[House Prints 112-3]
[From the U.S. Government Publishing Office]



112th Congress 
 1st Session          HOUSE COMMITTEE PRINT NO. 3

_______________________________________________________________________

                                     

 
            TITLE 38--UNITED STATES CODE VETERANS' BENEFITS

         As Amended Through P.L. 112-7, Enacted March 31, 2011

                                and the

                    SERVICEMEMBERS CIVIL RELIEF ACT

         As Amended Through P.L. 112-7, Enacted March 31, 2011


[GRAPHIC] [TIFF OMITTED] TONGRESS.#13


                  U.S. GOVERNMENT PRINTING OFFICE
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May 2, 2011.--Printed for the use of the Committee on Veterans' Affairs 
 of the House of Representatives1 2 HOUSE COMMITTEE PRINT NO. 3"112TH 
    CONGRESS 1st Session U.S. GOVERNMENT PRINTING OFFICE WASHINGTON 
:65875 2011 TITLE 38UNITED STATES CODE VETERANS 
BENEFITS AS AMENDED THROUGH P.L. 112-7, Enacted March 31, 2011 AND THE 
SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED THROUGH P.L. 112-7, Enacted 
March 31, 2011 MAY 2, 2011.Printed for the use of the Committee on 
    Veterans Affairs of the House of Representatives TITLE 
  38UNITED STATES CODE, VETERANS BENEFITSSERVICEMEMBERS 
CIVIL RELIEF ACT2011 1 HOUSE COMMITTEE PRINT NO. 3"112TH CONGRESS 
1st Session U.S. GOVERNMENT PRINTING OFFICE WASHINGTON :65875 
  2011 TITLE 38UNITED STATES CODE VETERANS BENEFITS AS 
      AMENDED THROUGH P.L. 112-7, Enacted March 31, 2011 AND THE 
SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED THROUGH P.L. 112-7, Enacted 
March 31, 2011 MAY 2, 2011.Printed for the use of the Committee on 
 Veterans Affairs of the House of Representatives For sale by 
   the Superintendent of Documents, U.S. Government Printing Office 
Internet: bookstore.gpo.gov Phone: toll free (866) 5121800; DC 
  area (202) 5121800 Fax: (202) 5122104 Mail: Stop 
IDCC, Washington, DC 204020001 COMMITTEE ON VETERANS 
   AFFAIRS JEFF MILLER, Florida, Chairman CLIFF STEARNS, Florida BOB 
   FILNER, California, Ranking DOUG LAMBORN, Colorado CORRINE BROWN, 
  Florida GUS BILIRAKIS, Florida SILVESTRE REYES, Texas DAVID P. ROE, 
 Tennessee MICHAEL H. MICHAUD, Maine MARLIN A. STUTZMAN, Indiana LINDA 
 T. SA4 NCHEZ, California BILL FLORES, Ohio BRUCE L. BRALEY, Iowa BILL 
 JOHNSON, Ohio JERRY MCNERNEY, California JEFF DENHAM, California JOE 
DONNELLY, Indiana JON RUNYAN, New Jersey TIMOTHY J. WALZ, Minnesota DAN 
  BENISHEK, Michigan JOHN BARROW, Georgia ANN MARIE BUERKLE, New York 
RUSS CARNAHAN, Missouri TIM HUELSKAMP, Kansas Vacancy Vacancy HELEN W. 
 TOLAR, Staff Director and Chief Counsel (II) TITLE 38, UNITED STATES 
 CODE  VETERANS BENEFITS [AS AMENDED THROUGH P.L. 112-7, 
 ENACTED MARCH 31, 2011] HOW TO FIND SUBSEQUENT AMENDMENTS For changes 
after the closing date of this document (March 31, 2011) to any section 
      of title 38, United States Code, see the United States Code 
   Classification Tables published by the Office of the Law Revision 
  Counsel of the House of Representatives at http://uscode.house.gov/
    classification/tables.shtml (ii) TITLE 38VETERANS 
 BENEFITS [This table of parts and chapters and the following table of 
sections are notpart of the statutory text of title 38 and are included 
 for the convenience of the reader.] PARTS OF TITLE 38 PART I. GENERAL 
    PROVISIONS. II. GENERAL BENEFITS. III. READJUSTMENT AND RELATED 
      BENEFITS. IV. GENERAL ADMINISTRATIVE PROVISIONS. V. BOARDS, 
   ADMINISTRATIONS, AND SERVICES. VI. ACQUISITION AND DISPOSITION OF 
PROPERTY. CHAPTERS OF TITLE 38 PART IGENERAL PROVISIONS CHAPTER 1. 
GENERAL. 3. DEPARTMENT OF VETERANS AFFAIRS. 5. AUTHORITY AND DUTIES OF 
    THE SECRETARY. 7. EMPLOYEES. 9. SECURITY AND LAW ENFORCEMENT ON 
PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT. PART IIGENERAL 
 BENEFITS CHAPTER 11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR 
DEATH. 13. DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
 DEATHS. 15. PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR 
FOR SERVICE. 17. HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE. 
    18. BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER 
   VETERANS. 19. INSURANCE. 20. BENEFITS FOR HOMELESS VETERANS. 21. 
 SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS. 23. BURIAL BENEFITS. 
24. NATIONAL CEMETERIES AND MEMORIALS. (iii) PART IIIREADJUSTMENT 
   AND RELATED BENEFITS CHAPTER 30. ALL-VOLUNTEER FORCE EDUCATIONAL 
 ASSISTANCE PROGRAM. 31. TRAINING AND REHABILITATION FOR VETERANS WITH 
SERVICE-CONNECTED DISABILITIES. 32. POST-VIETNAM ERA VETERANS 
   EDUCATIONAL ASSISTANCE. 33. POST-9/11 EDUCATIONAL ASSISTANCE. 34. 
 VETERANS EDUCATIONAL ASSISTANCE. 35. SURVIVORS AND 
   DEPENDENTS EDUCATIONAL ASSISTANCE. 36. ADMINISTRATION OF 
    EDUCATIONAL BENEFITS. 37. HOUSING AND SMALL BUSINESS LOANS. 39. 
 AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND 
    MEMBERS OF THE ARMED FORCES. 41. JOB COUNSELING, TRAINING, AND 
    PLACEMENT SERVICE FOR VETERANS. 42. EMPLOYMENT AND TRAINING OF 
  VETERANS. 43. EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
   UNIFORMED SERVICES. PART IVGENERAL ADMINISTRATIVE PROVISIONS 
    CHAPTER 51. CLAIMS, EFFECTIVE DATES, AND PAYMENTS. 53. SPECIAL 
 PROVISIONS RELATING TO BENEFITS. 55. MINORS, INCOMPETENTS, AND OTHER 
 WARDS. 57. RECORDS AND INVESTIGATIONS. 59. AGENTS AND ATTORNEYS. 61. 
    PENAL AND FORFEITURE PROVISIONS. 63. OUTREACH ACTIVITIES. PART 
   VBOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 71. BOARD OF 
   VETERANS APPEALS. 72. UNITED STATES COURT OF APPEALS FOR 
VETERANS CLAIMS. 73. VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND 
 FUNCTIONS. 74. VETERANS HEALTH ADMINISTRATION - PERSONNEL. 75. VISUAL 
   IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATIONAL 
  ASSISTANCE PROGRAM. 76. HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE 
 PROGRAM. 77. VETERANS BENEFITS ADMINISTRATION. 78. VETERANS 
CANTEEN SERVICE. 79. INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM. 
    PART VIACQUISITION AND DISPOSITION OF PROPERTY CHAPTER 81. 
   ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; 
   PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY. 82. 
    ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS TO 
  AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING 
INSTITUTIONS. 83. ACCEPTANCE OF GIFTS AND BEQUESTS. 85. DISPOSITION OF 
  DECEASED VETERANS PERSONAL PROPERTY. SECTIONS OF TITLE 38 
 TITLE 38VETERANS BENEFITS PART IGENERAL PROVISIONS 
 CHAPTER 1GENERAL 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. 117. Advance appropriations for certain 
   medical care accounts. 118. Submission of reports to Congress in 
electronic form. CHAPTER 3DEPARTMENT OF VETERANS AFFAIRS Sec. 301. 
Department. 302. Seal. 303. Secretary of Veterans Affairs. 304. Deputy 
 Secretary of Veterans Affairs. 305. Under Secretary for Health. 306. 
    Under Secretary for Benefits. 307. Under Secretary for Memorial 
Affairs. 308. Assistant Secretaries; Deputy Assistant Secretaries. 309. 
 Chief Financial Officer. 310. Chief Information Officer. 311. General 
  Counsel. 312. Inspector General. 312A. Director of Construction and 
   Facilities Management. 313. Availability of appropriations. 314. 
  Central Office. 315. Regional offices. 316. Colocation of regional 
 offices and medical centers. 317. Center for Minority Veterans. 318. 
  Center for Women Veterans. 319. Office of Employment Discrimination 
Complaint Adjudication. 320. Department of Veterans Affairs-Department 
    of Defense Joint Executive Committee. 321. Office of Survivors 
   Assistance. 322. Office of National Veterans Sports Programs and 
Special Events. (v) CHAPTER 5AUTHORITY AND DUTIES OF THE SECRETARY 
 SUBCHAPTER IGENERAL AUTHORITIES Sec. 501. Rules and regulations. 
  502. Judicial review of rules and regulations. 503. Administrative 
   error; equitable relief. 505. Opinions of Attorney General. 510. 
   Authority to reorganize offices. 511. Decisions of the Secretary; 
  finality. 512. Delegation of authority; assignment of functions and 
   duties. 513. Contracts and personal services. 515. Administrative 
  settlement of tort claims. 516. Equal employment responsibilities. 
 SUBCHAPTER IISPECIFIED FUNCTIONS Sec. 521. Assistance to certain 
     rehabilitation activities. 521A. Assistance for United States 
 Paralympics, Inc. 522. Studies of rehabilitation of disabled persons. 
 523. Coordination and promotion of other programs affecting veterans 
 and their dependents. 525. Publication of laws relating to veterans. 
 527. Evaluation and data collection. 529. Annual report to Congress. 
530. Annual report on program and expenditures for domestic response to 
  weapons of mass destruction. 531. Requirement relating to naming of 
  Department property. 532. Authority to advertise in national media. 
SUBCHAPTER IIIADVISORY COMMITTEES Sec. 541. Advisory Committee on 
  Former Prisoners of War. 542. Advisory Committee on Women Veterans. 
    543. Advisory Committee on Prosthetics and Special-Disabilities 
 Programs. 544. Advisory Committee on Minority Veterans. 545. Advisory 
 Committee on the Readjustment of Veterans. 546. Advisory Committee on 
Disability Compensation. CHAPTER 7EMPLOYEES Sec. 701. Placement of 
  employees in military installations. 703. Miscellaneous authorities 
 respecting employees. 705. Telephone service for medical officers and 
facility directors. 707. Benefits for employees at overseas offices who 
 are United States citizens. 709. Employment restrictions. 711. Grade 
     reductions. [712. Repealed.]. CHAPTER 9SECURITY AND LAW 
 ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT Sec. 
    901. Authority to prescribe rules for conduct and penalties for 
violations. 902. Enforcement and arrest authority of Department police 
officers. 903. Uniform allowance. 904. Equipment and weapons. 905. Use 
  of facilities and services of other law enforcement agencies. PART 
    IIGENERAL BENEFITS CHAPTER 11COMPENSATION FOR SERVICE-
   CONNECTED DISABILITY OR DEATH SUBCHAPTER IGENERAL Sec. 1101. 
 Definitions. 1102. Special provisions relating to surviving spouses. 
   1103. Special provisions relating to claims based upon effects of 
    tobacco products. 1104. Cost-of-living adjustments. SUBCHAPTER 
 IIWARTIME DISABILITY COMPENSATION Sec. 1110. Basic entitlement. 
 1111. Presumption of sound condition. 1112. Presumptions relating to 
certain diseases and disabilities. 1113. Presumptions rebuttable. 1114. 
Rates of wartime disability compensation. 1115. Additional compensation 
 for dependents. 1116. Presumptions of service connection for diseases 
 associated with exposure to certain herbicide agents; presumption of 
  exposure for veterans who served in the Republic of Vietnam. 1117. 
 Compensation for disabilities occurring in Persian Gulf War veterans. 
1118. Presumptions of service connection for illnesses associated with 
  service in the Persian Gulf during the Persian Gulf War. SUBCHAPTER 
IIIWARTIME DEATH COMPENSATION Sec. 1121. Basic entitlement. 1122. 
   Rates of wartime death compensation. SUBCHAPTER IVPEACETIME 
DISABILITY COMPENSATION Sec. 1131. Basic entitlement. 1132. Presumption 
 of sound condition. 1133. Presumptions relating to certain diseases. 
  1134. Rates of peacetime disability compensation. 1135. Additional 
compensation for dependents. [1136. Vacant]. 1137. Wartime presumptions 
  for certain veterans. SUBCHAPTER VPEACETIME DEATH COMPENSATION 
     Sec. 1141. Basic entitlement. 1142. Rates of peacetime death 
 compensation. [1143. Vacant]. SUBCHAPTER VIGENERAL COMPENSATION 
  PROVISIONS Sec. 1151. Benefits for persons disabled by treatment or 
     vocational rehabilitation. 1152. Persons heretofore having a 
   compensable status. 1153. Aggravation. 1154. Consideration to be 
accorded time, place, and circumstances of service. 1155. Authority for 
 schedule for rating disabilities. 1156. Temporary disability ratings. 
   1157. Combination of certain ratings. 1158. Disappearance. 1159. 
   Protection of service connection. 1160. Special consideration for 
certain cases of loss of paired organs or extremities. 1161. Payment of 
 disability compensation in disability severance cases. 1162. Clothing 
 allowance. 1163. Trial work periods and vocational rehabilitation for 
        certain veterans with total disability ratings. CHAPTER 
  13DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
     DEATHS SUBCHAPTER IGENERAL Sec. 1301. Definitions. 1302. 
  Determination of pay grade. 1303. Cost-of-living adjustments. 1304. 
     Special provisions relating to surviving spouses. SUBCHAPTER 
    IIDEPENDENCY AND INDEMNITY COMPENSATION Sec. 1310. Deaths 
  entitling survivors to dependency and indemnity compensation. 1311. 
  Dependency and indemnity compensation to a surviving spouse. 1312. 
 Benefits in certain cases of in-service or service-connected deaths. 
    1313. Dependency and indemnity compensation to children. 1314. 
 Supplemental dependency and indemnity compensation to children. 1315. 
Dependency and indemnity compensation to parents. 1316. Dependency and 
 indemnity compensation in cases of prior deaths. 1317. Restriction on 
 payments under this chapter. 1318. Benefits for survivors of certain 
     veterans rated totally disabled at time of death. SUBCHAPTER 
 IIICERTIFICATIONS Sec. 1321. Certifications with respect to pay 
      grade. 1322. Certifications with respect to social security 
  entitlement. 1323. Certifications with respect to circumstances of 
 death. CHAPTER 15PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR 
 DEATH OR FOR SERVICE SUBCHAPTER IGENERAL Sec. 1501. Definitions. 
 1502. Determinations with respect to disability. 1503. Determinations 
   with respect to annual income. 1504. Persons heretofore having a 
  pensionable status. 1505. Payment of pension during confinement in 
penal institutions. 1506. Resource reports and overpayment adjustments. 
 1507. Disappearance. 1508. Frequency of payment of pension benefits. 
SUBCHAPTER IIVETERANS PENSIONS Sec. [1510. Vacant]. 1511. 
    Indian War veterans. 1512. Spanish-American War veterans. 1513. 
Veterans 65 years of age and older. 1521. Veterans of a period of war. 
    1522. Net worth limitation. 1523. Combination of ratings. 1524. 
Vocational training for certain pension recipients. 1525. Protection of 
   health-care eligibility. SUBCHAPTER IIIPENSIONS TO SURVIVING 
 SPOUSES AND CHILDREN Sec. [1531. Vacant]. 1532. Surviving spouses of 
    Civil War veterans. 1533. Children of Civil War veterans. 1534. 
Surviving spouses of Indian War veterans. 1535. Children of Indian War 
  veterans. 1536. Surviving spouses of Spanish-American War veterans. 
   1537. Children of Spanish-American War veterans. 1541. Surviving 
spouses of veterans of a period of war. 1542. Children of veterans of a 
 period of war. 1543. Net worth limitation. [1544. Vacant]. SUBCHAPTER 
IVARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL Sec. 
 1560. Medal of Honor Roll; persons eligible. 1561. Certificate. 1562. 
   Special provisions relating to pension. CHAPTER 17HOSPITAL, 
 NURSING HOME, DOMICILIARY, AND MEDICAL CARE SUBCHAPTER IGENERAL 
Sec. 1701. Definitions. 1702. Presumptions: psychosis after service in 
World War II and following periods of war; mental illness after service 
in the Persian Gulf War. 1703. Contracts for hospital care and medical 
    services in non-Department facilities. 1704. Preventive health 
   services: annual report. 1705. Management of health care: patient 
enrollment system. 1706. Management of health care: other requirements. 
1707. Limitations. 1708. Temporary lodging. SUBCHAPTER IIHOSPITAL, 
  NURSING HOME, OR DOMICILIARY CARE AND MEDICAL TREATMENT Sec. 1710. 
 Eligibility for hospital, nursing home, and domiciliary care. 1710A. 
   Required nursing home care. 1710B. Extended care services. 1710C. 
Traumatic brain injury: plans for rehabilitation and reintegration into 
the community. 1710D. Traumatic brain injury: comprehensive program for 
 long- term rehabilitation. 1710E. Traumatic brain injury: use of non-
      Department facilities for rehabilitation. 1711. Care during 
examinations and in emergencies. 1712. Dental care; drugs and medicines 
    for certain disabled veterans; vaccines. 1712A. Eligibility for 
  readjustment counseling and related mental health services. 1712B. 
Counseling for former prisoners of war. [1713. Renumbered 1781 ]. 1714. 
   Fitting and training in use of prosthetic appliances; guide dogs; 
 service dogs. 1715. Tobacco for hospitalized veterans. 1716. Hospital 
    care by other agencies of the United States. 1717. Home health 
   services; invalid lifts and other devices. 1718. Therapeutic and 
   rehabilitative activities. 1719. Repair or replacement of certain 
prosthetic and other appliances. 1720. Transfers for nursing home care; 
adult day health care. 1720A. Treatment and rehabilitative services for 
 persons with drug or alcohol dependency. 1720B. Respite care. 1720C. 
 Noninstitutional alternatives to nursing home care. 1720D. Counseling 
     and treatment for sexual trauma. 1720E. Nasopharyngeal radium 
irradiation. 1720F. Comprehensive program for suicide prevention among 
   veterans. 1720G. Assistance and support services for caregivers. 
 SUBCHAPTER IIIMISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND 
NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS Sec. 1721. Power to 
make rules and regulations. 1722. Determination of inability to defray 
      necessary expenses; income thresholds. 1722A. Copayment for 
medications. 1723. Furnishing of clothing. 1724. Hospital care, medical 
    services, and nursing home care abroad. 1725. Reimbursement for 
 emergency treatment. 1726. Reimbursement for loss of personal effects 
  by natural disaster. 1727. Persons eligible under prior law. 1728. 
Reimbursement of certain medical expenses. 1729. Recovery by the United 
 States of the cost of certain care and services. 1729A. Department of 
  Veterans Affairs Medical Care Collections Fund. 1729B. Consolidated 
 patient accounting centers. 1730. Community residential care. 1730A. 
Prohibition on collection of copayments from catastrophically disabled 
  veterans. SUBCHAPTER IVHOSPITAL CARE AND MEDICAL TREATMENT FOR 
 VETERANS IN THE REPUBLIC OF THE PHILIPPINES Sec. 1731. Assistance to 
the Republic of the Philippines. 1732. Contracts and grants to provide 
 for the care and treatment of United States veterans by the Veterans 
Memorial Medical Center. 1733. Supervision of program by the President. 
1734. Hospital and nursing home care and medical services in the United 
  States. 1735. Definitions. SUBCHAPTER VPAYMENTS TO STATE HOMES 
   Sec. 1741. Criteria for payment. 1742. Inspections of such homes; 
  restrictions on beneficiaries. 1743. Applications. 1744. Hiring and 
retention of nurses: payments to assist States. 1745. Nursing home care 
   and medications for veterans with service-connected disabilities. 
SUBCHAPTER VISICKLE CELL ANEMIA Sec. 1751. Screening, counseling, 
 and medical treatment. 1752. Research. 1753. Voluntary participation; 
  confidentiality. 1754. Reports. SUBCHAPTER VIITRANSFERRED Sec. 
       [1771 to 1774. Renumbered Secs. 2031 to 2034]. SUBCHAPTER 
VIIIHEALTH CARE OF PERSONS OTHER THAN VETERANS Sec. 1781. Medical 
     care for survivors and dependents of certain veterans. 1782. 
 Counseling, training, and mental health services for immediate family 
     members and care-givers. 1783. Bereavement counseling. 1784. 
Humanitarian care. 1785. Care and services during certain disasters and 
    emergencies. 1786. Care for newborn children of women veterans 
   receiving maternity care. CHAPTER 18BENEFITS FOR CHILDREN OF 
  VIETNAM VETERANS AND CERTAIN OTHER VETERANS Sec. [1801. Repealed.]. 
 SUBCHAPTER ICHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA 
 Sec. 1802. Spina bifida conditions covered. 1803. Health care. 1804. 
   Vocational training and rehabilitation. 1805. Monetary allowance. 
[1806. Repealed.]. SUBCHAPTER IICHILDREN OF WOMEN VIETNAM VETERANS 
 BORN WITH CERTAIN BIRTH DEFECTS Sec. 1811. Definitions. 1812. Covered 
  birth defects. 1813. Health care. 1814. Vocational training. 1815. 
 Monetary allowance. 1816. Regulations. SUBCHAPTER IIICHILDREN OF 
   CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA Sec. 1821. 
Benefits for children of certain Korea service veterans born with spina 
 bifida. SUBCHAPTER IVGENERAL PROVISIONS Sec. 1831. Definitions. 
    1832. Applicability of certain administrative provisions. 1833. 
 Treatment of receipt of monetary allowance and other benefits. 1834. 
    Nonduplication of benefits. CHAPTER 19INSURANCE SUBCHAPTER 
  INATIONAL SERVICE LIFE INSURANCE Sec. 1901. Definitions. 1902. 
Premium rates and policy values. 1903. Amount of insurance. 1904. Plans 
of insurance. 1905. Renewal. 1906. Policy provisions. 1907. Payment or 
   use of dividends. 1908. Premium payments. 1909. Effective date of 
   insurance. 1910. Incontestability. 1911. Forfeiture. 1912. Total 
    disability waiver. 1913. Death before six months total 
disability. 1914. Statutory total disabilities. 1915. Total disability 
income provision. 1916. Insurance which matured before August 1, 1946. 
1917. Insurance maturing on or after August 1, 1946. 1918. Assignments. 
  1919. National Service Life Insurance appropriation. 1920. National 
 Service Life Insurance Fund. 1921. Extra hazard costs. 1922. Service 
   disabled veterans insurance. 1922A. Supplemental service 
  disabled veterans insurance for totally disabled veterans. 
1923. Veterans Special Life Insurance. 1924. In-service waiver 
   of premiums. 1925. Limited period for acquiring insurance. 1926. 
      Authority for higher interest rates for amounts payable to 
beneficiaries. 1927. Authority for higher monthly installments payable 
   to certain annuitants. 1928. Authority for payment of interest on 
    settlements. 1929. Authority to adjust premium discount rates. 
 SUBCHAPTER IIUNITED STATES GOVERNMENT LIFE INSURANCE Sec. 1940. 
Definition. 1941. Amount of insurance. 1942. Plans of insurance. 1943. 
 Premiums. 1944. Policy provisions. 1945. Renewal. 1946. Dividends to 
pay premiums. 1947. Incontestability. 1948. Total disability provision. 
1949. Change of beneficiary. 1950. Payment to estates. 1951. Payment of 
    insurance. 1952. Optional settlement. 1953. Assignments. 1954. 
 Forfeiture. 1955. United States Government Life Insurance Fund. 1956. 
 Military and naval insurance appropriation. 1957. Extra hazard costs. 
1958. Statutory total permanent disability. 1959. Waiver of disability 
for reinstatement. 1960. Waiver of premium payments on due date. 1961. 
      Authority for higher interest rates for amounts payable to 
beneficiaries. 1962. Authority for higher monthly installments payable 
   to certain annuitants. 1963. Authority for payment of interest on 
  settlements. SUBCHAPTER IIISERVICEMEMBERS GROUP LIFE 
 INSURANCE Sec. 1965. Definitions. 1966. Eligible insurance companies. 
   1967. Persons insured; amount. 1968. Duration and termination of 
 coverage; conversion.1969. Deductions; payment; investment; expenses. 
   1970. Beneficiaries; payment of insurance. 1971. Basic tables of 
  premiums; readjustment of rates. 1972. Benefit certificates. 1973. 
  Forfeiture. 1974. Advisory Council on Servicemembers Group 
 Life Insurance.1975. Jurisdiction of District Courts. 1976. Effective 
       date. 1977. Veterans Group Life Insurance. 1978. 
    Reinstatement. 1979. Incontestability. 1980. Option to receive 
     accelerated death benefit.1980A. Traumatic injury protection. 
  SUBCHAPTER IVGENERAL Sec. 1981. Replacement of surrendered and 
  expired insurance. 1982. Administrative cost. 1983. Settlements for 
 minors or incompetents. 1984. Suits on insurance. 1985. Decisions by 
 the Secretary. 1986. Deposits in and disbursements from trust funds. 
 1987. Penalties. 1988. Savings provision. CHAPTER 20BENEFITS FOR 
HOMELESS VETERANS SUBCHAPTER IPURPOSE; DEFINITIONS; ADMINISTRATIVE 
     MATTERS Sec. 2001. Purpose. 2002. Definitions. 2003. Staffing 
  requirements. SUBCHAPTER IICOMPREHENSIVE SERVICE PROGRAMS Sec. 
     2011. Grants. 2012. Per diem payments. 2013. Authorization of 
  appropriations. SUBCHAPTER IIITRAINING AND OUTREACH Sec. 2021. 
    Homeless veterans reintegration programs. 2021A. Homeless women 
   veterans and homeless veterans with children reintegration grant 
 program. 2022. Coordination of outreach services for veterans at risk 
 of homelessness. 2023. Referral and counseling services: veterans at 
 risk of homelessness who are transitioning from certain institutions. 
 SUBCHAPTER IVTREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY 
     ILL AND HOMELESS VETERANS Sec. 2031. General treatment. 2032. 
 Therapeutic housing. 2033. Additional services at certain locations. 
 2034. Coordination with other agencies and organizations. SUBCHAPTER 
  VHOUSING ASSISTANCE Sec. 2041. Housing assistance for homeless 
    veterans. 2042. Supported housing for veterans participating in 
  compensated work therapies. 2043. Domiciliary care programs. 2044. 
   Financial assistance for supportive services for very low-income 
veteran families in permanent housing. SUBCHAPTER VILOAN GUARANTEE 
  FOR MULTIFAMILY TRANSITIONAL HOUSING Sec. 2051. General authority. 
      2052. Requirements. 2053. Default. 2054. Audit. SUBCHAPTER 
VIIOTHER PROVISIONS Sec. 2061. Grant program for homeless veterans 
  with special needs. 2062. Dental care. 2063. Employment assistance. 
2064. Technical assistance grants for nonprofit community-based groups. 
2065. Annual report on assistance to homeless veterans. 2066. Advisory 
   Committee on Homeless Veterans. CHAPTER 21SPECIALLY ADAPTED 
HOUSING FOR DISABLED VETERANS Sec. 2101. Acquisition and adaptation of 
    housing: eligible veterans. 2101A. Eligibility for benefits and 
    assistance: members of the Armed Forces with service-connected 
  disabilities; individuals residing outside the United States. 2102. 
Limitations on assistance furnished. 2102A. Assistance for individuals 
    residing temporarily in housing owned by a family member. 2103. 
 Furnishing of plans and specifications. 2104. Benefits additional to 
 benefits under other laws. 2105. Nonliability of United States. 2106. 
   Veterans mortgage life insurance. 2107. Coordination of 
 administration of benefits. 2108. Specially adapted housing assistive 
  technology grant program. CHAPTER 23BURIAL BENEFITS Sec. 2301. 
Flags. 2302. Funeral expenses. 2303. Death in Department facility; plot 
allowance. 2304. Claims for reimbursement. 2305. Persons eligible under 
  prior law. 2306. Headstones, markers, and burial receptacles. 2307. 
   Death from service-connected disability. 2308. Transportation of 
   deceased veteran to a national cemetery. CHAPTER 24NATIONAL 
CEMETERIES AND MEMORIALS Sec. 2400. Establishment of National Cemetery 
Administration; composition of Administration. 2401. Advisory Committee 
 on Cemeteries and Memorials. 2402. Persons eligible for interment in 
national cemeteries. 2403. Memorial areas. 2404. Administration. 2405. 
 Disposition of inactive cemeteries. 2406. Acquisition of lands. 2407. 
   Authority to accept and maintain suitable memorials. 2408. Aid to 
        States for establishment, expansion, and improvement of 
    veterans cemeteries. 2409. Memorial areas in Arlington 
   National Cemetery. 2410. Burial of cremated remains in Arlington 
       National Cemetery. 2411. Prohibition against interment or 
 memorialization in the National Cemetery Administration or Arlington 
   National Cemetery of persons committing Federal or State capital 
crimes. 2412. Lease of land and buildings. 2413. Prohibition on certain 
  demonstrations at cemeteries under control of the National Cemetery 
        Administration and at Arlington National Cemetery. PART 
IIIREADJUSTMENT AND RELATED BENEFITS CHAPTER 30ALL-VOLUNTEER 
    FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER IPURPOSES; 
    DEFINITIONS Sec. 3001. Purposes. 3002. Definitions. SUBCHAPTER 
   IIBASIC EDUCATIONAL ASSISTANCE Sec. 3011. Basic educational 
    assistance entitlement for service on active duty. 3012. Basic 
educational assistance entitlement for service in the Selected Reserve. 
3013. Duration of basic educational assistance. 3014. Payment of basic 
educational assistance. 3014A. Accelerated payment of basic educational 
   assistance for education leading to employment in high technology 
     occupation in high technology industry. 3015. Amount of basic 
  educational assistance. 3016. Inservice enrollment in a program of 
 education. 3017. Death benefit. 3018. Opportunity for certain active-
 duty personnel to withdraw election not to enroll. 3018A. Opportunity 
for certain active-duty personnel to enroll before being involuntarily 
   separated from service. 3018B. Opportunity for certain persons to 
  enroll. 3018C. Opportunity for certain VEAP participants to enroll. 
3019. Tutorial assistance. 3020. Authority to transfer unused education 
   benefits to family members for career service members. SUBCHAPTER 
  IIISUPPLEMENTAL EDUCATIONAL ASSISTANCE Sec. 3021. Supplemental 
    educational assistance for additional service. 3022. Amount of 
  supplemental educational assistance. 3023. Payment of supplemental 
 educational assistance under this subchapter. SUBCHAPTER IVTIME 
    LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND 
    ADMINISTRATIVE PROVISIONS Sec. 3031. Time limitation for use of 
     eligibility and entitlement. 3032. Limitations on educational 
    assistance for certain individuals. 3033. Bar to duplication of 
 educational assistance benefits. 3034. Program administration. 3035. 
  Allocation of administration and of program costs. 3036. Reporting 
 requirement. CHAPTER 31TRAINING AND REHABILITATION FOR VETERANS 
    WITH SERVICE-CONNECTED DISABILITIES Sec. 3100. Purposes. 3101. 
  Definitions. 3102. Basic entitlement. 3103. Periods of eligibility. 
       3104. Scope of services and assistance. 3105. Duration of 
   rehabilitation programs. 3106. Initial and extended evaluations; 
      determinations regarding serious employment handicap. 3107. 
Individualized vocational rehabilitation plan. 3108. Allowances. 3109. 
Entitlement to independent living services and assistance. 3110. Leaves 
   of absence. 3111. Regulations to promote satisfactory conduct and 
       cooperation. 3112. Revolving fund loans. 3113. Vocational 
    rehabilitation for hospitalized members of the Armed Forces and 
 veterans. 3114. Vocational rehabilitation outside the United States. 
   3115. Rehabilitation resources. 3116. Promotion of employment and 
 training opportunities. 3117. Employment assistance. 3118. Personnel 
    training, development, and qualifications. 3119. Rehabilitation 
  research and special projects. 3120. Program of independent living 
services and assistance. 3121. Veterans Advisory Committee on 
 Rehabilitation. 3122. Longitudinal study of vocational rehabilitation 
programs. CHAPTER 32POST-VIETNAM ERA VETERANS EDUCATIONAL 
 ASSISTANCE SUBCHAPTER IPURPOSE; DEFINITIONS Sec. 3201. Purpose. 
 3202. Definitions. SUBCHAPTER IIELIGIBILITY; CONTRIBUTIONS; AND 
  MATCHING FUND Sec. 3221. Eligibility. 3222. Contributions; matching 
fund. 3223. Refunds of contributions upon disenrollment. 3224. Death of 
 participant. 3225. Discharge or release under conditions which would 
bar the use of benefits. SUBCHAPTER IIIENTITLEMENT; DURATION Sec. 
3231. Entitlement; loan eligibility. 3232. Duration; limitations. 3233. 
  Apprenticeship or other on-job training. 3234. Tutorial assistance. 
   SUBCHAPTER IVADMINISTRATION Sec. 3241. Requirements. [3242. 
Vacant]. 3243. Deposits; reports. CHAPTER 33POST-9/11 EDUCATIONAL 
    ASSISTANCE SUBCHAPTER IDEFINITIONS Sec. 3301. Definitions. 
    SUBCHAPTER IIEDUCATIONAL ASSISTANCE Sec. 3311. Educational 
   assistance for service in the Armed Forces commencing on or after 
    September 11, 2001: entitlement. 3312. Educational assistance: 
 duration. 3313. Programs of education leading to a degree pursued at 
  institutions of higher learning on more than half-time basis. 3314. 
 Tutorial assistance. 3315. Licensure and certification tests. 3315A. 
National tests. 3316. Supplemental educational assistance: members with 
critical skills or specialty; members serving additional service. 3317. 
  Public-private contributions for additional educational assistance. 
   3318. Additional assistance: relocation or travel assistance for 
individual relocating or traveling significant distance for pursuit of 
 a program of education. 3319. Authority to transfer unused education 
     benefits to family members. SUBCHAPTER IIIADMINISTRATIVE 
 PROVISIONS Sec. 3321. Time limitation for use of and eligibility for 
    entitlement. 3322. Bar to duplication of educational assistance 
benefits. 3323. Administration. 3324. Allocation of administration and 
    costs. CHAPTER 34VETERANS EDUCATIONAL ASSISTANCE 
    SUBCHAPTER IPURPOSE Sec. 3451. Purpose. 3452. Definitions. 
 SUBCHAPTER IIELIGIBILITY AND ENTITLEMENT Sec. 3461. Eligibility; 
entitlement; duration. 3462. Time limitations for completing a program 
of education. [3463. Vacant]. SUBCHAPTER IIIENROLLMENT Sec. 3470. 
  Selection of program. 3471. Applications; approval. [3472. Vacant]. 
 [3473. Repealed.]. 3474. Discontinuance for unsatisfactory conduct or 
 progress. [3475. Vacant]. 3476. Education outside the United States. 
[3477, 3478. Vacant]. SUBCHAPTER IVPAYMENTS TO ELIGIBLE VETERANS; 
 VETERAN-STUDENT SERVICES Sec. 3481. Educational assistance allowance. 
    3482. Computation of educational assistance allowances. [3482A. 
 Vacant]. 3483. Approval of courses. 3484. Apprenticeship or other on-
   job training; correspondence courses. 3485. Work-study allowance. 
   [3486, 3487. Vacant]. SUBCHAPTER VSPECIAL ASSISTANCE FOR THE 
 EDUCATIONALLY DISADVANTAGED Sec. 3490. Purpose. 3491. Elementary and 
   secondary education and preparatory educational assistance. 3492. 
Tutorial assistance. 3493. Effect on educational entitlement. [3495 to 
         3498. Vacant]. CHAPTER 35SURVIVORS AND 
DEPENDENTS EDUCATIONAL ASSISTANCE SUBCHAPTER IDEFINITIONS 
 Sec. 3500. Purpose. 3501. Definitions. SUBCHAPTER IIELIGIBILITY 
AND ENTITLEMENT Sec. 3510. Eligibility and entitlement generally. 3511. 
Duration of educational assistance. 3512. Periods of eligibility. 3513. 
       Application. 3514. Processing of applications. SUBCHAPTER 
  IIIPROGRAM OF EDUCATION Sec. 3520. Educational and vocational 
   counseling. 3521. Approval of application. [3522. Vacant]. 3523. 
Disapproval of enrollment in certain courses. 3524. Discontinuance for 
       unsatisfactory progress. [3525, 3526. Vacant]. SUBCHAPTER 
 IVPAYMENTS TO ELIGIBLE PERSONS Sec. 3531. Educational assistance 
allowance. 3532. Computation of educational assistance allowance. 3533. 
     Special assistance for the educationally disadvantaged. 3534. 
Apprenticeship or other on-job training; correspondence courses. 3535. 
  Approval of courses. 3536. Specialized vocational training courses. 
 3537. Work-study allowance. [3538. Vacant]. SUBCHAPTER VSPECIAL 
 RESTORATIVE TRAINING Sec. 3540. Purpose. 3541. Entitlement to special 
 restorative training. 3542. Special training allowance. 3543. Special 
 administrative provisions. SUBCHAPTER VIMISCELLANEOUS PROVISIONS 
 Sec. 3561. Authority and duties of Secretary. 3562. Nonduplication of 
benefits. 3563. Notification of eligibility. 3564. Annual adjustment of 
   amounts of educational assistance. SUBCHAPTER VIIPHILIPPINE 
COMMONWEALTH ARMY AND PHILIPPINE SCOUTS Sec. 3565. Children of certain 
 Philippine veterans. 3566. Definitions. CHAPTER 36ADMINISTRATION 
OF EDUCATIONAL BENEFITS SUBCHAPTER ISTATE APPROVING AGENCIES Sec. 
3670. Scope of approval. 3671. Designation. 3672. Approval of courses. 
3673. Approval activities: cooperation and coordination of activities. 
     3674. Reimbursement of expenses. 3674A. Evaluations of agency 
performance; qualifications and performance of agency personnel. 3675. 
    Approval of accredited courses. 3676. Approval of nonaccredited 
    courses. 3677. Approval of training on the job. 3678. Notice of 
     approval of courses. 3679. Disapproval of courses. SUBCHAPTER 
   IIMISCELLANEOUS PROVISIONS Sec. 3680. Payment of educational 
assistance or subsistence allowances. 3680A. Disapproval of enrollment 
in certain courses. 3681. Limitations on educational assistance. 3682. 
Control by agencies of the United States. 3683. Conflicting interests. 
    3684. Reports by veterans, eligible persons, and institutions; 
reporting fee. 3684A. Procedures relating to computer matching program. 
       3685. Overpayments to eligible persons or veterans. 3686. 
Correspondence courses. 3687. Apprenticeship or other on-job training. 
3688. Measurement of courses. 3689. Approval requirements for licensing 
      and certification testing. 3690. Overcharges by educational 
  institutions; discontinuance of allowances; examination of records; 
false or misleading statements. 3691. Change of program. 3692. Advisory 
    committee. 3693. Compliance surveys. 3694. Use of other Federal 
 agencies. 3695. Limitation on period of assistance under two or more 
     programs. 3696. Limitation on certain advertising, sales, and 
    enrollment practices. 3697. Funding of contract educational and 
 vocational counseling. 3697A. Educational and vocational counseling. 
   SUBCHAPTER IIIREPEALED Sec. [3698, 3699. Repealed.]. CHAPTER 
 37HOUSING AND SMALL BUSINESS LOANS SUBCHAPTER IGENERAL Sec. 
  3701. Definitions. 3702. Basic entitlement. 3703. Basic provisions 
 relating to loan guaranty and insurance. 3704. Restrictions on loans. 
  3705. Warranties. 3706. Escrow of deposits and downpayments. 3707. 
  Adjustable rate mortgages. 3707A. Hybrid adjustable rate mortgages. 
 3708. Authority to buy down interest rates: pilot program. SUBCHAPTER 
IILOANS Sec. 3710. Purchase or construction of homes. 3711. Direct 
loans to veterans. 3712. Loans to purchase manufactured homes and lots. 
3713. Release from liability under guaranty. 3714. Assumptions; release 
          from liability. [3715 to 3719. Vacant]. SUBCHAPTER 
IIIADMINISTRATIVE PROVISIONS Sec. 3720. Powers of Secretary. 3721. 
 Incontestability. 3722. Veterans Housing Benefit Program Fund. 3723. 
    Repealed.. 3726. Withholding of payments, benefits, etc. 3727. 
    Expenditures to correct or compensate for structural defects in 
  mortgaged homes. 3728. Exemption from State anti-usury provisions. 
  3729. Loan fee. 3730. Use of attorneys in court. 3731. Appraisals. 
  3732. Procedure on default. 3733. Property management. 3734. Annual 
submission of information on the Veterans Housing Benefit Program Fund 
    and housing programs. [3735. Renumbered 2041]. 3736. Reporting 
    requirements. SUBCHAPTER IVSMALL BUSINESS LOANS Sec. 3741. 
  Definitions. 3742. Small business loan program. 3743. Liability on 
  loans. 3744. Approval of loans by the Secretary. 3745. Interest on 
loans. 3746. Maturity of loans. 3747. Eligible financial institutions. 
  3748. Preference for disabled veterans. 3749. Revolving fund. 3750. 
 Incorporation of other provisions by the Secretary. 3751. Termination 
 of program. SUBCHAPTER VDIRECT HOUSING LOANS FOR NATIVE AMERICAN 
 VETERANS Sec. 3761. Direct housing loans to Native American veterans; 
   program authority. 3762. Direct housing loans to Native American 
veterans; program administration. 3763. Native American Veteran Housing 
  Loan Program Account. 3764. Qualified non-Native American veterans. 
     3765. Definitions. SUBCHAPTER VITRANSFERRED Sec. [3771. 
     Repealed.]. [3772 to 3775. Renumbered 2051 to 2054 ]. CHAPTER 
39AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS 
     AND MEMBERS OF THE ARMED FORCES Sec. 3901. Definitions. 3902. 
   Assistance for providing automobile and adaptive equipment. 3903. 
Limitations on assistance; special training courses. 3904. Research and 
  development. CHAPTER 41JOB COUNSELING, TRAINING, AND PLACEMENT 
  SERVICE FOR VETERANS Sec. 4100. Findings. 4101. Definitions. 4102. 
  Purpose. 4102A. Assistant Secretary of Labor for Veterans 
 Employment and Training; program functions; Regional Administrators. 
     4103. Directors and Assistant Directors for Veterans 
Employment and Training; additional Federal personnel. 4103A. Disabled 
   veterans outreach program. 4104. Local veterans 
 employment representatives. [4104A. Repealed.]. 4105. Cooperation of 
     Federal agencies. 4106. Estimate of funds for administration; 
authorization of appropriations. 4107. Administrative controls; annual 
      report. 4108. Cooperation and coordination. 4109. National 
  Veterans Employment and Training Services Institute. 4110. 
   Advisory Committee on Veterans Employment, Training, and Employer 
 Outreach. 4110A. Special unemployment study. 4110B. Coordination and 
 nonduplication. [4111. Repealed.]. 4112. Performance incentive awards 
    for quality employment, training, and placement services. 4113. 
    Outstationing of Transition Assistance Program personnel. 4114. 
Credentialing and licensure of veterans: demonstration project. CHAPTER 
  42EMPLOYMENT AND TRAINING OF VETERANS Sec. 4211. Definitions. 
 4212. Veterans employment emphasis under Federal contracts. 
 4213. Eligibility requirements for veterans under Federal employment 
and training programs. 4214. Employment within the Federal Government. 
   4215. Priority of service for veterans in Department of Labor job 
training programs. CHAPTER 43EMPLOYMENT AND REEMPLOYMENT RIGHTS OF 
 MEMBERS OF THE UNIFORMED SERVICES SUBCHAPTER IGENERAL Sec. 4301. 
 Purposes; sense of Congress. 4302. Relation to other law and plans or 
 agreements. 4303. Definitions. 4304. Character of service. SUBCHAPTER 
IIEMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS 
 Sec. 4311. Discrimination against persons who serve in the uniformed 
services and acts of reprisal prohibited. 4312. Reemployment rights of 
    persons who serve in the uniformed services. 4313. Reemployment 
    positions. 4314. Reemployment by the Federal Government. 4315. 
 Reemployment by certain Federal agencies. 4316. Rights, benefits, and 
    obligations of persons absent from employment for service in a 
 uniformed service. 4317. Health plans. 4318. Employee pension benefit 
 plans. 4319. Employment and reemployment rights in foreign countries. 
    SUBCHAPTER IIIPROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND 
INVESTIGATION Sec. 4321. Assistance in obtaining reemployment or other 
   employment rights or benefits. 4322. Enforcement of employment or 
  reemployment rights. 4323. Enforcement of rights with respect to a 
State or private employer. 4324. Enforcement of rights with respect to 
Federal executive agencies. 4325. Enforcement of rights with respect to 
 certain Federal agencies. 4326. Conduct of investigation; subpoenas. 
       4327. Noncompliance of Federal officials with deadlines; 
        inapplicability of statutes of limitations. SUBCHAPTER 
IVMISCELLANEOUS PROVISIONS Sec. 4331. Regulations. 4332. Reports. 
 4333. Outreach. 4334. Notice of rights and duties. 4335. Training for 
 Federal executive agency human resources personnel on employment and 
reemployment rights and limitations. PART IVGENERAL ADMINISTRATIVE 
    PROVISIONS CHAPTER 51CLAIMS, EFFECTIVE DATES, AND PAYMENTS 
SUBCHAPTER ICLAIMS Sec. 5100. Definition of claimant. 5101. Claims 
 and forms. 5102. 5103. 5103A. 5104. Application forms furnished upon 
  request; notice to claimants of incomplete applications. Notice to 
    claimants of required information and evidence. Duty to assist 
claimants. Decisions and notices of decisions. 5105. 5106. 5107. 5108. 
    5109. 5109A. 5109B. Joint applications for social security and 
  dependency and indemnity compensation. Furnishing of information by 
    other agencies. Claimant responsibility; benefit of the doubt. 
Reopening disallowed claims. Independent medical opinions. Revision of 
    decisions on grounds of clear and unmistakable error.Expedited 
 treatment of remanded claims. SUBCHAPTER IIEFFECTIVE DATES Sec. 
5110. Effective dates of awards. 5111. 5112. Commencement of period of 
   payment. Effective dates of reductions and discontinuances. 5113. 
Effective dates of educational benefits. SUBCHAPTER IIIPAYMENT OF 
BENEFITS Sec. 5120. 5121. 5121A. Payment of benefits; delivery. Payment 
 of certain accrued benefits upon death of a beneficiary. Substitution 
      in case of death of claimant. 5122. 5123. 5124. 5125. 5126. 
  Cancellation of checks mailed to deceased payees. Rounding down of 
 pension rates. Acceptance of claimants statement as proof of 
relationship. Acceptance of reports of private physician examinations. 
  Benefits not to be denied based on lack of mailing address. CHAPTER 
       53SPECIAL PROVISIONS RELATING TO BENEFITS Sec. 5301. 
    Nonassignability and exempt status of benefits. 5302. Waiver of 
  recovery of claims by the United States.5302A. 5302A Collection of 
indebtedness: certain debts of members of the Armed Forces and veterans 
   who die of injury incurred or aggravated in the line of duty in a 
combat zone. 5303. Certain bars to benefits. 5303A. Minimum active-duty 
service requirement. 5304. Prohibition against duplication of benefits. 
 5305. Waiver of retired pay. 5306. Renouncement of right to benefits. 
5307. Apportionment of benefits. 5308. Withholding benefits of persons 
in territory of the enemy. 5309. Payment of certain withheld benefits. 
  5310. Payment of benefits for month of death. 5311. Prohibition of 
 certain benefit payments. 5312. Annual adjustment of certain benefit 
 rates. 5313. Limitation on payment of compensation and dependency and 
  indemnity compensation to persons incarcerated for conviction of a 
     felony. 5313A. Limitation on payment of clothing allowance to 
incarcerated veterans. 5313B. Prohibition on providing certain benefits 
  with respect to persons who are fugitive felons.5314. Indebtedness 
 offsets. 5315. Interest and administrative cost charges on delinquent 
 payments of certain amounts due the United States. 5316. Authority to 
  sue to collect certain debts. 5317. Use of income information from 
     other agencies: notice and verification.5317A. Use of income 
  information from other agencies: independent verification required 
before termination or reduction of certain benefits and services. 5318. 
   Review of Social Security Administration death information.5319. 
  Limitations on access to financial records. CHAPTER 55MINORS, 
  INCOMPETENTS, AND OTHER WARDS Sec. 5501. Commitment actions. 5502. 
Payments to and supervision of fiduciaries. 5503. Hospitalized veterans 
     and estates of incompetent institutionalized veterans. 5504. 
 Administration of trust funds. [5505. Repealed.]. 5506. Definition of 
    fiduciary. 5507. Inquiry, investigations, and qualification of 
      fiduciaries. 5508. Periodic onsite reviews of institutional 
 fiduciaries. 5509. Authority to require fiduciary to receive payments 
at regional offices of the Department when failing to provide required 
      accounting. 5510. Annual report. CHAPTER 57RECORDS AND 
INVESTIGATIONS SUBCHAPTER IRECORDS Sec. 5701. Confidential nature 
of claims. 5702. Furnishing of records. 5703. Certification of records 
   of District of Columbia. 5704. Transcript of trial records. 5705. 
   Confidentiality of medical quality-assurance records. SUBCHAPTER 
 IIINVESTIGATIONS Sec. 5711. Authority to issue subpoenas. 5712. 
   Validity of affidavits.5713. Disobedience to subpoena. SUBCHAPTER 
 IIIINFORMATION SECURITY Sec. 5721. Purpose. 5722. Policy. 5723. 
   Responsibilities. 5724. Provision of credit protection and other 
  services. 5725. Contracts for data processing or maintenance. 5726. 
  Reports and notice to congress on data breaches. 5727. Definitions. 
   5728. Authorization of appropriations. CHAPTER 59AGENTS AND 
  ATTORNEYS Sec. 5901. Prohibition against acting as claims agent or 
attorney. 5902. Recognition of representatives of organizations. 5903. 
  Recognition with respect to particular claims. 5904. Recognition of 
agents and attorneys generally. 5905. Penalty for certain acts. CHAPTER 
 61PENAL AND FORFEITURE PROVISIONS Sec. 6101. Misappropriation by 
fiduciaries. 6102. Fraudulent acceptance of payments. 6103. Forfeiture 
     for fraud. 6104. Forfeiture for treason. 6105. Forfeiture for 
 subversive activities. 6106. Misuse of benefits by fiduciaries. 6107. 
    Reissuance of benefits. 6108. Authority for judicial orders of 
  restitution. CHAPTER 63OUTREACH ACTIVITIES Sec. 6301. Purpose; 
   definitions. 6302. Biennial plan. 6303. Outreach services. 6304. 
  Veterans assistance offices. 6305. Outstationing of counseling and 
  outreach personnel. 6306. Use of other agencies. 6307. Outreach for 
     eligible dependents. 6308. Biennial report to Congress. PART 
  VBOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 71BOARD OF 
     VETERANS APPEALS Sec. 7101. Composition of Board of 
 Veterans Appeals. 7101A. Members of Board: appointment; pay; 
    performance review. 7102. Assignment of members of Board. 7103. 
 Reconsideration; correction of obvious errors. 7104. Jurisdiction of 
 the Board. 7105. Filing of notice of disagreement and appeal. 7105A. 
 Simultaneously contested claims. 7106. Administrative appeals. 7107. 
  Appeals: dockets; hearings. 7108. Rejection of applications. 7109. 
  Independent medical opinions. [7110. Repealed.]. 7111. Revision of 
 decisions on grounds of clear and unmistakable error. 7112. Expedited 
  treatment of remanded claims. CHAPTER 72UNITED STATES COURT OF 
     APPEALS FOR VETERANS CLAIMS SUBCHAPTER IORGANIZATION AND 
    JURISDICTION Sec. 7251. Status. 7252. Jurisdiction; finality of 
decisions. 7253. Composition. 7254. Organization. 7255. Offices. 7256. 
     Times and places of sessions. 7257. Recall of retired judges. 
 SUBCHAPTER IIPROCEDURE Sec. 7261. 7262. 7263. 7264. 7265. 7266. 
    7267. Scope of review.Fee for filing appeals. Representation of 
  parties; fee agreements. Rules of practice and procedure. Contempt 
authority; assistance to the Court. Notice of appeal. Decisions. 7268. 
7269. Availability of proceedings. Publication of decisions. SUBCHAPTER 
  IIIMISCELLANEOUS PROVISIONS Sec. 7281. 7282. 7283. 7284. 7285. 
 7286. Employees. Budget and expenditures.Disposition of fees. Fee for 
    transcript of record. Practice and registration fees. Judicial 
  Conference of the Court. 7287. Administration. 7288. Annual report. 
   SUBCHAPTER IVDECISIONS AND REVIEW Sec. 7291. Date when Court 
decision becomes final. 7292. Review by United States Court of Appeals 
  for the Federal Circuit. SUBCHAPTER VRETIREMENT AND SURVIVORS 
 ANNUITIES Sec. 7296. 7297. Retirement of judges. Survivor annuities. 
   7298. Retirement Fund. 7299. Limitation on activities of retired 
judges. CHAPTER 73VETERANS HEALTH ADMINISTRATION -ORGANIZATION AND 
    FUNCTIONS SUBCHAPTER IORGANIZATION Sec. 7301. Functions of 
Veterans Health Administration: in general. 7302. Functions of Veterans 
  Health Administration: health-care personnel education and training 
 programs. 7303. Functions of Veterans Health Administration: research 
    programs. 7304. Regulations. 7305. Divisions of Veterans Health 
 Administration. 7306. Office of the Under Secretary for Health. 7307. 
Office of Research Oversight. 7308. Office of Rural Health. SUBCHAPTER 
    IIGENERAL AUTHORITY AND ADMINISTRATION Sec. 7311. Quality 
 assurance. 7311A. Quality management officers. 7312. Special medical 
  advisory group. 7313. Advisory committees: affiliated institutions. 
   7314. Geriatric research, education, and clinical centers. 7315. 
 Geriatrics and Gerontology Advisory Committee. 7316. Malpractice and 
 negligence suits: defense by United States. 7317. Hazardous research 
  projects: indemnification of contractors. 7318. National Center for 
 Preventive Health. 7319. Mammography quality standards. 7320. Centers 
for mental illness research, education, and clinical activities. 7321. 
Committee on Care of Severely Chronically Mentally Ill Veterans. 7321A. 
Committee on Care of Veterans with Traumatic Brain Injury. 7322. Breast 
 cancer mammography policy. 7323. Required consultations with nurses. 
   7324. Annual report on use of authorities to enhance retention of 
experienced nurses. 7325. Medical emergency preparedness centers. 7326. 
Education and training programs on medical responses to consequences of 
   terrorist activities. 7327. Centers for research, education, and 
  clinical activities on complex multi-trauma associated with combat 
injuries. 7328. Medical preparedness centers. 7329. Parkinsons 
   Disease research, education, and clinical centers. 7330. Multiple 
sclerosis centers of excellence. 7330A. Epilepsy centers of excellence. 
  SUBCHAPTER IIIPROTECTION OF PATIENT RIGHTS Sec. 7331. Informed 
   consent. 7332. Confidentiality of certain medical records. 7333. 
Nondiscrimination against alcohol and drug abusers and persons infected 
 with the human immunodeficiency virus. 7334. Regulations. SUBCHAPTER 
IVRESEARCH CORPORATIONS Sec. 7361. Authority to establish; status. 
  7362. Purpose of corporations. 7363. Board of directors; executive 
   director. 7364. General powers. [7364A. Renumbered 7365 ]. 7365. 
  Coverage of employees under certain Federal tort claims laws. 7366. 
  Accountability and oversight. [7367. Repealed.]. [7368. Repealed.]. 
  CHAPTER 74VETERANS HEALTH ADMINISTRATION -PERSONNEL SUBCHAPTER 
     IAPPOINTMENTS Sec. 7401. Appointments in Veterans Health 
  Administration. 7402. Qualifications of appointees. 7403. Period of 
appointments; promotions. 7404. Grades and pay scales. 7405. Temporary 
      full-time appointments, part-time appointments, and without-
  compensation appointments. 7406. Residencies and internships. 7407. 
Administrative provisions for section 7405 and 7406 appointments. 7408. 
Appointment of additional employees. 7409. Contracts for scarce medical 
specialist services. 7410. Additional pay authorities. 7411. Full-time 
 board-certified physicians and dentists: reimbursement of continuing 
     professional education expenses. SUBCHAPTER IICOLLECTIVE 
     BARGAINING AND PERSONNEL ADMINISTRATION Sec. 7421. Personnel 
    administration: in general. 7422. Collective bargaining. 7423. 
Personnel administration: full-time employees. 7424. Travel expenses of 
    certain employees. 7425. Employees: laws not applicable. 7426. 
 Retirement rights. SUBCHAPTER IIIPAY FOR PHYSICIANS AND DENTISTS 
    Sec. 7431. Pay. 7432. Pay of Under Secretary for Health. 7433. 
  Administrative matters. SUBCHAPTER IVPAY FOR NURSES AND OTHER 
     HEALTH-CARE PERSONNEL Sec. 7451. Nurses and other health-care 
    personnel: competitive pay. 7452. Nurses and other health-care 
 personnel: administration of pay. 7453. Nurses: additional pay. 7454. 
 Physician assistants and other health care professionals: additional 
pay. 7455. Increases in rates of basic pay. 7456. Nurses: special rules 
  for weekend duty. 7456A. Nurses: alternate work schedules. 7457. On-
  call pay. 7458. Recruitment and retention bonus pay. 7459. Nursing 
 staff: special rules for overtime duty. SUBCHAPTER VDISCIPLINARY 
 AND GRIEVANCE PROCEDURES Sec. 7461. Adverse actions: section 7401(1) 
 employees. 7462. Major adverse actions involving professional conduct 
or competence. 7463. Other adverse actions. 7464. Disciplinary Appeals 
Boards. SUBCHAPTER VIREGIONAL MEDICAL EDUCATION CENTERS Sec. 7471. 
 Designation of Regional Medical Education Centers. 7472. Supervision 
 and staffing of Centers. 7473. Personnel eligible for training. 7474. 
  Consultation. CHAPTER 75VISUAL IMPAIRMENT AND ORIENTATION AND 
   MOBILITY PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM Sec. 7501. 
 Establishment of scholarship program; purpose. 7502. Application and 
  acceptance. 7503. Amount of assistance; duration. 7504. Agreement. 
   7505. Repayment for failure to satisfy requirements of agreement. 
  CHAPTER 76HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM 
SUBCHAPTER IGENERAL Sec. 7601. Establishment of program; purpose. 
  7602. Eligibility. 7603. Application and acceptance. 7604. Terms of 
 agreement. SUBCHAPTER IISCHOLARSHIP PROGRAM Sec. 7611. Authority 
     for program. 7612. Eligibility; application; agreement. 7613. 
 Scholarship. 7614. Part-time students. 7615. Status of participants. 
 7616. Obligated service. 7617. Breach of agreement: liability. 7618. 
     Additional program requirements. 7619. Expiration of program. 
 SUBCHAPTER IIITUITION REIMBURSEMENT PROGRAM Sec. 7621. Authority 
for program. 7622. Eligibility; application; agreement. 7623. Obligated 
  service. 7624. Breach of agreement: liability. 7625. Allocation and 
distribution of funding. SUBCHAPTER IVADMINISTRATIVE MATTERS Sec. 
   7631. Periodic adjustments in amount of assistance. 7632. Annual 
    report. 7633. Regulations. 7634. Breach of agreement; waiver of 
    liability. 7635. Service in other agencies. 7636. Exemption of 
educational assistance payments from taxation. SUBCHAPTER VSTIPEND 
 PROGRAM FOR MEMBERS OF THE SELECTED RESERVE Sec. 7651. Authority for 
program. 7652. Eligibility: individuals entitled to benefits under the 
 GI Bill program for members of the Selected Reserve. 7653. Amount of 
    assistance. 7654. Obligated service. 7655. Breach of agreement; 
  liability. SUBCHAPTER VIEMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM 
 Sec. 7671. Authority for program. 7672. Eligibility; agreement. 7673. 
   Scholarship. 7674. Obligated service. 7675. Breach of agreement: 
    liability. [7676. Repealed.]. SUBCHAPTER VIIEDUCATION DEBT 
REDUCTION PROGRAM Sec. 7681. Authority for program. 7682. Eligibility. 
      7683. Education debt reduction. [7684. Repealed.]. CHAPTER 
77VETERANS BENEFITS ADMINISTRATION SUBCHAPTER IORGANIZATION; 
GENERAL Sec. 7701. Organization of the Administration. 7703. Functions 
 of the Administration. SUBCHAPTER IIQUALITY ASSURANCE Sec. 7731. 
 Establishment. 7732. Functions. 7732A. Employee certification. 7733. 
          Personnel. 7734. Annual report to Congress. CHAPTER 
    78VETERANS CANTEEN SERVICE Sec. 7801. Purpose of 
   Veterans Canteen Service. 7802. Duties of Secretary with 
  respect to Service. 7803. Operation of Service. 7804. Financing of 
Service. 7805. Revolving fund. 7806. Budget of Service. 7807. Audit of 
   accounts. 7808. Service to be independent unit. 7809. Child-care 
       centers. 7810. Exemption from personnel ceilings. CHAPTER 
  79INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM Sec. 7901. 
  Programs; purpose. 7902. Scholarship program. 7903. Education debt 
reduction program. 7904. Preferences in awarding financial assistance. 
    7905. Requirement of honorable discharge for veterans receiving 
        assistance. 7906. Regulations. 7907. Termination. PART 
        VIACQUISITION AND DISPOSITION OF PROPERTY CHAPTER 
     81ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
    FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL 
    PROPERTY SUBCHAPTER IACQUISITION AND OPERATION OF MEDICAL 
    FACILITIES Sec. 8101. Definitions. 8102. Acquisition of medical 
  facilities. 8103. Authority to construct and alter, and to acquire 
 sites for, medical facilities.8104. Congressional approval of certain 
  medical facility acquisitions. 8105. Structural requirements. 8106. 
Construction contracts. [8107. Repealed.]. 8108. Contributions to local 
   authorities. 8109. Parking facilities.8110. Operation of medical 
    facilities. 8111. Sharing of Department of Veterans Affairs and 
   Department of Defense health care resources. 8111A. Furnishing of 
  health-care services to members of the Armed Forces during a war or 
    national emergency. 8112. Partial relinquishment of legislative 
   jurisdiction. 8113. Property formerly owned by National Home for 
 Disabled Volunteer Soldiers. 8114. Use of federally owned facilities; 
 use of personnel.8115. Acceptance of certain property. 8116. Nursing 
home revolving fund. 8117. Emergency preparedness. 8118. Authority for 
transfer of real property; Department of Veterans Affairs Capital Asset 
      Fund.8119. Annual report on outpatient clinics. SUBCHAPTER 
 IIPROCUREMENT AND SUPPLY Sec. 8121. Revolving supply fund. 8122. 
   Authority to procure and dispose of property and to negotiate for 
  common services. 8123. Procurement of prosthetic appliances. 8124. 
  Grant of easements in Government-owned lands. 8125. Procurement of 
  health-care items. 8126. Limitation on prices of drugs procured by 
  Department and certain other Federal agencies. 8127. Small business 
   concerns owned and controlled by veterans: contracting goals and 
  preferences. 8128. Small business concerns owned and controlled by 
     veterans: contracting priority. SUBCHAPTER IIISTATE HOME 
FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE 
      Sec. 8131. Definitions. 8132. Declaration of purpose. 8133. 
   Authorization of appropriations. 8134. General regulations. 8135. 
   Applications with respect to projects; payments. 8136. Recapture 
   provisions. 8137. State control of operations. 8138. Treatment of 
certain health facilities as State homes. SUBCHAPTER IVSHARING OF 
MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION Sec. 8151. Statement of 
congressional purpose. 8152. Definitions. 8153. Sharing of health-care 
resources. 8154. Exchange of medical information. 8155. Pilot programs; 
  grants to medical schools. 8156. Coordination with health services 
 development activities carried out under the National Health Planning 
  and Resources Development Act of 1974. 8157. Joint title to medical 
   equipment. 8158. Deposit in escrow. SUBCHAPTER VENHANCED-USE 
  LEASES OF REAL PROPERTY Sec. 8161. Definitions. 8162. Enhanced-use 
    leases. 8163. 8164. 8165. 8166. Hearing and notice requirements 
    regarding proposed leases. Authority for disposition of leased 
 property.Use of proceeds. Construction standards. 8167. [8168. 8169. 
 Exemption from State and local taxes. Repealed.]. Expiration. CHAPTER 
82ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS TO 
  AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING 
   INSTITUTIONS Sec. 8201. Coordination with public health programs; 
 administration. SUBCHAPTER IPILOT PROGRAM FOR ASSISTANCE IN THE 
 ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS Sec. 8211. Declaration of 
  purpose. 8212. Authorization of appropriations.8213. Pilot program 
 assistance. 8214. Limitations. SUBCHAPTER IIGRANTS TO AFFILIATED 
MEDICAL SCHOOLS Sec. 8221. Declaration of purpose. 8222. Authorization 
   of appropriations. 8223. Grants. SUBCHAPTER IIIASSISTANCE TO 
  PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND 
 OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED WITH THE DEPARTMENT TO 
INCREASE THE PRODUCTION OF PROFESSIONAL AND OTHER HEALTH PERSONNEL Sec. 
     8231. Declaration of purpose. 8232. Definition. 8233. Grants. 
   SUBCHAPTER IVEXPANSION OF DEPARTMENT HOSPITAL EDUCATION AND 
 TRAINING CAPACITY Sec. 8241. Expenditures to remodel and make special 
 allocations to Department hospitals for health manpower education and 
 training. CHAPTER 83ACCEPTANCE OF GIFTS AND BEQUESTS Sec. 8301. 
     Authority to accept gifts, devises, and bequests. 8302. Legal 
  proceedings. 8303. Restricted gifts. 8304. Disposition of property. 
    8305. Savings provision. CHAPTER 85DISPOSITION OF DECEASED 
 VETERANS PERSONAL PROPERTY SUBCHAPTER IPROPERTY LEFT ON 
 DEPARTMENT FACILITY Sec. 8501. Vesting of property left by decedents. 
   8502. Disposition of unclaimed personal property. 8503. Notice of 
  provisions of this subchapter. 8504. Disposition of other unclaimed 
property. 8505. Sale or other disposition of property. 8506. Notice of 
sale. 8507. Payment of small shipping charges. 8508. Relinquishment of 
 Federal jurisdiction. 8509. Definitions. 8510. Finality of decisions. 
SUBCHAPTER IIDEATH WHILE PATIENT OF DEPARTMENT FACILITY Sec. 8520. 
 Vesting of property left by decedents. 8521. Presumption of contract 
  for disposition of personalty. 8522. Sale of assets accruing to the 
 Fund. 8523. Disbursements from the Fund. 8524. Disposal of remaining 
 assets. 8525. Court actions. 8526. Filing of claims for assets. 8527. 
   Notice of provisions of subchapter. CHAPTER 1 OF TITLE 38, UNITED 
 STATES CODE [As Amended Through P.L. 1127, Enacted March 31, 
  2011] TITLE 38VETERANS BENEFITS Part Sec. I. General 
 Provisions .......................................................... 
                       101 II. General Benefits 
............................................................. 1101 III. 
 Readjustment and Related Benefits .............................. 3001 
 IV. General Administrative Provisions ............................... 
5100 V. Boards, Administrations, and Services ......................... 
           7101 VI. Acquisition and Disposition of Property 
....................... 8101 1 PART I. GENERAL PROVISIONS Chapter Sec. 
                              1. General 
........................................................................
              .... 101 3. Department of Veterans Affairs 
.................................... 301 5. Authority and Duties of the 
         Secretary .......................... 501 7. Employees 
........................................................................
 701 9. Security and Law Enforcement on Property under the Jurisdiction 
   of the Department .................................. 901 PART II. 
 GENERAL BENEFITS 11. Compensation for Service-Connected Disability or 
                                 Death 
........................................................................
    .... 1101 13. Dependency and Indemnity Compensation for Service-
  Connected Deaths .................................................. 
 1301 15. Pension for Non-Service-Connected Disability or Death or for 
 Service .................................................... 1501 17. 
         Hospital Nursing Home, Domiciliary, and Medical Care 
........................................................................
 ...... 1701 18. Benefits for Children of Vietnam Veterans and Certain 
  Other Veterans .................................................... 
                          1801 19. Insurance 
........................................................................
               . 1901 20. Benefits for Homeless Veterans 
   ..................................... 2001 21. Specially Adapted 
    Housing for Disabled Veterans ....... 2101 23. Burial Benefits 
 ................................................................ 2301 
  24. National Cemeteries and Memorials ............................. 
  2400 PART III. READJUSTMENT AND RELATED BENEFITS 30. All-Volunteer 
      Force Eductaional Assistance Program 3001 31. Training and 
    Rehabilitation for Veterans with Service-Connected Disabilities 
 ........................................... 3100 32. Post-Vietnam Era 
    Veterans Educational Assistance .. 3201 33. Post-9/11 
  Educational Assistance .................................. 3301 34. 
               Veterans Educational Assistance 
  .................................. 3451 35. Survivors and 
 Dependents Educational Assistance ... 3500 36. Adminstration 
of Educational Benefits ......................... 3670 37. Housing and 
     Small Business Loans .............................. 3701 39. 
 Automobiles and Adaptive Equipment for Certain Disabled Veterans and 
                      Members of the Armed Forces 
........................................................................
   ... 3901 41. Job Counseling, Training, and Placement Service for 
                               Veterans 
....................................................................... 
4100 42. Employment and Training Veterans ............................. 
4211 43. Employment and Reemployment Rights of Members of the Uniformed 
   Services .......................................... 4301 PART IV. 
  GENERAL ADMINISTRATIVE PROVISIONS 51. Claims, Effective Dates, and 
Payments ........................ 5100 53. Special Provisions Relating 
to Benefits ........................ 5301 55. Minors, Incompetents, and 
Other Wards ...................... 5501 57. Records and Investigations 
   ............................................ 5701 59. Agents and 
 Attorneys ..................................................... 5901 
                  61. Penal and Forfeiture Provisions 
   .................................... 6101 63. Outreach Activities 
......................................................... 6301 PART V. 
 BOARDS, ADMINISTRATIONS, AND SERVICES 71. Board of Veterans 
 Appeals ............................................ 7101 72. United 
 States Court of Appeals for Veterans Claims 7251 73. Veterans Health 
             AdministrationOrganization and Functions 
 ..................................................................... 
 7301 74. Veterans Health AdministrationPersonnel ............... 
 7401 75. Visual Impairment and Orientation and Mobility Professionals 
Educational Assistance Program .............. 76. Health Professionals 
       Educational Assistance Program 7601 77. Veterans Benefits 
       Administration ................................. 7701 78. 
                   Veterans Canteen Service 
  ............................................. 7801 79. Information 
Security Education Assistance Program .. 7901 PART VI. ACQUISITION AND 
 DISPOSITION OF PROPERTY 81. Acquisition and Operation of Hospital and 
Domiciliary Facilities; Procurement and Supply; Enhanced-Use Leases of 
    Real Property ......................... 8101 82. Assistance in 
 Establishing new State Medical Schools; Grants to Affiliated Medical 
 Schools; Assistance to Health Manpower Training Institutions 8201 83. 
  Acceptance of Gifts and Bequest ................................... 
 8301 85. Disposition of Deceased Veterans Personal Property 
      8501 PART IGENERAL PROVISIONS Chapter Sec. 1. General 
........................................................................
              .... 101 3. Department of Veterans Affairs 
.................................... 301 5. Authority and Duties of the 
         Secretary .......................... 501 7. Employees 
........................................................................
 701 9. Security and Law Enforcement on Property Under the Jurisdiction 
of the Department ........................... 901 CHAPTER 1GENERAL 
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. 117. 
    Advance appropriations for certain medical care accounts. 118. 
     Submission of reports to Congress in electronic form. ' 101. 
     Definitions 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 veterans death, 
 and who lived with the veteran continuously from the date of marriage 
 to the date of the veterans 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 subparagraph (B) 
or (C) of section 1965(10) 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 attain5 ing 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 veterans household or was a 
 member at the time of the veterans 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 childs 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 veterans death living in the veterans 
 household and was legally adopted by the veterans surviving 
     spouse before August 26, 1961, or within two years after the 
 veterans death; however, this sentence shall not apply if at 
  the time of the veterans death, such person was receiving 
  regular contributions toward the persons support from some 
 individual other than the veteran or the veterans 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 veterans 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 persons 
 annual support from such veteran; (III) is not in the custody of such 
  persons natural parent, unless such natural parent is such 
veterans 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 veterans death and thereafter unless (I) at 
    any time within the one-year period immediately preceding such 
veterans death, such veteran was entitled to and was receiving 
a dependents allowance or similar monetary benefit under this 
title for such person; or (II) for a period of at least one year prior 
 to such veterans 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 veterans 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 
   veterans 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 Navy 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. (Pub. L. 
 85857, Sept. 2, 1958, 72 Stat. 1106; Pub. L. 86195, 
Aug. 25, 1959, 73 Stat. 424; Pub. L. 87674, Sec. 1, Sept. 19, 
 1962, 76 Stat. 558; Pub. L. 87815, Sec. 3, Oct. 15, 1962, 76 
 Stat. 927; Pub. L. 88450, Sec. 4(c), (d), Aug. 19, 1964, 78 
  Stat. 504; Pub. L. 89311, Sec. 2(c)(1), Oct. 31, 1965, 79 
 Stat. 1155; Pub. L. 89358, Sec. 4(d), Mar. 3, 1966, 80 Stat. 
24; Pub. L. 9077, title II, Sec. 201, Aug. 31, 1967, 81 Stat. 
181; Pub. L. 9124, Sec. 1(a), (b), 16, June 11, 1969, 83 Stat. 
  33, 35; Pub. L. 91262, Sec. 1, May 21, 1970, 84 Stat. 256; 
 Pub. L. 91588, Sec. 9(a), (b), Dec. 24, 1970, 84 Stat. 1584; 
  Pub. L. 91621, Sec. 6(a)(1), (2), Dec. 31, 1970, 84 Stat. 
 1864; Pub. L. 92198, Sec. 5(a), Dec. 15, 1971, 85 Stat. 664; 
  Pub. L. 92540, title IV, Sec. 407, Oct. 24, 1972, 86 Stat. 
 1092; Pub. L. 94169, title I, Sec. 101(1), Dec. 23, 1975, 89 
Stat. 1013; Pub. L. 94417, Sec. 1(b), Sept. 21, 1976, 90 Stat. 
  1277; Pub. L. 95 126, Sec. 3, Oct. 8, 1977, 91 Stat. 1108; 
Pub. L. 95202, title III, Sec. 309(a), Nov. 23, 1977, 91 Stat. 
  1446; Pub. L. 95588, title III, Sec. 301, Nov. 4, 1978, 92 
 Stat. 2506; Pub. L. 9622, title IV, Sec. 401, June 13, 1979, 
93 Stat. 62; Pub. L. 9737, Sec. 3(a), Aug. 14, 1981, 95 Stat. 
  936; Pub. L. 97295, Sec. 4(2), (95)(A), Oct. 12, 1982, 96 
 Stat. 1304, 1313; Pub. L. 97306, title I, Sec. 113(a), Oct. 
 14, 1982, 96 Stat. 1432; Pub. L. 98223, title II, Sec. 201, 
  Mar. 2, 1984, 98 Stat. 41; Pub. L. 99576, title VII, Sec. 
 702(1), Oct. 28, 1986, 100 Stat. 3301; Pub. L. 100322, title 
I, Sec. 103(a), title III, Sec. 311, May 20, 1988, 102 Stat. 493, 534; 
Pub. L. 100456, div. A, title VI, Sec. 633(c), Sept. 29, 1988, 
102 Stat. 1987; Pub. L. 101237, Sec. 2(a), Dec. 18, 1989, 103 
Stat. 2062; Pub. L. 10225, title III, Sec. 332, Apr. 6, 1991, 
105 Stat. 88; Pub. L. 10240, title IV, Sec. 402(d)(1), May 7, 
 1991, 105 Stat. 239; Pub. L. 10254, Sec. 14(a)(1), June 13, 
1991, 105 Stat. 282; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
   (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
 103446, title XII, Sec. 1201(a)(1), Nov. 2, 1994, 108 Stat. 
4682; Pub. L. 104275, title V, Sec. 505(a), Oct. 9, 1996, 110 
 Stat. 3342; Pub. L. 106419, title III, Sec. 301(a), Nov. 1, 
  2000, 114 Stat. 1852; Pub. L. 10714, 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; Pub. L. 109163, div. A, title 
       V, Sec. 515(e)(1), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 
 109444, Sec. 8(b)(1), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 
109461, title X, Secs. 1004(b)(1), 1006(b), Dec. 22, 2006, 120 
Stat. 3466, 3468; Pub. L. 110389, title IV, Sec. 402(b), Oct. 
10, 2008, 122 Stat. 4174.) ' 102. Dependent parents (a) Dependency of a 
 parent, which may arise before or after the death of a veteran, shall 
    be determined in accordance with regulations prescribed by the 
 Secretary. (b) Dependency of a parent shall not be denied (1) solely 
   because of remarriage, or (2) in any case in any State where the 
 monthly income for a mother or father does not exceed minimum levels 
which the Secretary shall prescribe by regulation, giving due regard to 
 the marital status of the mother or father and additional members of 
    the family whom the mother or father is under a moral or legal 
    obligation to support. (c) For the purposes of this section, in 
    determining monthly income the Secretary shall not consider any 
payments under laws administered by the Secretary because of disability 
  or death or payments of bonus or similar cash gratuity by any State 
based upon service in the Armed Forces. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1109; Pub. L. 89358, Sec. 4(e), (f), Mar. 3, 
1966, 80 Stat. 24; Pub. L. 92540, title IV, Sec. 408, Oct. 24, 
1972, 86 Stat. 1092; Pub. L. 94432, title IV, Sec. 402, Sept. 
   30, 1976, 90 Stat. 1372; Pub. L. 99576, title VII, Sec. 
  701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 10254, Sec. 
 14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 10283, Sec. 
 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.) ' 
  103. Special provisions relating to marriages (a) Whenever, in the 
consideration of any claim filed by a person as the widow or widower of 
a veteran for gratuitous death benefits under laws administered by the 
Secretary, it is established by evidence satisfactory to the Secretary 
 that such person, without knowledge of any legal impediment, entered 
 into a marriage with such veteran which, but for a legal impediment, 
 would have been valid, and thereafter cohabited with the veteran for 
one year or more immediately before the veterans death, or for 
any period of time if a child was born of the purported marriage or was 
  born to them before such marriage, the purported marriage shall be 
deemed to be a valid marriage, but only if no claim has been filed by a 
 legal widow or widower of such veteran who is found to be entitled to 
 such benefits. No duplicate payments shall be made by virtue of this 
subsection. (b) Where a surviving spouse has been legally married to a 
 veteran more than once, the date of original marriage will be used in 
 determining whether the statutory requirement as to date of marriage 
has been met. (c) In determining whether or not a person is or was the 
 spouse of a veteran, their marriage shall be proven as valid for the 
purposes of all laws administered by the Secretary according to the law 
 of the place where the parties resided at the time of the marriage or 
   the law of the place where the parties resided when the right to 
 benefits accrued. (d)(1) The remarriage of the surviving spouse of a 
veteran shall not bar the furnishing of benefits to such person as the 
surviving spouse of the veteran if the remarriage is void, or has been 
 annulled by a court with basic authority to render annulment decrees 
unless the Secretary determines that the annulment was secured through 
   fraud by either party or collusion. (2)(A) The remarriage of the 
surviving spouse of a veteran shall not bar the furnishing of benefits 
 specified in paragraph (5) to such person as the surviving spouse of 
 the veteran if the remarriage has been terminated by death or divorce 
 unless the Secretary determines that the divorce was secured through 
 fraud or collusion. (B) The remarriage after age 57 of the surviving 
spouse of a veteran shall not bar the furnishing of benefits specified 
in paragraph (5) to such person as the surviving spouse of the veteran. 
 Notwithstanding the previous sentence, the remarriage after age 55 of 
   the surviving spouse of a veteran shall not bar the furnishing of 
    benefits under section 1781 of this title to such person as the 
   surviving spouse of the veteran. (3) If the surviving spouse of a 
   veteran ceases living with another person and holding himself or 
 herself out openly to the public as that persons spouse, the 
  bar to granting that person benefits as the surviving spouse of the 
   veteran shall not apply in the case of the benefits specified in 
 paragraph (5). (4) The first month of eligibility for benefits for a 
  surviving spouse by reason of paragraph (2)(A) or (3) shall be the 
 month after (A) the month of the termination of such remarriage, 
in the case of a surviving spouse described in paragraph (2)(A); or (B) 
the month of the cessation described in paragraph (3), in the case of a 
surviving spouse described in that paragraph. (5) Paragraphs (2)(A) and 
 (3) apply with respect to benefits under the following provisions of 
  this title: (A) Section 1311, relating to dependency and indemnity 
compensation. (B) Section 1781, relating to medical care for survivors 
    and dependents of certain veterans. (C) Chapter 35, relating to 
educational assistance. (D) Chapter 37, relating to housing loans. (e) 
The marriage of a child of a veteran shall not bar recognition of such 
child as the child of the veteran for benefit purposes if the marriage 
is void, or has been annulled by a court with basic authority to render 
 annulment decrees unless the Secretary determines that the annulment 
   was secured through fraud by either party or collusion. (Pub. L. 
 85857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87674, 
 Sec. 2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 9077, title I, 
Sec. 101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91376, Sec. 
4, Aug. 12, 1970, 84 Stat. 789; Pub. L. 93527, Sec. 9(a), Dec. 
   21, 1974, 88 Stat. 1705; Pub. L. 99576, title VII, Sec. 
 701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 101508, title 
 VIII, Sec. 8004(a), Nov. 5, 1990, 104 Stat. 1388343; Pub. L. 
10283, Sec. 4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 
   105 Stat. 403405; Pub. L. 106117, 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. 
 107330, title I, Sec. 101(a), Dec. 6, 2002, 116 Stat. 2821; 
    Pub. L. 108183, title I, Sec. 101(a), title VII, Sec. 
  708(a)(1), Dec. 16, 2003, 117 Stat. 2652, 2673.) ' 104. Approval of 
educational institutions (a) For the purpose of determining whether or 
 not benefits are payable under this title (except chapter 35 of this 
title) for a child over the age of eighteen years and under the age of 
    twenty-three years who is attending a school, college, academy, 
    seminary, technical institute, university, or other educational 
 institution, the Secretary may approve or disapprove such educational 
    institutions. (b) The Secretary may not approve an educational 
 institution under this section unless such institution has agreed to 
report to the Secretary the termination of attendance of any child. If 
   any educational institution fails to report any such termination 
 promptly, the approval of the Secretary shall be withdrawn. (Pub. L. 
 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 9124, 
 Sec. 1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99576, title 
       VII, Sec. 701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 
   405.) ' 105. Line of duty and misconduct (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 
   veterans own misconduct when the person on whose account 
   benefits are claimed was, at the time the injury was suffered or 
disease contracted, in active military, naval, or air service, whether 
 on active duty or on authorized leave, unless such injury or disease 
was a result of the persons own willful misconduct or abuse of 
 alcohol or drugs. Venereal disease shall not be presumed to be due to 
     willful misconduct if the person in service complies with the 
regulations of the appropriate service department requiring the person 
 to report and receive treatment for such disease. (b) The requirement 
  for line of duty will not be met if it appears that at the time the 
 injury was suffered or disease contracted the person on whose account 
benefits are claimed (1) was avoiding duty by deserting the service or 
 by absenting himself or herself without leave materially interfering 
    with the performance of military duties; (2) was confined under 
    sentence of court-martial involving an unremitted dishonorable 
 discharge; or (3) was confined under sentence of a civil court for a 
  felony (as determined under the laws of the jurisdiction where the 
   person was convicted by such court). (c) For the purposes of any 
 provision relating to the extension of a delimiting period under any 
    education-benefit or rehabilitation program administered by the 
  Secretary, the disabling effects of chronic alcoholism shall not be 
      considered to be the result of willful misconduct. (Pub. L. 
 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99576, 
    title VII, Sec. 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 
100689, title I, Sec. 109, Nov. 18, 1988, 102 Stat. 4170; Pub. 
  L. 101508, title VIII, Sec. 8052(a)(1), Nov. 5, 1990, 104 
Stat. 1388 351; Pub. L. 10283, Sec. 4(a)(1), Aug. 6, 
   1991, 105 Stat. 403.) ' 106. Certain service deemed to be active 
    service (a)(1) Service as a member of the Womens Army 
Auxiliary Corps for ninety days or more by any woman who before October 
1, 1943, was honorably discharged for disability incurred or aggravated 
in line of duty which rendered her physically unfit to perform further 
      service in the Womens Army Auxiliary Corps or the 
  Womens Army Corps shall be considered active duty for the 
  purposes of all laws administered by the Secretary. (2) Any person 
entitled to compensation or pension by reason of this subsection and to 
   employees compensation based upon the same service under 
subchapter I of chapter 81 of title 5 must elect which benefit she will 
  receive. (b) Any person (1) who has applied for enlistment or 
 enrollment in the active military, naval, 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 persons local draft board and before 
  rejection; or (3) who has been called into the Federal service as a 
member of the National Guard, but has not been enrolled for the Federal 
service; and who has suffered an injury or contracted a disease in line 
of duty while en route to or from, or at, a place for final acceptance 
 or entry upon active duty, will, for the purposes of chapters 11, 13, 
   19, 21, 31, and 39 of this title, and for purposes of determining 
 service-connection of a disability under chapter 17 of this title, be 
   considered to have been on active duty and to have incurred such 
 disability in the active military, naval, 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 
 individuals home by the most direct route, and in any event 
that individual shall be deemed to have continued on active duty until 
   midnight of the date of such discharge or release. (d)(1) For the 
purposes of this title, any individual (A) who, when authorized or 
   required by competent authority, assumes an obligation to perform 
  active duty for training or inactive duty training; and (B) who is 
   disabled or dies from an injury or covered disease incurred while 
proceeding directly to or returning directly from such active duty for 
training or inactive duty training, as the case may be; shall be deemed 
to have been on active duty for training or inactive duty training, as 
    the case may be, at the time such injury or covered disease was 
  incurred. (2) In determining whether or not such individual was so 
 authorized or required to perform such duty, and whether or not such 
   individual was disabled or died from injury or covered disease so 
incurred, the Secretary shall take into account the hour on which such 
  individual began so to proceed or to return; the hour on which such 
  individual was scheduled to arrive for, or on which such individual 
   ceased to perform, such duty; the method of travel employed; the 
   itinerary; the manner in which the travel was performed; and the 
immediate cause of disability or death. (3) Whenever any claim is filed 
 alleging that the claimant is entitled to benefits by reason of this 
   subsection, the burden of proof shall be on the claimant. (4) For 
       purposes of this subsection, the term covered 
    disease means any of the following: (A) Acute 
  myocardial infarction. (B) A cardiac arrest. (C) A cerebrovascular 
accident. (e) Each person who has incurred a disability as a result of 
 an injury or disease described in subsection (b) shall be entitled to 
the same rights, privileges, and benefits under title 5 as a preference 
 eligible described in section 2108(3)(C) of title 5. (f) Service as a 
   member of the Alaska Territorial Guard during World War II of any 
individual who was honorably discharged therefrom under section 8147 of 
the Department of Defense Appropriations Act, 2001, shall be considered 
  active duty for purposes of all laws administered by the Secretary. 
    (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 
     87102, Sec. 1, July 21, 1961, 75 Stat. 219; Pub. L. 
  88616, Oct. 2, 1964, 78 Stat. 994; Pub. L. 89311, 
  Sec. 5, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 97295, Sec. 
4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99576, title VII, 
  Sec. 701(5), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, 
Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; 
  Pub. L. 106259, title VIII,Sec. 8147(a), Aug. 9, 2000, 114 
  Stat. 705; Pub. L. 106419, title III, Sec. 301(b), Nov. 1, 
 2000, 114 Stat. 1852.) ' 107. Certain service deemed not to be active 
  service (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(a)(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 
  members 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, 13 (except section 1312(a)), 23, and 24 (to the extent 
 provided for in section 2402(a)(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. (c) In the case of benefits under subchapters II and IV of 
   chapter 11 of this title and subchapter II of chapter 13 (except 
 section 1312(a)) of this title paid by reason of service described in 
 subsection (a) or (b) 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 the applicable 
   subsection 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) or (b), as 
otherwise applicable, shall not apply. (2) Paragraph (1) applies to any 
 individual whose service is described in subsection (a) and who dies 
after November 1, 2000, or whose service is described in subsection (b) 
 and who dies after the date of the enactment of the Veterans Benefits 
  Act of 2003, if the individual, on the individuals 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 individuals 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. (Pub. L. 
 85857, Sept. 2, 1958, 72 Stat. 1111; Pub. L. 87268, 
 Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89641, Sec. 
 2(a), Oct. 11, 1966, 80 Stat. 885; Pub. L.97295, Sec. 4(4), 
 Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99576, title VII, Sec. 
  701(6), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, Sec. 
      4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 
 103446, title V, Sec. 507(a), Nov. 2, 1994, 108 Stat. 4664; 
 Pub. L. 106377, Sec. 1(a)(1) [title V, Sec. 501(a)(1)], Oct. 
27, 2000, 114 Stat. 1441, 1441A-57; Pub. L. 106419, title III, 
      Secs. 331(b), 332(a), Nov. 1, 2000, 114 Stat. 1856; Pub. L. 
   10714, Sec. 8(a)(1), June 5, 2001, 115 Stat. 34; Pub. L. 
  107330, title III, Sec. 308(g)(2), Dec. 6, 2002, 116 Stat. 
2828; Pub. L. 108183, title II, Secs. 211(a), 212(a), Dec. 16, 
  2003, 117 Stat. 2657, 2658; Pub. L. 111275, title V, Sec. 
 502(d)(1), Oct. 13, 2010, 124 Stat. 2883.) ' 108. Seven-year absence 
  presumption of death (a) No State law providing for presumption of 
      death shall be applicable to claims for benefits under laws 
  administered by the Secretary. (b) If evidence satisfactory to the 
   Secretary is submitted establishing the continued and unexplained 
   absence of any individual from that individuals home and 
 family for seven or more years, and establishing that after diligent 
  search no evidence of that individuals existence after the 
  date of disappearance has been found or received, the death of such 
  individual as of the date of the expiration of such period shall be 
    considered as sufficiently proved. (c) Except in a suit brought 
 pursuant to section 1984 of this title, the finding of death made by 
 the Secretary shall be final and conclusive. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99576, title VII, Sec. 
  701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, Sec. 
       4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
  403406.) ' 109. Benefits for discharged members of allied 
 forces (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. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1112; Pub. L. 94491, Oct. 14, 1976, 90 Stat. 2363; Pub. 
  L. 99576, title VII, Sec. 701(8), Oct. 28, 1986, 100 Stat. 
 3291; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 
6, 1991, 105 Stat. 404, 405.) ' 110. Preservation of disability ratings 
 A rating of total disability or permanent total disability which has 
 been made for compensation, pension, or insurance purposes under laws 
administered by the Secretary, and which has been continuously in force 
for twenty or more years, shall not be reduced thereafter, except upon 
 a showing that such rating was based on fraud. A disability which has 
been continuously rated at or above evaluation for twenty or more years 
  for compensation purposes under laws administered by the Secretary 
shall not thereafter be rated at less than such evaluation, except upon 
  a showing that such rating was based on fraud. The mentioned period 
shall be computed from the date determined by the Secretary as the date 
      on which the status commenced for rating purposes. (Pub. L. 
 85857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87825, 
Sec. 6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88445, Sec. 1(a), 
  (b), Aug. 19, 1964, 78 Stat. 464; Pub. L. 91 32, June 23, 
   1969, 83 Stat. 38; Pub. L. 10283, Sec. 4(a)(1), (b)(1), 
 (2)(E), Aug. 6, 1991, 105 Stat. 403405.) ' 111. Payments or 
 allowances for beneficiary travel (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 (at a 
  rate of 41.5 cents per mile), 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. 
  Actual necessary expense of travel includes the reasonable costs of 
     airfare if travel by air is the only practical way to reach a 
Department facility. 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) who is not traveling by air and 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 
persons 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. (4) In determining 
   for purposes of subsection (a) whether travel by air is the only 
    practical way for a veteran to reach a Department facility, the 
 Secretary shall consider the medical condition of the veteran and any 
 other impediments to the use of ground transportation by the veteran. 
(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 
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. (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)(1) 
   Except as provided in paragraph (2), 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. (2)(A) Without regard to whether an eligible veteran entitled 
 to mileage under this section for travel to a Department facility for 
  the purpose of medical examination, treatment, or care requires an 
attendant in order to perform such travel, an attendant of such veteran 
    described in subparagraph (B) may be allowed expenses of travel 
(including lodging and subsistence) upon the same basis as such veteran 
 during (i) the period of time in which such veteran is traveling 
     to and from a Department facility for the purpose of medical 
 examination, treatment, or care; and (ii) the duration of the medical 
   examination, treatment, or care episode for such veteran. (B) An 
attendant of a veteran described in this subparagraph is a provider of 
personal care services for such veteran who is approved under paragraph 
(6) of section 1720G(a) of this title or designated under paragraph (7) 
 of such section 1720G(a). (C) The Secretary may prescribe regulations 
       to carry out this paragraph. Such regulations may include 
provisions (i) to limit the number of attendants that may receive 
     expenses of travel under this paragraph for a single medical 
  examination, treatment, or care episode of an eligible veteran; and 
(ii) to require such attendants to use certain travel services. (D) In 
            this subsection, the term eligible 
 veteran has the meaning given that term in section 
   1720G(a)(2) of this title. (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) Beginning one year after the date of 
 the enactment of the Caregivers and Veterans Omnibus Health Services 
  Act of 2010, the Secretary may adjust the mileage rate described in 
 subsection (a) to be equal to the mileage reimbursement rate for the 
  use of privately owned vehicles by Government employees on official 
business (when a Government vehicle is available), as prescribed by the 
Administrator of General Services under section 5707(b) of title 5. (2) 
 If an adjustment in the mileage rate under paragraph (1) results in a 
    lower mileage rate than the mileage rate otherwise specified in 
subsection (a), the Secretary shall, not later than 60 days before the 
 date of the implementation of the mileage rate as so adjusted, submit 
   to Congress a written report setting forth the adjustment in the 
 mileage rate under this subsection, together with a justification for 
  the decision to make the adjustment in the mileage rate under this 
 subsection. (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. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1113; Pub. L. 86590, July 5, 1960, 74 Stat. 329; Pub. L. 
     89358, Sec. 4(g), Mar. 3, 1966, 80 Stat. 24; Pub. L. 
 89455, June 18, 1966, 80 Stat. 208; Pub. L. 94581, 
       title I, Sec. 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 
 96151, title II, Sec. 201(a), Dec. 20, 1979, 93 Stat. 1093; 
 Pub. L. 97295, Sec. 4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. 
 L. 100322, title I, Sec. 108(a), (b)(1), (c)(e)(1), 
 May 20, 1988, 102 Stat. 496498; Pub. L. 10283, Sec. 
  4(a)(3), (4), (6), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 103446, title XII, Sec. 1201(e)(1), 
 Nov. 2, 1994, 108 Stat. 4685; Pub. L. 110387, title IV, Sec. 
401(a)(1), (b), Oct. 10, 2008, 122 Stat. 4122; Pub. L. 111163, 
title I, Sec. 104, title III, Sec. 305(a)(d), May 5, 2010, 124 
   Stat. 1140, 1151, 1152.) ' 112. Presidential memorial certificate 
program (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 
countrys grateful recognition of the veterans service 
    in the Armed Forces. The award of a certificate to one eligible 
 recipient will not preclude authorization of another certificate if a 
  request is received from some other eligible recipient. (b) For the 
            purpose of this section an eligible 
recipient means the next of kin, a relative or friend 
upon request, or an authorized service representative acting on behalf 
  of such relative or friend. (c) A certificate may not be furnished 
 under the program under subsection (a) on behalf of a deceased person 
      described in section 2411(b) of this title. (Added Pub. L. 
8988, 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. 107330, title II, Sec. 201(a), Dec. 6, 2002, 116 
 Stat. 2823.) ' 113. Treatment of certain programs under sequestration 
      procedures (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) of such Act) for any of the programs listed in 
subsection (a) of this section. (e) This section applies without regard 
to any other provision of law (whether enacted before, on, or after the 
   date of the enactment of this section) unless such Act expressly 
 provides that it is enacted as a limitation to this section. (f) For 
              the purposes of this section: (1) The term 
   sequestration means a reduction in 
spending authority and loan guarantee commitments generally throughout 
the Government under the Balanced Budget and Emergency Deficit Control 
   Act of 1985 (2 U.S.C. 901 et seq.) or any other law. (2) The term 
  sequestration law means a law enacted 
with respect to a sequestration under the Balanced Budget and Emergency 
  Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law 
(under the procedures specified in that Act or otherwise). (3) The term 
sequestration order means an order of the 
       President issued under part C of such Act. (Added Pub. L. 
  99576, title VI, Sec. 601(a)(1), Oct. 28, 1986, 100 Stat. 
 3287; amended Pub. L. 100198, 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. 10240, title IV, Sec. 
  402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 10283, Sec. 
  4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 
Stat. 403406.) ' 114. Multiyear procurement (a) The Secretary 
may enter into a multiyear contract for the procurement of supplies or 
 services if the Secretary makes each of the following determinations: 
(1) Appropriations are available for obligations that are necessary for 
 total payments that would be required during the fiscal year in which 
    the contract is entered into, plus the estimated amount of any 
cancellation charge payable under the contract. (2) The contract is in 
the best interest of the United States by reason of the effect that use 
 of a multiyear, rather than one-year, contract would have in (A) 
 reducing costs; (B) achieving economies in contract administration or 
     in any other Department activities; (C) increasing quality of 
  performance by or service from the contractors; or (D) encouraging 
effective competition. (3) During the proposed contract period (A) 
   there will be a continuing or recurring need for the supplies or 
 services being procured; (B) there is not a substantial likelihood of 
substantial changes in the need for such supplies or services in terms 
 of the total quantity of such supplies or services or of the rate of 
 delivery of such supplies or services; and (C) the specifications for 
the supplies or services are expected to be reasonably stable. (4) The 
   risks relating to the prospective contractors ability to 
 perform in accordance with the specifications and other terms of the 
 contract are not excessive. (5) The use of a multiyear contract will 
not inhibit small business concerns in competing for the contract. (6) 
  In the case of the procurement of a pharmaceutical item for which a 
 patent has expired less than four years before the date on which the 
 solicitation of offers is issued, there is no substantial likelihood 
  that increased competition among potential contractors would occur 
 during the term of the contract as the result of the availability of 
generic equivalents increasing during the term of the contract. (b)(1) 
A multiyear contract authorized by this section shall contain (A) 
a provision that the obligation of the United States under the contract 
during any fiscal year which is included in the contract period and is 
subsequent to the fiscal year during which the contract is entered into 
  is contingent on the availability of sufficient appropriations (as 
   determined by the Secretary pursuant to paragraph (2)(A) of this 
       subsection) if, at the time the contract is entered into, 
appropriations are not available to cover the total estimated payments 
  that will be required during the full term of the contract; and (B) 
   notwithstanding section 1502(a) of title 31, a provision for the 
payment of reasonable cancellation charges to compensate the contractor 
  for nonrecurring, unrecovered costs, if any, if the performance is 
  cancelled pursuant to the provision required by subparagraph (A) of 
 this paragraph. (2)(A) If, during a fiscal year after the fiscal year 
 during which a multiyear contract is entered into under this section, 
the Secretary determines that, in light of other funding needs involved 
     in the operation of Department programs, the amount of funds 
appropriated for such subsequent fiscal year is not sufficient for such 
  contract, the Secretary shall cancel such contract pursuant to the 
    provisions required by paragraph (1)(A) of this subsection. (B) 
Cancellation charges under a multiyear contract shall be paid from the 
 appropriated funds which were originally available for performance of 
the contract or the payment of cancellation costs unless such funds are 
 not available in an amount sufficient to pay the entire amount of the 
  cancellation charges payable under the contract. In a case in which 
 such funds are not available in such amount, funds available for the 
 procurement of supplies and services for use for the same purposes as 
 the supplies or services procured through such contract shall be used 
 to the extent necessary to pay such cost. (c) Nothing in this section 
 shall be construed so as to restrict the Secretarys exercise 
 of the right to terminate for convenience a contract under any other 
   provision of law which authorizes multiyear contracting. (d) The 
 Secretary shall prescribe regulations for the implementation of this 
      section. (e) For the purposes of this section: (1) The term 
appropriations has the meaning given that 
 term in section 1511 of title 31. (2) The term multiyear 
 contract means a contract which by its terms is to 
   remain in effect for a period which extends beyond the end of the 
 fiscal year during which the contract is entered into but not beyond 
the end of the fourth fiscal year following such fiscal year. Such term 
  does not include a contract for construction or for a lease of real 
     property. (3) The term nonrecurring, unrecovered 
 costs means those costs reasonably incurred by the 
  contractor in performing a multiyear contract which (as determined 
under regulations prescribed under subsection (d) of this section) are 
generally incurred on a one-time basis. (Added Pub. L. 100322, 
  title IV, Sec. 404(a), May 20, 1988, 102 Stat. 545; amended Pub. L. 
  101237, title VI, Sec. 601(a), (b)(1), Dec. 18, 1989, 103 
Stat. 2094; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 
Aug. 6, 1991, 105 Stat. 404, 405.) ' 115. Acquisition of real property 
For the purposes of sections 314, 315, 316, and 2406 of this title and 
subchapter I of chapter 81 of this title, the Secretary may acquire and 
  use real property (1) before title to the property is approved 
 under section 3111 of title 40; and (2) even though the property will 
  be held in other than a fee simple interest in a case in which the 
Secretary determines that the interest to be acquired is sufficient for 
the purposes of the intended use. (Added Pub. L. 10286, title 
    IV, Sec. 402(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 
  10283, Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 103446, title XII, Sec. 1201(d)(1), Nov. 2, 1994, 108 Stat. 
 4684; Pub. L. 107217, Sec. 3(j)(1), Aug. 21, 2002, 116 Stat. 
   1300.) ' 116. Reports to Congress: cost information Whenever the 
 Secretary submits to Congress, or any committee of Congress, a report 
   that is required by law or by a joint explanatory statement of a 
 committee of conference of the Congress, the Secretary shall include 
   with the report (1) a statement of the cost of preparing the 
    report; and (2) a brief explanation of the methodology used in 
 preparing that cost statement. (Added Pub. L. 106419, title 
 IV, Sec. 403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.) ' 117. Advance 
        appropriations for certain medical care accounts (a) IN 
  GENERAL.For each fiscal year, beginning with fiscal year 2011, 
 discretionary new budget authority provided in an appropriations Act 
for the medical care accounts of the Department shall (1) be made 
available for that fiscal year; and (2) include, for each such account, 
advance discretionary new budget authority that first becomes available 
    for the first fiscal year after the budget year. (b) ESTIMATES 
  REQUIRED.The Secretary shall include in documents submitted to 
    Congress in support of the Presidents budget submitted 
  pursuant to section 1105 of title 31, United States Code, detailed 
 estimates of the funds necessary for the medical care accounts of the 
Department for the fiscal year following the fiscal year for which the 
  budget is submitted. (c) MEDICAL CARE ACCOUNTS.For purposes of 
    this section, the term medical care accounts of the 
Department means the following medical care accounts 
 of the Veterans Health Administration, Department of Veterans Affairs 
account: (1) Medical Services. (2) Medical Support and Compliance. (3) 
 Medical Facilities. (d) ANNUAL REPORT.Not later than July 31 of 
 each year, the Secretary shall submit to Congress an annual report on 
  the sufficiency of the Departments resources for the next 
fiscal year beginning after the date of the submittal of the report for 
the provision of medical care. Such report shall also include estimates 
 of the workload and demand data for that fiscal year. (Added Pub. L. 
   11181, Sec. 3(a), Oct. 22, 2009, 123 Stat. 2137.) ' 118. 
      Submission of reports to Congress in electronic form (a) IN 
   GENERAL.Whenever the Secretary or any other official of the 
 Department is required by law to submit to Congress (or any committee 
    of either chamber of Congress) a report, the Secretary or other 
  official shall submit to Congress (or such committee) a copy of the 
report in an electronic format. (b) TREATMENT.The submission of a 
 copy of a report in accordance with this section shall be treated as 
 meeting any requirement of law to submit such report to Congress (or 
       any committee of either chamber of Congress). (c) REPORT 
          DEFINED.For purposes of this section, the term 
   report includes any certification, 
    notification, or other communication in writing. (Added Pub. L. 
 111163, title X, Sec. 1003(a), May 5, 2010, 124 Stat. 1182.) 
  CHAPTER 3 OF TITLE 38, UNITED STATES CODE [As Amended Through P.L. 
1127, Enacted March 31, 2011] xTITLE 38VETERANS 
   BENEFITS xPART IGENERAL PROVISIONS CHAPTER 
 3DEPARTMENT OF VETERANS AFFAIRS Sec. 301. Department. 302. Seal. 
 303. Secretary of Veterans Affairs. 304. Deputy Secretary of Veterans 
  Affairs. 305. Under Secretary for Health. 306. Under Secretary for 
  Benefits. 307. Under Secretary for Memorial Affairs. 308. Assistant 
    Secretaries; Deputy Assistant Secretaries. 309. Chief Financial 
  Officer. 310. Chief Information Officer. 311. General Counsel. 312. 
   Inspector General. 312A. Director of Construction and Facilities 
 Management. 313. Availability of appropriations. 314. Central Office. 
315. Regional offices. 316. Colocation of regional offices and medical 
   centers. 317. Center for Minority Veterans. 318. Center for Women 
     Veterans. 319. Office of Employment Discrimination Complaint 
Adjudication. 320. Department of Veterans Affairs-Department of Defense 
 Joint Executive Committee. 321. Office of Survivors Assistance. 322. 
Office of National Veterans Sports Programs and Special Events. ' 301. 
   Department (a) The Department of Veterans Affairs is an executive 
 department of the United States. (b) The purpose of the Department is 
    to administer the laws providing benefits and other services to 
veterans and the dependents and the beneficiaries of veterans. (c) The 
    Department is composed of the following: (1) The Office of the 
  Secretary. (2) The Veterans Health Administration. (3) The Veterans 
Benefits Administration. (4) The National Cemetery Administration. (5) 
   The Board of Veterans Appeals. (6) The Veterans 
  Canteen Service. (7) The Board of Contract Appeals. (8) Such other 
offices and agencies as are established or designated by law or by the 
 President or the Secretary. (9) Any office, agency, or activity under 
   the control or supervision of any element named in paragraphs (1) 
 through (8). (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 
    105 Stat. 378; amended Pub. L. 105 368, title IV, Sec. 
   403(a)(2), Nov. 11, 1998, 112 Stat. 3338.) 31 ' 302. Seal (a) The 
 Secretary of Veterans Affairs shall cause a seal of office to be made 
   for the Department of such device as the President shall approve. 
 Judicial notice shall be taken of the seal. (b) Copies of any public 
    document, record, or paper belonging to or in the files of the 
    Department, when authenticated by the seal and certified by the 
   Secretary (or by an officer or employee of the Department to whom 
  authority has been delegated in writing by the Secretary), shall be 
       evidence equal with the original thereof. (Added Pub. L. 
    10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.) ' 303. 
Secretary of Veterans Affairs There is a Secretary of Veterans Affairs, 
who is the head of the Department and is appointed by the President, by 
    and with the advice and consent of the Senate. The Secretary is 
  responsible for the proper execution and administration of all laws 
  administered by the Department and for the control, direction, and 
management of the Department. (Added Pub. L. 10283, Sec. 2(a), 
   Aug. 6, 1991, 105 Stat. 379.) ' 304. Deputy Secretary of Veterans 
   Affairs There is in the Department a Deputy Secretary of Veterans 
Affairs, who is appointed by the President, by and with the advice and 
    consent of the Senate. The Deputy Secretary shall perform such 
   functions as the Secretary shall prescribe. Unless the President 
  designates another officer of the Government, the Deputy Secretary 
  shall be Acting Secretary of Veterans Affairs during the absence or 
disability of the Secretary or in the event of a vacancy in the office 
 of Secretary. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 
 105 Stat. 379.) ' 305. Under Secretary for Health (a)(1) There is in 
 the Department an Under Secretary for Health, who is appointed by the 
 President, by and with the advice and consent of the Senate. (2) The 
    Under Secretary for Health shall be appointed without regard to 
 political affiliation or activity and solely (A) on the basis of 
    demonstrated ability in the medical profession, in health-care 
    administration and policy formulation, or in health-care fiscal 
     management; and (B) on the basis of substantial experience in 
 connection with the programs of the Veterans Health Administration or 
  programs of similar content and scope. (b) The Under Secretary for 
Health is the head of, and is directly responsible to the Secretary for 
the operation of, the Veterans Health Administration. (c)(1) Whenever a 
  vacancy in the position of Under Secretary for Health occurs or is 
 anticipated, the Secretary shall establish a commission to recommend 
  individuals to the President for appointment to the position. (2) A 
 commission established under this subsection shall be composed of the 
    following members appointed by the Secretary: (A) Three persons 
     representing clinical care and medical research and education 
  activities affected by the Veterans Health Administration. (B) Two 
      persons representing veterans served by the Veterans Health 
 Administration. (C) Two persons who have experience in the management 
   of veterans health services and research programs, or programs of 
    similar content and scope. (D) The Deputy Secretary of Veterans 
    Affairs. (E) The Chairman of the Special Medical Advisory Group 
 established under section 7312 of this title. (F) One person who has 
 held the position of Under Secretary for Health (including service as 
Chief Medical Director of the Veterans Administration), if the 
   Secretary determines that it is desirable for such person to be a 
   member of the commission. (3) A commission established under this 
 subsection shall recommend at least three individuals for appointment 
  to the position of Under Secretary for Health. The commission shall 
   submit all recommendations to the Secretary. The Secretary shall 
  forward the recommendations to the President with any comments the 
Secretary considers appropriate. Thereafter, the President may request 
the commission to recommend additional individuals for appointment. (4) 
   The Assistant Secretary or Deputy Assistant Secretary of Veterans 
Affairs who performs personnel management and labor relations functions 
  shall serve as the executive secretary of a commission established 
under this subsection. (Added and amended Pub. L. 10283, Sec. 
     2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404; Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1984; Pub. L. 103446, title XII, Sec. 1201(c)(1), (e)(2), Nov. 
 2, 1994, 108 Stat. 4683, 4685; Pub. L. 108422, title V, Sec. 
503, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109461, title II, 
Sec. 210(a), Dec. 22, 2006, 120 Stat. 3418.) ' 306. Under Secretary for 
    Benefits (a) There is in the Department an Under Secretary for 
Benefits, who is appointed by the President, by and with the advice and 
   consent of the Senate. The Under Secretary for Benefits shall be 
   appointed without regard to political affiliation or activity and 
    solely on the basis of demonstrated ability in (1) fiscal 
management; and (2) the administration of programs within the Veterans 
 Benefits Administration or programs of similar content and scope. (b) 
   The Under Secretary for Benefits is the head of, and is directly 
   responsible to the Secretary for the operations of, the Veterans 
 Benefits Administration. (c)(1) Whenever a vacancy in the position of 
 Under Secretary for Benefits occurs or is anticipated, the Secretary 
shall establish a commission to recommend individuals to the President 
  for appointment to the position. (2) A commission established under 
this subsection shall be composed of the following members appointed by 
 the Secretary: (A) Three persons representing education and training, 
  real estate, mortgage finance, and related industries, and survivor 
 benefits activities affected by the Veterans Benefits Administration. 
 (B) Two persons representing veterans served by the Veterans Benefits 
 Administration. (C) Two persons who have experience in the management 
of veterans benefits programs or programs of similar content and scope. 
 (D) The Deputy Secretary of Veterans Affairs. (E) The chairman of the 
Veterans Advisory Committee on Education formed under section 
 3692 of this title. (F) One person who has held the position of Under 
Secretary for Benefits (including service as Chief Benefits Director of 
the Veterans Administration), if the Secretary determines that 
it is desirable for such person to be a member of the commission. (3) A 
 commission established under this subsection shall recommend at least 
 three individuals for appointment to the position of Under Secretary 
 for Benefits. The commission shall submit all recommendations to the 
   Secretary. The Secretary shall forward the recommendations to the 
   President with any comments the Secretary considers appropriate. 
   Thereafter, the President may request the commission to recommend 
additional individuals for appointment. (4) The Assistant Secretary or 
 Deputy Assistant Secretary of Veterans Affairs who performs personnel 
 management and labor relations functions shall serve as the executive 
secretary of a commission established under this subsection. (Added and 
amended Pub. L. 10283, Sec. 2(a), 4(a)(3), (4), Aug. 6, 1991, 
105 Stat. 380, 404; Pub. L. 102405, title III, Sec. 302(c)(1), 
Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103446, title XII, Sec. 
    1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 
109461, title II, Sec. 210(b), Dec. 22, 2006, 120 Stat. 3418.) 
' 307. Under Secretary for Memorial Affairs There is in the Department 
   an Under Secretary for Memorial Affairs, who is appointed by the 
President, by and with the advice and consent of the Senate. The Under 
   Secretary is the head of the National Cemetery Administration as 
   established in section 2400 of this title and shall perform such 
     functions as may be assigned by the Secretary. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 
 105 368, title IV, Sec. 403(a)(3), (c)(1)(A), Nov. 11, 1998, 
    112 Stat. 3338.) ' 308. Assistant Secretaries; Deputy Assistant 
 Secretaries (a) There shall be in the Department not more than seven 
 Assistant Secretaries. Each Assistant Secretary shall be appointed by 
 the President, by and with the advice and consent of the Senate. (b) 
The Secretary shall assign to the Assistant Secretaries responsibility 
 for the administration of such functions and duties as the Secretary 
considers appropriate, including the following functions: (1) Budgetary 
 and financial functions. (2) Personnel management and labor relations 
  functions. (3) Planning, studies, and evaluations. (4) Management, 
     productivity, and logistic support functions. (5) Information 
   management functions as required by section 3506 of title 44. (6) 
   Capital facilities and real property program functions. (7) Equal 
  opportunity functions. (8) Functions regarding the investigation of 
  complaints of employment discrimination within the Department. (9) 
Functions regarding intergovernmental, public, and consumer information 
and affairs. (10) Procurement functions. (11) Operations, preparedness, 
  security, and law enforcement functions. (c) Whenever the President 
nominates an individual for appointment as an Assistant Secretary, the 
   President shall include in the communication to the Senate of the 
 nomination a statement of the particular functions of the Department 
specified in subsection (b), and any other functions of the Department, 
the individual will exercise upon taking office. (d)(1) There shall be 
  in the Department such number of Deputy Assistant Secretaries, not 
  exceeding 19, as the Secretary may determine. Each Deputy Assistant 
 Secretary shall be appointed by the Secretary and shall perform such 
 functions as the Secretary prescribes. (2) At least two-thirds of the 
number of positions established and filled under paragraph (1) shall be 
   filled by individuals who have at least five years of continuous 
     service in the Federal civil service in the executive branch 
     immediately preceding their appointment as a Deputy Assistant 
 Secretary. For purposes of determining such continuous service of an 
individual, there shall be excluded any service by such individual in a 
position (A) of a confidential, policy-determining, policy-making, 
or policy-advocating character; (B) in which such individual served as 
a noncareer appointee in the Senior Executive Service, as such term is 
    defined in section 3132(a)(7) of title 5; or (C) to which such 
       individual was appointed by the President. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 
107 287, Sec. 5(a)(c), Nov. 7, 2002, 116 Stat. 2030.) 
   ' 309. Chief Financial Officer The Secretary shall designate the 
  Assistant Secretary whose functions include budgetary and financial 
 functions as the Chief Financial Officer of the Department. The Chief 
Financial Officer shall advise the Secretary on financial management of 
   the Department and shall exercise the authority and carry out the 
    functions specified in section 902 of title 31. (Added Pub. L. 
 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 382.) ' 310. Chief 
     Information Officer (a) The Chief Information Officer for the 
 Department is designated pursuant to section 3506(a)(2) of title 44. 
  (b) The Chief Information Officer performs the duties provided for 
 chief information officers of executive agencies under chapter 35 of 
 title 44 and subtitle III of title 40. (Added Pub. L. 10283, 
 Sec. 2(a), Aug. 6, 1991, 105 Stat. 382; Pub. L. 104106, div. 
    E, title LVI, Sec. 5604, Feb. 10, 1996, 110 Stat. 700; Pub. L. 
    104208, div. A, title I, Sec. 101(f) [title VIII, Sec. 
     808(c)], Sept. 30, 1996, 110 Stat. 3009394; Pub. L. 
 10585, div. A, title X, Sec. 1073(h)(3), Nov. 18, 1997, 111 
Stat. 1907; Pub. L. 107 217, Sec. 3(j)(2), Aug. 21, 2002, 116 
  Stat. 1300.) ' 311. General Counsel There is in the Department the 
  Office of the General Counsel. There is at the head of the office a 
  General Counsel, who is appointed by the President, by and with the 
  advice and consent of the Senate. The General Counsel is the chief 
 legal officer of the Department and provides legal assistance to the 
   Secretary concerning the programs and policies of the Department. 
(Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383.) 
 ' 312. Inspector General (a) There is in the Department an Inspector 
General, who is appointed by the President, by and with the advice and 
consent of the Senate, as provided in the Inspector General Act of 1978 
(5 U.S.C. App.). The Inspector General performs the functions, has the 
   responsibilities, and exercises the powers specified in that Act. 
   (b)(1) The Secretary shall provide for not less than 40 full-time 
positions in the Office of Inspector General in addition to the number 
 of such positions in that office on March 15, 1989. (2) The President 
shall include in the budget transmitted to the Congress for each fiscal 
year pursuant to section 1105 of title 31 an estimate of the amount for 
  the Office of Inspector General that is sufficient to provide for a 
number of full-time positions in that office that is not less than the 
 number of full-time positions in that office on March 15, 1989, plus 
 40. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 
  383; amended Pub. L. 103 446, title XII, Sec. 1201(e)(3), 
   (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687.) ' 312A. Director of 
Construction and Facilities Management (a) IN GENERAL.(1) There is 
in the Department a Director of Construction and Facilities Management, 
 who shall be appointed by the Secretary. (2) The position of Director 
    of Construction and Facilities Management is a career reserved 
position, as such term is defined in section 3132(a)(8) of title 5. (3) 
 The Director shall provide direct support to the Secretary in matters 
 covered by the responsibilities of the Director under subsection (c). 
(4) The Director shall report to the Deputy Secretary in the discharge 
   of the responsibilities of the Director under subsection (c). (b) 
     QUALIFICATIONS.Each individual appointed as Director of 
Construction and Facilities Management shall be an individual who 
(1) holds an undergraduate or masters degree in architectural 
design or engineering; and (2) has substantive professional experience 
          in the area of construction project management. (c) 
 RESPONSIBILITIES.(1) The Director of Construction and Facilities 
 Management shall (A) be responsible for overseeing and managing 
  the planning, design, construction, and operation of facilities and 
      infrastructure of the Department, including major and minor 
  construction projects; and (B) perform such other functions as the 
   Secretary shall prescribe. (2) In carrying out the oversight and 
      management of construction and operation of facilities and 
 infrastructure under this section, the Director shall be responsible 
  for the following: (A) Development and updating of short-range and 
  long-range strategic capital investment strategies and plans of the 
 Department. (B) Planning, design, and construction of facilities for 
  the Department, including determining architectural and engineering 
requirements and ensuring compliance of the Department with applicable 
   laws relating to the construction program of the Department. (C) 
Management of the short-term and long-term leasing of real property by 
    the Department. (D) Repair and maintenance of facilities of the 
   Department, including custodial services, building management and 
administration, and maintenance of roads, grounds, and infrastructure. 
(E) Management of procurement and acquisition processes relating to the 
 construction and operation of facilities of the Department, including 
the award of contracts related to design, construction, furnishing, and 
  supplies and equipment. (Added Pub. L. 109461, title VIII, 
  Sec. 811(a), Dec. 22, 2006, 120 Stat. 3446.) ' 313. Availability of 
  appropriations (a) Funds appropriated to the Department may remain 
available until expended. (b) Funds appropriated to the Department may 
not be used for a settlement of more than $1,000,000 on a construction 
contract unless (1) the settlement is audited by an entity outside 
the Department for reasonableness and appropriateness of expenditures; 
and (2) the settlement is provided for specifically in an appropriation 
law. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 
383.) ' 314. Central Office The Central Office of the Department shall 
  be in the District of Columbia. (Added Pub. L. 10283, Sec. 
  2(a), Aug. 6, 1991, 105 Stat. 383.) ' 315. Regional offices (a) The 
  Secretary may establish such regional offices and such other field 
 offices within the United States, its Territories, Commonwealths, and 
 possessions, as the Secretary considers necessary. (b) The Secretary 
may maintain a regional office in the Republic of the Philippines until 
 December 31, 2011. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 
 1991, 105 Stat. 384; amended Pub. L. 102 291, Sec. 1(a), May 
 20, 1992, 106 Stat. 178; Pub. L. 103210, Sec. 2(c), Dec. 20, 
1993, 107 Stat. 2497; Pub. L. 103446, title V, Sec. 502, Nov. 
2, 1994, 108 Stat. 4663; Pub. L. 106117, title VIII, Sec. 802, 
Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108183, title II, Sec. 
 213, Dec. 16, 2003, 117 Stat. 2658; Pub. L. 111117, div. E, 
      title II, Sec. 228, Dec. 16, 2009, 123 Stat. 3307; Pub. L. 
  111275, title VIII, Sec. 807(a), Oct. 13, 2010, 124 Stat. 
2893.) ' 316. Colocation of regional offices and medical centers (a) To 
 provide for a more economical, efficient, and effective operation of 
 such regional offices, the Secretary shall provide for the colocation 
    of at least three regional offices with medical centers of the 
  Department (1) on real property under the jurisdiction of the 
Department of Veterans Affairs at such medical centers; or (2) on real 
  property that is adjacent to such a medical center and is under the 
  jurisdiction of the Department as a result of being conveyed to the 
 United States for the purpose of such colocation. (b)(1) In carrying 
 out this section and notwithstanding any other provision of law, the 
 Secretary may lease, with or without compensation and for a period of 
    not to exceed 35 years, to another party at not more than seven 
locations any of the real property described in paragraph (1) or (2) of 
 subsection (a). (2) Such real property shall be used as the site of a 
  facility (A) constructed and owned by the lessee of such real 
property; and (B) leased under subsection (c)(1) to the Department for 
  such use and such other activities as the Secretary determines are 
appropriate. (c)(1) The Secretary may enter into a lease for the use of 
any facility described in subsection (b)(2) for not more than 35 years 
under such terms and conditions as may be in the best interests of the 
Department. (2) Each agreement for such a lease shall provide (A) 
  that the obligation of the United States to make payments under the 
  agreement is subject to the availability of appropriations for that 
 purpose; and (B) that the ownership of the facility shall vest in the 
   United States at the end of such lease. (d)(1) The Secretary may 
 sublease any space in such a facility to another party at a rate not 
less than (A) the rental rate paid by the Secretary for such space 
 under subsection (c); plus (B) the amount the Secretary pays for the 
costs of administering such facility (including operation, maintenance, 
   utility, and rehabilitation costs) which are attributable to such 
space. (2) In any such sublease, the Secretary shall include such terms 
   relating to default and nonperformance as the Secretary considers 
  appropriate to protect the interests of the United States. (e) The 
 Secretary shall use the receipts of any payment for the lease of real 
    property under subsection (b) for the payment of the lease of a 
facility under subsection (c). (f)(1) Subject to paragraph (3)(A), the 
Secretary shall, not later than April 18, 1990, issue an invitation for 
 offers with respect to three colocations to be carried out under this 
   section. The invitation shall include, with respect to each such 
 colocation, at least the following: (A) Identification of the site to 
be developed. (B) Minimum office space requirements for regional office 
activities. (C) Design criteria of the facility to be constructed. (D) 
A plan for meeting the security and parking needs for the facility and 
 its occupants and visitors. (E) A statement of current and projected 
rents and other costs for regional office activities. (F) The estimated 
 cost of construction of the facility concerned, the estimated annual 
 cost of leasing space for regional office activities in the facility, 
   and the estimated total annual cost of leasing all space in such 
facility. (G) A plan for securing appropriate licenses, easements, and 
  rights-of-way. (H) A list of terms and conditions the Secretary has 
    approved for inclusion in the lease agreement for the facility 
 concerned. (2) Subject to paragraph (3)(B), the Secretary shall 
 (A) not later than one year after the date on which the invitation is 
 issued under paragraph (1), enter into an agreement to carry out one 
    colocation under this subsection; and (B) within 180 days after 
entering into the agreement referred to in subparagraph (A), enter into 
    agreements to carry out two additional colocations, unless the 
   Secretary determines that it is not economically feasible for the 
  Department to undertake them, taking into consideration all of the 
tangible and intangible benefits associated with such colocations. (3) 
 The Secretary shall (A) at least 10 days before the issuance or 
   other publication of the invitation referred to in paragraph (1), 
submit a copy of the invitation to the Committees on Veterans 
Affairs of the Senate and House of Representatives; and (B) at least 30 
 days before entering into an agreement under paragraph (2), submit a 
 copy to the Committees on Veterans Affairs of the Senate and 
  House of Representatives of the proposals selected by the Secretary 
    from those received in response to the invitation issued under 
paragraph (1). (g) The authority to enter into an agreement under this 
      section shall expire on September 30, 1992. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 384.) ' 317. Center 
   for Minority Veterans (a) There is in the Department a Center for 
 Minority Veterans. There is at the head of the Center a Director. (b) 
  The Director shall be a career or noncareer appointee in the Senior 
 Executive Service. The Director shall be appointed for a term of six 
years. (c) The Director reports directly to the Secretary or the Deputy 
  Secretary concerning the activities of the Center. (d) The Director 
shall perform the following functions with respect to veterans who are 
  minorities: (1) Serve as principal adviser to the Secretary on the 
adoption and implementation of policies and programs affecting veterans 
  who are minorities. (2) Make recommendations to the Secretary, the 
Under Secretary for Health, the Under Secretary for Benefits, and other 
 Department officials for the establishment or improvement of programs 
 in the Department for which veterans who are minorities are eligible. 
 (3) Promote the use of benefits authorized by this title by veterans 
 who are minorities and the conduct of outreach activities to veterans 
who are minorities, in conjunction with outreach activities carried out 
 under chapter 77 of this title. (4) Disseminate information and serve 
    as a resource center for the exchange of information regarding 
innovative and successful programs which improve the services available 
  to veterans who are minorities. (5) Conduct and sponsor appropriate 
   social and demographic research on the needs of veterans who are 
minorities and the extent to which programs authorized under this title 
meet the needs of those veterans, without regard to any law concerning 
the collection of information from the public. (6) Analyze and evaluate 
 complaints made by or on behalf of veterans who are minorities about 
the adequacy and timeliness of services provided by the Department and 
  advise the appropriate official of the Department of the results of 
 such analysis or evaluation. (7) Consult with, and provide assistance 
 and information to, officials responsible for administering Federal, 
 State, local, and private programs that assist veterans, to encourage 
   those officials to adopt policies which promote the use of those 
programs by veterans who are minorities. (8) Advise the Secretary when 
laws or policies have the effect of discouraging the use of benefits by 
   veterans who are minorities. (9) Publicize the results of medical 
   research which are of particular significance to veterans who are 
 minorities. (10) Advise the Secretary and other appropriate officials 
on the effectiveness of the Departments efforts to accomplish 
 the goals of section 492B of the Public Health Service Act (42 U.S.C. 
    289a-2) with respect to the inclusion of minorities in clinical 
 research and on particular health conditions affecting the health of 
   members of minority groups which should be studied as part of the 
 Departments medical research program and promote cooperation 
   between the Department and other sponsors of medical research of 
potential benefit to veterans who are minorities. (11) Provide support 
   and administrative services to the Advisory Committee on Minority 
  Veterans provided for under section 544 of this title. (12) Perform 
 such other duties consistent with this section as the Secretary shall 
    prescribe. (e) The Secretary shall ensure that the Director is 
furnished sufficient resources to enable the Director to carry out the 
  functions of the Center in a timely manner. (f) The Secretary shall 
include in documents submitted to Congress by the Secretary in support 
    of the Presidents budget for each fiscal year (1) 
      detailed information on the budget for the Center; (2) the 
Secretarys opinion as to whether the resources (including the 
 number of employees) proposed in the budget for that fiscal year are 
    adequate to enable the Center to comply with its statutory and 
 regulatory duties; and (3) a report on the activities and significant 
accomplishments of the Center during the preceding fiscal year. (g) In 
      this section (1) The term veterans who are 
  minorities means veterans who are minority group 
           members. (2) The term minority group 
  member has the meaning given such term in section 
  544(d) of this title. (Added Pub. L. 103446, title V, Sec. 
509(a), Nov. 2, 1994, 108 Stat. 4665; amended Pub. L. 104275, 
title V, Sec. 501(a)(c), Oct. 9, 1996, 110 Stat. 3340.) ' 318. 
 Center for Women Veterans (a) There is in the Department a Center for 
Women Veterans. There is at the head of the Center a Director. (b) The 
    Director shall be a career or noncareer appointee in the Senior 
 Executive Service. The Director shall be appointed for a term of six 
years. (c) The Director reports directly to the Secretary or the Deputy 
  Secretary concerning the activities of the Center. (d) The Director 
shall perform the following functions with respect to veterans who are 
women: (1) Serve as principal adviser to the Secretary on the adoption 
and implementation of policies and programs affecting veterans who are 
 women. (2) Make recommendations to the Secretary, the Under Secretary 
  for Health, the Under Secretary for Benefits, and other Department 
   officials for the establishment or improvement of programs in the 
 Department for which veterans who are women are eligible. (3) Promote 
the use of benefits authorized by this title by veterans who are women 
 and the conduct of outreach activities to veterans who are women, in 
 conjunction with outreach activities carried out under chapter 77 of 
this title. (4) Disseminate information and serve as a resource center 
  for the exchange of information regarding innovative and successful 
   programs which improve the services available to veterans who are 
   women. (5) Conduct and sponsor appropriate social and demographic 
research on the needs of veterans who are women and the extent to which 
programs authorized under this title meet the needs of those veterans, 
without regard to any law concerning the collection of information from 
the public. (6) Analyze and evaluate complaints made by or on behalf of 
 veterans who are women about the adequacy and timeliness of services 
 provided by the Department and advise the appropriate official of the 
 Department of the results of such analysis or evaluation. (7) Consult 
with, and provide assistance and information to, officials responsible 
  for administering Federal, State, local, and private programs that 
 assist veterans, to encourage those officials to adopt policies which 
promote the use of those programs by veterans who are women. (8) Advise 
the Secretary when laws or policies have the effect of discouraging the 
use of benefits by veterans who are women. (9) Publicize the results of 
 medical research which are of particular significance to veterans who 
are women. (10) Advise the Secretary and other appropriate officials on 
the effectiveness of the Departments efforts to accomplish the 
goals of section 492B of the Public Health Service Act (42 U.S.C. 289a-
 2) with respect to the inclusion of women in clinical research and on 
  particular health conditions affecting womens health which 
should be studied as part of the Departments medical research 
   program and promote cooperation between the Department and other 
 sponsors of medical research of potential benefit to veterans who are 
women. (11) Provide support and administrative services to the Advisory 
   Committee on Women Veterans established under section 542 of this 
 title. (12) Perform such other duties consistent with this section as 
the Secretary shall prescribe. (e) The Secretary shall ensure that the 
 Director is furnished sufficient resources to enable the Director to 
   carry out the functions of the Center in a timely manner. (f) The 
   Secretary shall include in documents submitted to Congress by the 
Secretary in support of the Presidents budget for each fiscal 
 year (1) detailed information on the budget for the Center; (2) 
the Secretarys opinion as to whether the resources (including 
 the number of employees) proposed in the budget for that fiscal year 
  are adequate to enable the Center to comply with its statutory and 
 regulatory duties; and (3) a report on the activities and significant 
accomplishments of the Center during the preceding fiscal year. (Added 
Pub. L. 103446, title V, Sec. 509(a), Nov. 2, 1994, 108 Stat. 
4666; amended Pub. L. 104275, title V, Sec. 501(a), (d), Oct. 
      9, 1996, 110 Stat. 3340, 3341.) ' 319. Office of Employment 
Discrimination Complaint Adjudication (a)(1) There is in the Department 
an Office of Employment Discrimination Complaint Adjudication. There is 
   at the head of the Office a Director. (2) The Director shall be a 
  career appointee in the Senior Executive Service. (3) The Director 
 reports directly to the Secretary or the Deputy Secretary concerning 
matters within the responsibility of the Office. (b)(1) The Director is 
responsible for making the final agency decision within the Department 
 on the merits of any employment discrimination complaint filed by an 
  employee, or an applicant for employment, with the Department. The 
   Director shall make such decisions in an impartial and objective 
   manner. (2) No person may make any ex parte communication to the 
 Director or to any employee of the Office with respect to a matter on 
    which the Director has responsibility for making a final agency 
 decision. (c) Whenever the Director has reason to believe that there 
  has been retaliation against an employee by reason of the employee 
    asserting rights under an equal employment opportunity law, the 
Director shall report the suspected retaliatory action directly to the 
   Secretary or Deputy Secretary, who shall take appropriate action 
    thereon. (d)(1) The Office shall employ a sufficient number of 
    attorneys and other personnel as are necessary to carry out the 
  functions of the Office. Attorneys shall be compensated at a level 
   commensurate with attorneys employed by the Office of the General 
Counsel. (2) The Secretary shall ensure that the Director is furnished 
 sufficient resources in addition to personnel under paragraph (1) to 
   enable the Director to carry out the functions of the Office in a 
  timely manner. (3) The Secretary shall ensure that any performance 
 appraisal of the Director of the Office of Employment Discrimination 
 Complaint Adjudication or of any employee of the Office does not take 
 into consideration the record of the Director or employee in deciding 
 cases for or against the Department. (Added Pub. L. 105114, 
    title I, Sec. 102(a)(1), Nov. 21, 1997, 111 Stat. 2280.) ' 320. 
 Department of Veterans Affairs-Department of Defense Joint Executive 
 Committee (a) JOINT EXECUTIVE COMMITTEE.(1) There is established 
  an interagency committee to be known as the Department of Veterans 
Affairs-Department of Defense Joint Executive Committee (hereinafter in 
                    this section referred to as the 
Committee). (2) The Committee is composed 
  of (A) the Deputy Secretary of Veterans Affairs and such other 
  officers and employees of the Department of Veterans Affairs as the 
    Secretary of Veterans Affairs may designate; and (B) the Under 
    Secretary of Defense for Personnel and Readiness and such other 
officers and employees of the Department of Defense as the Secretary of 
 Defense may designate. (b) ADMINISTRATIVE MATTERS.(1) The Deputy 
Secretary of Veterans Affairs and the Under Secretary of Defense shall 
   determine the size and structure of the Committee, as well as the 
   administrative and procedural guidelines for the operation of the 
 Committee. (2) The two Departments shall supply appropriate staff and 
 resources to provide administrative support and services. Support for 
such purposes shall be provided at a level sufficient for the efficient 
 operation of the Committee, including a subordinate Health Executive 
 Committee, a subordinate Benefits Executive Committee, and such other 
  committees or working groups as considered necessary by the Deputy 
    Secretary and Under Secretary. (c) RECOMMENDATIONS.(1) The 
 Committee shall recommend to the Secretaries strategic direction for 
 the joint coordination and sharing efforts between and within the two 
    Departments under section 8111 of this title and shall oversee 
implementation of those efforts. (2) The Committee shall submit to the 
   two Secretaries and to Congress an annual report containing such 
      recommendations as the Committee considers appropriate. (d) 
FUNCTIONS.In order to enable the Committee to make recommendations 
 in its annual report under subsection (c)(2), the Committee shall do 
the following: (1) Review existing policies, procedures, and practices 
 relating to the coordination and sharing of resources between the two 
    Departments. (2) Identify changes in policies, procedures, and 
    practices that, in the judgment of the Committee, would promote 
 mutually beneficial coordination, use, or exchange of use of services 
 and resources of the two Departments, with the goal of improving the 
 quality, efficiency and effectiveness of the delivery of benefits and 
  services to veterans, service members, military retirees, and their 
    families through an enhanced Department of Veterans Affairs and 
  Department of Defense partnership. (3) Identify and assess further 
   opportunities for the coordination and collaboration between the 
Departments that, in the judgment of the Committee, would not adversely 
 affect the range of services, the quality of care, or the established 
 priorities for benefits provided by either Department. (4) Review the 
plans of both Departments for the acquisition of additional resources, 
especially new facilities and major equipment and technology, in order 
 to assess the potential effect of such plans on further opportunities 
     for the coordination and sharing of resources. (5) Review the 
 implementation of activities designed to promote the coordination and 
     sharing of resources between the Departments. (Added Pub. L. 
 108136, div. A, title V, Sec. 583(a)(1), Nov. 24, 2003, 117 
        Stat. 1490.) ' 321. Office of Survivors Assistance (a) 
 ESTABLISHMENT.The Secretary shall establish in the Department an 
  Office of Survivors Assistance (in this section referred to as the 
Office) to serve as a resource regarding 
   all benefits and services furnished by the Department (1) to 
survivors and dependents of deceased veterans; and (2) to survivors and 
   dependents of deceased members of the Armed Forces. (b) ADVISORY 
    DUTIES.The Office shall serve as a primary advisor to the 
Secretary on all matters related to the policies, programs, legislative 
 issues, and other initiatives affecting the survivors and dependents 
  described in subsection (a). (c) GUIDANCE FROM STAKEHOLDERS.In 
    establishing the Office, the Secretary shall seek guidance from 
interested stakeholders. (d) RESOURCES.The Secretary shall ensure 
 that appropriate personnel, funding, and other resources are provided 
   to the Office to carry out its responsibilities. (e) INCLUSION OF 
         INFORMATION ON OFFICE IN ANNUAL REPORT ON DEPARTMENT 
ACTIVITIES.The Secretary shall include in each annual Performance 
  and Accountability report submitted by the Secretary to Congress a 
  description of the activities of the Office during the fiscal year 
covered by such report. (Added Pub. L. 110389, title II, Sec. 
   222(a), Oct. 10, 2008, 122 Stat. 4156.) ' 322. Office of National 
            Veterans Sports Programs and Special Events (a) 
  ESTABLISHMENT.There is in the Department an Office of National 
 Veterans Sports Programs and Special Events. There is at the head of 
 the Office a Director, who shall report to an appropriate official of 
 the Veterans Benefits Administration, as determined by the Secretary, 
   or to the Deputy Secretary or Secretary. (b) RESPONSIBILITIES OF 
     DIRECTOR.Subject to the direction of the Secretary, the 
Director (1) shall establish and carry out qualifying programs and 
events; (2) may provide for sponsorship by the Department of qualifying 
  programs and events; (3) may provide for, facilitate, and encourage 
 participation by disabled veterans in qualifying programs and events; 
  (4) shall, to the extent feasible, cooperate with the United States 
  Paralympics, Inc., and its partners to promote the participation of 
disabled veterans and disabled members of the Armed Forces in sporting 
   events sponsored by the United States Paralympics, Inc., and its 
 partners; (5) shall seek sponsorships and donations from the private 
  sector to defray costs of carrying out the responsibilities of the 
  Director to the maximum extent feasible; and (6) may carry out such 
other responsibilities as the Secretary determines are appropriate. (c) 
   QUALIFYING PROGRAM OR EVENT.For purposes of this section, a 
qualifying program or event is a sports program or other event in which 
disabled veterans and disabled members of the Armed Forces participate 
  and that is approved by the Secretary as being consistent with the 
     goals and missions of the Department. (d) MONTHLY ASSISTANCE 
 ALLOWANCE.(1) Subject to the availability of appropriations for 
such purpose, the Secretary may provide a monthly assistance allowance 
      to a veteran with a disability invited by the United States 
   Paralympics, Inc., to compete for a slot on, or selected for, the 
   Paralympic Team for any month in which the veteran is training or 
  competing in any event sanctioned by the United States Paralympics, 
Inc., or who is residing at a United States Paralympics, Inc., training 
 center. (2) The amount of the monthly assistance payable to a veteran 
under paragraph (1) shall be equal to the monthly amount of subsistence 
allowance that would be payable to the veteran under chapter 31 of this 
 title if the veteran were eligible for and entitled to rehabilitation 
under such chapter. (3) In providing assistance under this subsection, 
 the Secretary shall give priority to veterans with service-connected 
 disabilities. (4) There is authorized to be appropriated to carry out 
this subsection $2,000,000 for each of fiscal years 2010 through 2013. 
 (e) LIMITATION ON STATUTORY CONSTRUCTION.Nothing in this section 
   shall be construed as a limitation on disabled sports and special 
 events supported by the Department as of the date of the enactment of 
 this section. (Added Pub. L. 110389, title VII, Sec. 703(a), 
 Oct. 10, 2008, 122 Stat. 4183.) CHAPTER 5 OF TITLE 38, UNITED STATES 
 CODE [As Amended Through P.L. 1127, Enacted March 31, 2011] 
 xTITLE 38VETERANS BENEFITS xPART IGENERAL 
PROVISIONS CHAPTER 5AUTHORITY AND DUTIES OF THE SECRETARY 
 SUBCHAPTER IGENERAL AUTHORITIES Sec. 501. Rules and regulations. 
  502. Judicial review of rules and regulations. 503. Administrative 
   error; equitable relief. 505. Opinions of Attorney General. 510. 
   Authority to reorganize offices. 511. Decisions of the Secretary; 
  finality.512. Delegation of authority; assignment of functions and 
   duties. 513. Contracts and personal services. 515. Administrative 
  settlement of tort claims. 516. Equal employment responsibilities. 
   SUBCHAPTER IISPECIFIED FUNCTIONS 521. Assistance to certain 
     rehabilitation activities. 521A. Assistance for United States 
 Paralympics, Inc. 522. Studies of rehabilitation of disabled persons. 
 523. Coordination and promotion of other programs affecting veterans 
 and their dependents. 525. Publication of laws relating to veterans. 
 527. Evaluation and data collection. 529. Annual report to Congress. 
530. Annual report on program and expenditures for domestic response to 
  weapons of mass destruction. 531. Requirement relating to naming of 
  Department property. 532. Authority to advertise in national media. 
   SUBCHAPTER IIIADVISORY COMMITTEES 541. Advisory Committee on 
  Former Prisoners of War. 542. Advisory Committee on Women Veterans. 
    543. Advisory Committee on Prosthetics and Special-Disabilities 
 Programs. 544. Advisory Committee on Minority Veterans. 545. Advisory 
 Committee on the Readjustment of Veterans. 546. Advisory Committee on 
 Disability Compensation. SUBCHAPTER IGENERAL AUTHORITIES ' 501. 
Rules and regulations (a) The Secretary has authority to prescribe all 
 rules and regulations which are necessary or appropriate to carry out 
 the laws administered by the Department and are consistent with those 
  laws, including (1) regulations with respect to the nature and 
 extent of proof and evidence and the method of taking and furnishing 
 them in order to establish the right to benefits under such laws; (2) 
   the forms of application by claimants under such laws; 49 (3) the 
methods of making investigations and medical examinations; and (4) the 
manner and form of adjudications and awards. (b) Any rule, regulation, 
    guideline, or other published interpretation or order (and any 
  amendment thereto) issued pursuant to the authority granted by this 
section or any other provision of this title shall contain citations to 
  the particular section or sections of statutory law or other legal 
   authority upon which such issuance is based. The citation to the 
authority shall appear immediately following each substantive provision 
 of the issuance. (c) In applying section 552(a)(1) of title 5 to the 
Department, the Secretary shall ensure that subparagraphs (C), (D), and 
  (E) of that section are complied with, particularly with respect to 
opinions and interpretations of the General Counsel. (d) The provisions 
  of section 553 of title 5 shall apply, without regard to subsection 
   (a)(2) of that section, to matters relating to loans, grants, or 
  benefits under a law administered by the Secretary. (Added Pub. L. 
    10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 386.) ' 502. 
Judicial review of rules and regulations An action of the Secretary to 
 which section 552(a)(1) or 553 of title 5 (or both) refers is subject 
 to judicial review. Such review shall be in accordance with chapter 7 
of title 5 and may be sought only in the United States Court of Appeals 
     for the Federal Circuit. However, if such review is sought in 
connection with an appeal brought under the provisions of chapter 72 of 
this title, the provisions of that chapter shall apply rather than the 
provisions of chapter 7 of title 5. (Added Pub. L. 10283, Sec. 
 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 110 389, 
       title I, Sec. 102, Oct. 10, 2008, 122 Stat. 4148.) ' 503. 
Administrative error; equitable relief (a) If the Secretary determines 
that benefits administered by the Department have not been provided by 
reason of administrative error on the part of the Federal Government or 
any of its employees, the Secretary may provide such relief on account 
  of such error as the Secretary determines equitable, including the 
   payment of moneys to any person whom the Secretary determines is 
equitably entitled to such moneys. (b) If the Secretary determines that 
 a veteran, surviving spouse, child of a veteran, or other person has 
suffered loss as a consequence of reliance upon a determination by the 
Department of eligibility or entitlement to benefits, without knowledge 
that it was erroneously made, the Secretary may provide such relief on 
    account of such error as the Secretary determines is equitable, 
   including the payment of moneys to any person whom the Secretary 
  determines is equitably entitled to such moneys. (c) Not later than 
 April 1 of each year, the Secretary shall submit to Congress a report 
 containing a statement as to the disposition of each case recommended 
  to the Secretary for equitable relief under this section during the 
    preceding calendar year. No report shall be required under this 
subsection after December 31, 2014. (Added Pub. L. 10283, Sec. 
 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106 419, 
    title IV, Sec. 403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 
109233, title IV, Sec. 403, June 15, 2006, 120 Stat. 411; Pub. 
  L. 111275, title VIII, Sec. 808, Oct. 13, 2010, 124 Stat. 
 2893.) ' 505. Opinions of Attorney General The Secretary may require 
 the opinion of the Attorney General on any question of law arising in 
 the administration of the Department. (Added Pub. L. 10283, 
Sec. 2(a), Aug. 6, 1991, 105 Stat. 387.) ' 510. Authority to reorganize 
 offices (a) Except to the extent inconsistent with law, the Secretary 
   may (1) consolidate, eliminate, abolish, or redistribute the 
functions of the Administrations, offices, facilities, or activities in 
the Department; (2) create new Administrations, offices, facilities, or 
  activities in the Department; and (3) fix the functions of any such 
Administration, office, facility, or activity and the duties and powers 
 of their respective executive heads. (b) The Secretary may not in any 
  fiscal year implement an administrative reorganization described in 
 subsection (c) unless the Secretary first submits to the appropriate 
  committees of the Congress a report containing a detailed plan and 
justification for the administrative reorganization. No action to carry 
   out such reorganization may be taken after the submission of such 
   report until the end of a 45-day period following the date of the 
submission of the report, not less than 30 days of which shall be days 
   during which Congress shall have been in continuous session. For 
purposes of the preceding sentence, continuity of a session of Congress 
  is broken only by adjournment sine die, and there shall be excluded 
  from the computation of any period of continuity of session any day 
   during which either House of Congress is not in session during an 
     adjournment of more than three days to a day certain. (c) An 
   administrative reorganization described in this subsection is an 
  administrative reorganization of a covered field office or facility 
that involves a reduction during any fiscal year in the number of full-
 time equivalent employees with permanent duty stations at such office 
or facility (1) by 15 percent or more; or (2) by a percent which, 
    when added to the percent reduction made in the number of such 
   employees with permanent duty stations at such office or facility 
  during the preceding fiscal year, is 25 percent or more. (d)(1) Not 
 less than 30 days before the date on which the implementation of any 
 administrative reorganization described in paragraph (2) of a unit in 
  the Central Office is to begin, the Secretary shall transmit to the 
Committees on Veterans Affairs of the Senate and the House of 
   Representatives a notification regarding the reorganization. (2) 
 Paragraph (1) applies to an administrative reorganization of any unit 
of the Central Office that is the duty station for 30 or more employees 
 if the reorganization involves a reduction in any fiscal year in the 
number of full-time equivalent employees with permanent duty station in 
such unit by 50 percent or more. (e) For purposes of this section, the 
 term administrative reorganization does 
not include a consolidation or redistribution of functions at a covered 
    field office or facility, or between components of the Veterans 
  Benefits Administration and the Veterans Health Administration at a 
      Department medical and regional office center, if after the 
consolidation or redistribution the same number of full-time equivalent 
  employees continues to perform the affected functions at that field 
office, facility, or center. (f) For purposes of this section: (1) The 
  term covered field office or facility 
 means a Department office or facility outside the Central Office that 
  is the permanent duty station for 25 or more employees or that is a 
free-standing outpatient clinic. (2) The term detailed plan 
     and justification means, with respect to an 
  administrative reorganization, a written report that, at a minimum, 
includes the following: (A) Specification of the number of employees by 
 which each covered office or facility affected is to be reduced, the 
    responsibilities of those employees, and the means by which the 
reduction is to be accomplished. (B) Identification of any existing or 
 planned office or facility at which the number of employees is to be 
 increased and specification of the number and responsibilities of the 
additional employees at each such office or facility. (C) A description 
 of the changes in the functions carried out at any existing office or 
facility and the functions to be assigned to an office or facility not 
in existence on the date that the plan and justification are submitted 
 pursuant to subsection (b). (D) An explanation of the reasons for the 
 determination that the reorganization is appropriate and advisable in 
terms of the statutory missions and long-term goals of the Department. 
 (E) A description of the effects that the reorganization may have on 
 the provision of benefits and services to veterans and dependents of 
  veterans (including the provision of benefits and services through 
 offices and facilities of the Department not directly affected by the 
 reorganization). (F) Estimates of the costs of the reorganization and 
   of the cost impact of the reorganization, together with analyses 
 supporting those estimates. (Added Pub. L. 10283, Sec. 2(a), 
 Aug. 6, 1991, 105 Stat. 387; amended Pub. L. 104 262, title 
 III, Sec. 304, Oct. 9, 1996, 110 Stat. 3194.) ' 511. Decisions of the 
Secretary; finality (a) The Secretary shall decide all questions of law 
  and fact necessary to a decision by the Secretary under a law that 
 affects the provision of benefits by the Secretary to veterans or the 
  dependents or survivors of veterans. Subject to subsection (b), the 
 decision of the Secretary as to any such question shall be final and 
  conclusive and may not be reviewed by any other official or by any 
court, whether by an action in the nature of mandamus or otherwise. (b) 
   The second sentence of subsection (a) does not apply to (1) 
 matters subject to section 502 of this title; (2) matters covered by 
sections 1975 and 1984 of this title; (3) matters arising under chapter 
37 of this title; and (4) matters covered by chapter 72 of this title. 
(Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 388.) 
' 512. Delegation of authority; assignment of functions and duties (a) 
Except as otherwise provided by law, the Secretary may assign functions 
  and duties, and delegate, or authorize successive re-delegation of, 
  authority to act and to render decisions, with respect to all laws 
 administered by the Department, to such officers and employees as the 
     Secretary may find necessary. Within the limitations of such 
   delegations, redelegations, or assignments, all official acts and 
decisions of such officers and employees shall have the same force and 
  effect as though performed or rendered by the Secretary. (b) There 
  shall be included on the technical and administrative staff of the 
  Secretary such staff officers, experts, inspectors, and assistants 
  (including legal assistants) as the Secretary may prescribe. (Added 
Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.) ' 513. 
Contracts and personal services The Secretary may, for purposes of all 
laws administered by the Department, accept uncompensated services, and 
 enter into contracts or agreements with private or public agencies or 
persons (including contracts for services of translators without regard 
  to any other law), for such necessary services (including personal 
services) as the Secretary may consider practicable. The Secretary may 
also enter into contracts or agreements with private concerns or public 
  agencies for the hiring of passenger motor vehicles or aircraft for 
  official travel whenever, in the Secretarys judgment, such 
arrangements are in the interest of efficiency or economy. (Added Pub. 
  L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 389.) ' 515. 
  Administrative settlement of tort claims (a)(1) Notwithstanding the 
 limitations contained in section 2672 of title 28, the Secretary may 
 settle a claim for money damages against the United States cognizable 
under section 1346(b) or 2672 of title 28 or section 7316 of this title 
 to the extent the authority to do so is delegated to the Secretary by 
  the Attorney General. Such delegation may not exceed the authority 
delegated by the Attorney General to United States attorneys to settle 
claims for money damages against the United States. (2) For purposes of 
 this subsection, the term settle, with 
 respect to a claim, means consider, ascertain, adjust, determine, and 
   dispose of the claim, whether by full or partial allowance or by 
  disallowance. (b) The Secretary may pay tort claims, in the manner 
  authorized in the first paragraph of section 2672 of title 28, when 
 such claims arise in foreign countries in connection with Department 
  operations abroad. A claim may not be allowed under this subsection 
  unless it is presented in writing to the Secretary within two years 
after the claim accrues. (Added Pub. L. 10283, Sec. 2(a), Aug. 
 6, 1991, 105 Stat. 389.) ' 516. Equal employment responsibilities (a) 
    The Secretary shall provide that the employment discrimination 
 complaint resolution system within the Department be established and 
administered so as to encourage timely and fair resolution of concerns 
   and complaints. The Secretary shall take steps to ensure that the 
system is administered in an objective, fair, and effective manner and 
in a manner that is perceived by employees and other interested parties 
   as being objective, fair, and effective. (b) The Secretary shall 
 provide (1) that employees responsible for counseling functions 
     associated with employment discrimination and for receiving, 
 investigating, and processing complaints of employment discrimination 
shall be supervised in those functions by, and report to, an Assistant 
  Secretary or a Deputy Assistant Secretary for complaint resolution 
management; and (2) that employees performing employment discrimination 
 complaint resolution functions at a facility of the Department shall 
not be subject to the authority, direction, and control of the Director 
  of the facility with respect to those functions. (c) The Secretary 
  shall ensure that all employees of the Department receive adequate 
education and training for the purposes of this section and section 319 
   of this title. (d) The Secretary shall, when appropriate, impose 
 disciplinary measures, as authorized by law, in the case of employees 
  of the Department who engage in unlawful employment discrimination, 
  including retaliation against an employee asserting rights under an 
  equal employment opportunity law. (e)(1)(A) Not later than 45 days 
  after the end of each calendar quarter, the Assistant Secretary for 
 Human Resources and Administration shall submit to the Committees on 
Veterans Affairs of the Senate and House of Representatives a 
   report summarizing the employment discrimination complaints filed 
   against the individuals referred to in paragraph (2) during such 
  quarter. (B) Subparagraph (A) shall apply in the case of complaints 
  filed against individuals on the basis of such individuals 
 personal conduct and shall not apply in the case of complaints filed 
solely on the basis of such individuals positions as officials 
of the Department. (2) Paragraph (1) applies to the following officers 
  and employees of the Department: (A) The Secretary. (B) The Deputy 
 Secretary of Veterans Affairs. (C) The Under Secretary for Health and 
   the Under Secretary for Benefits. (D) Each Assistant Secretary of 
   Veterans Affairs and each Deputy Assistant Secretary of Veterans 
   Affairs. (E) The Under Secretary of Veterans Affairs for Memorial 
Affairs. (F) The General Counsel of the Department. (G) The Chairman of 
 the Board of Veterans Appeals. (H) The Chairman of the Board 
 of Contract Appeals of the Department. (I) The director and the chief 
of staff of each medical center of the Department. (J) The director of 
  each Veterans Integrated Services Network. (K) The director of each 
  regional office of the Department. (L) Each program director of the 
     Central Office of the Department. (3) Each report under this 
 subsection (A) may not disclose information which identifies the 
  individuals filing, or the individuals who are the subject of, the 
  complaints concerned or the facilities at which the discrimination 
 identified in such complaints is alleged to have occurred; (B) shall 
 summarize such complaints by type and by equal employment opportunity 
field office area in which filed; and (C) shall include copies of such 
    complaints, with the information described in subparagraph (A) 
redacted. (4) Not later than April 1 each year, the Assistant Secretary 
shall submit to the committees referred to in paragraph (1)(A) a report 
 on the complaints covered by paragraph (1) during the preceding year, 
including the number of such complaints filed during that year and the 
status and resolution of the investigation of such complaints. (f) The 
  Secretary shall ensure that an employee of the Department who seeks 
 counseling relating to employment discrimination may elect to receive 
  such counseling from an employee of the Department who carries out 
equal employment opportunity counseling functions on a full-time basis 
  rather than from an employee of the Department who carries out such 
  functions on a part-time basis. (g) The number of employees of the 
Department whose duties include equal employment opportunity counseling 
functions as well as other, unrelated functions may not exceed 40 full-
  time equivalent employees. Any such employee may be assigned equal 
    employment opportunity counseling functions only at Department 
    facilities in remote geographic locations (as determined by the 
  Secretary). The Secretary may waive the limitation in the preceding 
sentence in specific cases. (h) The provisions of this section shall be 
  implemented in a manner consistent with procedures applicable under 
regulations prescribed by the Equal Employment Opportunity Commission. 
(Added Pub. L. 105114, title I, Sec. 101(a)(1), Nov. 21, 1997, 
    111 Stat. 2278; amended Pub. L. 105368, title IV, Sec. 
  403(d)(2), Nov. 11, 1998, 112 Stat. 3339; Pub. L. 108170, 
   title IV, Sec. 405(a), Dec. 6, 2003, 117 Stat. 2063.) SUBCHAPTER 
IISPECIFIED FUNCTIONS ' 521. Assistance to certain rehabilitation 
 activities (a) The Secretary may assist any organization named in or 
  approved under section 5902 of this title in providing recreational 
activities which would further the rehabilitation of disabled veterans. 
  Such assistance may be provided only if (1) the activities are 
     available to disabled veterans on a national basis; and (2) a 
    significant percentage of the individuals participating in the 
activities are eligible for rehabilitative services under chapter 17 of 
 this title. (b) The Secretary may accept from any appropriate source 
     contributions of funds and of other assistance to support the 
Secretarys provision of assistance for such activities. (c)(1) 
  Subject to paragraph (2), the Secretary may authorize the use, for 
  purposes approved by the Secretary in connection with the activity 
involved, of the seal and other official symbols of the Department and 
 the name Department of Veterans Affairs 
 by (A) any organization which provides an activity described in 
    subsection (a) with assistance from the Secretary; and (B) any 
  individual or entity from which the Secretary accepts a significant 
 contribution under subsection (b) or an offer of such a contribution. 
    (2) The use of such seal or name of any official symbol of the 
Department in an advertisement may be authorized by the Secretary under 
    this subsection only if (A) the Secretary has approved the 
  advertisement; and (B) the advertisement contains a clear statement 
that no product, project, or commercial line of endeavor referred to in 
 the advertisement is endorsed by the Department of Veterans Affairs. 
(Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.) 
' 521A. Assistance for United States Paralympics, Inc (a) AUTHORIZATION 
TO PROVIDE ASSISTANCE.The Secretary may award grants to the United 
 States Paralympics, Inc., to plan, develop, manage, and implement an 
 integrated adaptive sports program for disabled veterans and disabled 
   members of the Armed Forces. (b) OVERSIGHT BY SECRETARY.As a 
 condition of receiving a grant under this section, the United States 
Paralympics, Inc., shall permit the Secretary to conduct such oversight 
 of the use of grant funds as the Secretary determines is appropriate. 
 The United States Paralympics, Inc., shall be responsible for the use 
      of grant funds provided under this section. (c) APPLICATION 
  REQUIREMENT.(1) Before the Secretary may award a grant to the 
United States Paralympics, Inc., under this section, the United States 
 Paralympics, Inc., shall submit to the Secretary an application that 
 describes the activities to be carried out with the grant, including 
information on specific measurable goals and objectives to be achieved 
    using grant funds. (2) The application shall include (A) a 
 detailed description of all partnerships referred to in paragraph (3) 
  at the national and local levels that will be participating in such 
    activities and the amount of grant funds that the United States 
    Paralympics, Inc., proposes to make available for each of such 
partnerships; and (B) for any fiscal year for which a grant is sought, 
     the amount of private donations received by the United States 
Paralympics, Inc., expected to be expended to support operations during 
 that fiscal year. (3) Partnerships referred to in this paragraph are 
      agreements between the United States Paralympics, Inc., and 
 organizations with significant experience in the training and support 
of disabled athletes and the promotion of disabled sports at the local 
  and national levels. Such organizations may include Disabled Sports 
USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American 
   Veterans. The agreements shall detail the scope of activities and 
 funding to be provided by the United States Paralympics, Inc., to the 
partner. (d) USE OF FUNDS.(1) The United States Paralympics, Inc., 
 with the assistance and cooperation of the Secretary and the heads of 
   other appropriate Federal and State departments and agencies and 
partnerships referred to in subsection (c)(3), shall use a grant under 
    this section to reimburse grantees with which the United States 
Paralympics, Inc., has entered into a partnership under subsection (c) 
for the direct costs of recruiting, supporting, equipping, encouraging, 
      scheduling, facilitating, supervising, and implementing the 
 participation of disabled veterans and disabled members of the Armed 
  Forces in the activities described in paragraph (3) by supporting a 
  program described in paragraph (2). (2) A program described in this 
  paragraph is a sports program that (A) promotes basic physical 
activity, games, recreation, training, and competition; (B) is approved 
by the Secretary; and (C)(i) provides services and activities described 
  in paragraph (3) for disabled veterans and disabled members of the 
    Armed Forces; and (ii) may also provide services and activities 
 described in paragraph (3) for individuals with disabilities who are 
not veterans or members of the Armed Forces, or both; except that funds 
  made available to carry out this section may not be used to support 
those individuals with disabilities who are not veterans or members of 
 the Armed Forces. (3) Activities described in this paragraph are 
 (A) instruction, participation, and competition in Paralympic sports; 
   (B) training and technical assistance to program administrators, 
 coaches, recreational therapists, instructors, Department employees, 
  and other appropriate individuals; and (C) coordination, Paralympic 
classification of athletes, athlete assessment, sport-specific training 
   techniques, program development (including programs at the local 
   level), sports equipment, supplies, program evaluation, and other 
activities related to the implementation and operation of the program. 
 (4) A grant made under this section may include, at the discretion of 
the Secretary, an amount for the administrative expenses of the United 
States Paralympics, Inc., but not to exceed five percent of the amount 
      of the grant. (5) Funds made available by the United States 
  Paralympics, Inc., to a grantee under subsection (c) may include an 
 amount for administrative expenses, but not to exceed ten percent of 
the amount of such funds. (e) OUTREACH REQUIREMENT.As a condition 
of receiving a grant under this section, the United States Paralympics, 
    Inc., shall agree to conduct a joint outreach campaign with the 
   Secretary of Veterans Affairs to inform all eligible veterans and 
separating members of the Armed Forces with physical disabilities about 
      the existence of the integrated adaptive sports program, as 
     appropriate, and shall provide for, facilitate, and encourage 
  participation of such veterans and separating members of the Armed 
   Forces in programs under this section to the extent possible. (f) 
   COORDINATION.The Secretary shall ensure access to and use of 
 appropriate Department sports, recreation, and fitness facilities by 
      disabled veterans and disabled members of the Armed Forces 
participating in the integrated adaptive sports program to the maximum 
 extent possible. The Secretary shall ensure that such access does not 
    adversely affect any other assistance provided to veterans. (g) 
    AUTHORIZATION OF APPROPRIATIONS.There is authorized to be 
 appropriated $8,000,000 for each of fiscal years 2010 through 2013 to 
     carry out this section. Amounts appropriated pursuant to this 
 subsection shall remain available without fiscal year limitation. (h) 
SEPARATE ACCOUNTING.The Department shall have a separate line item 
 in budget proposals of the Department for funds to be appropriated to 
 carry out this section. Funds appropriated to carry out this section 
   shall not be commingled with any other funds appropriated to the 
 Department. (i) LIMITATION ON USE OF FUNDS.Except as provided in 
 paragraphs (4) and (5) of subsection (d), funds appropriated to carry 
  out this section may not be used to support or provide services to 
 individuals who are not disabled veterans or disabled members of the 
Armed Forces. (j) ANNUAL REPORT TO SECRETARY.(1) As a condition of 
 receiving a grant under this section, the United States Paralympics, 
Inc., shall agree that by not later than 60 days after the last day of 
  a fiscal year for which a grant is provided under this section, the 
United States Paralympics, Inc., shall submit to the Secretary a report 
 setting forth in detail the use of the grant funds during that fiscal 
    year, including the number of veterans who participated in the 
integrated adaptive sports program, including any programs carried out 
 through a partnership under subsection (c)(3), and the administrative 
expenses of the integrated adaptive sports program. (2) A report under 
  this subsection may be audited by the Secretary. (3) For any fiscal 
   year after fiscal year 2010, the eligibility of the United States 
   Paralympics, Inc., to receive a grant under this section shall be 
 contingent upon the submission of the report under paragraph (1) for 
 the preceding fiscal year. (k) ANNUAL REPORT TO CONGRESS.For any 
 fiscal year during which the Secretary provides assistance under this 
section, the Secretary shall submit to Congress a report on the use of 
 funds provided under this section. (l) TERMINATION.The Secretary 
may only provide assistance under this section during fiscal years 2010 
 through 2013. (Added Pub. L. 110389, title VII, Sec. 702(a), 
  Oct. 10, 2008, 122 Stat. 4181.) ' 522. Studies of rehabilitation of 
      disabled persons (a) The Secretary may conduct studies and 
investigations, and prepare reports, relative to the rehabilitation of 
disabled persons, the relative abilities, aptitudes, and capacities of 
    the several groups of the variously handicapped, and how their 
 potentialities can best be developed and their services best used in 
 gainful and suitable employment including the rehabilitation programs 
of foreign nations. (b) In carrying out this section, the Secretary (1) 
 may cooperate with such public and private agencies as the Secretary 
considers advisable; and (2) may employ consultants who shall receive a 
   reasonable per diem, as prescribed by the Secretary, for each day 
  actually employed, plus necessary travel and other expenses. (Added 
Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 390.) ' 523. 
  Coordination and promotion of other programs affecting veterans and 
   their dependents (a) The Secretary shall seek to achieve (1) the 
maximum feasible effectiveness, coordination, and interrelationship of 
services among all programs and activities affecting veterans and their 
 dependents carried out by and under all other departments, agencies, 
  and instrumentalities of the executive branch, and (2) the maximum 
feasible coordination of such programs with programs carried out under 
    this title. The Secretary shall actively promote the effective 
 implementation, enforcement, and application of all provisions of law 
   and regulations providing for special consideration, emphasis, or 
 preference for veterans. (b) The Secretary shall seek to achieve the 
effective coordination of the provision, under laws administered by the 
   Department, of benefits and services (and information about such 
benefits and services) with appropriate programs (and information about 
 such programs) conducted by State and local governmental agencies and 
by private entities at the State and local level. In carrying out this 
subsection, the Secretary shall place special emphasis on veterans who 
are 65 years of age or older. (Added Pub. L. 10283, Sec. 2(a), 
 Aug. 6, 1991, 105 Stat. 390.) ' 525. Publication of laws relating to 
  veterans (a) The Secretary may compile and publish all Federal laws 
 relating to veterans relief, including laws administered by 
  the Department as well as by other agencies of the Government. Such 
  compilation and publication shall be in such form as the Secretary 
 considers advisable for the purpose of making currently available in 
      convenient form for the use of the Department and full-time 
  representatives of the several service organizations an annotated, 
     indexed, and cross-referenced statement of the laws providing 
     veterans relief. (b) The Secretary may maintain such 
compilation on a current basis either by the publication, from time to 
    time, of supplementary documents or by complete revision of the 
      compilation. (c) The distribution of the compilation to the 
   representatives of the several service organizations shall be as 
determined by the Secretary. (Added Pub. L. 10283, Sec. 2(a), 
Aug. 6, 1991, 105 Stat. 391.) ' 527. Evaluation and data collection (a) 
The Secretary, pursuant to general standards which the Secretary shall 
 prescribe in regulations, shall measure and evaluate on a continuing 
basis the effect of all programs authorized under this title, in order 
to determine their effectiveness in achieving stated goals in general, 
and in achieving such goals in relation to their cost, their effect on 
 related programs, and their structure and mechanisms for delivery of 
services. Such information as the Secretary may consider necessary for 
purposes of such evaluations shall be made available to the Secretary, 
 upon request, by all departments, agencies, and instrumentalities of 
 the executive branch. (b) In carrying out this section, the Secretary 
    shall collect, collate, and analyze on a continuing basis full 
   statistical data regarding participation (including the duration 
thereof), provision of services, categories of beneficiaries, planning 
and construction of facilities, acquisition of real property, proposed 
     excessing of land, accretion and attrition of personnel, and 
   categorized expenditures attributable thereto, under all programs 
carried out under this title. (c) The Secretary shall make available to 
     the public, and on a regular basis provide to the appropriate 
committees of the Congress, copies of all completed evaluative research 
      studies and summaries of evaluations of program impact and 
  effectiveness carried out, and tabulations and analyses of all data 
  collected, under this section. (Added Pub. L. 10283, Sec. 
 2(a), Aug. 6, 1991, 105 Stat. 391.) ' 529. Annual report to Congress 
The Secretary shall submit annually, at the close of each fiscal year, 
 a report in writing to Congress. Each such report shall (1) give 
 an account of all moneys received and disbursed by the Department for 
 such fiscal year; (2) describe the work done during such fiscal year; 
 and (3) state the activities of the Department for such fiscal year. 
(Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.) 
' 530. Annual report on program and expenditures for domestic response 
 to weapons of mass destruction (a) The Secretary shall submit to the 
  Committees on Veterans Affairs of the Senate and House of 
Representatives an annual report, to be submitted each year at the time 
 that the President submits the budget for the next fiscal year under 
section 1105 of title 31, on the activities of the Department relating 
 to preparation for, and participation in, a domestic medical response 
  to an attack involving weapons of mass destruction. (b) Each report 
 under subsection (a) shall include the following: (1) A statement of 
 the amounts of funds and the level of personnel resources (stated in 
  terms of full-time equivalent employees) expected to be used by the 
 Department during the next fiscal year in preparation for a domestic 
 medical response to an attack involving weapons of mass destruction, 
  including the anticipated source of those funds and any anticipated 
    shortfalls in funds or personnel resources to achieve the tasks 
assigned the Department by the President in connection with preparation 
for such a response. (2) A detailed statement of the funds expended and 
personnel resources (stated in terms of full-time equivalent employees) 
used during the fiscal year preceding the fiscal year during which the 
 report is submitted in preparation for a domestic medical response to 
an attack involving weapons of mass destruction or in response to such 
an attack, including identification of the source of those funds and a 
description of how those funds were expended. (3) A detailed statement 
 of the funds expended and expected to be expended, and the personnel 
resources (stated in terms of full-time equivalent employees) used and 
expected to be used, during the fiscal year during which the report is 
 submitted in preparation for a domestic medical response to an attack 
involving weapons of mass destruction or in response to such an attack, 
    including identification of the source of funds expended and a 
 description of how those funds were expended. (c) This section shall 
 expire on January 1, 2009. (Added Pub. L. 105368, title IX, 
    Sec. 906(a), Nov. 11, 1998, 112 Stat. 3361.) ' 531. Requirement 
relating to naming of Department property Except as expressly provided 
by law, a facility, structure, or real property of the Department, and 
    a major portion (such as a wing or floor) of any such facility, 
structure, or real property, may be named only for the geographic area 
 in which the facility, structure, or real property is located. (Added 
 Pub. L. 105368, title X, Sec. 1001(a)(1), Nov. 11, 1998, 112 
   Stat. 3363.) ' 532. Authority to advertise in national media The 
 Secretary may purchase advertising in national media outlets for the 
 purpose of promoting awareness of benefits under laws administered by 
the Secretary, including promoting awareness of assistance provided by 
  the Secretary, including assistance for programs to assist homeless 
  veterans, to promote veteran-owned small businesses, and to provide 
opportunities for employment in the Department of Veterans Affairs and 
      for education, training, compensation, pension, vocational 
    rehabilitation, and healthcare benefits, and mental healthcare 
 (including the prevention of suicide among veterans). (Added Pub. L. 
  110389, title VIII, Sec. 809(a), Oct. 10, 2008, 122 Stat. 
4189.) SUBCHAPTER IIIADVISORY COMMITTEES ' 541. Advisory Committee 
  on Former Prisoners of War (a)(1) The Secretary shall establish an 
  advisory committee to be known as the Advisory Committee on Former 
   Prisoners of War (hereinafter in this section referred to as the 
  Committee). (2)(A) The members of the 
 Committee shall be appointed by the Secretary from the general public 
and shall include (i) appropriate representatives of veterans who 
   are former prisoners of war; (ii) individuals who are recognized 
authorities in fields pertinent to disabilities prevalent among former 
prisoners of war, including authorities in epidemiology, mental health, 
  nutrition, geriatrics, and internal medicine; and (iii) appropriate 
  representatives of disabled veterans. (B) The Committee shall also 
include, as ex officio members, the Under Secretary for Health and the 
  Under Secretary for Benefits, or their designees. (3) The Secretary 
shall determine the number, terms of service, and pay and allowances of 
 members of the Committee appointed by the Secretary, except that the 
term of service of any such member may not exceed three years. (b) The 
 Secretary shall, on a regular basis, consult with and seek the advice 
 of the Committee with respect to the administration of benefits under 
 this title for veterans who are former prisoners of war and the needs 
    of such veterans with respect to compensation, health care, and 
rehabilitation. (c)(1) Not later than July 1 of each odd-numbered year 
 through 2009, the Committee shall submit to the Secretary a report on 
the programs and activities of the Department that pertain to veterans 
 who are former prisoners of war. Each such report shall include 
    (A) an assessment of the needs of such veterans with respect to 
  compensation, health care, and rehabilitation; (B) a review of the 
programs and activities of the Department designed to meet such needs; 
      and (C) such recommendations (including recommendations for 
administrative and legislative action) as the Committee considers to be 
 appropriate. (2) The Secretary shall, within 60 days after receiving 
 each report under paragraph (1), submit to the Congress a copy of the 
   report, together with any comments concerning the report that the 
 Secretary considers appropriate. (3) The Committee may also submit to 
 the Secretary such other reports and recommendations as the Committee 
considers appropriate. (4) The Secretary shall submit with each annual 
report submitted to the Congress pursuant to section 529 of this title 
a summary of all reports and recommendations of the Committee submitted 
  to the Secretary since the previous annual report of the Secretary 
  submitted to the Congress pursuant to that section. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 392; amended Pub. L. 
 102 405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1984; Pub. L. 106419, title IV, Sec. 403(c)(2), Nov. 1, 2000, 
114 Stat. 1864; Pub. L. 108454, title VIII, Sec. 803, Dec. 10, 
  2004, 118 Stat. 3626.) ' 542. Advisory Committee on Women Veterans 
(a)(1) The Secretary shall establish an advisory committee to be known 
   as the Advisory Committee on Women Veterans (hereinafter in this 
 section referred to as the Committee). 
    (2)(A) The Committee shall consist of members appointed by the 
 Secretary from the general public, including (i) representatives 
 of women veterans; (ii) individuals who are recognized authorities in 
 fields pertinent to the needs of women veterans, including the gender-
  specific health-care needs of women; (iii) representatives of both 
female and male veterans with service-connected disabilities, including 
at least one female veteran with a service-connected disability and at 
 least one male veteran with a service-connected disability; and (iv) 
  women veterans who are recently separated from service in the Armed 
Forces. (B) The Committee shall include, as ex officio members (i) 
 the Secretary of Labor (or a representative of the Secretary of Labor 
   designated by the Secretary after consultation with the Assistant 
    Secretary of Labor for Veterans Employment); (ii) the 
 Secretary of Defense (or a representative of the Secretary of Defense 
  designated by the Secretary of Defense after consultation with the 
  Defense Advisory Committee on Women in the Services); and (iii) the 
  Under Secretary for Health and the Under Secretary for Benefits, or 
their designees. (C) The Secretary may invite representatives of other 
  departments and agencies of the United States to participate in the 
meetings and other activities of the Committee. (3) The Secretary shall 
   determine the number, terms of service, and pay and allowances of 
members of the Committee appointed by the Secretary, except that a term 
of service of any such member may not exceed three years. The Secretary 
may reappoint any such member for additional terms of service. (b) The 
 Secretary shall, on a regular basis, consult with and seek the advice 
of the Committee with respect to the administration of benefits by the 
Department for women veterans, reports and studies pertaining to women 
veterans and the needs of women veterans with respect to compensation, 
health care, rehabilitation, outreach, and other benefits and programs 
    administered by the Department, including the Center for Women 
Veterans. (c)(1) Not later than July 1 of each even-numbered year, the 
 Committee shall submit to the Secretary a report on the programs and 
activities of the Department that pertain to women veterans. Each such 
   report shall include (A) an assessment of the needs of women 
  veterans with respect to compensation, health care, rehabilitation, 
     outreach, and other benefits and programs administered by the 
    Department; (B) a review of the programs and activities of the 
 Department designed to meet such needs; and (C) such recommendations 
 (including recommendations for administrative and legislative action) 
as the Committee considers appropriate. (2) The Secretary shall, within 
60 days after receiving each report under paragraph (1), submit to the 
 Congress a copy of the report, together with any comments concerning 
the report that the Secretary considers appropriate. (3) The Committee 
may also submit to the Secretary such other reports and recommendations 
as the Committee considers appropriate. (4) The Secretary shall submit 
 with each annual report submitted to the Congress pursuant to section 
 529 of this title a summary of all reports and recommendations of the 
 Committee submitted to the Secretary since the previous annual report 
  of the Secretary submitted pursuant to such section. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 393; amended Pub. L. 
 102 405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984; Pub. L. 104275, title V,Sec. 501(e)(1), Oct. 9, 1996, 
110 Stat. 3341; Pub. L. 106419, title IV, Sec. 403(c)(3), Nov. 
  1, 2000, 114 Stat. 1864; Pub. L. 109444, Sec. 5, Dec. 21, 
 2006, 120 Stat. 3308; Pub. L. 109461, title II, Sec. 208(b), 
  title X, Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3413, 3468; Pub. L. 
 110387, title VIII, Sec. 808, Oct. 10, 2008, 122 Stat. 4141; 
Pub. L. 111163, title II, Sec. 204(a), May 5, 2010, 124 Stat. 
      1144.) ' 543. Advisory Committee on Prosthetics and Special-
   Disabilities Programs (a) There is in the Department an advisory 
 committee known as the Advisory Committee on Prosthetics and Special-
 Disabilities Programs (hereinafter in this section referred to as the 
Committee). (b) The objectives and scope 
of activities of the Committee shall relate to (1) prosthetics and 
 special-disabilities programs administered by the Secretary; (2) the 
  coordination of programs of the Department for the development and 
testing of, and for information exchange regarding, prosthetic devices; 
  (3) the coordination of Department and non-Department programs that 
involve the development and testing of prosthetic devices; and (4) the 
   adequacy of funding for the prosthetics and special-disabilities 
   programs of the Department. (c) The Secretary shall, on a regular 
basis, consult with and seek the advice of the Committee on the matters 
  described in subsection (b). (d) Not later than January 15 of 1993, 
  1994, and 1995, the Committee shall submit to the Secretary and the 
  Committees on Veterans Affairs of the Senate and House of 
 Representatives a report on the effectiveness of the prosthetics and 
special-disabilities programs administered by the Secretary during the 
 preceding fiscal year. Not more than 60 days after the date on which 
   any such report is received by the Secretary, the Secretary shall 
  submit a report to such committees commenting on the report of the 
 Committee. (e) As used in this section, the term special-
     disabilities programs includes all programs 
    administered by the Secretary for (1) spinal-cord-injured 
 veterans; (2) blind veterans; (3) veterans who have lost or lost the 
   use of extremities; (4) hearing-impaired veterans; and (5) other 
 veterans with serious incapacities in terms of daily life functions. 
(Added Pub. L. 102405, title I, Sec. 105(b)(1), Oct. 9, 1992, 
106 Stat. 1975.) ' 544. Advisory Committee on Minority Veterans (a)(1) 
The Secretary shall establish an advisory committee to be known as the 
 Advisory Committee on Minority Veterans (hereinafter in this section 
referred to as the Committee). (2)(A) The 
Committee shall consist of members appointed by the Secretary from the 
general public, including (i) representatives of veterans who are 
minority group members; (ii) individuals who are recognized authorities 
  in fields pertinent to the needs of veterans who are minority group 
  members; (iii) veterans who are minority group members and who have 
 experience in a military theater of operations; (iv) veterans who are 
  minority group members and who do not have such experience; and (v) 
    women veterans who are minority group members and are recently 
  separated from service in the Armed Forces. (B) The Committee shall 
  include, as ex officio members, the following: (i) The Secretary of 
Labor (or a representative of the Secretary of Labor designated by the 
Secretary after consultation with the Assistant Secretary of Labor for 
  Veterans Employment). (ii) The Secretary of Defense (or a 
representative of the Secretary of Defense designated by the Secretary 
 of Defense). (iii) The Secretary of the Interior (or a representative 
  of the Secretary of the Interior designated by the Secretary of the 
 Interior). (iv) The Secretary of Commerce (or a representative of the 
Secretary of Commerce designated by the Secretary of Commerce). (v) The 
  Secretary of Health and Human Services (or a representative of the 
 Secretary of Health and Human Services designated by the Secretary of 
Health and Human Services). (vi) The Under Secretary for Health and the 
Under Secretary for Benefits, or their designees. (C) The Secretary may 
invite representatives of other departments and agencies of the United 
   States to participate in the meetings and other activities of the 
   Committee. (3) The Secretary shall determine the number, terms of 
 service, and pay and allowances of members of the Committee appointed 
by the Secretary, except that a term of service of any such member may 
not exceed three years. The Secretary may reappoint any such member for 
 additional terms of service. (4) The Committee shall meet as often as 
 the Secretary considers necessary or appropriate, but not less often 
  than twice each fiscal year. (b) The Secretary shall, on a regular 
 basis, consult with and seek the advice of the Committee with respect 
 to the administration of benefits by the Department for veterans who 
  are minority group members, reports and studies pertaining to such 
 veterans and the needs of such veterans with respect to compensation, 
health care, rehabilitation, outreach, and other benefits and programs 
   administered by the Department, including the Center for Minority 
  Veterans. (c)(1) Not later than July 1 of each year, the Committee 
 shall submit to the Secretary a report on the programs and activities 
   of the Department that pertain to veterans who are minority group 
 members. Each such report shall include (A) an assessment of the 
   needs of veterans who are minority group members with respect to 
compensation, health care, rehabilitation, outreach, and other benefits 
   and programs administered by the Department; (B) a review of the 
programs and activities of the Department designed to meet such needs; 
      and (C) such recommendations (including recommendations for 
   administrative and legislative action) as the Committee considers 
 appropriate. (2) The Secretary shall, within 60 days after receiving 
   each report under paragraph (1), submit to Congress a copy of the 
   report, together with any comments concerning the report that the 
 Secretary considers appropriate. (3) The Committee may also submit to 
 the Secretary such other reports and recommendations as the Committee 
considers appropriate. (4) The Secretary shall submit with each annual 
report submitted to the Congress pursuant to section 529 of this title 
a summary of all reports and recommendations of the Committee submitted 
  to the Secretary since the previous annual report of the Secretary 
   submitted pursuant to such section. (d) In this section, the term 
minority group member means an individual 
  who is (1) Asian American; (2) Black; (3) Hispanic; (4) Native 
    American (including American Indian, Alaskan Native, and Native 
 Hawaiian); or (5) Pacific-Islander American. (e) The Committee shall 
cease to exist December 31, 2014. (Added Pub. L. 103446, title 
     V, Sec. 510(a), Nov. 2, 1994, 108 Stat. 4668; amended Pub. L. 
104275, title V, Sec. 501(e)(2), (f), Oct. 9, 1996, 110 Stat. 
3341; Pub. L. 106117, title VIII, Sec. 803, Nov. 30, 1999, 113 
  Stat. 1586; Pub. L. 108183, title VII, Sec. 703, Dec. 16, 
 2003, 117 Stat. 2671; Pub. L. 110389, title VIII, Sec. 808, 
Oct. 10, 2008, 122 Stat. 4189; Pub. L. 111163, title II, Sec. 
204(b), May 5, 2010, 124 Stat. 1144.) ' 545. Advisory Committee on the 
Readjustment of Veterans (a)(1) There is in the Department the Advisory 
Committee on the Readjustment of Veterans (hereinafter in this section 
 referred to as the Committee). (2) The 
 Committee shall consist of not more than 18 members appointed by the 
    Secretary from among individuals who (A) have demonstrated 
significant civic or professional achievement; and (B) have experience 
with the provision of veterans benefits and services by the Department. 
 (3) The Secretary shall seek to ensure that members appointed to the 
 Committee include individuals from a wide variety of geographic areas 
       and ethnic backgrounds, individuals from veterans service 
 organizations, individuals with combat experience, and women. (4) The 
 Secretary shall determine the terms of service and pay and allowances 
of the members of the Committee, except that a term of service may not 
exceed two years. The Secretary may reappoint any member for additional 
   terms of service. (b)(1) The Secretary shall, on a regular basis, 
 consult with and seek the advice of the Committee with respect to the 
  provision by the Department of benefits and services to veterans in 
 order to assist veterans in the readjustment to civilian life. (2)(A) 
    In providing advice to the Secretary under this subsection, the 
 Committee shall (i) assemble and review information relating to 
  the needs of veterans in readjusting to civilian life; (ii) provide 
   information relating to the nature and character of psychological 
problems arising from service in the Armed Forces; (iii) provide an on-
 going assessment of the effectiveness of the policies, organizational 
  structures, and services of the Department in assisting veterans in 
 readjusting to civilian life; and (iv) provide on-going advice on the 
   most appropriate means of responding to the readjustment needs of 
     veterans in the future. (B) In carrying out its duties under 
  subparagraph (A), the Committee shall take into special account the 
 needs of veterans who have served in a theater of combat operations. 
(c)(1) Not later than March 31 of each year, the Committee shall submit 
    to the Secretary a report on the programs and activities of the 
  Department that relate to the readjustment of veterans to civilian 
  life. Each such report shall include (A) an assessment of the 
needs of veterans with respect to readjustment to civilian life; (B) a 
  review of the programs and activities of the Department designed to 
       meet such needs; and (C) such recommendations (including 
   recommendations for administrative and legislative action) as the 
 Committee considers appropriate. (2) Not later than 90 days after the 
 receipt of a report under paragraph (1), the Secretary shall transmit 
to the Committees on Veterans Affairs of the Senate and House 
of Representatives a copy of the report, together with any comments and 
  recommendations concerning the report that the Secretary considers 
 appropriate. (3) The Committee may also submit to the Secretary such 
     other reports and recommendations as the Committee considers 
  appropriate. (4) The Secretary shall submit with each annual report 
   submitted to the Congress pursuant to section 529 of this title a 
 summary of all reports and recommendations of the Committee submitted 
  to the Secretary since the previous annual report of the Secretary 
   submitted pursuant to that section. (d)(1) Except as provided in 
paragraph (2), the provisions of the Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the activities of the Committee under this 
 section. (2) Section 14 of such Act shall not apply to the Committee. 
  (Added Pub. L. 104262, title III, Sec. 333(a)(1), Oct. 9, 
 1996, 110 Stat. 3199; amended Pub. L. 10714, Sec. 8(a)(16), 
 June 5, 2001, 115 Stat. 35.) ' 546. Advisory Committee on Disability 
Compensation (a) ESTABLISHMENT.(1) There is in the Department the 
Advisory Committee on Disability Compensation (in this section referred 
 to as the Committee). (2) The Committee 
 shall consist of not more than 18 members appointed by the Secretary 
from among individuals who (A) have experience with the provision 
   of disability compensation by the Department; or (B) are leading 
  medical or scientific experts in relevant fields. (3)(A) Except as 
 provided in subparagraph (B), the Secretary shall determine the terms 
of service and pay and allowances of the members of the Committee. (B) 
 A term of service may not exceed four years and shall be staggered to 
ensure that the dates for the termination of the members terms 
 are not all the same. (C) The Secretary may reappoint any member for 
one or more additional terms of service. (4) The Secretary shall select 
 a Chair from among the members of the Committee. (b) RESPONSIBILITIES 
OF COMMITTEE.(1) The Secretary shall, on a regular basis, consult 
     with and seek the advice of the Committee with respect to the 
   maintenance and periodic readjustment of the schedule for rating 
  disabilities under section 1155 of this title. (2)(A) In providing 
advice to the Secretary under this subsection, the Committee shall 
 (i) assemble and review relevant information relating to the needs of 
 veterans with disabilities; (ii) provide information relating to the 
nature and character of disabilities arising from service in the Armed 
 Forces; (iii) provide an on-going assessment of the effectiveness of 
the schedule for rating disabilities; and (iv) provide on-going advice 
 on the most appropriate means of responding to the needs of veterans 
relating to disability compensation in the future. (B) In carrying out 
   its duties under subparagraph (A), the Committee shall take into 
 special account the needs of veterans who have served in a theater of 
 combat operations. (c) RESOURCES.The Secretary shall ensure that 
appropriate personnel, funding, and other resources are provided to the 
 Committee to carry out its responsibilities. (d) BIENNIAL REPORTS TO 
 THE SECRETARY.(1) Not later than October 31, 2010, and not less 
frequently than every two years thereafter, the Committee shall submit 
    to the Secretary a report on the programs and activities of the 
Department that relate to the payment of disability compensation. Each 
   such report shall include (A) an assessment of the needs of 
    veterans with respect to disability compensation; and (B) such 
   recommendations (including recommendations for administrative or 
  legislative action) as the Committee considers appropriate. (2) The 
     Committee may submit to the Secretary such other reports and 
 recommendations as the Committee considers appropriate. (e) BIENNIAL 
 REPORTS TO CONGRESS.(1) Not later than 90 days after the receipt 
   of a report required under subsection (d)(1), the Secretary shall 
 transmit to the Committee on Veterans Affairs of the Senate 
    and the Committee on Veterans Affairs of the House of 
Representatives a copy of such report, together with such comments and 
   recommendations concerning such report as the Secretary considers 
 appropriate. (2) The Secretary shall submit with each report required 
under paragraph (1) a summary of all reports and recommendations of the 
Committee submitted to the Secretary under subsection (d)(2) since the 
  previous report transmitted by the Secretary under paragraph (1) of 
   this subsection. (f) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
ACT.(1) Except as provided in paragraph (2), the provisions of the 
   Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the 
activities of the Committee under this section. (2) Section 14 of such 
 Act shall not apply to the Committee. (Added Pub. L. 110389, 
  title II, Sec. 214(a), Oct. 10, 2008, 122 Stat. 4152.) CHAPTER 7 OF 
 TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
   BENEFITS xPART IGENERAL PROVISIONS CHAPTER 
     7EMPLOYEES Sec. 701. Placement of employees in military 
  installations. 703. Miscellaneous authorities respecting employees. 
  705. Telephone service for medical officers and facility directors. 
 707. Benefits for employees at overseas offices who are United States 
 citizens. 709. Employment restrictions. 711. Grade reductions. [712. 
Repealed.] ' 701. Placement of employees in military installations The 
Secretary may place employees of the Department in such Army, Navy, and 
Air Force installations as may be considered advisable for the purpose 
  of adjudicating disability claims of, and giving aid and advice to, 
members of the Armed Forces who are about to be discharged or released 
      from active military, naval, or air service. (Added Pub. L. 
    10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 394.) ' 703. 
 Miscellaneous authorities respecting employees (a) The Secretary may 
   furnish and launder such wearing apparel as may be prescribed for 
    employees in the performance of their official duties. (b) The 
  Secretary may transport children of Department employees located at 
  isolated stations to and from school in available Government-owned 
   automotive equipment. (c) The Secretary may provide recreational 
    facilities, supplies, and equipment for the use of patients in 
 hospitals and employees in isolated installations. (d) The Secretary 
may provide for the preparation, shipment, installation, and display of 
  exhibits, photographic displays, moving pictures, and other visual 
 educational information and descriptive material. For the purposes of 
 the preceding sentence, the Secretary may purchase or rent equipment. 
(e) The Secretary may reimburse employees for the cost of repairing or 
 replacing their personal property damaged or destroyed by patients or 
domiciliary members while such employees are engaged in the performance 
 of their official duties. (f)(1) The Secretary, upon determining that 
an emergency situation exists and that such action is necessary for the 
effective conduct of the affairs of the Department, may use Government-
  owned, or leased, vehicles to transport employees to and from their 
place of employment and the nearest adequate public transportation or, 
73 if such public transportation is either unavailable or not feasible 
 to use, to and from their place of employment and their home. (2) The 
  Secretary shall establish reasonable rates to cover the cost of the 
  service rendered under this subsection, and all proceeds collected 
therefrom shall be applied to the applicable appropriation. (Added Pub. 
  L. 10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 394.) ' 705. 
   Telephone service for medical officers and facility directors The 
  Secretary may pay for official telephone service and rental in the 
field whenever incurred in case of official telephones for directors of 
  centers, hospitals, independent clinics, domiciliaries, and medical 
   officers of the Department where such telephones are installed in 
 private residences or private apartments or quarters, when authorized 
     under regulations prescribed by the Secretary. (Added Pub. L. 
    10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395.) ' 707. 
   Benefits for employees at overseas offices who are United States 
citizens (a) The Secretary may, under such rules and regulations as may 
  be prescribed by the President or the Presidents designee, 
 provide to personnel of the Department who are United States citizens 
  and are assigned by the Secretary to the Department offices in the 
 Republic of the Philippines allowances and benefits similar to those 
  provided by the following provisions of law: (1) Section 905 of the 
Foreign Service Act of 1980 (relating to allowances to provide for the 
proper representation of the United States). (2) Sections 901(1), (2), 
 (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service Act of 
1980 (relating to travel expenses). (3) Section 901(13) of the Foreign 
 Service Act of 1980 (relating to transportation of automobiles). (4) 
Section 903 of the Foreign Service Act of 1980 (relating to the return 
  of personnel to the United States on leave of absence). (5) Section 
904(d) of the Foreign Service Act of 1980 (relating to payments by the 
United States of expenses for treating illness or injury of officers or 
   employees and dependents requiring hospitalization). (6) Section 
 5724a(c) of title 5 (relating to subsistence expenses for 60 days in 
  connection with the return to the United States of the employee and 
  such employees immediate family). (7) Section 5724a(d) of 
    title 5 (relating to the sale and purchase of the residence or 
settlement of an unexpired lease of the employee when transferred from 
  one station to another station and both stations are in the United 
 States, its territories or possessions, or the Commonwealth of Puerto 
 Rico). (b) The authority in subsection (a) supplements, but is not in 
 lieu of, other allowances and benefits for overseas employees of the 
Department provided by title 5 and the Foreign Service Act of 1980 (22 
U.S.C. 3901 et seq.). (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 
 1991, 105 Stat. 395; amended Pub. L. 104 201, div. A, title 
    XVII, Sec. 1723(a)(2), Sept. 23, 1996, 110 Stat. 2759.) ' 709. 
Employment restrictions (a)(1) Notwithstanding section 3134(d) of title 
 5, the number of Senior Executive Service positions in the Department 
which are filled by noncareer appointees in any fiscal year may not at 
 any time exceed 5 percent of the average number of senior executives 
employed in Senior Executive Service positions in the Department during 
  the preceding fiscal year. (2) For purposes of this subsection, the 
   average number of senior executives employed in Senior Executive 
Service positions in the Department during a fiscal year shall be equal 
   to 25 percent of the sum of the total number of senior executives 
employed in Senior Executive Service positions in the Department on the 
    last day of each quarter of such fiscal year. (b) The number of 
positions in the Department which may be excepted from the competitive 
     service, on a temporary or permanent basis, because of their 
confidential or policy-determining character may not at any time exceed 
    the equivalent of 15 positions. (c)(1) Political affiliation or 
     activity may not be taken into account in connection with the 
appointment of any person to any position in or to perform any service 
for the Department or in the assignment or advancement of any employee 
 in the Department. (2) Paragraph (1) shall not apply (A) to the 
appointment of any person by the President under this title, other than 
the appointment of the Under Secretary for Health, the Under Secretary 
 for Benefits, and the Inspector General; or (B) to the appointment of 
 any person to (i) a Senior Executive Service position as a noncareer 
  appointee, or (ii) a position that is excepted from the competitive 
service, on a temporary or permanent basis, because of the confidential 
    or policy-determining character of the position. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395; amended Pub. L. 
 102 405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984.) ' 711. Grade reductions (a) The Secretary may not implement a 
grade reduction described in subsection (b) unless the Secretary first 
 submits to the Committees on Veterans Affairs of the Senate 
 and House of Representatives a report containing a detailed plan for 
 such reduction and a detailed justification for the plan. The report 
  shall include a determination by the Secretary (together with data 
 supporting such determination) that, in the personnel area concerned, 
the Department has a disproportionate number of employees at the salary 
 grade or grades selected for reduction in comparison to the number of 
  such employees at the salary levels involved who perform comparable 
 functions in other departments and agencies of the Federal Government 
  and in non-Federal entities. Any grade reduction described in such 
  report may not take effect until the end of a period of 90 calendar 
days (not including any day on which either House of Congress is not in 
 session) after the report is received by the committees. (b) A grade 
reduction referred to in subsection (a) is a systematic reduction, for 
    the purpose of reducing the average salary cost for Department 
employees described in subsection (c), in the number of such Department 
 employees at a specific grade level. (c) The employees referred to in 
subsection (b) are (1) health-care personnel who are determined by 
 the Secretary to be providing either direct patient-care services or 
services incident to direct patient-care services; (2) individuals who 
 meet the definition of professional employee as set forth in section 
    7103(a)(15) of title 5; and (3) individuals who are employed as 
    computer specialists. (d) Not later than the 45th day after the 
   Secretary submits a report under subsection (a), the Comptroller 
  General shall, upon request of either of such Committees, submit to 
  such committees a report on the Secretarys compliance with 
 such subsection. The Comptroller General shall include in the report 
  the Comptroller Generals opinion as to the accuracy of the 
  Secretarys determination (and of the data supporting such 
     determination) made under such subsection. (e) In the case of 
Department employees not described in subsection (c), the Secretary may 
not in any fiscal year implement a systematic reduction for the purpose 
of reducing the average salary cost for such Department employees that 
 will result in a reduction in the number of such Department employees 
  at any specific grade level at a rate greater than the rate of the 
  reductions systematically being made in the numbers of employees at 
 such grade level in all other agencies and departments of the Federal 
Government combined. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 
1991, 105 Stat. 396; amended Pub. L. 103 446, title XII, Sec. 
  1201(e)(5), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 104316, 
 title I, Sec. 119, Oct. 19, 1996, 110 Stat. 3836.) x' 712. Repealed. 
 Pub. L. 107103, title V, Sec. 509(a)(1), Dec. 27, 2001, 115 
   Stat. 997 CHAPTER 9 OF TITLE 38, UNITED STATES CODE [As 
  Amended Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART IGENERAL 
   PROVISIONS CHAPTER 9SECURITY AND LAW ENFORCEMENT ON 
 PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT Sec. 901. Authority 
   to prescribe rules for conduct and penalties for violations. 902. 
 Enforcement and arrest authority of Department police officers. 903. 
 Uniform allowance. 904. Equipment and weapons. 905. Use of facilities 
  and services of other law enforcement agencies. ' 901. Authority to 
  prescribe rules for conduct and penalties for violations (a)(1) The 
Secretary shall prescribe regulations to provide for the maintenance of 
law and order and the protection of persons and property on Department 
    property. (2) In this chapter, the term Department 
property means land and buildings that are under the 
    jurisdiction of the Department and are not under control of the 
Administrator of General Services. (b) Regulations under subsection (a) 
 shall include (1) rules for conduct on Department property; and 
 (2) the penalties, within the limits specified in subsection (c), for 
 violations of such rules. (c) Whoever violates any rule prescribed by 
 regulation under subsection (b)(1) shall be fined in accordance with 
title 18 or imprisoned not more than six months, or both. The Secretary 
 may prescribe by regulation a maximum fine less than that which would 
   otherwise apply under the preceding sentence or a maximum term of 
imprisonment of a shorter period than that which would otherwise apply 
under the preceding sentence, or both. Any such regulation shall apply 
   notwithstanding any provision of title 18 or any other law to the 
contrary. (d) The rules prescribed under subsection (a), together with 
      the penalties for violations of such rules, shall be posted 
conspicuously on property to which they apply. (e) The Secretary shall 
consult with the Attorney General before prescribing regulations under 
 this section. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 
     105 Stat. 397.) 79 ' 902. Enforcement and arrest authority of 
 Department police officers (a)(1) Employees of the Department who are 
  Department police officers shall, with respect to acts occurring on 
  Department property (A) enforce Federal laws; (B) enforce the 
 rules prescribed under section 901 of this title; (C) enforce traffic 
and motor vehicle laws of a State or local government (by issuance of a 
 citation for violation of such laws) within the jurisdiction of which 
 such Department property is located as authorized by an express grant 
    of authority under applicable State or local law; (D) carry the 
 appropriate Department-issued weapons, including firearms, while off 
  Department property in an official capacity or while in an official 
   travel status; (E) conduct investigations, on and off Department 
 property, of offenses that may have been committed on property under 
the original jurisdiction of Department, consistent with agreements or 
     other consultation with affected Federal, State, or local law 
enforcement agencies; and (F) carry out, as needed and appropriate, the 
   duties described in subparagraphs (A) through (E) when engaged in 
duties authorized by other Federal statutes. (2) Subject to regulations 
 prescribed under subsection (b), a Department police officer may make 
arrests on Department property for a violation of a Federal law or any 
 rule prescribed under section 901(a) of this title, and on any arrest 
warrant issued by competent judicial authority. (b) The Secretary shall 
prescribe regulations with respect to Department police officers. Such 
    regulations shall include (1) policies with respect to the 
 exercise by Department police officers of the enforcement and arrest 
  authorities provided by this section; (2) the scope and duration of 
    training that is required for Department police officers, with 
particular emphasis on dealing with situations involving patients; and 
(3) rules limiting the carrying and use of weapons by Department police 
    officers. (c) The powers granted to Department police officers 
  designated under this section shall be exercised in accordance with 
  guidelines approved by the Secretary and the Attorney General. (d) 
 Rates of basic pay for Department police officers may be increased by 
    the Secretary under section 7455 of this title. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 397; amended Pub. L. 
 111 163, title X, Sec. 1001, May 5, 2010, 124 Stat. 1181.) ' 
  903. Uniform allowance (a) The Secretary may pay an allowance under 
  this section for the purchase of uniforms to any Department police 
officer who is required to wear a prescribed uniform in the performance 
    of official duties. (b)(1) The amount of the allowance that the 
  Secretary may pay under this section is the lesser of (A) the 
   amount currently allowed as prescribed by the Office of Personnel 
  Management; or (B) estimated costs or actual costs as determined by 
  periodic surveys conducted by the Department. (2) During any fiscal 
   year no officer shall receive more for the purchase of a uniform 
  described in subsection (a) than the amount established under this 
subsection. (c) The allowance established under subsection (b) shall be 
    paid at the beginning of a Department police officers 
employment for those appointed on or after October 1, 2010. In the case 
  of any other Department police officer, an allowance in the amount 
established under subsection (b) shall be paid upon the request of the 
officer. (d) A police officer who resigns as a police officer less than 
 one year after receiving an allowance in an amount established under 
  this section shall repay to the Department a pro rata share of the 
  amount paid, based on the number of months the officer was actually 
 employed as such an officer during the twelve-month period following 
  the date on which such officer began such employment or the date on 
  which the officer submitted a request for such an allowance, as the 
 case may be. (e) An allowance may not be paid to a Department police 
 officer under this section and under section 5901 of title 5 for the 
  same fiscal year. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 
 1991, 105 Stat. 398; amended Pub. L. 111 163, title X, Sec. 
 1002, May 5, 2010, 124 Stat. 1182.) ' 904. Equipment and weapons The 
 Secretary shall furnish Department police officers with such weapons 
 and related equipment as the Secretary determines to be necessary and 
 appropriate. (Added Pub. L. 10283, Sec. 2(a), Aug. 6, 1991, 
  105 Stat. 399.) ' 905. Use of facilities and services of other law 
  enforcement agencies With the permission of the head of the agency 
    concerned, the Secretary may use the facilities and services of 
     Federal, State, and local law enforcement agencies when it is 
    economical and in the public interest to do so. (Added Pub. L. 
10283, Sec. 2(a), Aug. 6, 1991, 105 Stat. 399.) CHAPTER 11 OF 
 TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
    BENEFITS PART IIGENERAL BENEFITS Chapter Sec. 11. 
        Compensation for Service-Connected Disability or Death 
........................................................................
    .... 1101 13. Dependency and Indemnity Compensation for Service-
  Connected Deaths .................................................. 
 1301 15. Pension for Non-Service-Connected Disability or Death or for 
 Service .................................................... 1501 17. 
         Hospital, Nursing Home, Domiciliary, and Medical Care 
........................................................................
 ...... 1701 18. Benefits for Children of Vietnam Veterans and Certain 
  Other Veterans .................................................... 
                          1802 19. Insurance 
........................................................................
               . 1901 20. Benefits for Homeless Veterans 
   ..................................... 2001 21. Specially Adapted 
    Housing for Disabled Veterans ....... 2101 23. Burial Benefits 
 ................................................................ 2301 
  24. National Cemeteries and Memorials ............................. 
2400 85 CHAPTER 11COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR 
 DEATH SUBCHAPTER IGENERAL Sec. 1101. Definitions. 1102. Special 
  provisions relating to surviving spouses. 1103. Special provisions 
 relating to claims based upon effects of tobacco products. 1104. Cost-
      of-living-adjustments. SUBCHAPTER IIWARTIME DISABILITY 
   COMPENSATION 1110. Basic entitlement. 1111. Presumption of sound 
    condition. 1112. Presumptions relating to certain diseases and 
  disabilities. 1113. Presumptions rebuttable. 1114. Rates of wartime 
disability compensation. 1115. Additional compensation for dependents. 
 1116. Presumptions of service connection for diseases associated with 
   exposure to certain herbicide agents; presumption of exposure for 
veterans who served in the Republic of Vietnam. 1117. Compensation for 
disabilities occurring in Persian Gulf War veterans. 1118. Presumptions 
  of service connection for illnesses associated with service in the 
 Persian Gulf during the Persian Gulf War. SUBCHAPTER IIIWARTIME 
  DEATH COMPENSATION 1121. Basic entitlement. 1122. Rates of wartime 
death compensation. SUBCHAPTER IVPEACETIME DISABILITY COMPENSATION 
 1131. Basic entitlement. 1132. Presumption of sound condition. 1133. 
  Presumptions relating to certain diseases. 1134. Rates of peacetime 
disability compensation. 1135. Additional compensation for dependents. 
      1137. Wartime presumptions for certain veterans. SUBCHAPTER 
VPEACETIME DEATH COMPENSATION 1141. Basic entitlement. 1142. Rates 
of peacetime death compensation. SUBCHAPTER VIGENERAL COMPENSATION 
    PROVISIONS 1151. Benefits for persons disabled by treatment or 
     vocational rehabilitation. 1152. Persons heretofore having a 
   compensable status. 1153. Aggravation. 1154. Consideration to be 
accorded time, place, and circumstances of service. 1155. Authority for 
 schedule for rating disabilities. 1156. Temporary disability ratings. 
   1157. Combination of certain ratings. 1158. Disappearance. 1159. 
   Protection of service connection. 1160. Special consideration for 
certain cases of loss of paired organs or extremities. 1161. Payment of 
 disability compensation in disability severance cases. 1162. Clothing 
 allowance. 1163. Trial work periods and vocational rehabilitation for 
     certain veterans with total disability ratings. 87 SUBCHAPTER 
IGENERAL ' 1101. Definitions For the purposes of this chapter 
 (1) The term veteran includes a person 
 who died in the active military, naval, or air service. (2) The term 
 period of war includes, in the case of 
 any veteran (A) any period of service performed by such veteran 
   after November 11, 1918, and before July 2, 1921, if such veteran 
  served in the active military, naval, or air service after April 5, 
 1917, and before November 12, 1918; and (B) any period of continuous 
 service performed by such veteran after December 31, 1946, and before 
  July 26, 1947, if such period began before January 1, 1947. (3) The 
   term chronic disease includes 
    Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive 
 muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of 
   the kidney, bladder, or gallbladder Cardiovascular-renal disease, 
   including hypertension Cirrhosis of the liver Coccidioidomycosis 
   Diabetes mellitus Encephalitis lethargica residuals Endocarditis 
Endocrinopathies Epilepsies Hansens disease Hodgkins 
   disease Leukemia Lupus erythematosus, systemic Myasthenia gravis 
 Myelitis Myocarditis Nephritis Organic diseases of the nervous system 
Osteitis deformans (Pagets disease) Osteomalacia Palsy, bulbar 
      Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic 
     Raynauds disease Sarcoidosis Scleroderma Sclerosis, 
 amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis 
  obliterans (Buergers disease) Tuberculosis, active Tumors, 
malignant, or of the brain or spinal cord or peripheral nerves Ulcers, 
  peptic (gastric or duodenal) and such other chronic diseases as the 
   Secretary may add to this list. (4) The term tropical 
  disease includes Amebiasis Blackwater fever 
  Cholera Dracontiasis Dysentery Filiariasis Hansens disease 
Leishmaniasis, including kala-azar Loiasis Malaria Onchocerciasis Oroya 
  fever Pinta Plague Schistosomiasis Yaws Yellow fever and such other 
   tropical diseases as the Secretary may add to this list. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1118, Sec. 301; Pub. L. 
94433, title IV, Sec. 401(2), (3), 404(1), Sept. 30, 1976, 90 
Stat. 1377, 1378; Pub. L. 98160, title VII, Sec. 702(2), Nov. 
21, 1983, 97 Stat. 1009; Pub. L. 100322, title III, Sec. 313, 
 May 20, 1988, 102 Stat. 535; renumbered Sec. 1101 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
  404406.) ' 1102. Special provisions relating to surviving 
spouses (a) No compensation shall be paid to the surviving spouse of a 
veteran under this chapter unless such surviving spouse was married to 
such veteran (1) before the expiration of fifteen years after the 
  termination of the period of service in which the injury or disease 
causing the death of the veteran was incurred or aggravated; or (2) for 
one year or more; or (3) for any period of time if a child was born of 
 the marriage, or was born to them before the marriage. (b) Subsection 
 (a) shall not be applicable to any surviving spouse who, with respect 
  to date of marriage, could have qualified as a surviving spouse for 
   death compensation under any law administered by the Secretary in 
effect on December 31, 1957. (Pub. L. 85857, Sept. 2, 1958, 72 
 Stat. 1119, Sec. 302; Pub. L. 86491, June 8, 1960, 74 Stat. 
  161; Pub. L. 9077, title I, Sec. 101(a), Aug. 31, 1967, 81 
 Stat. 178; Pub. L. 94433, title IV, Sec. 404(2)(4), 
Sept. 30, 1976, 90 Stat. 1378; renumbered Sec. 1102 and amended Pub. L. 
10283, Sec. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.) 
  ' 1103. Special provisions relating to claims based upon effects of 
  tobacco products (a) Notwithstanding any other provision of law, a 
 veterans disability or death shall not be considered to have 
  resulted from personal injury suffered or disease contracted in the 
line of duty in the active military, naval, or air service for purposes 
  of this title on the basis that it resulted from injury or disease 
 attributable to the use of tobacco products by the veteran during the 
   veterans service. (b) Nothing in subsection (a) shall be 
  construed as precluding the establishment of service connection for 
 disability or death from a disease or injury which is otherwise shown 
 to have been incurred or aggravated in active military, naval, or air 
service or which became manifest to the requisite degree of disability 
 during any applicable presumptive period specified in section 1112 or 
 1116 of this title. (Added Pub. L. 105178, title VIII, Sec. 
 8202(a)(1), as added Pub. L. 105206, title IX, Sec. 9014(a), 
 July 22, 1998, 112 Stat. 865.) ' 1104. Cost-of-living adjustments (a) 
In the computation of cost-of-living adjustments for fiscal years 1998 
  through 2013 in the rates of, and dollar limitations applicable to, 
compensation payable under this chapter, such adjustments shall be made 
 by a uniform percentage that is no more than the percentage equal to 
 the social security increase for that fiscal year, with all increased 
     monthly rates and limitations (other than increased rates or 
 limitations equal to a whole dollar amount) rounded down to the next 
 lower whole dollar amount. (b) For purposes of this section, the term 
   social security increase means the 
   percentage by which benefit amounts payable under title II of the 
   Social Security Act (42 U.S.C. 401 et seq.) are increased for any 
fiscal year as a result of a determination under section 215(i) of such 
Act (42 U.S.C. 415(i)). (Added Pub. L. 10533, title VIII, Sec. 
  8031(a)(1), Aug. 5, 1997, 111 Stat. 668, Sec. 1103; renumbered Sec. 
 1104, Pub. L. 105368, title X, Sec. 1005(a), Nov. 11, 1998, 
 112 Stat. 3364; amended Pub. L. 107103, title II, Sec. 205, 
Dec. 27, 2001, 115 Stat. 990; Pub. L. 108183, title VII, Sec. 
    706, Dec. 16, 2003, 117 Stat. 2672.) SUBCHAPTER IIWARTIME 
   DISABILITY COMPENSATION ' 1110. Basic entitlement For disability 
 resulting from personal injury suffered or disease contracted in line 
of duty, or for aggravation of a preexisting injury suffered or disease 
   contracted in line of duty, in the active military, naval, or air 
  service, during a period of war, the United States will pay to any 
    veteran thus disabled and who was discharged or released under 
conditions other than dishonorable from the period of service in which 
 said injury or disease was incurred, or preexisting injury or disease 
  was aggravated, compensation as provided in this subchapter, but no 
    compensation shall be paid if the disability is a result of the 
veterans own willful misconduct or abuse of alcohol or drugs. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, Sec. 310; Pub. 
  L. 101508, title VIII, Sec. 8052(a)(2), Nov. 5, 1990, 104 
 Stat. 1388351; renumbered Sec. 1110, Pub. L. 10283, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105178, title 
       VIII, Sec. 8202(a), June 9, 1998, 112 Stat. 492; Pub. L. 
105206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865.) 
' 1111. Presumption of sound condition For the purposes of section 1110 
   of this title, every veteran shall be taken to have been in sound 
condition when examined, accepted, and enrolled for service, except as 
    to defects, infirmities, or disorders noted at the time of the 
      examination, acceptance, and enrollment, or where clear and 
 unmistakable evidence demonstrates that the injury or disease existed 
    before acceptance and enrollment and was not aggravated by such 
 service. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, Sec. 
  311; renumbered Sec. 1111 and amended Pub. L. 10283, Sec. 
   5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 1112. Presumptions 
 relating to certain diseases and disabilities (a) For the purposes of 
 section 1110 of this title, and subject to the provisions of section 
 1113 of this title, in the case of any veteran who served for ninety 
days or more during a period of war (1) a chronic disease becoming 
  manifest to a degree of 10 percent or more within one year from the 
 date of separation from such service; (2) a tropical disease, and the 
    resultant disorders or disease originating because of therapy, 
  administered in connection with such diseases, or as a preventative 
thereof, becoming manifest to a degree of 10 percent or more within one 
 year from the date of separation from such service, or at a time when 
  standard or accepted treatises indicate that the incubation period 
 thereof commenced during such service; (3) active tuberculous disease 
developing a 10 percent degree of disability or more within three years 
 from the date of separation from such service; (4) multiple sclerosis 
developing a 10 percent degree of disability or more within seven years 
  from the date of separation from such service; (5) Hansens 
  disease developing a 10 percent degree of disability or more within 
  three years from the date of separation from such service; shall be 
  considered to have been incurred in or aggravated by such service, 
 notwithstanding there is no record of evidence of such disease during 
the period of service. (b)(1) For the purposes of section 1110 of this 
 title and subject to the provisions of section 1113 of this title, in 
   the case of a veteran who is a former prisoner of war (A) a 
disease specified in paragraph (2) which became manifest to a degree of 
 10 percent or more after active military, naval, or air service shall 
 be considered to have been incurred in or aggravated by such service, 
  notwithstanding that there is no record of such disease during the 
period of service; and (B) if the veteran was detained or interned as a 
 prisoner of war for not less than thirty days, a disease specified in 
 paragraph (3) which became manifest to a degree of 10 percent or more 
  after active military, naval, or air service shall be considered to 
 have been incurred in or aggravated by such service, notwithstanding 
 that there is no record of such disease during the period of service. 
  (2) The diseases specified in this paragraph are the following: (A) 
 Psychosis. (B) Any of the anxiety states. (C) Dysthymic disorder (or 
   depressive neurosis). (D) Organic residuals of frostbite, if the 
   Secretary determines that the veteran was detained or interned in 
 climatic conditions consistent with the occurrence of frostbite. (E) 
   Post-traumatic osteoarthritis. (F) Osteoporosis, if the Secretary 
determines that the veteran has post-traumatic stress disorder (PTSD). 
  (3) The diseases specified in this paragraph are the following: (A) 
  Avitaminosis. (B) Beriberi (including beriberi heart disease). (C) 
Chronic dysentery. (D) Helminthiasis. (E) Malnutrition (including optic 
  atrophy associated with malnutrition). (F) Pellagra. (G) Any other 
  nutritional deficiency. (H) Cirrhosis of the liver. (I) Peripheral 
  neuropathy except where directly related to infectious causes. (J) 
Irritable bowel syndrome. (K) Peptic ulcer disease. (L) Atherosclerotic 
heart disease or hypertensive vascular disease (including hypertensive 
     heart disease) and their complications (including myocardial 
 infarction, congestive heart failure and arrhythmia). (M) Stroke and 
  its complications. (c)(1) For the purposes of section 1110 of this 
 title, and subject to the provisions of section 1113 of this title, a 
disease specified in paragraph (2) of this subsection becoming manifest 
    in a radiation-exposed veteran shall be considered to have been 
    incurred in or aggravated during active military, naval, or air 
 service, notwithstanding that there is no record of evidence of such 
 disease during a period of such service. (2) The diseases referred to 
  in paragraph (1) of this subsection are the following: (A) Leukemia 
 (other than chronic lymphocytic leukemia). (B) Cancer of the thyroid. 
(C) Cancer of the breast. (D) Cancer of the pharynx. (E) Cancer of the 
     esophagus. (F) Cancer of the stomach. (G) Cancer of the small 
   intestine. (H) Cancer of the pancreas. (I) Multiple myeloma. (J) 
 Lymphomas (except Hodgkins disease). (K) Cancer of the bile 
ducts. (L) Cancer of the gall bladder. (M) Primary liver cancer (except 
 if cirrhosis or hepatitis B is indicated). (N) Cancer of the salivary 
    gland. (O) Cancer of the urinary tract. (P) Bronchiolo-alveolar 
carcinoma. (Q) Cancer of the bone. (R) Cancer of the brain. (S) Cancer 
of the colon. (T) Cancer of the lung. (U) Cancer of the ovary. (3) For 
  the purposes of this subsection: (A) The term radiation-
   exposed veteran means (i) a veteran who, while 
 serving on active duty, participated in a radiation-risk activity, or 
 (ii) an individual who, while a member of a reserve component of the 
Armed Forces, participated in a radiation-risk activity during a period 
  of active duty for training or inactive duty training. (B) The term 
radiation-risk activity means any of the 
following: (i) Onsite participation in a test involving the atmospheric 
 detonation of a nuclear device (without regard to whether the nation 
conducting the test was the United States or another nation). (ii) The 
  occupation of Hiroshima or Nagasaki, Japan, by United States forces 
 during the period beginning on August 6, 1945, and ending on July 1, 
   1946. (iii) Internment as prisoner of war in Japan (or service on 
  active duty in Japan immediately following such internment) during 
  World War II which (as determined by the Secretary) resulted in an 
 opportunity for exposure to ionizing radiation comparable to that of 
veterans described in clause (ii) of this subparagraph. (iv) Service in 
  a capacity which, if performed as an employee of the Department of 
 Energy, would qualify the individual for inclusion as a member of the 
Special Exposure Cohort under section 3621(14) of the Energy Employees 
   Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 
  7384l(14)). (4) A radiation-exposed veteran who receives a payment 
under the provisions of the Radiation Exposure Compensation Act of 1990 
 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt 
 of that payment, of receipt of compensation to which that veteran is 
 entitled by reason of paragraph (1), but there shall be deducted from 
payment of such compensation the amount of the payment under that Act. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1120, Sec. 312; Pub. 
L. 86187, Aug. 25, 1959, 73 Stat. 418; Pub. L. 86188, 
 Aug. 25, 1959, 73 Stat. 418; Pub. L. 87645, Sec. 3, Sept. 7, 
 1962, 76 Stat. 442; Pub. L. 91376, Sec. 3(a), (b), Aug. 12, 
  1970, 84 Stat. 788, 789; Pub. L. 9737, Sec. 4(a), Aug. 14, 
1981, 95 Stat. 936; Pub. L. 98 223, title I, Sec. 101(c), 111, 
 Mar. 2, 1984, 98 Stat. 38, 40; Pub. L. 99576, title I, Sec. 
 108(a), Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100321, Sec. 
2(a), May 20, 1988, 102 Stat. 485; Pub. L. 100322, title III, 
Sec. 312, May 20, 1988, 102 Stat. 534; renumbered Sec. 1112 and amended 
  Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 404406; Pub. L. 10286, title I, Sec. 
  104(a), 105, Aug. 14, 1991, 105 Stat. 415; Pub. L. 102578, 
  Sec. 2(a), Oct. 30, 1992, 106 Stat. 4774; Pub. L. 103446, 
      title V, Sec. 501(a), Nov. 2, 1994, 108 Stat. 4663; Pub. L. 
106117, title V, Sec. 503, Nov. 30, 1999, 113 Stat. 1575; Pub. 
L. 108183, title II, Sec. 201, Dec. 16, 2003, 117 Stat. 2656; 
Pub. L. 108454, title III, Secs. 302(a), 306(a), (b), Dec. 10, 
  2004, 118 Stat. 3610, 3612; Pub. L. 109233, title IV, Sec. 
 401, June 15, 2006, 120 Stat. 407; Pub. L. 110389, title I, 
    Sec. 106, Oct. 10, 2008, 122 Stat. 4149.) ' 1113. Presumptions 
rebuttable (a) Where there is affirmative evidence to the contrary, or 
evidence to establish that an intercurrent injury or disease which is a 
  recognized cause of any of the diseases or disabilities within the 
 purview of section 1112, 1116, 1117, or 1118 of this title, has been 
 suffered between the date of separation from service and the onset of 
  any such diseases or disabilities, or the disability is due to the 
 veterans own willful misconduct, service-connection pursuant 
     to section 1112, 1116, or 1118 of this title, or payments of 
  compensation pursuant to section 1117 of this title, will not be in 
order. (b) Nothing in section 1112, 1116, 1117, or 1118 of this title, 
      subsection (a) of this section, or section 5 of Public Law 
98542 (38 U.S.C. 1154 note) shall be construed to prevent the 
 granting of service-connection for any disease or disorder otherwise 
   shown by sound judgment to have been incurred in or aggravated by 
active military, naval, or air service. (Pub. L. 85857, Sept. 
  2, 1958, 72 Stat. 1120, Sec. 313; Pub. L. 1024, Sec. 2(b), 
 Feb. 6, 1991, 105 Stat. 13; renumbered Sec. 1113 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
103446, title I, Sec. 106(b), title V, Sec. 501(b)(1), Nov. 2, 
1994, 108 Stat. 4651, 4663; Pub. L. 105277, div. C, title XVI, 
Sec. 1602(b), Oct. 21, 1998, 112 Stat. 2681744.) ' 1114. Rates 
of wartime disability compensation For the purposes of section 1110 of 
this title (a) if and while the disability is rated 10 percent the 
monthly compensation shall be $123; (b) if and while the disability is 
  rated 20 percent the monthly compensation shall be $243; (c) if and 
while the disability is rated 30 percent the monthly compensation shall 
   be $376; (d) if and while the disability is rated 40 percent the 
monthly compensation shall be $541; (e) if and while the disability is 
  rated 50 percent the monthly compensation shall be $770; (f) if and 
while the disability is rated 60 percent the monthly compensation shall 
   be $974; (g) if and while the disability is rated 70 percent the 
 monthly compensation shall be $1,228; (h) if and while the disability 
 is rated 80 percent the monthly compensation shall be $1,427; (i) if 
 and while the disability is rated 90 percent the monthly compensation 
shall be $1,604; (j) if and while the disability is rated as total the 
monthly compensation shall be $2,673; (k) if the veteran, as the result 
 of service-connected disability, has suffered the anatomical loss or 
 loss of use of one or more creative organs, or one foot, or one hand, 
     or both buttocks, or blindness of one eye, having only light 
    perception, has suffered complete organic aphonia with constant 
 inability to communicate by speech, or deafness of both ears, having 
absence of air and bone conduction, or, in the case of a woman veteran, 
has suffered the anatomical loss of 25 percent or more of tissue from a 
    single breast or both breasts in combination (including loss by 
 mastectomy or partial mastectomy) or has received radiation treatment 
 of breast tissue, the rate of compensation therefor shall be $96 per 
   month for each such loss or loss of use independent of any other 
compensation provided in subsections (a) through (j) or subsection (s) 
of this section but in no event to exceed $3,327 per month; and in the 
    event the veteran has suffered one or more of the disabilities 
heretofore specified in this subsection, in addition to the requirement 
 for any of the rates specified in subsections (l) through (n) of this 
 section, the rate of compensation shall be increased by $96 per month 
for each such loss or loss of use, but in no event to exceed $4,667 per 
     month; (l) if the veteran, as the result of service-connected 
  disability, has suffered the anatomical loss or loss of use of both 
feet, or of one hand and one foot, or is blind in both eyes, with 5/200 
    visual acuity or less, or is permanently bedridden or with such 
     significant disabilities as to be in need of regular aid and 
   attendance, the monthly compensation shall be $3,327; (m) if the 
 veteran, as the result of service-connected disability, has suffered 
the anatomical loss or loss of use of both hands, or of both legs at a 
   level, or with complications, preventing natural knee action with 
   prostheses in place, or of one arm and one leg at levels, or with 
complications, preventing natural elbow and knee action with prostheses 
  in place, or has suffered blindness in both eyes having only light 
  perception, or has suffered blindness in both eyes, rendering such 
 veteran so significantly disabled as to be in need of regular aid and 
   attendance, the monthly compensation shall be $3,671; (n) if the 
 veteran, as the result of service-connected disability, has suffered 
  the anatomical loss or loss of use of both arms at levels, or with 
   complications, preventing natural elbow action with prostheses in 
place, has suffered the anatomical loss of both legs so near the hip as 
   to prevent the use of prosthetic appliances, or has suffered the 
anatomical loss of one arm and one leg so near the shoulder and hip as 
   to prevent the use of prosthetic appliances, or has suffered the 
 anatomical loss of both eyes, or has suffered blindness without light 
perception in both eyes, the monthly compensation shall be $4,176; (o) 
  if the veteran, as the result of service-connected disability, has 
 suffered disability under conditions which would entitle such veteran 
  to two or more of the rates provided in one or more subsections (l) 
through (n) of this section, no condition being considered twice in the 
 determination, or if the veteran has suffered bilateral deafness (and 
the hearing impairment in either one or both ears is service connected) 
rated at 60 percent or more disabling and the veteran has also suffered 
service-connected total blindness with 20/200 visual acuity or less, or 
if the veteran has suffered service-connected total deafness in one ear 
or bilateral deafness (and the hearing impairment in either one or both 
 ears is service connected) rated at 40 percent or more disabling and 
 the veteran has also suffered service-connected blindness having only 
light perception or less, or if the veteran has suffered the anatomical 
    loss of both arms so near the shoulder as to prevent the use of 
prosthetic appliances, the monthly compensation shall be $4,667; (p) in 
 the event the veterans service-connected disabilities exceed 
 the requirements for any of the rates prescribed in this section, the 
 Secretary may allow the next higher rate or an intermediate rate, but 
in no event in excess of $4,667. In the event the veteran has suffered 
 service-connected blindness with 5/200 visual acuity or less and (1) 
  has also suffered bilateral deafness (and the hearing impairment in 
either one or both ears is service connected) rated at no less than 30 
 percent disabling, the Secretary shall allow the next higher rate, or 
 (2) has also suffered service-connected total deafness in one ear or 
  service-connected anatomical loss or loss of use of one hand or one 
 foot, the Secretary shall allow the next intermediate rate, but in no 
   event in excess of $4,667. In the event the veteran has suffered 
service-connected blindness, having only light perception or less, and 
  has also suffered bilateral deafness (and the hearing impairment in 
either one or both ears is service connected) rated at 10 or 20 percent 
disabling, the Secretary shall allow the next intermediate rate, but in 
no event in excess of $4,667. In the event the veteran has suffered the 
anatomical loss or loss of use, or a combination of anatomical loss and 
 loss of use, of three extremities, the Secretary shall allow the next 
higher rate or intermediate rate, but in no event in excess of $4,667. 
Any intermediate rate under this subsection shall be established at the 
 arithmetic mean, rounded down to the nearest dollar, between the two 
rates concerned; x(q) Repealed. Pub. L. 90493, Sec. 4(a), Aug. 
19, 1968, 82 Stat. 809. (r) Subject to section 5503(c) of this 
 title, if any veteran, otherwise entitled to compensation authorized 
 under subsection (o) of this section, at the maximum rate authorized 
   under subsection (p) of this section, or at the intermediate rate 
 authorized between the rates authorized under subsections (n) and (o) 
of this section and at the rate authorized under subsection (k) of this 
section, is in need of regular aid and attendance, then, in addition to 
such compensation (1) the veteran shall be paid a monthly aid and 
 attendance allowance at the rate of $2,002; or (2) if the veteran, in 
 addition to such need for regular aid and attendance, is in need of a 
  higher level of care, such veteran shall be paid a monthly aid and 
 attendance allowance at the rate of $2,983, in lieu of the allowance 
  authorized in clause (1) of this subsection, if the Secretary finds 
 that the veteran, in the absence of the provision of such care, would 
   require hospitalization, nursing home care, or other residential 
institutional care. For the purposes of clause (2) of this subsection, 
  need for a higher level of care shall be considered to be need for 
    personal health-care services provided on a daily basis in the 
  veterans home by a person who is licensed to provide such 
services or who provides such services under the regular supervision of 
a licensed health-care professional. The existence of the need for such 
care shall be determined by a physician employed by the Department or, 
in areas where no such physician is available, by a physician carrying 
    out such function under contract or fee arrangement based on an 
examination by such physician. For the purposes of section 1134 of this 
 title, such allowance shall be considered as additional compensation 
  payable for disability. (s) If the veteran has a service-connected 
  disability rated as total, and (1) has additional service-connected 
disability or disabilities independently ratable at 60 percent or more, 
     or, (2) by reason of such veterans service-connected 
disability or disabilities, is permanently housebound, then the monthly 
 compensation shall be $2,993. For the purpose of this subsection, the 
  requirement of permanently housebound 
 will be considered to have been met when the veteran is substantially 
 confined to such veterans house (ward or clinical areas, if 
  institutionalized) or immediate premises due to a service-connected 
 disability or disabilities which it is reasonably certain will remain 
 throughout such veterans lifetime. (Pub. L. 85857, 
Sept. 2, 1958, 72 Stat. 1120, Sec. 314; Pub. L. 85782, Sec. 2, 
 Aug. 27, 1958, 72 Stat. 936; Pub. L. 86663, Sec. 1, July 14, 
 1960, 74 Stat. 528; Pub.L. 87645, Sec. 1(a), 2(a), Sept. 7, 
  1962, 76 Stat. 441; Pub. L. 8820, Sec. 1, May 15, 1963, 77 
  Stat. 17; Pub. L. 8822, Sec. 1, May 15, 1963, 77 Stat. 18; 
Pub. L. 89 311, Sec. 1(a), 3(d), (e), Oct. 31, 1965, 79 Stat. 
 1154, 1155; Pub. L. 9077, title IV, Sec. 401, Aug. 31, 1967, 
 81 Stat. 190; Pub. L. 90493, Sec. 1(a), 4(a), Aug. 19, 1968, 
82 Stat. 808, 809; Pub. L. 91376, Sec. 1(a), Aug. 12, 1970, 84 
Stat. 787; Pub. L. 92328, title I, Sec. 101(a), June 30, 1972, 
  86 Stat. 393; Pub. L. 93295, title I, Sec.101(a), May 31, 
 1974, 88 Stat. 181; Pub. L. 9471, title I, Sec. 101(a), Aug. 
 5, 1975, 89 Stat. 395; Pub. L. 94433, title I, Sec. 101(a), 
  title IV, Sec. 401(4), (5), 404(6) (8), Sept. 30, 1976, 90 
 Stat. 1374, 1377, 1378; Pub. L. 95117, title I, Sec. 101(a), 
  Oct. 3, 1977, 91 Stat. 1063; Pub. L. 95479, title I, Sec. 
    101(a)(d), Oct. 18, 1978, 92 Stat. 1560, 1561; Pub. L. 
96128, title I, Sec. 101(a), 104, 105, Nov. 28, 1979, 93 Stat. 
 982, 984; Pub. L. 96385, title I, Sec. 101(a), Oct. 7, 1980, 
 94 Stat. 1528;Pub. L. 9766, title I, Sec. 101(a), 104, Oct. 
 17, 1981, 95 Stat. 1026, 1027; Pub. L. 97253, title IV, Sec. 
 404(a), 405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97306, 
 title I, Sec. 101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 
1431, 1432; Pub. L. 98 223, title I, Sec. 101(a), 112, Mar. 2, 
 1984, 98 Stat. 37, 40; Pub. L. 98543, title I, Sec. 101(a), 
  Oct. 24, 1984, 98 Stat. 2735; Pub. L. 99238, title I, Sec. 
101(a), Jan. 13, 1986, 99 Stat. 1765; Pub. L. 99576, title I, 
   Sec. 101(a), 109(b), Oct. 28, 1986, 100 Stat. 3250, 3253; Pub. L. 
 100227, title I, Sec. 101(a), Dec. 31, 1987, 101 Stat. 1552; 
Pub. L. 100687, div. B, title XI, Sec. 1101(a), Nov. 18, 1988, 
102 Stat. 4123; Pub. L. 101237, title I, Sec. 101(a), Dec. 18, 
1989, 103 Stat. 2062; Pub. L. 102 3, Sec. 2(a), Feb. 6, 1991, 
 105 Stat. 7; Pub. L. 10240, title IV, Sec. 402(d)(1), May 7, 
     1991, 105 Stat. 239; renumbered Sec. 1114 and amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 
  6, 1991, 105 Stat. 404406; Pub. L. 102 152, Sec. 
  2(a), Nov. 12, 1991, 105 Stat. 985; Pub. L. 10378, Sec. 1, 
Aug. 13, 1993, 107 Stat. 767; Pub. L. 103140, Sec. 2, Nov. 11, 
  1993, 107 Stat. 1485; Pub. L. 105 98, Sec. 2(a), Nov. 19, 
  1997, 111 Stat. 2155; Pub. L. 106118, Sec. 2(a), Nov. 30, 
  1999, 113 Stat. 1601; Pub. L. 106419, title III, Sec. 302, 
 Nov. 1, 2000, 114 Stat. 1853; Pub. L. 10794, Sec. 2(a), Dec. 
   21, 2001, 115 Stat. 900; Pub. L. 107103, title II, Sec. 
204(b)(1), Dec. 27, 2001, 115 Stat. 990; Pub. L. 107330, title 
  I, Sec. 102, title III, Sec. 309(a), Dec. 6, 2002, 116 Stat. 2821, 
 2829; Pub. L. 108454, title III, Sec. 307(a), Dec. 10, 2004, 
118 Stat. 3612; Pub. L. 109111, Sec. 2(a), Nov. 22, 2005, 119 
 Stat. 2362; Pub. L. 109233, title V, Sec. 502(1), (2), June 
 15, 2006, 120 Stat. 415; Pub. L. 109444, Sec. 9(a), Dec. 21, 
2006, 120 Stat. 3314; Pub. L. 109461, title X, Secs. 1005(a), 
1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. L. 110157, 
       title I, Sec. 101, Dec. 26, 2007, 121 Stat. 1831; Pub. L. 
  110324, Sec. 3(a), Sept. 24, 2008, 122 Stat. 3550; Pub. L. 
   11137, Sec. 3(a), June 30, 2009, 123 Stat. 1928; Pub. L. 
111275, title VI, Sec. 601(a), (b)(1), title X, Sec. 1001(b), 
 Oct. 13, 2010, 124 Stat. 2884, 2896.) ' 1115. Additional compensation 
   for dependents Any veteran entitled to compensation at the rates 
 provided in section 1114 of this title, and whose disability is rated 
not less than 30 percent, shall be entitled to additional compensation 
for dependents in the following monthly amounts: (1) If and while rated 
totally disabled and (A) has a spouse but no child, $150; (B) has 
  a spouse and one or more children, $259 plus $75 for each child in 
 excess of one; (C) has no spouse but one or more children, $101 plus 
 $75 for each child in excess of one; (D) has a parent dependent upon 
such veteran for support, then, in addition to the above amounts, $120 
for each parent so dependent; (E) notwithstanding the other provisions 
 of this paragraph, the monthly payable amount on account of a spouse 
  who is (i) a patient in a nursing home or (ii) blind, or so nearly 
 blind or significantly disabled as to need or require the regular aid 
and attendance of another person, shall be $286 for a totally disabled 
 veteran and proportionate amounts for partially disabled veterans in 
accordance with paragraph (2) of this section; and (F) notwithstanding 
 the other provisions of this paragraph, the monthly amount payable on 
 account of each child who has attained the age of eighteen years and 
  who is pursuing a course of instruction at an approved educational 
     institution shall be $240 for a totally disabled veteran and 
  proportionate amounts for partially disabled veterans in accordance 
 with paragraph (2) of this section. (2) If and while rated partially 
 disabled, but not less than 30 percent, in an amount having the same 
 ratio to the amount specified in paragraph (1) of this section as the 
  degree of disability bears to total disability. The amounts payable 
under this paragraph, if not a multiple of $1, shall be rounded down to 
 the nearest dollar. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
1121, Sec. 315; Pub. L. 86499, Sec. 1, June 8, 1960, 74 Stat. 
 165; Pub. L. 89137, Sec. 1(b), Aug. 26, 1965, 79 Stat. 576; 
 Pub. L. 89311, Sec. 2(a), (b), Oct. 31, 1965, 79 Stat. 1154, 
1155; Pub. L. 91376, Sec. 2, Aug. 12, 1970, 84 Stat. 788; Pub. 
L. 92328, title I, Sec. 102, June 30, 1972, 86Stat. 394; Pub. 
L. 93295, title I, Sec. 102, May 31, 1974, 88 Stat. 181; Pub. 
L. 94 71, title I, Sec. 102, Aug. 5, 1975, 89 Stat. 396; Pub. 
         L. 94433, title I, Sec. 102, title IV, Sec. 
   404(9)(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L. 
95117, title I, Sec. 102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 
 95479, title I, Sec. 102, Oct. 18, 1978, 92 Stat. 1562; Pub. 
L. 96128, title I, Sec. 102, Nov. 28, 1979, 93 Stat. 983; Pub. 
L. 96385, title I, Sec. 102, Oct. 7, 1980, 94 Stat. 1529; Pub. 
L. 9766, title I, Sec. 102, Oct. 17, 1981, 95 Stat. 1027; Pub. 
  L. 97253, title IV, Sec. 404(b), 405(c), Sept. 8, 1982, 96 
  Stat. 803; Pub. L. 97306, title I, Sec. 102, 107, Oct. 14, 
 1982, 96 Stat. 1430, 1431; Pub. L. 98223, title I, Sec. 102, 
 Mar. 2, 1984, 98 Stat. 38; Pub. L. 98543, title I, Sec. 102, 
  Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99238, title I, Sec. 
  102, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99576, title I, 
Sec. 102, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100227, title 
 I, Sec. 102, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100687, 
  div. B, title XI, Sec. 1102, Nov. 18, 1988, 102 Stat. 4123; Pub. L. 
101237, title I, Sec. 102, Dec. 18, 1989, 103 Stat. 2063; Pub. 
 L. 1023, Sec. 3, Feb. 6, 1991, 105 Stat. 8; renumbered Sec. 
  1115 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
 1991, 105 Stat. 406; Pub. L. 102152, Sec. 3, Nov. 12, 1991, 
105 Stat. 986; Pub. L. 10378, Sec. 2, Aug. 13, 1993, 107 Stat. 
 768; Pub. L. 103 140, Sec. 3, Nov. 11, 1993, 107 Stat. 1486; 
Pub. L. 10598, Sec. 3, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 
    106118, Sec. 3, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 
    107 94, Sec. 3, Dec. 21, 2001, 115 Stat. 901; Pub. L. 
107330, title III, Sec. 309(b), Dec. 6, 2002, 116 Stat. 2830; 
  Pub. L. 108454, title III, Sec. 307(b), Dec. 10, 2004, 118 
  Stat. 3613; Pub. L. 109111, Sec. 2(b), Nov. 22, 2005, 119 
 Stat. 2363; Pub. L. 109 233, title V, Sec. 502(3), June 15, 
2006, 120 Stat. 415; Pub. L. 109444, Sec. 9(b), Dec. 21, 2006, 
   120 Stat. 3314; Pub. L. 109461, title X, Secs. 1005(b), 
1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110324, 
Sec. 3(b), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 11137, Sec. 
 3(b), June 30, 2009, 123 Stat. 1929.) ' 1116. Presumptions of service 
 connection for diseases associated with exposure to certain herbicide 
agents; presumption of exposure for veterans who served in the Republic 
 of Vietnam (a)(1) For the purposes of section 1110 of this title, and 
 subject to section 1113 of this title (A) a disease specified in 
paragraph (2) of this subsection becoming manifest as specified in that 
   paragraph in a veteran who, during active military, naval, or air 
service, served in the Republic of Vietnam during the period beginning 
on January 9, 1962, and ending on May 7, 1975; and (B) each additional 
   disease (if any) that (i) the Secretary determines in regulations 
    prescribed under this section warrants a presumption of service-
connection by reason of having positive association with exposure to an 
 herbicide agent, and (ii) becomes manifest within the period (if any) 
    prescribed in such regulations in a veteran who, during active 
  military, naval, or air service, served in the Republic of Vietnam 
 during the period beginning on January 9, 1962, and ending on May 7, 
 1975, and while so serving was exposed to that herbicide agent, shall 
 be considered to have been incurred in or aggravated by such service, 
  notwithstanding that there is no record of evidence of such disease 
  during the period of such service. (2) The diseases referred to in 
    paragraph (1)(A) of this subsection are the following: (A) Non-
Hodgkins lymphoma becoming manifest to a degree of disability 
 of 10 percent or more. (B) Each soft-tissue sarcoma becoming manifest 
      to a degree of disability of 10 percent or more other than 
      osteosarcoma, chondrosarcoma, Kaposis sarcoma, or 
mesothelioma. (C) Chloracne or another acneform disease consistent with 
chloracne becoming manifest to a degree of disability of 10 percent or 
more within one year after the last date on which the veteran performed 
   active military, naval, or air service in the Republic of Vietnam 
 during the period beginning on January 9, 1962, and ending on May 7, 
 1975. (D) Hodgkins disease becoming manifest to a degree of 
disability of 10 percent or more. (E) Porphyria cutanea tarda becoming 
manifest to a degree of disability of 10 percent or more within a year 
  after the last date on which the veteran performed active military, 
  naval, or air service in the Republic of Vietnam during the period 
     beginning on January 9, 1962, and ending on May 7, 1975. (F) 
Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea) 
becoming manifest to a degree of disability of 10 percent or more. (G) 
  Multiple myeloma becoming manifest to a degree of disability of 10 
 percent or more. (H) Diabetes Mellitus (Type 2). (3) For purposes of 
 this section, the term herbicide agent 
 means a chemical in an herbicide used in support of the United States 
 and allied military operations in the Republic of Vietnam during the 
period beginning on January 9, 1962, and ending on May 7, 1975. (b)(1) 
 Whenever the Secretary determines, on the basis of sound medical and 
scientific evidence, that a positive association exists between (A) the 
 exposure of humans to an herbicide agent, and (B) the occurrence of a 
disease in humans, the Secretary shall prescribe regulations providing 
that a presumption of service connection is warranted for that disease 
for the purposes of this section. (2) In making determinations for the 
 purpose of this subsection, the Secretary shall take into account (A) 
reports received by the Secretary from the National Academy of Sciences 
  under section 3 of the Agent Orange Act of 1991, and (B) all other 
sound medical and scientific information and analyses available to the 
   Secretary. In evaluating any study for the purpose of making such 
determinations, the Secretary shall take into consideration whether the 
results are statistically significant, are capable of replication, and 
 withstand peer review. (3) An association between the occurrence of a 
     disease in humans and exposure to an herbicide agent shall be 
   considered to be positive for the purposes of this section if the 
  credible evidence for the association is equal to or outweighs the 
credible evidence against the association. (c)(1)(A) Not later than 60 
 days after the date on which the Secretary receives a report from the 
National Academy of Sciences under section 3 of the Agent Orange Act of 
 1991, the Secretary shall determine whether a presumption of service 
connection is warranted for each disease covered by the report. If the 
    Secretary determines that such a presumption is warranted, the 
Secretary, not later than 60 days after making the determination, shall 
   issue proposed regulations setting forth the Secretarys 
 determination. (B) If the Secretary determines that a presumption of 
 service connection is not warranted, the Secretary, not later than 60 
   days after making the determination, shall publish in the Federal 
 Register a notice of that determination. The notice shall include an 
  explanation of the scientific basis for that determination. If the 
disease already is included in regulations providing for a presumption 
  of service connection, the Secretary, not later than 60 days after 
 publication of the notice of a determination that the presumption is 
     not warranted, shall issue proposed regulations removing the 
presumption for the disease. (2) Not later than 90 days after the date 
   on which the Secretary issues any proposed regulations under this 
     subsection, the Secretary shall issue final regulations. Such 
regulations shall be effective on the date of issuance. (d) Whenever a 
disease is removed from regulations prescribed under this section 
  (1) a veteran who was awarded compensation for such disease on the 
    basis of the presumption provided in subsection (a) before the 
effective date of the removal shall continue to be entitled to receive 
  compensation on that basis; and (2) a survivor of a veteran who was 
   awarded dependency and indemnity compensation for the death of a 
 veteran resulting from such disease on the basis of such presumption 
   shall continue to be entitled to receive dependency and indemnity 
compensation on such basis. (e) Subsections (b) through (d) shall cease 
to be effective on September 30, 2015. (f) For purposes of establishing 
service connection for a disability or death resulting from exposure to 
a herbicide agent, including a presumption of service-connection under 
  this section, a veteran who, during active military, naval, or air 
service, served in the Republic of Vietnam during the period beginning 
  on January 9, 1962, and ending on May 7, 1975, shall be presumed to 
have been exposed during such service to an herbicide agent containing 
 dioxin or 2,4-dichlorophenoxyacetic acid, and may be presumed to have 
 been exposed during such service to any other chemical compound in an 
herbicide agent, unless there is affirmative evidence to establish that 
  the veteran was not exposed to any such agent during that service. 
(Added Pub. L. 1024, Sec. 2(a)(1), Feb. 6, 1991, 105 Stat. 11, 
Sec. 316; renumbered Sec. 1116 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;Pub. L. 103446, 
title V, Sec. 505, title XII, Sec. 1201(e)(6), Nov. 2, 1994, 108 Stat. 
  4664, 4685; Pub. L. 104275, title V, Sec. 505(b), Oct. 9, 
     1996, 110 Stat. 3342; Pub. L. 106419, title IV, Sec. 
404(a)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 107103, title 
 II, Sec. 201(a)(1)(A), (b)(c)(2)(A), (d)(1), Dec. 27, 2001, 
115 Stat. 987, 988.) ' 1117. Compensation for disabilities occurring in 
  Persian Gulf War veterans (a)(1) The Secretary may pay compensation 
  under this sub-chapter to a Persian Gulf veteran with a qualifying 
  chronic disability that became manifest (A) during service on 
   active duty in the Armed Forces in the Southwest Asia theater of 
   operations during the Persian Gulf War; or (B) to a degree of 10 
    percent or more during the presumptive period prescribed under 
     subsection (b). (2) For purposes of this subsection, the term 
qualifying chronic disability means a chronic disability 
 resulting from any of the following (or any combination of any of the 
  following): (A) An undiagnosed illness. (B) A medically unexplained 
    chronic multisymptom illness (such as chronic fatigue syndrome, 
   fibromyalgia, and irritable bowel syndrome) that is defined by a 
   cluster of signs or symptoms. (C) Any diagnosed illness that the 
  Secretary determines in regulations prescribed under subsection (d) 
 warrants a presumption of service-connection. (b) The Secretary shall 
  prescribe by regulation the period of time following service in the 
 Southwest Asia theater of operations during the Persian Gulf War that 
  the Secretary determines is appropriate for presumption of service 
   connection for purposes of this section. The Secretarys 
 determination of such period of time shall be made following a review 
   of any available credible medical or scientific evidence and the 
  historical treatment afforded disabilities for which manifestation 
    periods have been established and shall take into account other 
 pertinent circumstances regarding the experiences of veterans of the 
   Persian Gulf War. (c)(1) Whenever the Secretary determines under 
section 1118(c) of this title that a presumption of service connection 
 previously established under this section is no longer warranted 
 (A) a veteran who was awarded compensation under this section on the 
   basis of the presumption shall continue to be entitled to receive 
compensation under this section on that basis; and (B) a survivor of a 
 veteran who was awarded dependency and indemnity compensation for the 
   death of a veteran resulting from the disease on the basis of the 
 presumption before that date shall continue to be entitled to receive 
     dependency and indemnity compensation on that basis. (2) This 
 subsection shall cease to be effective on September 30, 2011. (d)(1) 
 The Secretary shall prescribe regulations to carry out this section. 
(2) Those regulations shall include the following: (A) A description of 
   the period and geographical area or areas of military service in 
connection with which compensation under this section may be paid. (B) 
   A description of the illnesses for which compensation under this 
    section may be paid. (C) A description of any relevant medical 
  characteristic (such as a latency period) associated with each such 
illness. (e) A disability for which compensation under this subchapter 
is payable shall be considered to be service connected for purposes of 
all other laws of the United States. (f) For purposes of this section, 
  the term Persian Gulf veteran means a 
veteran who served on active duty in the Armed Forces in the Southwest 
    Asia theater of operations during the Persian Gulf War. (g) For 
purposes of this section, signs or symptoms that may be a manifestation 
 of an undiagnosed illness or a chronic multi-symptom illness include 
      the following: (1) Fatigue. (2) Unexplained rashes or other 
 dermatological signs or symptoms. (3) Headache. (4) Muscle pain. (5) 
Joint pain. (6) Neurological signs and symptoms. (7) Neuropsychological 
 signs or symptoms. (8) Signs or symptoms involving the upper or lower 
respiratory system. (9) Sleep disturbances. (10) Gastrointestinal signs 
   or symptoms. (11) Cardiovascular signs or symptoms. (12) Abnormal 
    weight loss. (13) Menstrual disorders. (h)(1) If the Secretary 
determines with respect to a medical research project sponsored by the 
  Department that it is necessary for the conduct of the project that 
Persian Gulf veterans in receipt of compensation under this section or 
   section 1118 of this title participate in the project without the 
 possibility of loss of service connection under either such section, 
   the Secretary shall provide that service connection granted under 
either such section for disability of a veteran who participated in the 
research project may not be terminated. Except as provided in paragraph 
 (2), notwithstanding any other provision of law any grant of service-
    connection protected under this subsection shall remain service-
 connected for purposes of all provisions of law under this title. (2) 
 Paragraph (1) does not apply in a case in which (A) the original 
award of compensation or service connection was based on fraud; or (B) 
it is clearly shown from military records that the person concerned did 
   not have the requisite service or character of discharge. (3) The 
   Secretary shall publish in the Federal Register a list of medical 
    research projects sponsored by the Department for which service 
connection granted under this section or section 1118 of this title may 
      not be terminated pursuant to paragraph (1). (Added Pub. L. 
103446, title I, Sec. 106(a)(1), Nov. 2, 1994, 108 Stat. 4650; 
amended Pub. L. 105277, div. C, title XVI, Sec. 1602(c), Oct. 
 21, 1998, 112 Stat. 2681 744; Pub. L. 107103, title 
II, Secs. 202(a), (b)(1), (d)(1), 203(a), Dec. 27, 2001, 115 Stat. 988, 
989; Pub. L. 109233, title V, Sec. 503(1), June 15, 2006, 120 
 Stat. 415.) ' 1118. Presumptions of service connection for illnesses 
associated with service in the Persian Gulf duringthe Persian Gulf War 
   (a)(1) For purposes of section 1110 of this title, and subject to 
    section 1113 of this title, each illness, if any, described in 
     paragraph (2) shall be considered to have been incurred in or 
 aggravated by service referred to in that paragraph, notwithstanding 
 that there is no record of evidence of such illness during the period 
  of such service. (2) An illness referred to in paragraph (1) is any 
diagnosed or undiagnosed illness that (A) the Secretary determines 
 in regulations prescribed under this section to warrant a presumption 
 of service connection by reason of having a positive association with 
exposure to a biological, chemical, or other toxic agent, environmental 
or wartime hazard, or preventive medicine or vaccine known or presumed 
to be associated with service in the Armed Forces in the Southwest Asia 
  theater of operations during the Persian Gulf War; and (B) becomes 
manifest within the period, if any, prescribed in such regulations in a 
veteran who served on active duty in that theater of operations during 
   that war and by reason of such service was exposed to such agent, 
hazard, or medicine or vaccine. (3) For purposes of this subsection, a 
  veteran who served on active duty in the Southwest Asia theater of 
operations during the Persian Gulf War and has an illness described in 
paragraph (2) shall be presumed to have been exposed by reason of such 
 service to the agent, hazard, or medicine or vaccine associated with 
  the illness in the regulations prescribed under this section unless 
  there is conclusive evidence to establish that the veteran was not 
exposed to the agent, hazard, or medicine or vaccine by reason of such 
 service. (4) For purposes of this section, signs or symptoms that may 
  be a manifestation of an undiagnosed illness include the signs and 
 symptoms listed in section 1117(g) of this title. (b)(1)(A) Whenever 
the Secretary makes a determination described in subparagraph (B), the 
 Secretary shall prescribe regulations providing that a presumption of 
    service connection is warranted for the illness covered by that 
    determination for purposes of this section. (B) A determination 
   referred to in subparagraph (A) is a determination based on sound 
  medical and scientific evidence that a positive association exists 
  between (i) the exposure of humans or animals to a biological, 
  chemical, or other toxic agent, environmental or wartime hazard, or 
preventive medicine or vaccine known or presumed to be associated with 
service in the Southwest Asia theater of operations during the Persian 
Gulf War; and (ii) the occurrence of a diagnosed or undiagnosed illness 
 in humans or animals. (2)(A) In making determinations for purposes of 
   paragraph (1), the Secretary shall take into account (i) the 
reports submitted to the Secretary by the National Academy of Sciences 
 under section 1603 of the Persian Gulf War Veterans Act of 1998; and 
 (ii) all other sound medical and scientific information and analyses 
available to the Secretary. (B) In evaluating any report, information, 
 or analysis for purposes of making such determinations, the Secretary 
  shall take into consideration whether the results are statistically 
significant, are capable of replication, and withstand peer review. (3) 
   An association between the occurrence of an illness in humans or 
animals and exposure to an agent, hazard, or medicine or vaccine shall 
  be considered to be positive for purposes of this subsection if the 
  credible evidence for the association is equal to or outweighs the 
  credible evidence against the association. (c)(1) Not later than 60 
 days after the date on which the Secretary receives a report from the 
National Academy of Sciences under section 1603 of the Persian Gulf War 
 Veterans Act of 1998, the Secretary shall determine whether or not a 
  presumption of service connection is warranted for each illness, if 
any, covered by the report. (2) If the Secretary determines under this 
 subsection that a presumption of service connection is warranted, the 
Secretary shall, not later than 60 days after making the determination, 
   issue proposed regulations setting forth the Secretarys 
determination. (3)(A) If the Secretary determines under this subsection 
    that a presumption of service connection is not warranted, the 
Secretary shall, not later than 60 days after making the determination, 
  publish in the Federal Register a notice of the determination. The 
  notice shall include an explanation of the scientific basis for the 
    determination. (B) If an illness already presumed to be service 
   connected under this section is subject to a determination under 
  subparagraph (A), the Secretary shall, not later than 60 days after 
   publication of the notice under that subparagraph, issue proposed 
  regulations removing the presumption of service connection for the 
    illness. (4) Not later than 90 days after the date on which the 
 Secretary issues any proposed regulations under this subsection, the 
  Secretary shall issue final regulations. Such regulations shall be 
  effective on the date of issuance. (d) Whenever the presumption of 
 service connection for an illness under this section is removed under 
subsection (c) (1) a veteran who was awarded compensation for the 
 illness on the basis of the presumption before the effective date of 
the removal of the presumption shall continue to be entitled to receive 
  compensation on that basis; and (2) a survivor of a veteran who was 
   awarded dependency and indemnity compensation for the death of a 
  veteran resulting from the illness on the basis of the presumption 
 before that date shall continue to be entitled to receive dependency 
 and indemnity compensation on that basis. (e) Subsections (b) through 
 (d) shall cease to be effective on September 30, 2011. (Added Pub. L. 
105277, div. C, title XVI, Sec. 1602(a)(1), Oct. 21, 1998, 112 
Stat. 2681742; amended Pub. L. 107103, title II, Sec. 
     202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989.) SUBCHAPTER 
   IIIWARTIME DEATH COMPENSATION ' 1121. Basic entitlement The 
surviving spouse, child or children, and dependent parent or parents of 
any veteran who died before January 1, 1957 as the result of injury or 
  disease incurred in or aggravated by active military, naval, or air 
service, in line of duty, during a period of war, shall be entitled to 
receive compensation at the monthly rates specified in section 1122 of 
this title. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, Sec. 
321; Pub. L. 92197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. 
  L. 94433, title IV, Sec. 404(12), Sept. 30, 1976, 90 Stat. 
  1378; renumbered Sec. 1121 and amended Pub. L. 10283, Sec. 
 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 1122. Rates of wartime 
death compensation (a) The monthly rates of death compensation shall be 
   as follows: (1) Surviving spouse but no child, $87; (2) Surviving 
 spouse with one child, $121 (with $29 for each additional child); (3) 
No surviving spouse but one child, $67; (4) No surviving spouse but two 
  children, $94 (equally divided); (5) No surviving spouse but three 
 children, $122 (equally divided) (with $23 for each additional child, 
  total amount to be equally divided); (6) Dependent parent, $75; (7) 
    Both dependent parents, $40 each. (b) The monthly rate of death 
 compensation payable to a surviving spouse or dependent parent under 
 subsection (a) of this section shall be increased by $79 if the payee 
is (1) a patient in a nursing home or (2) blind, or so nearly blind or 
   significantly disabled as to need or require the regular aid and 
 attendance of another person. (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1122, Sec. 322; Pub. L. 9196, Sec. 7, Oct. 27, 1969, 
  83 Stat. 146; Pub. L. 91588, Sec. 3(a), Dec. 24, 1970, 84 
  Stat. 1583; Pub. L. 92197, Sec. 9, Dec. 15, 1971, 85 Stat. 
662; Pub. L. 93295, title II, Sec. 204, May 31, 1974, 88 Stat. 
  183; Pub. L. 94169, title II, Sec. 202, Dec. 23, 1975, 89 
Stat. 1021; Pub. L. 94432, title IV, Sec. 401, Sept. 30, 1976, 
        90 Stat. 1372; Pub. L. 94 433, title IV, Sec. 
  404(13)(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 
   95204, title III, Sec. 301, Dec. 2, 1977, 91 Stat. 1459; 
renumbered Sec. 1122, Pub. L. 102 83, Sec. 5(a), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 109233, title V, Sec. 502(3), June 15, 
     2006, 120 Stat. 415.) SUBCHAPTER IVPEACETIME DISABILITY 
 COMPENSATION ' 1131. Basic entitlement For disability resulting from 
personal injury suffered or disease contracted in line of duty, or for 
 aggravation of a preexisting injury suffered or disease contracted in 
  line of duty, in the active military, naval, or air service, during 
 other than a period of war, the United States will pay to any veteran 
thus disabled and who was discharged or released under conditions other 
 than dishonorable from the period of service in which said injury or 
disease was incurred, or preexisting injury or disease was aggravated, 
compensation as provided in this subchapter, but no compensation shall 
  be paid if the disability is a result of the veterans own 
       willful misconduct or abuse of alcohol or drugs. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1122, Sec. 331; Pub. L. 
 101508, title VIII, Sec. 8052(a)(3), Nov. 5, 1990, 104 Stat. 
 1388351; renumbered Sec. 1131, Pub. L. 10283, Sec. 
5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105178, title VIII, 
  Sec. 8202(b), June 9, 1998, 112 Stat. 492; Pub. L. 105206, 
    title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865.) ' 1132. 
Presumption of sound condition For the purposes of section 1131 of this 
  title, every person employed in the active military, naval, or air 
  service for six months or more shall be taken to have been in sound 
 condition when examined, accepted and enrolled for service, except as 
    to defects, infirmities, or disorders noted at the time of the 
 examination, acceptance and enrollment, or where evidence or medical 
  judgment is such as to warrant a finding that the disease or injury 
  existed before acceptance and enrollment. (Pub. L. 85857, 
   Sept. 2, 1958, 72 Stat. 1122, Sec. 332; renumbered Sec. 1132 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406.) ' 1133. Presumptions relating to certain diseases (a) For 
    the purposes of section 1131 of this title, and subject to the 
provisions of subsections (b) and (c) of this section, any veteran who 
  served for six months or more and contracts a tropical disease or a 
     resultant disorder or disease originating because of therapy 
      administered in connection with a tropical disease, or as a 
preventative thereof, shall be deemed to have incurred such disability 
in the active military, naval, or air service when it is shown to exist 
within one year after separation from active service, or at a time when 
  standard and accepted treatises indicate that the incubation period 
 thereof commenced during active service. (b) Service-connection shall 
   not be granted pursuant to subsection (a), in any case where the 
disease or disorder is shown by clear and unmistakable evidence to have 
   had its inception before or after active military, naval, or air 
service. (c) Nothing in this section shall be construed to prevent the 
 granting of service-connection for any disease or disorder otherwise 
   shown by sound judgment to have been incurred in or aggravated by 
active military, naval, or air service. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1123, Sec. 333; renumbered Sec. 1133 and amended Pub. 
 L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 
 1134. Rates of peacetime disability compensation For the purposes of 
section 1131 of this title, the compensation payable for the disability 
    shall be that specified in section 1114 of this title. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1123, Sec. 334; Pub. L. 
  92328, title I, Sec. 108(a), June 30, 1972, 86 Stat. 396; 
  renumbered Sec. 1134 and amended Pub. L. 10283, Sec. 5(a), 
 (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 1135. Additional compensation 
   for dependents Any veteran entitled to compensation at the rates 
 provided in section 1134 of this title, and whose disability is rated 
   not less than 30 percent, shall be entitled to additional monthly 
compensation for dependents as provided in section 1115 of this title. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, Sec. 335; Pub. 
 L. 92328, title I, Sec. 108(b), June 30, 1972, 86 Stat. 396; 
 Pub. L. 98543, title I, Sec. 112(a), Oct. 24, 1984, 98 Stat. 
  2740; renumbered Sec. 1135 and amended Pub. L. 10283, Sec. 
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) x' 1136. Vacant ' 
  1137. Wartime presumptions for certain veterans For the purposes of 
 this subchapter and subchapter V of this chapter and notwithstanding 
   the provisions of sections 1132 and 1133 of this subchapter, the 
 provisions of sections 1111, 1112, and 1113 of this chapter shall be 
    applicable in the case of any veteran who served in the active 
military, naval, or air service after December 31, 1946. (Added Pub. L. 
89358, Sec. 7(a), Mar. 3, 1966, 80 Stat. 27, Sec. 337; amended 
Pub. L. 93295, title II, Sec. 205, May 31, 1974, 88 Stat. 183; 
  renumbered Sec. 1137 and amended Pub. L. 10283, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406.) SUBCHAPTER VPEACETIME DEATH 
 COMPENSATION ' 1141. Basic entitlement The surviving spouse, child or 
   children, and dependent parent or parents of any veteran who died 
before January 1, 1957, as the result of injury or disease incurred in 
  or aggravated by active military, naval, or air service, in line of 
 duty, during other than a period of war, shall be entitled to receive 
   compensation as hereinafter provided in this subchapter. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1123, Sec. 341; Pub. L. 
      92197, Sec. 6, Dec.15, 1971, 85 Stat. 662; Pub. L. 
94433, title IV, Sec. 404(18), Sept. 30, 1976, 90 Stat. 1379; 
renumbered Sec. 1141, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
 105 Stat. 406.) ' 1142. Rates of peacetime death compensation For the 
  purposes of section 1141 of this title, the monthly rates of death 
 compensation payable shall be those specified in section 1122 of this 
title. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, Sec. 342; 
 Pub. L. 93295, title II, Sec. 206(a), May 31, 1974, 88 Stat. 
183; renumbered Sec. 1142 and amended Pub. L.10283, Sec. 5(a), 
    (c)(1), Aug. 6, 1991, 105 Stat. 406.) x' 1143. Vacant 
SUBCHAPTER VIGENERAL COMPENSATION PROVISIONS ' 1151. Benefits for 
    persons disabled by treatment or vocational rehabilitation (a) 
     Compensation under this chapter and dependency and indemnity 
  compensation under chapter 13 of this title shall be awarded for a 
qualifying additional disability or a qualifying death of a veteran in 
the same manner as if such additional disability or death were service-
  connected. For purposes of this section, a disability or death is a 
qualifying additional disability or qualifying death if the disability 
or death was not the result of the veterans willful misconduct 
   and (1) the disability or death was caused by hospital care, 
  medical or surgical treatment, or examination furnished the veteran 
  under any law administered by the Secretary, either by a Department 
 employee or in a Department facility as defined in section 1701(3)(A) 
   of this title, and the proximate cause of the disability or death 
 was (A) carelessness, negligence, lack of proper skill, error in 
judgment, or similar instance of fault on the part of the Department in 
    furnishing the hospital care, medical or surgical treatment, or 
  examination; or (B) an event not reasonably foreseeable; or (2) the 
  disability or death was proximately caused (A) by the provision of 
 training and rehabilitation services by the Secretary (including by a 
 service-provider used by the Secretary for such purpose under section 
3115 of this title) as part of an approved rehabilitation program under 
 chapter 31 of this title, or (B) by participation in a program (known 
 as a compensated work therapy program) 
under section 1718 of this title. (b)(1) Where an individual is, on or 
after December 1, 1962, awarded a judgment against the United States in 
 a civil action brought pursuant to section 1346(b) of title 28 or, on 
or after December 1, 1962, enters into a settlement or compromise under 
  section 2672 or 2677 of title 28 by reason of a disability or death 
treated pursuant to this section as if it were service-connected, then 
 (except as otherwise provided in paragraph (2)) no benefits shall be 
  paid to such individual for any month beginning after the date such 
 judgment, settlement, or compromise on account of such disability or 
death becomes final until the aggregate amount of benefits which would 
  be paid but for this subsection equals the total amount included in 
    such judgment, settlement, or compromise. (2) In the case of a 
   judgment, settlement, or compromise covered by paragraph (1) that 
 becomes final on or after the date of the enactment of this paragraph 
   and that includes an amount that is specifically designated for a 
purpose for which benefits are provided under chapter 21 or 39 of this 
        title (hereinafter in this paragraph referred to as the 
    offset amount), if such judgment, 
settlement, or compromise becomes final before the date of the award of 
 benefits under chapter 21 or 39 for the purpose for which the offset 
 amount was specifically designated (A) the amount of such award 
shall be reduced by the offset amount; and (B) if the offset amount is 
   greater than the amount of such award, the excess amount received 
  pursuant to the judgment, settlement or compromise, shall be offset 
against benefits otherwise payable under this chapter. (c) A qualifying 
 additional disability under this section shall be treated in the same 
manner as if it were a service-connected disability for purposes of the 
    following provisions of this title: (1) Chapter 21, relating to 
specially adapted housing. (2) Chapter 39, relating to automobiles and 
 adaptive equipment. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
1124, Sec. 351; Pub. L. 87825, Sec. 3, Oct. 15, 1962, 76 Stat. 
950; Pub. L. 9124, Sec. 3, June 11, 1969, 83 Stat. 33; Pub. L. 
94433, title IV, Sec. 404(19), Sept. 30, 1976, 90 Stat. 1379; 
 Pub. L. 98223, title II, Sec. 213(1), Mar. 2, 1984, 98 Stat. 
   46; renumbered Sec. 1151 and amended Pub. L. 10283, Sec. 
       4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 
104204, title IV, Sec. 422(a), Sept. 26, 1996, 110 Stat. 2926; 
 Pub. L. 106419, title III, Sec. 303, Nov. 1, 2000, 114 Stat. 
 1853; Pub. L. 108454, title III, Sec. 304(a), (c), Dec. 10, 
2004, 118 Stat. 3611.) ' 1152. Persons heretofore having a compensable 
    status The death and disability benefits of this chapter shall, 
notwithstanding the service requirements thereof, be granted to persons 
heretofore recognized by law as having a compensable status, including 
  persons whose claims are based on war or peacetime service rendered 
before April 21, 1898. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
  1124, Sec. 352; renumbered Sec. 1152, Pub. L. 10283, Sec. 
 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1153. Aggravation A preexisting 
injury or disease will be considered to have been aggravated by active 
    military, naval, or air service, where there is an increase in 
disability during such service, unless there is a specific finding that 
   the increase in disability is due to the natural progress of the 
 disease. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, Sec. 
 353; renumbered Sec. 1153, Pub. L. 10283, Sec. 5(a), Aug. 6, 
1991, 105 Stat. 406.) ' 1154. Consideration to be accorded time, place, 
  and circumstances of service (a) The Secretary shall include in the 
   regulations pertaining to service-connection of disabilities (1) 
  additional provisions in effect requiring that in each case where a 
     veteran is seeking service-connection for any disability due 
consideration shall be given to the places, types, and circumstances of 
   such veterans service as shown by such veterans 
service record, the official history of each organization in which such 
    veteran served, such veterans medical records, and all 
pertinent medical and lay evidence, and (2) the provisions required by 
   section 5 of the Veterans Dioxin and Radiation Exposure 
Compensation Standards Act (Public Law 98542; 98 Stat. 2727). 
(b) In the case of any veteran who engaged in combat with the enemy in 
   active service with a military, naval, or air organization of the 
  United States during a period of war, campaign, or expedition, the 
Secretary shall accept as sufficient proof of service-connection of any 
  disease or injury alleged to have been incurred in or aggravated by 
 such service satisfactory lay or other evidence of service incurrence 
   or aggravation of such injury or disease, if consistent with the 
       circumstances, conditions, or hardships of such service, 
   notwithstanding the fact that there is no official record of such 
  incurrence or aggravation in such service, and, to that end, shall 
    resolve every reasonable doubt in favor of the veteran. Service-
   connection of such injury or disease may be rebutted by clear and 
   convincing evidence to the contrary. The reasons for granting or 
  denying service-connection in each case shall be recorded in full. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, Sec. 354; Pub. 
  L. 94433, title IV, Sec. 404(20), Sept. 30, 1976, 90 Stat. 
  1379; Pub. L. 98542, Sec. 4, Oct. 24, 1984, 98 Stat. 2727; 
 Pub. L. 10254, Sec. 14(b)(1), June 13, 1991, 105 Stat. 282; 
renumbered Sec. 1154 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1155. 
  Authority for schedule for rating disabilities The Secretary shall 
adopt and apply a schedule of ratings of reductions in earning capacity 
from specific injuries or combination of injuries. The ratings shall be 
 based, as far as practicable, upon the average impairments of earning 
    capacity resulting from such injuries in civil occupations. The 
schedule shall be constructed so as to provide ten grades of disability 
   and no more, upon which payments of compensation shall be based, 
namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 
 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. 
The Secretary shall from time to time readjust this schedule of ratings 
   in accordance with experience. However, in no event shall such a 
     readjustment in the rating schedule cause a veterans 
 disability rating in effect on the effective date of the readjustment 
to be reduced unless an improvement in the veterans disability 
 is shown to have occurred. (Pub. L. 85857, Sept. 2, 1958, 72 
  Stat. 1125, Sec. 355; Pub. L. 98223, title I, Sec. 101(c), 
  Mar. 2, 1984, 98 Stat. 38; renumbered Sec. 1155 and amended Pub. L. 
 102 83, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406; Pub. L. 10286, title I, Sec. 103(a), Aug. 14, 
    1991, 105 Stat. 414.) ' 1156. Temporary disability ratings (a) 
 ASSIGNMENT OF TEMPORARY RATINGS.(1) For the purpose of providing 
 disability compensation under this chapter to veterans, the Secretary 
shall assign a temporary disability rating to a veteran as follows: (A) 
 To a veteran who (i) was discharged or released from active duty 
not more than 365 days before the date such veteran submits a claim for 
   disability compensation under this chapter; (ii) has one or more 
      disabilities for which a rating of total is not immediately 
  assignable (I) under the regular provisions of the schedule of 
ratings; or (II) on the basis of individual unemployability; and (iii) 
      has one or more (I) severe disabilities that result in 
 substantially gainful employment not being feasible or advisable; or 
 (II) healed, unhealed, or incompletely healed wounds or injuries that 
make material impairment of employability likely. (B) To a veteran who, 
   as a result of a highly stressful in-service event, has a mental 
  disorder that is severe enough to bring about the veterans 
   discharge or release from active duty. (C) To a veteran who has a 
   service-connected disability that requires hospital treatment or 
 observation in a Department of Veterans Affairs or approved hospital 
 for a period in excess of 21 days. (D) To a veteran who has a service-
 connected disability that has required convalescent care or treatment 
at hospital discharge (regular discharge or release to non-bed care) or 
     outpatient release that meets the requirements of regulations 
prescribed by the Secretary. (2) With respect to a veteran described in 
   paragraph (1)(A), the Secretary may assign a temporary disability 
rating to such veteran regardless of whether such veteran has obtained 
      a medical examination or a medical opinion concerning such 
 veterans disability. (3) With respect to a veteran described 
in paragraph (1)(B), the Secretary shall schedule a medical examination 
  for such veteran not later than six months after the separation or 
    discharge of such veteran from active duty. (b) TERMINATION OF 
 TEMPORARY DISABILITY RATINGS.(1) Except as provided in paragraph 
  (2), a temporary disability rating assigned to a veteran under this 
  section shall remain in effect as follows: (A) For a veteran who is 
  assigned a temporary disability rating under subsection (a)(1)(A), 
 until the later of the date that is (i) 12 months after the date 
     of discharge or release from active duty; or (ii) provided in 
   regulations prescribed by the Secretary. (B) For a veteran who is 
  assigned a temporary disability rating under subsection (a)(1)(B), 
  until the date on which a rating decision is issued to such veteran 
 following the medical examination scheduled under subsection (a)(3). 
 (C) For a veteran who is assigned a temporary disability rating under 
subsection (a)(1)(C), until the later of the date that is (i) the 
   last day of the month in which the veteran is discharged from the 
hospital as described in such subsection (a)(1)(C); or (ii) provided in 
   regulations prescribed by the Secretary. (D) For a veteran who is 
  assigned a temporary disability rating under subsection (a)(1)(D), 
   until the date that is provided in regulations prescribed by the 
 Secretary. (2) The Secretary may extend a temporary disability rating 
   assigned to a veteran under subsection (a) beyond the applicable 
 termination date under paragraph (1) if the Secretary determines that 
 such an extension is appropriate. (c) REGULATIONS.The Secretary 
    shall prescribe regulations to carry out the provisions of this 
    section. (d) CONSTRUCTION.Nothing in this section shall be 
    construed to preclude the Secretary from providing a temporary 
 disability rating under an authority other than this section. (Added 
  Pub. L. 110389, title II, Sec. 211(a), Oct. 10, 2008, 122 
Stat. 4149.) ' 1157. Combination of certain ratings The Secretary shall 
  provide for the combination of ratings and pay compensation at the 
rates prescribed in subchapter II of this chapter to those veterans who 
   served during a period of war and during any other time, who have 
suffered disability in line of duty in each period of service. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1125, Sec. 357; renumbered Sec. 
 1157 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), 
Aug. 6, 1991, 105 Stat. 404406.) ' 1158. Disappearance Where a 
   veteran receiving compensation under this chapter disappears, the 
Secretary may pay the compensation otherwise payable to the veteran to 
such veterans spouse, children, and parents. Payments made to 
 such spouse, child, or parent under the preceding sentence shall not 
    exceed the amounts payable to each if the veteran had died from 
 service-connected disability. (Pub. L. 85857, Sept. 2, 1958, 
  72 Stat. 1125, Sec. 358; Pub. L. 86212, Sept. 1, 1959, 73 
 Stat. 436; Pub. L. 94433, title IV, Sec. 404(21), Sept. 30, 
     1976, 90 Stat. 1379; renumbered Sec. 1158 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
  404406.) ' 1159. Protection of service connection Service 
 connection for any disability or death granted under this title which 
  has been in force for ten or more years shall not be severed on or 
after January 1, 1962, except upon a showing that the original grant of 
   service connection was based on fraud or it is clearly shown from 
 military records that the person concerned did not have the requisite 
   service or character of discharge. The mentioned period shall be 
computed from the date determined by the Secretary as the date on which 
       the status commenced for rating purposes. (Added Pub. L. 
86501, Sec. 1, June 10, 1960, 74 Stat. 195, Sec. 359; amended 
Pub. L. 87825, Sec. 6, Oct. 15, 1962, 76 Stat. 950; renumbered 
  Sec. 1159 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 
    5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1160. Special 
consideration for certain cases of loss of paired organs or extremities 
 (a) Where a veteran has suffered (1) impairment of vision in one 
   eye as a result of service-connected disability and impairment of 
vision in the other eye as a result of non-service-connected disability 
not the result of the veterans own willful misconduct and 
(A) the impairment of vision in each eye is rated at a visual acuity of 
 20/200 or less; or (B) the peripheral field of vision for each eye is 
  20 degrees or less; (2) the loss or loss of use of one kidney as a 
  result of service-connected disability and involvement of the other 
 kidney as a result of non-service-connected disability not the result 
     of the veterans own willful misconduct; (3) deafness 
compensable to a degree of 10 percent or more in one ear as a result of 
   service-connected disability and deafness in the other ear as the 
   result of non-service-connected disability not the result of the 
 veterans own willful misconduct; (4) the loss or loss of use 
of one hand or one foot as a result of service-connected disability and 
 the loss or loss of use of the other hand or foot as a result of non-
 service-connected disability not the result of the veterans 
 own willful misconduct; or (5) permanent service-connected disability 
of one lung, rated 50 percent or more disabling, in combination with a 
  non-service-connected disability of the other lung that is not the 
 result of the veterans own willful misconduct, the Secretary 
shall assign and pay to the veteran the applicable rate of compensation 
   under this chapter as if the combination of disabilities were the 
 result of service-connected disability. (b) If a veteran described in 
subsection (a) of this section receives any money or property of value 
    pursuant to an award in a judicial proceeding based upon, or a 
 settlement or compromise of, any cause of action for damages for the 
  non-service-connected disability described in such subsection, the 
   increase in the rate of compensation otherwise payable under this 
section shall not be paid for any month following a month in which any 
such money or property is received until such time as the total of the 
 amount of such increase that would otherwise have been payable equals 
the total of the amount of any such money received and the fair market 
  value of any such property received. (Added Pub. L. 87610, 
    Sec. 1, Aug. 28, 1962, 76 Stat. 406, Sec. 360; amended Pub. L. 
 89311, Sec. 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 
94433, title IV, Sec. 404(22), Sept. 30, 1976, 90 Stat. 1379; 
Pub. L. 98160, title VII, Sec. 702(3), Nov. 21, 1983, 97 Stat. 
 1009; Pub. L. 99576, title I, Sec. 109(a)(1), Oct. 28, 1986, 
       100 Stat. 3253; renumbered Sec. 1160 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 107330, title I, Sec. 103, Dec. 6, 
2002, 116 Stat. 2822; Pub. L. 110157, title I, Sec. 102, Dec. 
 26, 2007, 121 Stat. 1831.) ' 1161. Payment of disability compensation 
in disability severance cases The deduction of disability severance pay 
from disability compensation, to the extent required by section 1212(d) 
of title 10, shall be made at a monthly rate not in excess of the rate 
 of compensation to which the former member would be entitled based on 
the degree of such former members disability as determined on 
 the initial Department rating. (Added Pub. L. 91241, May 7, 
 1970, 84 Stat. 203, Sec. 361; amended Pub. L. 94 433, title 
       IV, Sec. 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 
 98160, title VII, Sec. 702(4), Nov. 21, 1983, 97 Stat. 1009; 
renumbered Sec. 1161 and amended Pub. L. 10283, Sec. 4(a)(3), 
 (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110181, 
  div. A, title XVI, Sec. 1646(c), as added Pub. L. 110389, 
    title I, Sec. 103(a)(2), Oct.10, 2008, 122 Stat. 4148.) ' 1162. 
Clothing allowance The Secretary under regulations which the Secretary 
  shall prescribe, shall pay a clothing allowance of $716 per year to 
 each veteran who (1) because of a service-connected disability, 
    wears or uses a prosthetic or orthopedic appliance (including a 
 wheelchair) which the Secretary determines tends to wear out or tear 
    the clothing of the veteran; or (2) uses medication which (A) a 
    physician has prescribed for a skin condition which is due to a 
 service-connected disability, and (B) the Secretary determines causes 
irreparable damage to the veterans outergarments. (Added Pub. 
 L. 92328, title I, Sec. 103(a), June 30, 1972, 86 Stat. 394, 
  Sec. 362; amended Pub. L. 9471, title I, Sec. 103, Aug. 5, 
1975, 89 Stat. 396; Pub. L. 94 433, title III, Sec. 301, title 
     IV, Sec. 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379;Pub. L. 
95117, title III, Sec. 301, Oct. 3, 1977, 91 Stat. 1065; Pub. 
  L. 95479, title I, Sec. 103, Oct. 18, 1978, 92 Stat. 1562; 
Pub. L. 96128, title I, Sec. 103, Nov. 28, 1979, 93 Stat. 984; 
Pub. L. 96385, title I, Sec. 103, Oct. 7, 1980, 94 Stat. 1529; 
Pub. L. 9766, title I, Sec. 103, Oct. 17, 1981, 95 Stat. 1027; 
Pub. L. 97253, title IV, Sec. 405(d), Sept. 8, 1982, 96 Stat. 
804; Pub. L. 97306, title I, Sec. 103, 107, Oct. 14, 1982, 96 
 Stat. 1430, 1431; Pub. L. 98223, title I, Sec. 103, Mar. 2, 
1984, 98 Stat. 38; Pub. L. 98543, title I, Sec. 103, Oct. 24, 
 1984, 98 Stat. 2736; Pub. L. 99238, title I, Sec. 103, Jan. 
  13, 1986, 99 Stat. 1766; Pub. L. 99576, title I, Sec. 103, 
 Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100227, title I, Sec. 
 103, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100687, div. B, 
      title XI, Sec. 1103, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 
101237, title I, Sec. 103, 112, Dec. 18, 1989, 103 Stat. 2063, 
    2065; Pub. L. 1023, Sec. 4, Feb. 6, 1991, 105 Stat. 8; 
renumbered Sec. 1162, Pub. L. 102 83, Sec. 5(a), Aug. 6, 1991, 
  105 Stat. 406; Pub. L. 102152, Sec. 4, Nov. 12, 1991, 105 
  Stat. 986; Pub. L. 10378, Sec. 3, Aug. 13, 1993, 107 Stat. 
 768; Pub. L. 103 140, Sec. 4, Nov. 11, 1993, 107 Stat. 1486; 
Pub. L. 10598, Sec. 4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 
    106118, Sec. 4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 
    107 94, Sec. 4, Dec. 21, 2001, 115 Stat. 901; Pub. L. 
107330, title III, Sec. 309(c), Dec. 6, 2002, 116 Stat. 2830; 
  Pub. L. 108454, title III, Sec. 307(c), Dec. 10, 2004, 118 
  Stat. 3613; Pub. L. 109111, Sec. 2(c), Nov. 22, 2005, 119 
  Stat. 2363; Pub. L. 109 444, Sec. 9(c), Dec. 21, 2006, 120 
 Stat. 3315; Pub. L. 109461, title X, Secs. 1005(c), 1006(b), 
  Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110324, Sec. 
  3(c), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 11137, Sec. 
 3(c), June 30, 2009, 123 Stat. 1929.) ' 1163. Trial work periods and 
 vocational rehabilitation for certain veterans with total disability 
ratings (a)(1) The disability rating of a qualified veteran who begins 
to engage in a substantially gainful occupation after January 31, 1985, 
   may not be reduced on the basis of the veteran having secured and 
    followed a substantially gainful occupation unless the veteran 
maintains such an occupation for a period of 12 consecutive months. (2) 
     For purposes of this section, the term qualified 
 veteran means a veteran who has a service-connected 
 disability, or service-connected disabilities, not rated as total but 
    who has been awarded a rating of total disability by reason of 
 inability to secure or follow a substantially gainful occupation as a 
result of such disability or disabilities. (b) The Secretary shall make 
 counseling services described in section 3104(a)(2) of this title and 
placement and postplacement services described in section 3104(a)(5) of 
  this title available to each qualified veteran (whether or not the 
 veteran is participating in a vocational rehabilitation program under 
   chapter 31 of this title). (c)(1) In the case of each award after 
    January 31, 1985, of a rating of total disability described in 
  subsection (a)(2) of this section to a veteran, the Secretary shall 
    provide to the veteran, at the time that notice of the award is 
 provided to the veteran, a statement providing (A) notice of the 
provisions of this section; (B) information explaining the purposes and 
availability of and eligibility for, and the procedures for pursuing, a 
 vocational rehabilitation program under chapter 31 of this title; and 
   (C) a summary description of the scope of services and assistance 
 available under that chapter. (2) After providing the notice required 
 under paragraph (1) of this subsection, the Secretary shall offer the 
veteran the opportunity for an evaluation under section 3106(a) of this 
title. (Added Pub. L. 98543, title I, Sec. 111(a)(1), Oct. 24, 
1984, 98 Stat. 2738, Sec. 363; amended Pub. L. 100687, div. B, 
 title XIII, Sec. 1301, Nov. 18, 1988, 102 Stat. 4127; renumbered Sec. 
 1163 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), 
       (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
   102291, Sec. 2(a), May 20, 1992, 106 Stat. 178; Pub. L. 
 102568, title IV, Sec. 401(a)(d)(1), Oct. 29, 1992, 
106 Stat. 4336.) CHAPTER 13 OF TITLE 38, UNITED STATES CODE [As Amended 
      Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART IIGENERAL 
BENEFITS CHAPTER 13DEPENDENCY AND INDEMNITY COMPENSATION 
   FOR SERVICE-CONNECTED DEATHS SUBCHAPTER IGENERAL Sec. 1301. 
  Definitions. 1302. Determination of pay grade. 1303. Cost-of-living 
 adjustments. 1304. Special provisions relating to surviving spouses. 
 SUBCHAPTER IIDEPENDENCY AND INDEMNITY COMPENSATION 1310. Deaths 
  entitling survivors to dependency and indemnity compensation. 1311. 
  Dependency and indemnity compensation to a surviving spouse. 1312. 
 Benefits in certain cases of in-service or service-connected deaths. 
    1313. Dependency and indemnity compensation to children. 1314. 
 Supplemental dependency and indemnity compensation to children. 1315. 
Dependency and indemnity compensation to parents. 1316. Dependency and 
 indemnity compensation in cases of prior deaths. 1317. Restriction on 
 payments under this chapter. 1318. Benefits for survivors of certain 
     veterans rated totally disabled at time of death. SUBCHAPTER 
IIICERTIFICATIONS 1321. Certifications with respect to pay grade. 
1322. Certifications with respect to social security entitlement. 1323. 
   Certifications with respect to circumstances of death. SUBCHAPTER 
  IGENERAL ' 1301. Definitions As used in this chapter-The term 
veteran includes a person who died in the 
active military, naval, or air service. (Pub. L. 85857, Sept. 
  2, 1958, 72 Stat. 1126, Sec. 401; Pub. L. 9124, Sec. 4(a), 
  June 11, 1969, 83 Stat. 33; Pub. L. 9196, Sec. 5, Oct. 27, 
1969, 83 Stat. 145; renumbered Sec. 1301, Pub. L. 10283, Sec. 
5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1302. Determination of pay grade 
 (a) With respect to a veteran who died in the active military, naval, 
or air service, such veterans pay grade shall be determined as 
  of the date of such veterans death or as of the date of a 
promotion after death while in a missing status. (b) With respect to a 
veteran who did not die in the active military, naval, or air service, 
such veterans pay grade shall be determined as of (1) the 
 time of such veterans last discharge or release from active 
 duty under conditions other than dishonorable; or 119 (2) the time of 
 such veterans discharge or release from any period of active 
duty for training or inactive duty training, if such veterans 
 death results from service-connected disability incurred during such 
 period and if such veteran was not thereafter discharged or released 
under conditions other than dishonorable from active duty. (c) The pay 
grade of any veteran described in section 106(b) of this title shall be 
    that to which such veteran would have been assigned upon final 
      acceptance or entry upon active duty. (d) If a veteran has 
satisfactorily served on active duty for a period of six months or more 
in a pay grade higher than that specified in subsection (a) or (b) and 
    any subsequent discharge or release from active duty was under 
conditions other than dishonorable, the higher pay grade shall be used 
if it will result in greater monthly payments to such veterans 
surviving spouse under this chapter. The determination as to whether an 
   individual has served satisfactorily for the required period in a 
 higher pay grade shall be made by the Secretary of the department in 
 which such higher pay grade was held. (e) The pay grade of any person 
  not otherwise described in this section, but who had a compensable 
     status on the date of such persons death under laws 
 administered by the Secretary, shall be determined by the head of the 
department under which such person performed the services by which such 
      person obtained such status (taking into consideration such 
  persons duties and responsibilities) and certified to the 
   Secretary. For the purposes of this chapter, such person shall be 
  deemed to have been on active duty while performing such services. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1126, Sec. 402; Pub. 
L. 86492, June 8, 1960, 74 Stat. 161; Pub. L. 89622, 
  Sec. 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 91 96, Sec. 1, 
 Oct. 27, 1969, 83 Stat. 144; Pub. L. 92169, Sec. 2, Nov. 24, 
      1971, 85 Stat. 489; Pub. L. 94433, title IV, Sec. 
      405(1)(3), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 
10254, Sec. 14(b)(2), June 13, 1991, 105 Stat. 283; renumbered 
  Sec. 1302 and amended Pub. L. 10283, Sec. 4(a)(1), (b)(1), 
 (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403406.) ' 1303. Cost-
    of-living adjustments (a) In the computation of cost-of-living 
    adjustments for fiscal years 1998 through 2013 in the rates of 
dependency and indemnity compensation payable under this chapter, such 
 adjustments (except as provided in subsection (b)) shall be made by a 
  uniform percentage that is no more than the percentage equal to the 
   social security increase for that fiscal year, with all increased 
   monthly rates (other than increased rates equal to a whole dollar 
  amount) rounded down to the next lower whole dollar amount. (b) For 
    purposes of this section, the term social security 
   increase means the percentage by which benefit 
 amounts payable under title II of the Social Security Act (42 U.S.C. 
    401 et seq.) are increased for any fiscal year as a result of a 
  determination under section 215(i) of such Act (42 U.S.C. 415(i)). 
  (Added Pub. L. 10533, title VIII, Sec. 8031(b)(1), Aug. 5, 
 1997, 111 Stat. 668; amended Pub. L. 107103, title II, Sec. 
205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108183, title VII, 
 Sec. 706, Dec. 16, 2003, 117 Stat. 2672.) ' 1304. Special provisions 
relating to surviving spouses No dependency and indemnity compensation 
shall be paid to the surviving spouse of a veteran dying after December 
31, 1956, unless such surviving spouse was married to such veteran 
(1) before the expiration of fifteen years after the termination of the 
 period of service in which the injury or disease causing the death of 
the veteran was incurred or aggravated; or (2) for one year or more; or 
(3) for any period of time if a child was born of the marriage, or was 
  born to them before the marriage. (Pub. L. 85857, Sept. 2, 
  1958, 72 Stat. 1127, Sec. 404; Pub. L. 9077, title I, Sec. 
101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94433, title IV, 
Sec. 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec. 1304, 
   Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
SUBCHAPTER IIDEPENDENCY AND INDEMNITY COMPENSATION ' 1310. Deaths 
 entitling survivors to dependency and indemnity compensation (a) When 
 any veteran dies after December 31, 1956, from a service-connected or 
    compensable disability, the Secretary shall pay dependency and 
  indemnity compensation to such veterans surviving spouse, 
   children, and parents. The standards and criteria for determining 
    whether or not a disability is service-connected shall be those 
applicable under chapter 11 of this title. (b) Dependency and indemnity 
 compensation shall not be paid to the surviving spouse, children, or 
   parents of any veteran dying after December 31, 1956, unless such 
  veteran (1) was discharged or released under conditions other than 
dishonorable from the period of active military, naval, or air service 
   in which the disability causing such veterans death was 
   incurred or aggravated, or (2) died while in the active military, 
 naval, or air service. (c) A person who receives a payment under the 
   provisions of the Radiation Exposure Compensation Act of 1990 (42 
 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of 
 that payment, of receipt of dependency and indemnity compensation to 
 which that person is otherwise entitled, but there shall be deducted 
 from payment of such dependency and indemnity compensation the amount 
of the payment under that Act. (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1127, Sec. 410; Pub. L. 94433, title IV, Sec. 405(7), 
 Sept. 30, 1976, 90 Stat. 1379; Pub. L. 95479, title II, Sec. 
  204, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 97306, title I, 
  Sec. 112(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 100687, 
    div. B, title XIV, Sec. 1403(b), Nov. 18, 1988, 102 Stat. 4131; 
renumbered Sec. 1310 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
   108454, title III, Sec. 302(b), Dec. 10, 2004, 118 Stat. 
  3610.) ' 1311. Dependency and indemnity compensation to a surviving 
spouse (a)(1) Dependency and indemnity compensation shall be paid to a 
  surviving spouse at the monthly rate of $1,154. (2) The rate under 
paragraph (1) shall be increased by $246 in the case of the death of a 
 veteran who at the time of death was in receipt of or was entitled to 
 receive (or but for the receipt of retired pay or retirement pay was 
 entitled to receive) compensation for a service-connected disability 
 that was rated totally disabling for a continuous period of at least 
eight years immediately preceding death. In determining the period of a 
 veterans disability for purposes of the preceding sentence, 
 only periods in which the veteran was married to the surviving spouse 
   shall be considered. (3) In the case of dependency and indemnity 
compensation paid to a surviving spouse that is predicated on the death 
     of a veteran before January 1, 1993, the monthly rate of such 
    compensation shall be the amount based on the pay grade of such 
veteran, as set forth in the following table, if the amount is greater 
  than the total amount determined with respect to that veteran under 
 paragraphs (1) and (2): MonthlyPay grade Monthly rate Pay grade rate 
        E1 ....................... $1,154 W4 
..................... $1,380 E2 ....................... $1,154 
         O1 ...................... $1,219 E3 
   ....................... $1,154 O2 ...................... 
     $1,260 E4 ....................... $1,154 O3 
   ...................... $1,347 E5 ....................... 
     $1,154 O4 ...................... $1,427 E6 
   ....................... $1,154 O5 ...................... 
     $1,571 E7 ....................... $1,194 O6 
   ...................... $1,771 E8 ....................... 
     $1,260 O7 ...................... $1,912 E9 
  ....................... $1,314 1 O8 ...................... 
     $2,100 W1 ...................... $1,219 O9 
...................... $2,246 W2 ...................... $1,267 
O-10 ..................... $2,463 2 W3 ...................... 
$1,305 .............................. ........................ 1 If the 
 veteran served as sergeant major of the Army, senior enlisted advisor 
of the Navy, chief master sergeant of the Air Force, sergeant major of 
the Marine Corps, or master chief petty officer of the Coast Guard, at 
   the applicable time designated by section 1302 of this title, the 
   surviving spouses rate shall be $1,419. 2 If the veteran 
served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief 
of Staff of the Army, Chief of Naval Operations, Chief of Staff of the 
 Air Force, Commandant of the Marine Corps, or Commandant of the Coast 
Guard, at the applicable time designated by section 1302 of this title, 
the surviving spouses rate shall be $2,643. (b) If there is a 
surviving spouse with one or more children below the age of eighteen of 
  a deceased veteran, the dependency and indemnity compensation paid 
  monthly to the surviving spouse shall be increased by $286 for each 
     such child. (c) The monthly rate of dependency and indemnity 
 compensation payable to a surviving spouse shall be increased by $286 
 if the spouse is (1) a patient in a nursing home or (2) blind, or so 
   nearly blind or significantly disabled as to need or require the 
 regular aid and attendance of another person. (d) The monthly rate of 
  dependency and indemnity compensation payable to a surviving spouse 
  shall be increased by $135 if the surviving spouse is, by reason of 
disability, permanently housebound but does not qualify for the aid and 
  attendance allowance under subsection (c) of this section. For the 
purposes of this subsection, the requirement of permanently 
 housebound will be considered to have been met when 
   the surviving spouse is substantially confined to such surviving 
spouses home (ward or clinical areas, if institutionalized) or 
 immediate premises by reason of a disability or disabilities which it 
      is reasonably certain will remain throughout such surviving 
  spouses lifetime. (e) In the case of an individual who is 
 eligible for dependency and indemnity compensation under this section 
 by reason of section 103(d)(2)(B) of this title who is also eligible 
     for benefits under another provision of law by reason of such 
individuals status as the surviving spouse of a veteran, then, 
    notwithstanding any other provision of law (other than section 
 5304(b)(3) of this title), no reduction in benefits under such other 
 provision of law shall be made by reason of such individuals 
    eligibility for benefits under this section. (f)(1) Subject to 
paragraphs (2) and (3), if there is a surviving spouse with one or more 
children below the age of 18, the dependency and indemnity compensation 
  paid monthly to the surviving spouse shall be increased by $250 (as 
  increased from time to time under paragraph (4)), regardless of the 
  number of such children. (2) Dependency and indemnity compensation 
  shall be increased under this subsection only for months occurring 
 during the two-year period beginning on the date on which entitlement 
to dependency and indemnity compensation commenced. (3) The increase in 
dependency and indemnity compensation of a surviving spouse under this 
subsection shall cease beginning with the first month commencing after 
 the month in which all children of the surviving spouse have attained 
  the age of 18. (4) Whenever there is an increase in benefit amounts 
  payable under title II of the Social Security Act (42 U.S.C. 401 et 
seq.) as a result of a determination made under section 215(i) of such 
 Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of 
  such increase in benefit amounts, increase the amount payable under 
 paragraph (1), as such amount was in effect immediately prior to the 
date of such increase in benefit amounts, by the same percentage as the 
percentage by which such benefit amounts are increased. Any increase in 
a dollar amount under this paragraph shall be rounded down to the next 
 lower whole dollar amount. (5) Dependency and indemnity compensation 
   under this subsection is in addition to any other dependency and 
      indemnity compensation payable under this chapter. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1127, Sec. 411; Pub. L. 
   87268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 
       8821, Sec. 1, May 15, 1963, 77 Stat. 17; Pub. L. 
      88134, Sec. 1, Oct. 5, 1963, 77 Stat. 223; Pub. L. 
     9124, Sec. 4(b), June 11, 1969, 83 Stat. 33; Pub. L. 
      9196, Sec. 3, Oct. 27, 1969, 83 Stat. 144; Pub. L. 
   91588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 
     92197, Sec. 1, Dec. 15, 1971, 85 Stat. 660; Pub. L. 
      92455, Sec. 4, Oct. 2, 1972, 86 Stat. 761; Pub. L. 
93295, title II, Sec. 201, May 31, 1974, 88 Stat. 182; Pub. L. 
9471, title II, Sec. 201, Aug. 5, 1975, 89 Stat. 396; Pub. L. 
94433, title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1375; Pub. 
  L. 95117, title II, Sec. 201, Oct. 3, 1977, 91 Stat. 1064; 
  Pub. L. 95479, title II, Sec. 201, Oct. 18, 1978, 92 Stat. 
  1562; Pub. L. 96128, title II, Sec. 201, Nov. 28, 1979, 93 
Stat. 984; Pub. L. 96385, title II, Sec. 201, Oct. 7, 1980, 94 
 Stat. 1529; Pub. L. 9766, title II, Sec. 201, Oct. 17, 1981, 
95 Stat. 1028; Pub. L. 97253, title IV, Sec. 405(e), Sept. 8, 
  1982, 96 Stat. 804; Pub. L. 97306, title I, Sec. 104, 107, 
 Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98223, title I, 
 Sec. 104, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98543, title I, 
Sec. 104, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99 238, title 
  I, Sec. 104, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99576, 
       title I, Sec. 104, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 
 100180, div. A, title XIII, Sec. 1314(d)((1)), Dec. 4, 1987, 
 101 Stat. 1176; Pub. L. 100227, title I, Sec. 104, Dec. 31, 
 1987, 101 Stat. 1554; Pub. L. 100687, div. B, title XI, Sec. 
1104, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101237, title I, 
 Sec. 104, Dec. 18, 1989, 103 Stat. 2063; Pub. L. 102 3, Sec. 
5, Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1311 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
    102152, Sec. 5, Nov. 12, 1991, 105 Stat. 986; Pub. L. 
 102568, title I, Sec. 102(a), (b), Oct. 29, 1992, 106 Stat. 
 4321, 4322; Pub. L. 10378, Sec. 4, Aug. 13, 1993, 107 Stat. 
 768; Pub. L. 103 140, Sec. 5, Nov. 11, 1993, 107 Stat. 1486; 
Pub. L. 10598, Sec. 5, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 
105178, title VIII, Sec. 8207(a), June 9, 1998, 112 Stat. 495; 
Pub. L. 106117, title V, Sec. 502(b), Nov. 30, 1999, 113 Stat. 
 1574; Pub. L. 106118, Sec. 5, Nov. 30, 1999, 113 Stat. 1602; 
 Pub. L. 10794, Sec. 5, Dec. 21, 2001, 115 Stat. 901; Pub. L. 
107330, title III, Sec. 309(d), Dec. 6, 2002, 116 Stat. 2830; 
Pub. L. 108183, title I, Sec. 101(b), Dec. 16, 2003, 117 Stat. 
 2652; Pub. L. 108454, title III, Secs. 301(a), 307(d), Dec. 
  10, 2004, 118 Stat. 3610, 3613; Pub. L. 109111, Sec. 2(d), 
 Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109233, title V, Sec. 
502(3), June 15, 2006, 120 Stat. 415; Pub. L. 109361, Sec. 4, 
Oct. 16, 2006, 120 Stat. 2063; Pub. L. 109444, Sec. 9(d), Dec. 
  21, 2006, 120 Stat. 3315; Pub. L. 109 461, title X, Secs. 
    1005(d), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 
 110 324, Sec. 3(d), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 
   11137, Sec. 3(d), June 30, 2009, 123 Stat. 1929; Pub. L. 
111275, title VI, Sec. 602, Oct. 13, 2010, 124 Stat. 2884.) ' 
  1312. Benefits in certain cases of in-service or service-connected 
deaths (a) In the case of any veteran (1) who dies after December 
   31, 1956, and is not a fully and currently insured individual (as 
 defined in section 214 of the Social Security Act (42 U.S.C. 414)) at 
     the time of such veterans death; and (2) whose death 
  occurs (A) while on active duty, active duty for training, or 
  inactive duty training; or (B) as the result of a service-connected 
disability incurred after September 15, 1940; and (3) who leaves one or 
 more survivors who are not entitled for any month to monthly benefits 
  under section 202 of the Social Security Act (42 U.S.C. 402) on the 
 basis of such veterans wages and self-employment income but 
 who would, upon application therefor, be entitled to such benefits if 
 such veteran had been fully and currently insured at the time of such 
    veterans death; the Secretary shall pay for such month 
benefits under this section to each such survivor in an amount equal to 
the amount of the benefits which would have been paid for such month to 
such survivor under title II of the Social Security Act (42 U.S.C. 401 
et seq.), if such veteran had been both fully and currently insured at 
the time of such veterans death and if such survivor had filed 
application therefor on the same date on which application for benefits 
 under this section is filed with the Secretary. (b) In any case where 
the amount of dependency and indemnity compensation payable under this 
chapter to a surviving spouse who has children is less than the amount 
of pension which would be payable to (1) such surviving spouse, or (2) 
such children if the surviving spouse were not entitled, under chapter 
15 of this title had the death occurred under circumstances authorizing 
   payment of death pension, the Secretary shall pay dependency and 
 indemnity compensation to such surviving spouse in an amount equal to 
  such amount of pension. (Pub. L. 85857, Sept. 2, 1958, 72 
  Stat. 1128, Sec. 412; Pub. L. 87268, Sec. 1(a), Sept. 21, 
  1961, 75 Stat. 566; Pub. L. 89466, June 22, 1966, 80 Stat. 
217; Pub. L. 94433, title IV, Sec. 405(9), Sept. 30, 1976, 90 
  Stat. 1379; Pub. L. 98223, title II, Sec. 213(2), Mar. 2, 
  1984, 98 Stat. 46; Pub. L. 10254, Sec. 14(b)(3), June 13, 
     1991, 105 Stat. 283; renumbered Sec. 1312 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
  404406.) ' 1313. Dependency and indemnity compensation to 
   children (a) Whenever there is no surviving spouse of a deceased 
 veteran entitled to dependency and indemnity compensation, dependency 
    and indemnity compensation shall be paid in equal shares to the 
 children of the deceased veteran at the following monthly rates: (1) 
one child, $488; (2) two children, $701; (3) three children, $915; and 
(4) more than three children, $915, plus $174 for each child in excess 
of three. (b) If dependency and indemnity compensation has been awarded 
  under this section to a veterans child or children and the 
entitlement to dependency and indemnity compensation under this section 
of an additional child of that veteran who is over the age of eighteen 
years and who had previously been entitled to dependency and indemnity 
 compensation under this section before becoming eighteen years of age 
is later reestablished effective retroactively upon determination that 
     such child is pursuing a course of instruction at an approved 
   educational institution, the amount payable retroactively to the 
  additional child is the amount equal to the difference between the 
total of the increased award payable under this section to the children 
of the deceased veteran for the retroactive period and the prior total 
award for such purpose for that period. (Pub. L. 85857, Sept. 
 2, 1958, 72 Stat. 1128, Sec. 413; Pub. L. 8821, Sec. 2, May 
15, 1963, 77 Stat. 17; Pub. L. 89730, Sec. 4, Nov. 2, 1966, 80 
Stat. 1159; Pub. L. 91262, Sec. 2, May 21, 1970, 84 Stat. 256; 
 Pub. L. 92197, Sec. 2, Dec. 15, 1971, 85 Stat. 660; Pub. L. 
93295, title II, Sec. 202, May 31, 1974, 88 Stat. 182; Pub. L. 
9471, title II, Sec. 202, Aug. 5, 1975, 89 Stat. 397; Pub. L. 
94433, title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1376; Pub. 
  L. 95117, title II, Sec. 202, Oct. 3, 1977, 91 Stat. 1065; 
  Pub. L. 95479, title II, Sec. 202, Oct. 18, 1978, 92 Stat. 
  1563; Pub. L. 96128, title II, Sec. 202, Nov. 28, 1979, 93 
Stat. 985; Pub. L. 96385, title II, Sec. 202, Oct. 7, 1980, 94 
Stat. 1530; Pub. L. 9766, title II, Sec. 202, 204(a), Oct. 17, 
  1981, 95 Stat. 1029; Pub. L. 97253, title IV, Sec. 405(f), 
Sept. 8, 1982, 96 Stat. 804; Pub. L. 97306, title I, Sec. 105, 
 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98 223, title I, 
 Sec. 105, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98543, title I, 
 Sec. 105, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99238, title 
  I, Sec. 105, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99576, 
title I, Sec. 105, title VII, Sec. 703(a)(1), Oct. 28, 1986, 100 Stat. 
3252, 3302; Pub. L. 100227, title I, Sec. 105, Dec. 31, 1987, 
    101 Stat. 1554; Pub. L. 100687, div. B, title XI, Sec. 
1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101237, title 
 I, Sec. 105(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 1023, 
  Sec. 6(a), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1313, Pub. L. 
    10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
   102152, Sec. 6(a), Nov. 12, 1991, 105 Stat. 987; Pub. L. 
   10378, Sec. 5(a), Aug. 13, 1993, 107 Stat. 768; Pub. L. 
  103140, Sec. 6(a), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 
   10598, Sec. 6(a), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 
  106118, Sec. 6(a), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 
   107 94, Sec. 6(a), Dec. 21, 2001, 115 Stat. 902; Pub. L. 
  107330, title III, Sec. 309(e)(1), Dec. 6, 2002, 116 Stat. 
  2831; Pub. L. 108454, title III, Sec. 307(e)(1), Dec. 10, 
 2004, 118 Stat. 3614; Pub. L. 109111, Sec. 2(e)(1), Nov. 22, 
 2005, 119 Stat. 2364; Pub. L. 109444, Sec. 9(e)(1), Dec. 21, 
     2006, 120 Stat. 3315; Pub. L. 109461, title X, Secs. 
      1005(e)(1), 1006(b), Dec. 22, 2006, 120 Stat. 3468; Pub. L. 
110324, Sec. 3(e)(1), Sept. 24, 2008, 122 Stat. 3552; Pub. L. 
 11137, Sec. 3(e)(1), June 30, 2009, 123 Stat. 1930.) ' 1314. 
 Supplemental dependency and indemnity compensation to children (a) In 
 the case of a child entitled to dependency and indemnity compensation 
  who has attained the age of eighteen and who, while under such age, 
   became permanently incapable of self-support, the dependency and 
indemnity compensation paid monthly to such child shall be increased by 
 $286. (b) If dependency and indemnity compensation is payable monthly 
    to a person as a surviving spouse and there is a child (of such 
persons deceased spouse) who has attained the age of eighteen 
  and who, while under such age, became permanently incapable of self-
support, dependency and indemnity compensation shall be paid monthly to 
   each such child, concurrently with the payment of dependency and 
indemnity compensation to the surviving spouse, in the amount of $488. 
 (c) If dependency and indemnity compensation is payable monthly to a 
      person as a surviving spouse and there is a child (of such 
persons deceased spouse), who has attained the age of eighteen 
 and who, while under the age of twenty-three, is pursuing a course of 
instruction at an educational institution approved under section 104 of 
this title, dependency and indemnity compensation shall be paid monthly 
  to each such child, concurrently with the payment of dependency and 
indemnity compensation to the surviving spouse, in the amount of $243. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1128, Sec. 414; Pub. 
     L. 8821, Sec. 3, May 15, 1963, 77 Stat. 17; Pub. L. 
  89311, Sec. 2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 
     89730, Sec. 5, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 
      91262, Sec. 3, May 21, 1970, 84 Stat. 256; Pub. L. 
     92197, Sec. 3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 
93295, title II, Sec. 203, May 31, 1974, 88 Stat. 183; Pub. L. 
9471, title II, Sec. 203, Aug. 5, 1975, 89 Stat. 397; Pub. L. 
 94433, title II, Sec. 203, title IV, Sec. 405(10), Sept. 30, 
1976, 90 Stat. 1376, 1380; Pub. L. 95117, title II, Sec. 203, 
  Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95479, title II, Sec. 
 203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96128, title II, 
 Sec. 203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96385, title 
II, Sec. 203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 9766, title 
  II, Sec. 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97253, 
      title IV, Sec. 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 
 97306, title I, Sec. 106, 107, Oct. 14, 1982, 96 Stat. 1431; 
 Pub. L. 98223, title I, Sec. 106, Mar. 2, 1984, 98 Stat. 39; 
  Pub. L. 98543, title I, Sec. 106, Oct. 24, 1984, 98 Stat. 
  2737; Pub. L. 99238, title I, Sec. 106, Jan. 13, 1986, 99 
 Stat. 1767; Pub. L. 99576, title I, Sec. 106, Oct. 28, 1986, 
 100 Stat. 3252; Pub. L. 100227, title I, Sec. 106, Dec. 31, 
 1987, 101 Stat. 1555; Pub. L. 100687, div. B, title XI, Sec. 
1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101237, title 
 I, Sec. 105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 1023, 
  Sec. 6(b), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1314, Pub. L. 
    10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
  102 152, Sec. 6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 
   10378, Sec. 5(b), Aug. 13, 1993, 107 Stat. 769; Pub. L. 
  103140, Sec. 6(b), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 
   10598, Sec. 6(b), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 
  106118, Sec. 6(b), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 
   10794, Sec. 6(b), Dec. 21, 2001, 115 Stat. 902; Pub. L. 
  107330, title III, Sec. 309(e)(2), Dec. 6, 2002, 116 Stat. 
  2831; Pub. L. 108 454, title III, Sec. 307(e)(2), Dec. 10, 
 2004, 118 Stat. 3614; Pub. L. 109111, Sec. 2(e)(2), Nov. 22, 
 2005, 119 Stat. 2364; Pub. L. 109444, Sec. 9(e)(2), Dec. 21, 
     2006, 120 Stat. 3315; Pub. L. 109461, title X, Secs. 
      1005(e)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3468; Pub. L. 
110324, Sec. 3(e)(2), Sept. 24, 2008, 122 Stat. 3552; Pub. L. 
 11137, Sec. 3(e)(2), June 30, 2009, 123 Stat. 1930.) ' 1315. 
   Dependency and indemnity compensation to parents (a)(1) Except as 
provided in paragraph (2), dependency and indemnity compensation shall 
    be paid monthly to parents of a deceased veteran in the amounts 
  prescribed by this section. (2) Under regulations prescribed by the 
Secretary, benefits under this section may be paid less frequently than 
 monthly if the amount of the annual benefit is less than 4 percent of 
 the maximum annual rate payable under this section. (b)(1) Except as 
  provided in paragraph (4) of this subsection, if there is only one 
parent, the monthly rate of dependency and indemnity compensation paid 
  to such parent shall be $569, as increased from time to time under 
 section 5312(b)(1) of this title and reduced by an amount, based upon 
   the amount of such parents annual income, determined in 
 accordance with regulations which the Secretary shall prescribe under 
  section 5312(b)(2) of this title. (2) In no case may the amount of 
dependency and indemnity compensation payable to any parent under this 
 subsection be less than $5 monthly. (3) In no case may dependency and 
 indemnity compensation be paid under paragraph (1) of this subsection 
 to any parent if the annual income of such parent exceeds $13,456, as 
 increased from time to time under section 5312 of this title. (4) If 
 there is only one parent and such parent has remarried and is living 
      with such parents spouse, dependency and indemnity 
compensation shall be paid to such parent under either paragraph (1) of 
this subsection or under subsection (d) of this section, whichever will 
 result in the greater amount of such compensation being paid to such 
 parent. In such a case of remarriage the total combined annual income 
  of the parent and such parents spouse shall be counted in 
 determining the monthly rate of dependency and indemnity compensation 
under the appropriate formula. (c)(1) Except as provided in subsection 
(d) of this section, if there are two parents, but they are not living 
  together, the monthly rate of dependency and indemnity compensation 
paid to each such parent shall be $412, as increased from time to time 
under section 5312(b)(1) of this title and reduced by an amount, based 
 upon the amount of such parents annual income, determined in 
 accordance with regulations which the Secretary shall prescribe under 
  section 5312(b)(2) of this title. (2) In no case may the amount of 
dependency and indemnity compensation payable to any parent under this 
 subsection be less than $5 monthly. (3) In no case may dependency and 
 indemnity compensation be paid under paragraph (1) of this subsection 
 to any parent if the annual income of such parent exceeds $13,456, as 
increased from time to time under section 5312 of this title. (d)(1) If 
   there are two parents who are living together, or if a parent has 
remarried and is living with such parents spouse, the monthly 
rate of dependency and indemnity compensation paid to such parent shall 
  be $387, as increased from time to time under section 5312(b)(1) of 
   this title and reduced by an amount, based upon the amount of the 
      combined annual income of the parents or the parent and the 
  parents spouse, determined in accordance with regulations 
 which the Secretary shall prescribe under section 5312(b)(2) of this 
   title. (2) In no case may the amount of dependency and indemnity 
 compensation payable to any parent under this subsection be less than 
$5 monthly. (3) In no case may dependency and indemnity compensation be 
  paid under this subsection to a parent if the total combined annual 
income of the parent and such parents spouse exceeds $18,087, 
 as increased from time to time under section 5312 of this title. (e) 
  The Secretary may require as a condition of granting or continuing 
  dependency and indemnity compensation to a parent that such parent, 
 other than one who has attained seventy-two years of age and has been 
   paid dependency and indemnity compensation during two consecutive 
  calendar years, file for a calendar year with the Secretary (on the 
  form prescribed by the Secretary) a report showing the total income 
which such parent expects to receive in that year and the total income 
which such parent received in the preceding year. The parent or parents 
   shall notify the Secretary whenever there is a material change in 
  annual income. (f)(1) In determining income under this section, all 
payments of any kind or from any source shall be included, except 
 (A) payments of the six-months death gratuity; (B) donations 
 from public or private relief or welfare organizations; (C) payments 
 under this chapter (except section 1312(a)) and chapters 11 and 15 of 
    this title and under the first sentence of section 9(b) of the 
  Veterans Pension Act of 1959; (D) lump-sum death payments 
under title II of the Social Security Act (42 U.S.C. 401 et seq.); (E) 
  payments of bonus or similar cash gratuity by any State based upon 
      service in the Armed Forces; (F) payments under policies of 
servicemembers group life insurance, United States Government 
  life insurance or national service life insurance, and payments of 
    servicemens indemnity; (G) 10 percent of the amount of 
payments to an individual under public or private retirement, annuity, 
 endowment, or similar plans or programs; (H) amounts equal to amounts 
    paid by a parent of a deceased veteran for (i) a deceased 
spouses just debts, (ii) the expenses of the spouses 
   last illness to the extent such expenses are not reimbursed under 
        chapter 51 of this title, and (iii) the expenses of the 
   spouses burial to the extent that such expenses are not 
     reimbursed under chapter 23 or chapter 51 of this title; (I) 
    reimbursements of any kind for any casualty loss (as defined in 
   regulations which the Secretary shall prescribe), but the amount 
   excluded under this clause may not exceed the greater of the fair 
   market value or the reasonable replacement value of the property 
involved at the time immediately preceding the loss; (J) amounts equal 
  to amounts paid by a parent of a deceased veteran for (i) the 
 expenses of the veterans last illness, and (ii) the expenses 
 of such veterans burial to the extent that such expenses are 
not reimbursed under chapter 23 of this title; (K) profit realized from 
 the disposition of real or personal property other than in the course 
  of a business; (L) payments received for discharge of jury duty or 
   obligatory civic duties; (M) payments of annuities elected under 
   subchapter I of chapter 73 of title 10. (2) Where a fraction of a 
  dollar is involved, annual income shall be fixed at the next lower 
 dollar. (3) The Secretary may provide by regulation for the exclusion 
from income under this section of amounts paid by a parent for unusual 
  medical expenses. (g) The monthly rate of dependency and indemnity 
    compensation payable to a parent shall be increased by $308, as 
 increased from time to time under section 5312 of this title, if such 
 parent is (1) a patient in a nursing home or (2) blind, or so nearly 
 blind or significantly disabled as to need or require the regular aid 
  and attendance of another person. (Pub. L. 85857, Sept. 2, 
1958, 72 Stat. 1129, Sec. 415; Pub. L. 87268, Sec. 1(b), Sept. 
21, 1961, 75 Stat. 566; Pub. L. 8821, Sec. 4, May 15, 1963, 77 
  Stat. 17; Pub. L. 89730, Sec. 1, 2, Nov. 2, 1966, 80 Stat. 
1157, 1158; Pub. L. 90275, Sec. 2, Mar. 28, 1968, 82 Stat. 66; 
  Pub. L. 91588, Sec. 2, 8(a), Dec. 24, 1970, 84 Stat. 1582, 
1584; Pub. L. 92197, Sec. 4, Dec. 15, 1971, 85 Stat. 661; Pub. 
  L. 92425, Sec. 6(1), Sept. 21, 1972, 86 Stat. 713; Pub. L. 
      93177, Sec. 4, Dec. 6, 1973, 87 Stat. 695; Pub. L. 
     93527, Sec. 7, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 
94169, title II, Sec. 201, Dec. 23, 1975, 89 Stat. 1019; Pub. 
L. 94432, title III, Sec. 301, Sept. 30, 1976, 90 Stat. 1371; 
  Pub. L. 95204, title II, Sec. 201, Dec. 2, 1977, 91 Stat. 
  1457; Pub. L. 95588, title II, Sec. 201, Nov. 4, 1978, 92 
Stat. 2505; Pub. L. 96466, title VI, Sec. 605(c)(1), Oct. 17, 
1980, 94 Stat. 2211; Pub. L. 97295, Sec. 4(10), Oct. 12, 1982, 
    96 Stat. 1305; Pub. L. 100687, div. B, title XIV, Sec. 
 1402(a), Nov. 18, 1988, 102 Stat. 4129; Pub. L. 10240, title 
 IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1315 
and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), 
Aug. 6, 1991, 105 Stat. 404406; Pub. L. 10286, title 
  I, Sec. 102, Aug. 14, 1991, 105 Stat. 414; Pub. L. 103271, 
Sec. 9(a), July 1, 1994, 108 Stat. 743; Pub. L. 104275, title 
       IV, Sec. 405(c)(1), Oct. 9, 1996, 110 Stat. 3340; Pub. L. 
 109233, title V, Sec. 502(3), June 15, 2006, 120 Stat. 415; 
 Pub. L. 11137, Sec. 3(f), June 30, 2009, 123 Stat. 1930.) ' 
 1316. Dependency and indemnity compensation in cases of prior deaths 
 (a)(1) Any person who is eligible as a surviving spouse or child for 
  death compensation by reason of a death occurring before January 1, 
     1957, may receive dependency and indemnity compensation upon 
 application therefor. (2) Any person who is eligible as a parent, or, 
  but for such persons annual income, would be eligible as a 
 parent, for death compensation by reason of a death occurring before 
January 1, 1957, may receive dependency and indemnity compensation upon 
     application therefor; however, the annual income limitations 
  established by section 1315 of this title shall apply to each such 
  parent. (b)(1) Whenever the surviving spouse of a veteran has been 
    granted dependency and indemnity compensation by reason of this 
 section, payments to such surviving spouse and to the children of the 
  veteran shall thereafter be made under this chapter, and shall not 
thereafter be made to them by reason of the death of the veteran under 
(A) other provisions of law administered by the Secretary providing for 
the payment of compensation or pension, or (B) subchapter I of chapter 
   81 of title 5. (2) Whenever the child or parent of any veteran is 
   granted dependency and indemnity compensation, payments shall not 
 thereafter be made to such child or parent by reason of the death of 
   the veteran under (A) other provisions of law administered by the 
Secretary providing for the payment of compensation or pension, or (B) 
 subchapter I of chapter 81 of title 5. (c) If children of a deceased 
individual are receiving death compensation, and all such children have 
 not applied for dependency and indemnity compensation, (1) dependency 
and indemnity compensation paid to each child who has applied therefor 
shall not exceed the amounts which would be paid if the application had 
been made by, or on behalf of, all such children, and (2) benefits paid 
 under other provisions of law administered by the Secretary providing 
 for the payment of compensation or pension, or under sub-chapter I of 
 chapter 81 of title 5, to each child who has not so applied therefor 
 shall not exceed the amounts which would be paid to such child if no 
   such application had been made. (d) If there are two parents of a 
deceased individual eligible for benefits by reason of subsection (a), 
  and an application for dependency and indemnity compensation is not 
made by both parents, (1) dependency and indemnity compensation paid to 
  the parent who applies therefor shall not exceed the amounts which 
 would be paid to such parent if both parents had so applied, and (2) 
    benefits paid under other provisions of law administered by the 
     Secretary providing for the payment of compensation, or under 
  subchapter I of chapter 81 of title 5, to the parent who has not so 
 applied therefor shall not exceed the amounts which would be paid to 
  such parent if no such application had been made. (e)(1) Except as 
provided in paragraphs (3) and (4), no person who, on January 1, 1957, 
  was a principal or contingent beneficiary of any payments under the 
    Servicemens Indemnity Act of 1951 may receive any such 
 payments based upon the death giving rise to such payments after such 
  person has been granted dependency and indemnity compensation based 
    upon that death. No principal or contingent beneficiary who has 
  assigned such beneficiarys interest in payments under the 
  Servicemens Indemnity Act of 1951 after June 28, 1956, may 
  receive any payments under this chapter based upon the death giving 
rise to such payments until the portion of the indemnity so assigned is 
no longer payable to any person. (2) Where a beneficiary is barred from 
the receipt of payments under the Servicemens Indemnity Act of 
 1951 by virtue of the first sentence of paragraph (1), no payments of 
  the portion of indemnity in which such beneficiary had an interest 
shall be made to any other beneficiary. (3) In the case of a child who 
has applied for dependency and indemnity compensation pursuant to this 
section or prior corresponding provisions of law, and who is or becomes 
 a beneficiary under the Servicemens Indemnity Act of 1951 by 
reason of the death giving rise to such childs eligibility for 
 dependency and indemnity compensation, the Secretary shall determine 
 and pay to such child for each month, or part thereof, payments under 
    this chapter or under such Act, whichever payment the Secretary 
determines to be the greater amount. (4) Notwithstanding paragraph (2), 
where a child receives dependency and indemnity compensation under this 
   chapter, and thereafter dies, the portion of servicemens 
 indemnity in which such child had an interest may be paid (subject to 
paragraph (3)) to another child of the person by reason of whose death 
       such servicemens indemnity was payable. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1130, Sec. 416; Pub. L. 
94433, title IV, Sec. 405(11)(16), Sept. 30, 1976, 90 
Stat. 1380; Pub. L. 97295, Sec. 4(11), Oct. 12, 1982, 96 Stat. 
  1305; renumbered Sec. 1316 and amended Pub. L. 10283, Sec. 
    4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 403406.) ' 1317. Restriction on payments under this chapter 
   (a) Except as provided in subsection (b), no person eligible for 
dependency and indemnity compensation by reason of any death occurring 
after December 31, 1956, shall be eligible by reason of such death for 
any payments under (1) provisions of law administered by the Secretary 
 providing for the payment of death compensation or death pension, or 
 (2) subchapter I of chapter 81 of title 5. (b) A surviving spouse who 
  is eligible for dependency and indemnity compensation may elect to 
     receive death pension instead of such compensation. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1132, Sec. 417; Pub. L. 
 91291, Sec. 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 
     92197, Sec. 5, Dec. 15, 1971, 85 Stat. 662; Pub. L. 
 97295, Sec. 4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered 
Sec. 1317 and amended Pub. L. 10283, Sec. 4(a)(1), 5(a), Aug. 
  6, 1991, 105 Stat. 403, 406; Pub. L. 103446, title I, Sec. 
 111(a), Nov. 2, 1994, 108 Stat. 4654.) ' 1318. Benefits for survivors 
  of certain veterans rated totally disabled at time of death (a) The 
Secretary shall pay benefits under this chapter to the surviving spouse 
 and to the children of a deceased veteran described in subsection (b) 
 of this section in the same manner as if the veterans death 
     were service connected. (b) A deceased veteran referred to in 
subsection (a) of this section is a veteran who dies, not as the result 
of the veterans own willful misconduct, and who was in receipt 
    of or entitled to receive (or but for the receipt of retired or 
  retirement pay was entitled to receive) compensation at the time of 
   death for a service-connected disability rated totally disabling 
if (1) the disability was continuously rated totally disabling for 
   a period of 10 or more years immediately preceding death; (2) the 
disability was continuously rated totally disabling for a period of not 
less than five years from the date of such veterans discharge 
  or other release from active duty; or (3) the veteran was a former 
 prisoner of war who died after September 30, 1999, and the disability 
was continuously rated totally disabling for a period of not less than 
  one year immediately preceding death. (c) Benefits may not be paid 
under this chapter by reason of this section to a surviving spouse of a 
veteran unless (1) the surviving spouse was married to the veteran 
for one year or more immediately preceding the veterans death; 
or (2) a child was born of the marriage or was born to them before the 
 marriage. (d) If a surviving spouse or a child receives any money or 
 property of value pursuant to an award in a judicial proceeding based 
upon, or a settlement or compromise of, any cause of action for damages 
for the death of a veteran described in subsection (a) of this section, 
 benefits under this chapter payable to such surviving spouse or child 
 by virtue of this section shall not be paid for any month following a 
 month in which any such money or property is received until such time 
  as the total amount of such benefits that would otherwise have been 
 payable equals the total of the amount of the money received and the 
    fair market value of the property received. (e) For purposes of 
  sections 1448(d) and 1450(c) of title 10, eligibility for benefits 
     under this chapter by virtue of this section shall be deemed 
  eligibility for dependency and indemnity compensation under section 
 1311(a) of this title. (Added Pub. L. 100687, div. B, title 
XIV, Sec. 1403(a)(1), Nov. 18, 1988, 102 Stat. 4130, Sec. 418; amended 
 Pub. L. 101237, title I, Sec. 113, Dec. 18, 1989, 103 Stat. 
  2065; renumbered Sec. 1318 and amended Pub. L. 10283, Sec. 
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; 
Pub. L. 106117, title V, Sec. 501(b), Nov. 30, 1999, 113 Stat. 
1573; Pub. L. 106419, title IV, Sec. 404(a)(2), Nov. 1, 2000, 
 114 Stat. 1864; Pub. L. 111275, title VI, Sec. 603(a), Oct. 
 13, 2010, 124 Stat. 2885.) SUBCHAPTER IIICERTIFICATIONS ' 1321. 
Certifications with respect to pay grade The Secretary concerned shall, 
at the request of the Secretary, certify to the Secretary the pay grade 
   of deceased persons with respect to whose deaths applications for 
    benefits are filed under this chapter. The certification of the 
   Secretary concerned shall be binding upon the Secretary. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1132, Sec. 421; Pub. L. 
      9196, Sec. 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 
94433, title IV, Sec. 405(17), Sept. 30, 1976, 90 Stat. 1380; 
renumbered Sec. 1321 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1322. 
    Certifications with respect to social security entitlement (a) 
Determinations required by section 1312(a) of this title (other than a 
   determination required by section 1312(a)(2) of this title) as to 
whether any survivor described in section 1312(a)(3) of this title of a 
deceased individual would be entitled to benefits under section 202 of 
  the Social Security Act (42 U.S.C. 402) for any month and as to the 
   amount of the benefits which would be paid for such month, if the 
 deceased veteran had been a fully and currently insured individual at 
    the time of such veterans death, shall be made by the 
    Commissioner of Social Security, and shall be certified by the 
 Commissioner to the Secretary upon request of the Secretary. (b) The 
 Secretary shall pay to the Commissioner of Social Security an amount 
equal to the costs which will be incurred in making determinations and 
 certifications under subsection (a). Such payments shall be made with 
respect to the costs incurred during such period (but not shorter than 
     a calendar quarter) as the Secretary and the Commissioner may 
prescribe, with the amount of such payments to be made on the basis of 
    estimates made by the Commissioner after consultation with the 
  Secretary. The amount payable for any period shall be increased or 
reduced to compensate for any underpayment or overpayment, as the case 
may be, of the costs incurred in any preceding period. (c) Except with 
 respect to determinations made under subsection (a) of this section, 
 the Secretary shall prescribe such regulations as may be necessary to 
 carry out the provisions of this section and section 1312(a) of this 
title. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1132, Sec. 422; 
 Pub. L. 87268, Sec. 1(b), (c), Sept. 21, 1961, 75 Stat. 566; 
  Pub. L. 94433, title IV, Sec. 405(18), Sept. 30, 1976, 90 
Stat. 1380; Pub. L. 97295, Sec. 4(12), (95)(A), Oct. 12, 1982, 
     96 Stat. 1305, 1313; renumbered Sec. 1322 and amended Pub. L. 
10283, Sec. 4(b)(1), (2)(A), (E), 5(a), (c)(1), Aug. 6, 1991, 
  105 Stat. 404406; Pub. L. 108183, title VII, Sec. 
708(c)(1), Dec. 16, 2003, 117 Stat. 2673.) ' 1323. Certifications with 
respect to circumstances of death Whenever the Secretary determines on 
the basis of a claim for benefits filed with the Secretary that a death 
  occurred under the circumstances referred to in section 1476(a) of 
   title 10, the Secretary shall certify that fact to the Secretary 
      concerned. In all other cases, the Secretary shall make the 
    determination referred to in such section at the request of the 
 Secretary concerned. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
 1133, Sec. 423; Pub. L. 94433, title IV, Sec. 405(19), Sept. 
 30, 1976, 90 Stat. 1380; Pub. L. 10254, Sec. 14(b)(4), June 
   13, 1991, 105 Stat. 283; renumbered Sec. 1323 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), (3)(A), 5(a), Aug. 6, 1991, 105 
Stat. 404406.) CHAPTER 15 OF TITLE 38, UNITED STATES CODE [As 
  Amended Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART IIGENERAL 
  BENEFITS CHAPTER 15PENSION FOR NON-SERVICE-CONNECTED 
DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER IGENERAL Sec. 1501. 
  Definitions. 1502. Determinations with respect to disability. 1503. 
Determinations with respect to annual income. 1504. Persons heretofore 
     having a pensionable status. 1505. Payment of pension during 
     confinement in penal institutions. 1506. Resource reports and 
   overpayment adjustments. 1507. Disappearance. 1508. Frequency of 
   payment of pension benefits. SUBCHAPTER IIVETERANS 
   PENSIONS Service Pension 1511. Indian War veterans. 1512. Spanish-
 American War veterans. 1513. Veterans 65 years of age and older. Non-
Service-Connected Disability Pension 1521. Veterans of a period of war. 
    1522. Net worth limitation. 1523. Combination of ratings. 1524. 
Vocational training for certain pension recipients. 1525. Protection of 
   health-care eligibility. SUBCHAPTER IIIPENSIONS TO SURVIVING 
SPOUSES AND CHILDREN Wars Before World War I 1532. Surviving spouses of 
    Civil War veterans. 1533. Children of Civil War veterans. 1534. 
Surviving spouses of Indian War veterans. 1535. Children of Indian War 
  veterans. 1536. Surviving spouses of Spanish-American War veterans. 
 1537. Children of Spanish-American War veterans. Other Periods of War 
1541. Surviving spouses of veterans of a period of war. 1542. Children 
of veterans of a period of war. 1543. Net worth limitation. SUBCHAPTER 
IVARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL 1560. 
Medal of Honor Roll; persons eligible. 1561. Certificate. 1562. Special 
 provisions relating to pension. 137 SUBCHAPTER IGENERAL ' 1501. 
    Definitions For the purposes of this chapter (1) The term 
    Indian Wars means the campaigns, 
   engagements, and expeditions of the United States military forces 
against Indian tribes or nations, service in which has been recognized 
 heretofore as pensionable service. (2) The term World War 
I includes, in the case of any veteran, any period of 
 service performed by such veteran after November 11, 1918, and before 
July 2, 1921, if such veteran served in the active military, naval, or 
air service after April 5, 1917, and before November 12, 1918. (3) The 
term Civil War veteran includes a person 
who served in the military or naval forces of the Confederate States of 
America during the Civil War, and the term active military 
  or naval service includes active service in those 
forces. (4) The term period of war means 
   the Mexican border period, World War I, World War II, the Korean 
    conflict, the Vietnam era, 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. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1134, Sec. 501; Pub. L. 94169, title I, Sec. 
106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95588, title I, 
 Sec. 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 10225, title 
  III, Sec. 333(a), Apr. 6, 1991, 105 Stat. 88; renumbered Sec. 1501, 
  Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 
1502. Determinations with respect to disability (a) For the purposes of 
   this chapter, a person shall be considered to be permanently and 
totally disabled if such person is any of the following: (1) A patient 
    in a nursing home for long-term care because of disability. (2) 
  Disabled, as determined by the Commissioner of Social Security for 
    purposes of any benefits administered by the Commissioner. (3) 
 Unemployable as a result of disability reasonably certain to continue 
  throughout the life of the person. (4) Suffering from (A) any 
disability which is sufficient to render it impossible for the average 
person to follow a substantially gainful occupation, but only if it is 
 reasonably certain that such disability will continue throughout the 
 life of the person; or (B) any disease or disorder determined by the 
      Secretary to be of such a nature or extent as to justify a 
  determination that persons suffering therefrom are permanently and 
totally disabled. (b) For the purposes of this chapter, a person shall 
   be considered to be in need of regular aid and attendance if such 
 person is (1) a patient in a nursing home or (2) blind, or so nearly 
 blind or significantly disabled as to need or require the regular aid 
and attendance of another person. (c) For the purposes of this chapter, 
the requirement of permanently housebound 
 will be considered to have been met when the veteran is substantially 
 confined to such veterans house (ward or clinical areas, if 
    institutionalized) or immediate premises due to a disability or 
disabilities which it is reasonably certain will remain throughout such 
veterans lifetime. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1134, Sec. 502; Pub. L. 88664, Sec. 6(b), Oct. 13, 1964, 
78 Stat. 1095; Pub. L. 9077, title I, Sec. 102, Aug. 31, 1967, 
 81 Stat. 178; Pub. L. 94169, title I, Sec. 106(2), Dec. 23, 
1975, 89 Stat. 1017; Pub. L. 94 432, title II, Sec. 201, Sept. 
  30, 1976, 90 Stat. 1369; Pub. L. 101508, title VIII, Sec. 
8002(a), Nov. 5, 1990, 104 Stat. 1388342; renumbered Sec. 1502 
and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 
 1991, 105 Stat. 404406; Pub. L. 107 103, title II, 
  Sec. 206(a), Dec. 27, 2001, 115 Stat. 990; Pub. L. 109233, 
     title V, Sec. 502(3), June 15, 2006, 120 Stat. 415.) ' 1503. 
Determinations with respect to annual income (a) In determining annual 
income under this chapter, all payments of any kind or from any source 
 (including salary, retirement or annuity payments, or similar income, 
  which has been waived, irrespective of whether the waiver was made 
    pursuant to statute, contract, or otherwise) shall be included 
  except (1) donations from public or private relief or welfare 
 organizations; (2) payments under this chapter; (3) amounts equal to 
    amounts paid by a spouse of a veteran for the expenses of such 
veterans last illness, and by a surviving spouse or child of a 
 deceased veteran for (A) such veterans just debts, (B) 
   the expenses of such veterans last illness, and (C) the 
 expenses of such veterans burial to the extent such expenses 
are not reimbursed under chapter 23 of this title; (4) amounts equal to 
 amounts paid (A) by a veteran for the last illness and burial of 
 such veterans deceased spouse or child, or (B) by the spouse 
 of a living veteran or the surviving spouse of a deceased veteran for 
      the last illness and burial of a child of such veteran; (5) 
    reimbursements of any kind for any casualty loss (as defined in 
   regulations which the Secretary shall prescribe), but the amount 
   excluded under this clause may not exceed the greater of the fair 
 market value or reasonable replacement value of the property involved 
 at the time immediately preceding the loss; (6) profit realized from 
 the disposition of real or personal property other than in the course 
   of a business; (7) amounts in joint accounts in banks and similar 
  institutions acquired by reason of death of other joint owner; (8) 
 amounts equal to amounts paid by a veteran, veterans spouse, 
or surviving spouse or by or on behalf of a veterans child for 
unreimbursed medical expenses, to the extent that such amounts exceed 5 
percent of the maximum annual rate of pension (including any amount of 
    increased pension payable on account of family members but not 
including any amount of pension payable because a person is in need of 
     regular aid and attendance or because a person is permanently 
housebound) payable to such veteran, surviving spouse, or child; (9) in 
    the case of a veteran or surviving spouse pursuing a course of 
 education or vocational rehabilitation or training, amounts equal to 
  amounts paid by such veteran or surviving spouse for such course of 
   education or vocational rehabilitation or training, including (A) 
 amounts paid for tuition, fees, books, and materials, and (B) in the 
 case of such a veteran or surviving spouse in need of regular aid and 
   attendance, unreimbursed amounts paid for unusual transportation 
expenses in connection with the pursuit of such course of education or 
vocational rehabilitation or training, to the extent that such amounts 
  exceed the reasonable expenses which would have been incurred by a 
nondisabled person using an appropriate means of transportation (public 
transportation, if reasonably available); (10) in the case of a child, 
 any current-work income received during the year, to the extent that 
the total amount of such income does not exceed an amount equal to the 
 sum of (A) the lowest amount of gross income for which an income 
 tax return is required under section 6012(a) of the Internal Revenue 
   Code of 1986, to be filed by an individual who is not married (as 
determined under section 7703 of such Code), is not a surviving spouse 
    (as defined in section 2(a) of such Code), and is not a head of 
  household (as defined in section 2(b) of such Code); and (B) if the 
  child is pursuing a course of postsecondary education or vocational 
  rehabilitation or training, the amount paid by such child for such 
course of education or vocational rehabilitation or training, including 
 the amount paid for tuition, fees, books, and materials; (11) payment 
   of a monetary amount of up to $5,000 to a veteran from a State or 
municipality that is paid as a veterans benefit due to injury 
or disease; and (12) lump-sum proceeds of any life insurance policy on 
    a veteran, for purposes of pension under subchapter III of this 
 chapter. (b) Where a fraction of a dollar is involved, annual income 
shall be fixed at the next lower dollar. (Pub. L. 85857, Sept. 
 2, 1958, 72 Stat. 1134, Sec. 503; Pub. L. 86211, Sec. 2(a), 
 Aug. 29, 1959, 73 Stat. 432; Pub. L. 87268, Sec. 1(b), Sept. 
21, 1961, 75 Stat. 566; Pub. L. 88664, Sec. 1, Oct. 13, 1964, 
78 Stat. 1094; Pub. L. 9077, title I, Sec. 103, Aug. 31, 1967, 
 81 Stat. 178; Pub. L. 91588, Sec. 7, Dec. 24, 1970, 84 Stat. 
1584; Pub. L. 92198, Sec. 2, Dec. 15, 1971, 85 Stat. 664; Pub. 
  L. 92425, Sec. 6(2), Sept. 21, 1972, 86 Stat. 713; Pub. L. 
 94169, title I, Sec. 101(2)(A), 106(3)(8), Dec. 23, 
 1975, 89 Stat. 1013, 1017; Pub. L. 95588, title I, Sec. 102, 
 Nov. 4, 1978, 92 Stat. 2497; Pub. L. 97295, Sec. 4(13), Oct. 
 12, 1982, 96 Stat. 1305; Pub. L. 100687, div. B, title XIV, 
 Sec. 1402(b), Nov. 18, 1988, 102 Stat. 4130; Pub. L. 10254, 
 Sec. 14(b)(5), June 13, 1991, 105 Stat. 283; renumbered Sec. 1503 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 
 1991, 105 Stat. 404406; Pub. L. 108454, title III, 
Sec. 303, Dec. 10, 2004, 118 Stat. 3611; Pub. L. 111275, title 
   VI, Sec. 604(a), Oct. 13, 2010, 124 Stat. 2885.) ' 1504. Persons 
    heretofore having a pensionable status The pension benefits of 
   subchapters II and III of this chapter shall, notwithstanding the 
    service requirements of such subchapters, be granted to persons 
 heretofore recognized by law as having a pensionable status. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1134, Sec. 504; renumbered Sec. 
1504, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
' 1505. Payment of pension during confinement in penal institutions (a) 
 No pension under public or private laws administered by the Secretary 
  shall be paid to or for an individual who has been imprisoned in a 
   Federal, State, local, or other penal institution or correctional 
 facility as a result of conviction of a felony or misdemeanor for any 
        part of the period beginning sixty-one days after such 
     individuals imprisonment begins and ending when such 
   individuals imprisonment ends. (b) Where any veteran is 
disqualified for pension for any period solely by reason of subsection 
   (a) of this section, the Secretary may apportion and pay to such 
  veterans spouse or children the pension which such veteran 
   would receive for that period but for this section. (c) Where any 
surviving spouse or child of a veteran is disqualified for pension for 
  any period solely by reason of subsection (a) of this section, the 
 Secretary may (1) if the surviving spouse is so disqualified, pay to 
  the child, or children, the pension which would be payable if there 
were no such surviving spouse or (2) if a child is so disqualified, pay 
 to the surviving spouse or other children, as applicable, the pension 
     which would be payable if there were no such child. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1134, Sec. 505; Pub. L. 
 94169, title I, Sec. 106(9)(11), Dec. 23, 1975, 89 
 Stat. 1017; renumbered Sec. 1505 and amended Pub. L. 10283, 
      Sec. 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 403406; Pub. L. 109461, title X, Sec. 1002(a), Dec. 
  22, 2006, 120 Stat. 3464.) ' 1506. Resource reports and overpayment 
  adjustments As a condition of granting or continuing pension under 
 section 1521, 1541, or 1542 of this title, the Secretary (1) may 
   require from any person who is an applicant for or a recipient of 
    pension such information, proofs, and evidence as the Secretary 
determines to be necessary in order to determine the annual income and 
the value of the corpus of the estate of such person, and of any spouse 
 or child for whom the person is receiving or is to receive increased 
pension (such a child is hereinafter in this subsection referred to as 
a dependent child), and, in the case of a 
child applying for or in receipt of pension under section 1542 of this 
        title (hereinafter in this subsection referred to as a 
surviving child), of any person with whom 
      such child is residing who is legally responsible for such 
  childs support; (2) may require that any such applicant or 
recipient file for a calendar year with the Department (on such form as 
     may be prescribed for such purpose by the Secretary) a report 
 showing (A) the annual income which such applicant or recipient 
(and any such spouse or dependent child) received during the preceding 
 year, the corpus of the estate of such applicant or recipient (and of 
any such spouse or dependent child) at the end of such year, and in the 
 case of a surviving child, the income and corpus of the estate of any 
person with whom such child is residing who is legally responsible for 
     such childs support; (B) such applicants or 
 recipients estimate for the then current year of the annual 
 income such applicant or recipient (and any such spouse or dependent 
child) expects to receive and of any expected increase in the value of 
 the corpus of the estate of such applicant or recipient (and for any 
  such spouse or dependent child); and (C) in the case of a surviving 
 child, an estimate for the then current year of the annual income of 
any person with whom such child is residing who is legally responsible 
 for such childs support and of any expected increase in the 
  value of the corpus of the estate of such person; (3) shall require 
  that any such applicant or recipient promptly notify the Secretary 
   whenever there is a material change in the annual income of such 
applicant or recipient (or of any such spouse or dependent child) or a 
   material change in the value of the corpus of the estate of such 
applicant or recipient (or of any such spouse or dependent child), and 
   in the case of a surviving child, a material change in the annual 
  income or value of the corpus of the estate of any person with whom 
      such child is residing who is legally responsible for such 
childs support; and (4) shall require that any such applicant 
or recipient applying for or in receipt of increased pension on account 
  of a person who is a spouse or child of such applicant or recipient 
    promptly notify the Secretary if such person ceases to meet the 
       applicable definition of spouse or child. (Added Pub. L. 
   86211, Sec. 2(b), Aug. 29, 1959, 73 Stat. 432, Sec. 506; 
 amended Pub. L. 88664, Sec. 2, Oct. 13, 1964, 78 Stat. 1094; 
 Pub. L. 91588, Sec. 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 
 94169, title I, Sec. 106(12)(14), Dec. 23, 1975, 89 
Stat. 1017; Pub. L. 95588, title I, Sec. 103, Nov. 4, 1978, 92 
Stat. 2498; Pub. L. 96466, title VI, Sec. 605(c)(2), Oct. 17, 
     1980, 94 Stat. 2211; renumbered Sec. 1506 and amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 404406; Pub. L. 103271, Sec. 9(b), 
  July 1, 1994, 108 Stat. 743.) ' 1507. Disappearance Where a veteran 
 receiving pension under subchapter II of this chapter disappears, the 
        Secretary may pay the pension otherwise payable to such 
 veterans spouse and children. In applying the provisions of 
 this section, the Secretary may presume, without reports pursuant to 
 section 1506(a) of this title, that the status of the veteran at the 
time of disappearance, with respect to permanent and total disability, 
 income, and net worth, continues unchanged. Payments made to a spouse 
 or child under this section shall not exceed the amount to which each 
   would be entitled if the veteran died of a non-service-connected 
disability. (Added Pub. L. 89467, Sec. 1(a), June 22, 1966, 80 
  Stat. 218, Sec. 507; amended Pub. L. 94169, title I, Sec. 
106(15), Dec. 23, 1975, 89 Stat. 1017; renumbered Sec. 1507 and amended 
  Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
   1991, 105 Stat. 404406.) ' 1508. Frequency of payment of 
 pension benefits (a) Except as provided under subsection (b) of this 
  section, benefits under sections 1521, 1541, and 1542 of this title 
shall be paid monthly. (b) Under regulations which the Secretary shall 
 prescribe, benefits under sections 1521, 1541, and 1542 of this title 
 may be paid less frequently than monthly if the amount of the annual 
benefit is less than 4 percent of the maximum annual rate payable to a 
      veteran under section 1521(b) of this title. (Added Pub. L. 
95588, title I, Sec. 104(a), Nov. 4, 1978, 92 Stat. 2499, Sec. 
508; amended Pub. L. 10254, Sec. 14(b)(6), June 13, 1991, 105 
  Stat. 283; renumbered Sec. 1508 and amended Pub. L. 10283, 
      Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
404406.) SUBCHAPTER IIVETERANS PENSIONS SERVICE 
 PENSION x' 1510. Vacant ' 1511. Indian War veterans (a) The 
 Secretary shall pay to each veteran of the Indian Wars who meets the 
service requirements of this section a pension at the following monthly 
rate: (1) $101.59; or (2) $135.45 if the veteran is in need of regular 
  aid and attendance. (b) A veteran meets the service requirements of 
this section if such veteran served in one of the Indian Wars (1) 
for thirty days or more; or (2) for the duration of such Indian War; in 
 any military organization, whether or not such service was the result 
   of regular muster into the service of the United States, if such 
service was under the authority or by the approval of the United States 
   or any State. (c)(1) Any veteran eligible for pension under this 
section shall, if such veteran so elects, be paid pension at the rates 
  prescribed by section 1521 of this title, and under the conditions 
(other than the service requirements) applicable to pension paid under 
that section to veterans of World War I. If pension is paid pursuant to 
such an election, the election shall be irrevocable, except as provided 
   in paragraph (2). (2) The Secretary shall pay each month to each 
 veteran of the Indian Wars who is receiving, or entitled to receive, 
pension based on a need of regular aid and attendance, whichever amount 
is greater (A) that provided by paragraph (2) of subsection (a) of this 
section, or (B) that which is payable to the veteran under section 1521 
of this title if such veteran has elected, or would be payable if such 
 veteran were to elect, to receive pension under such section pursuant 
   to paragraph (1) of this subsection. Each change in the amount of 
pension payment required by this paragraph shall be effective as of the 
 first day of the month during which the facts of the particular case 
  warrant such change, and shall be made without specific application 
 therefor. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1135, Sec. 
511; Pub. L. 86670, Sec. 1, July 14, 1960, 74 Stat. 545; Pub. 
 L. 9077, title I, Sec. 111(a), Aug. 31, 1967, 81 Stat. 181; 
Pub. L. 94169, title I, Sec. 106(16), Dec. 23, 1975, 89 Stat. 
  1017; renumberedSec. 1511 and amended Pub. L. 10283, Sec. 
        4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
  404406.) ' 1512. Spanish-American War veterans (a)(1) The 
  Secretary shall pay to each veteran of the Spanish-American War who 
  meets the service requirements of this subsection a pension at the 
 following monthly rate: (A) $101.59; or (B) $135.45 if the veteran is 
in need of regular aid and attendance. (2) A veteran meets the service 
 requirements of this subsection if such veteran served in the active 
 military or naval service (A) for ninety days or more during the 
   Spanish-American War; (B) during the Spanish-American War and was 
   discharged or released from such service for a service-connected 
disability; or (C) for a period of ninety consecutive days or more and 
such period began or ended during the Spanish-American War. (3)(A) Any 
   veteran eligible for pension under this subsection shall, if such 
 veteran so elects, be paid pension at the rates prescribed by section 
 1521 of this title (except the rate provided under subsection (g) of 
    such section), and under the conditions (other than the service 
requirements) applicable to pension paid under that section to veterans 
 of a period of war. If pension is paid pursuant to such an election, 
  the election shall be irrevocable. (B) The Secretary shall pay each 
    month to each Spanish-American War veteran who is receiving, or 
    entitled to receive, pension based on a need of regular aid and 
     attendance, whichever amount is greater (i) that provided by 
  subparagraph (B) of subsection (a)(1) of this section, or (ii) that 
which is payable to the veteran under section 1521 of this title as in 
  effect on December 31, 1978, under regulations which the Secretary 
shall prescribe. Each change in the amount of pension payment required 
  by this subparagraph shall be effective as of the first day of the 
   month during which the facts of the particular case warrant such 
change, and shall be made without specific application therefor. (b)(1) 
The Secretary shall pay to each veteran of the Spanish-American War who 
does not meet the service requirements of subsection (a), but who meets 
the service requirements of this subsection, a pension at the following 
 monthly rate: (A) $67.73; or (B) $88.04 if the veteran is in need of 
      regular aid and attendance. (2) A veteran meets the service 
 requirements of this subsection if such veteran served in the active 
military or naval service (A) for seventy days or more during the 
 Spanish-American War; or (B) for a period of seventy consecutive days 
or more and such period began or ended during the Spanish-American War. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1135, Sec. 512; Pub. 
    L. 86670, Sec. 2, July 14, 1960, 74 Stat. 545; Pub. L. 
9077, title I, Sec. 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. 
L. 94169, title I, Sec. 106(17), Dec. 23, 1975, 89 Stat. 1017; 
  Pub. L. 95 588, title I, Sec. 105, Nov. 4, 1978, 92 Stat. 
  2500; renumbered Sec. 1512 and amended Pub. L. 10283, Sec. 
        4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 404406.) ' 1513. Veterans 65 years of age and older (a) The 
Secretary shall pay to each veteran of a period of war who is 65 years 
of age or older and who meets the service requirements of section 1521 
of this title (as prescribed in subsection (j) of that section) pension 
  at the rates prescribed by section 1521 of this title and under the 
conditions (other than the permanent and total disability requirement) 
  applicable to pension paid under that section. (b) If a veteran is 
 eligible for pension under both this section and section 1521 of this 
title, pension shall be paid to the veteran only under section 1521 of 
 this title. (Added Pub. L. 107103, title II, Sec. 207(a)(1), 
Dec. 27, 2001, 115 Stat. 991; amended Pub. L. 109233, title V, 
   Sec. 503(2), June 15, 2006, 120 Stat. 416.) NON-SERVICE-CONNECTED 
    DISABILITY PENSION ' 1521. Veterans of a period of war (a) The 
 Secretary shall pay to each veteran of a period of war who meets the 
 service requirements of this section (as prescribed in subsection (j) 
 of this section) and who is permanently and totally disabled from non-
 service-connected disability not the result of the veterans 
willful misconduct, pension at the rate prescribed by this section, as 
 increased from time to time under section 5312 of this title. (b) If 
the veteran is unmarried (or married but not living with or reasonably 
contributing to the support of such veterans spouse) and there 
 is no child of the veteran in the custody of the veteran or to whose 
support the veteran is reasonably contributing, and unless the veteran 
is entitled to pension at the rate provided by subsection (d)(1) or (e) 
  of this section, pension shall be paid to the veteran at the annual 
rate of $11,830, reduced by the amount of the veterans annual 
  income. (c) If the veteran is married and living with or reasonably 
  contributing to the support of such veterans spouse, or if 
  there is a child of the veteran in the custody of the veteran or to 
whose support the veteran is reasonably contributing, pension shall be 
 paid to the veteran at the annual rate of $15,493, unless the veteran 
is entitled to pension at the rate provided by subsection (d)(2), (e), 
  or (f) of this section. If the veteran has two or more such family 
 members, such annual rate shall be increased by $2,020 for each such 
 family member in excess of one. The rate payable shall be reduced by 
   the amount of the veterans annual income and, subject to 
subsection (h)(1) of this section, the amount of annual income of such 
  family members. (d)(1) If the veteran is in need of regular aid and 
  attendance, the annual rate of pension payable to the veteran under 
subsection (b) of this section shall be $19,736, reduced by the amount 
 of the veterans annual income. (2) If the veteran is in need 
 of regular aid and attendance, the annual rate of pension payable to 
 the veteran under subsection (c) of this section shall be $23,396. If 
such veteran has two or more family members, as described in subsection 
 (c) of this section, the annual rate of pension shall be increased by 
 $2,020 for each such family member in excess of one. The rate payable 
 shall be reduced by the amount of the veterans annual income 
and, subject to subsection (h)(1) of this section, the amount of annual 
  income of such family members. (e) If the veteran has a disability 
   rated as permanent and total and (1) has additional disability or 
disabilities independently ratable at 60 per centum or more, or (2) by 
 reason of a disability or disabilities, is permanently housebound but 
does not qualify for pension at the aid and attendance rate provided by 
 subsection (d) of this section, the annual rate of pension payable to 
 the veteran under subsection (b) of this section shall be $14,457 and 
the annual rate of pension payable to the veteran under subsection (c) 
   of this section shall be $18,120. If such veteran has two or more 
  family members, as described in subsection (c) of this section, the 
   annual rate of pension shall be increased by $2,020 for each such 
 family member in excess of one. The rate payable shall be reduced by 
   the amount of the veterans annual income and, subject to 
  subsection (h)(1) of this section, the annual income of such family 
  members. (f)(1) If two veterans are married to one another and each 
meets the disability and service requirements prescribed in subsections 
  (a) and (j), respectively, of this section, or the age and service 
requirements prescribed in section 1513 of this title, the annual rate 
of pension payable to such veterans shall be a combined annual rate of 
   $15,493. (2) If either such veteran is in need of regular aid and 
     attendance, the annual rate provided by paragraph (1) of this 
   subsection shall be $23,396. If both such veterans are in need of 
 regular aid and attendance, such rate shall be $30,480. (3) If either 
such veteran would be entitled (if not married to a veteran) to pension 
at the rate provided by subsection (e) of this section, the annual rate 
provided by paragraph (1) of this subsection shall be $18,120. If both 
such veterans would be entitled (if not married to one another) to such 
rate, such rate shall be $20,747. (4) If one such veteran is in need of 
  regular aid and attendance and the other would be entitled (if not 
married to a veteran) to the rate provided for under subsection (e) of 
    this section, the annual rate provided by paragraph (1) of this 
subsection shall be $26,018. (5) The annual rate provided by paragraph 
(1), (2), (3), or (4) of this subsection, as appropriate, shall (A) be 
increased by $2,020 for each child of such veterans (or of either such 
 veteran) who is in the custody of either or both such veterans or to 
   whose support either such veteran is, or both such veterans are, 
reasonably contributing, and (B) be reduced by the amount of the annual 
income of both such veterans and, subject to subsection (h)(1) of this 
 section, the annual income of each such child. (g) The annual rate of 
  pension payable under subsection (b), (c), (d), (e), or (f) of this 
  section to any veteran who is a veteran of a period of war shall be 
increased by $2,686 if veterans of such period of war were not provided 
educational benefits or home loan benefits similar to those provided to 
      veterans of later periods of war under chapters 34 and 37, 
respectively, of this title or under prior corresponding provisions of 
   law. (h) For the purposes of this section: (1) In determining the 
 annual income of a veteran, if there is a child of the veteran who is 
   in the custody of the veteran or to whose support the veteran is 
reasonably contributing, that portion of the annual income of the child 
that is reasonably available to or for the veteran shall be considered 
to be income of the veteran, unless in the judgment of the Secretary to 
  do so would work a hardship on the veteran. (2) A veteran shall be 
  considered as living with a spouse, even though they reside apart, 
 unless they are estranged. (i) If the veteran is entitled under this 
 section to pension on the basis of such veterans own service 
       and is also entitled to pension on the basis of any other 
persons service, the Secretary shall pay such veteran only the 
 greater benefit. (j) A veteran meets the service requirements of this 
 section if such veteran served in the active military, naval, or air 
 service (1) for ninety days or more during a period of war; (2) 
during a period of war and was discharged or released from such service 
    for a service-connected disability; (3) for a period of ninety 
consecutive days or more and such period began or ended during a period 
 of war; or (4) for an aggregate of ninety days or more in two or more 
 separate periods of service during more than one period of war. (Pub. 
  L. 85857, Sept. 2, 1958, 72 Stat. 1136, Sec. 521; Pub. L. 
    86211, Sec. 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 
     87101, Sec. 1, July 21, 1961, 75 Stat. 218; Pub. L. 
  88664, Sec. 3(a), (b), 5, 6(a), 7, Oct. 13, 1964, 78 Stat. 
 1094, 1095; Pub. L. 9077, title I, Sec. 104, title II, Sec. 
     202(a)(c), Aug. 31, 1967, 81 Stat. 179, 182; Pub. L. 
90275, Sec. 1(a), (b), Mar. 28, 1968, 82 Stat. 64, 65; Pub. L. 
  91588, Sec. 1(a), (b), 3(b), 9(c), Dec. 24, 1970, 84 Stat. 
 1580, 1583, 1584; Pub. L. 92198, Sec. 1(a), (b), 5(b), Dec. 
 15, 1971, 85 Stat. 663, 664; Pub. L. 93177, Sec. 1(a), (b), 
 Dec. 6, 1973, 87 Stat. 694; Pub. L. 93527, Sec. 2, Dec. 21, 
    1974, 88 Stat. 1702; Pub. L. 94169, title I, Sec. 102, 
 106(18), Dec. 23, 1975, 89 Stat. 1014, 1018; Pub. L. 94 432, 
      title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 
95204, title I, Sec. 101, Dec. 2, 1977, 91 Stat. 1455; Pub. L. 
95588, title I, Sec. 106(a), Nov. 4, 1978, 92 Stat. 2500; Pub. 
  L. 10240, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 
  239; renumbered Sec. 1521 and amended Pub. L. 10283, Sec. 
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
  107103, title II, Sec. 207(b)(1), Dec. 27, 2001, 115 Stat. 
991; Pub. L. 111275, title VI, Sec. 608(a), Oct. 13, 2010, 124 
Stat. 2886.) ' 1522. Net worth limitation (a) The Secretary shall deny 
 or discontinue the payment of pension to a veteran under section 1513 
or 1521 of this title when the corpus of the estate of the veteran or, 
 if the veteran has a spouse, the corpus of the estates of the veteran 
    and of the veterans spouse is such that under all the 
  circumstances, including consideration of the annual income of the 
   veteran, the veterans spouse, and the veterans 
children, it is reasonable that some part of the corpus of such estates 
 be consumed for the veterans maintenance. (b) The Secretary 
   shall deny or discontinue the payment of increased pension under 
   subsection (c), (d), (e), or (f) of section 1521 of this title on 
 account of a child when the corpus of such childs estate is 
 such that under all the circumstances, including consideration of the 
 veterans and spouses income, and the income of the 
  veterans children, it is reasonable that some part of the 
       corpus of such childs estate be consumed for the 
     childs maintenance. During the period such denial or 
discontinuance remains in effect, such child shall not be considered as 
  the veterans child for purposes of this chapter. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1136, Sec. 522; Pub. L. 
    86211, Sec. 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 
    95588, title I, Sec. 107, Nov. 4, 1978, 92 Stat. 2502; 
renumbered Sec. 1522 and amended Pub. L. 10283, Sec. 4(b)(1), 
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
  107103, title II, Sec. 207(b)(2), Dec. 27, 2001, 115 Stat. 
 991.) ' 1523. Combination of ratings (a) The Secretary shall provide 
   that, for the purpose of determining whether or not a veteran is 
    permanently and totally disabled, ratings for service-connected 
  disabilities may be combined with ratings for non-service-connected 
  disabilities. (b) Where a veteran, by virtue of subsection (a), is 
found to be entitled to a pension under section 1521 of this title, and 
  is entitled to compensation for a service-connected disability, the 
    Secretary shall pay such veteran the greater benefit. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1136, Sec. 523; Pub. L. 
  94169, title I, Sec.106(19), Dec. 23, 1975, 89 Stat. 1018; 
renumbered Sec. 1523 and amended Pub. L. 10283, Sec. 4(b)(1), 
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.) ' 1524. 
 Vocational training for certain pension recipients (a)(1) In the case 
 of a veteran under age 45 who is awarded a pension during the program 
  period, the Secretary shall, based on information on file with the 
Department of Veterans Affairs, make a preliminary finding whether such 
  veteran, with the assistance of a vocational training program under 
 this section, has a good potential for achieving employment. If such 
   potential is found to exist, the Secretary shall solicit from the 
 veteran an application for vocational training under this section. If 
 the veteran thereafter applies for such training, the Secretary shall 
 provide the veteran with an evaluation, which may include a personal 
interview, to determine whether the achievement of a vocational goal is 
 reasonably feasible. (2) If a veteran who is 45 years of age or older 
and is awarded pension during the program period, or a veteran who was 
awarded pension before the beginning of the program period, applies for 
   vocational training under this section and the Secretary makes a 
  preliminary finding on the basis of information in the application 
   that, with the assistance of a vocational training program under 
 subsection (b) of this section, the veteran has a good potential for 
 achieving employment, the Secretary shall provide the veteran with an 
     evaluation in order to determine whether the achievement of a 
    vocational goal by the veteran is reasonably feasible. Any such 
evaluation shall include a personal interview by a Department employee 
trained in vocational counseling. (3) For the purposes of this section, 
the term program period means the period 
beginning on February 1, 1985, and ending on December 31, 1995. (b)(1) 
If the Secretary, based upon an evaluation under subsection (a) of this 
  section, determines that the achievement of a vocational goal by a 
 veteran is reasonably feasible, the veteran shall be offered and may 
elect to pursue a vocational training program under this subsection. If 
   the veteran elects to pursue such a program, the program shall be 
    designed in consultation with the veteran in order to meet the 
    veterans individual needs and shall be set forth in an 
 individualized written plan of vocational rehabilitation of the kind 
described in section 3107 of this title. (2)(A) Subject to subparagraph 
    (B) of this paragraph, a vocational training program under this 
    subsection shall consist of vocationally oriented services and 
assistance of the kind provided under chapter 31 of this title and such 
 other services and assistance of the kind provided under that chapter 
 as are necessary to enable the veteran to prepare for and participate 
in vocational training or employment. (B) A vocational training program 
 under this subsection (i) may not exceed 24 months unless, based 
 on a determination by the Secretary that an extension is necessary in 
 order for the veteran to achieve a vocational goal identified (before 
  the end of the first 24 months of such program) in the written plan 
  formulated for the veteran, the Secretary grants an extension for a 
 period not to exceed 24 months; (ii) may not include the provision of 
any loan or subsistence allowance or any automobile adaptive equipment 
  of the kind provided under chapter 39 of this title; and (iii) may 
include a program of education at an institution of higher learning (as 
 defined in sections 3452(b) and 3452(f), respectively, of this title) 
   only in a case in which the Secretary determines that the program 
  involved is predominantly vocational in content. (3) When a veteran 
  completes a vocational training program under this subsection, the 
Secretary may provide the veteran with counseling of the kind described 
   in section 3104(a)(2) of this title, placement and postplacement 
services of the kind described in section 3104(a)(5) of this title, and 
  training of the kind described in section 3104(a)(6) of this title 
 during a period not to exceed 18 months beginning on the date of such 
    completion. (4) A veteran may not begin pursuit of a vocational 
training program under this subsection after the later of (A) December 
31, 1995, or (B) the end of a reasonable period of time, as determined 
by the Secretary, following either the evaluation of the veteran under 
 subsection (a) of this section or the award of pension to the veteran 
as described in subsection (a)(2) of this section. Any determination by 
    the Secretary of such a reasonable period of time shall be made 
pursuant to regulations which the Secretary shall prescribe. (c) In the 
case of a veteran who has been determined to have a permanent and total 
non-service-connected disability and who, not later than one year after 
    the date the veterans eligibility for counseling under 
 subsection (b)(3) of this section expires, secures employment within 
  the scope of a vocational goal identified in the veterans 
   individualized written plan of vocational rehabilitation (or in a 
related field which requires reasonably developed skills and the use of 
  some or all of the training or services furnished the veteran under 
  such plan), the evaluation of the veteran as having a permanent and 
        total disability may not be terminated by reason of the 
   veterans capacity to engage in such employment until the 
 veteran first maintains such employment for a period of not less than 
12 consecutive months. (d) A veteran who pursues a vocational training 
program under subsection (b) of this section shall have the benefit of 
    the provisions of subsection (a) of section 1525 of this title 
beginning at such time as the veterans entitlement to pension 
is terminated by reason of income from work or training (as defined in 
subsection (b)(1) of that section) without regard to the date on which 
    the veterans entitlement to pension is terminated. (e) 
 Payments by the Secretary for education, training, and other services 
  and assistance under subsection (b) of this section (other than the 
  services of Department employees) shall be made from the Department 
appropriations account from which payments for pension are made. (Added 
 Pub. L. 98543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98 
 Stat. 2744, Sec. 524; amended Pub. L. 99576, title VII, Sec. 
  703(b)(1), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100227, 
      title II, Sec. 202, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 
100687, div. B, title XIII, Sec. 1303(a), (b), Nov. 18, 1988, 
 102 Stat. 4128; Pub. L. 101237, title I, Sec. 114, Dec. 18, 
    1989, 103 Stat. 2065; renumbered Sec. 1524 and amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 404406; Pub. L. 102291, Sec. 2(b), 
 May 20, 1992, 106 Stat. 178; Pub. L. 102568, title IV, Sec. 
   402(a)(c)(2)(A), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 
 103446, title XII, Sec. 1201(g)(2), Nov. 2, 1994, 108 Stat. 
4687.) ' 1525. Protection of health-care eligibility (a) In the case of 
a veteran whose entitlement to pension is terminated after January 31, 
  1985, by reason of income from work or training, the veteran shall 
   retain for a period of three years beginning on the date of such 
 termination all eligibility for care and services under such chapter 
that the veteran would have had if the veterans entitlement to 
  pension had not been terminated. Care and services for which such a 
    veteran retains eligibility include, when applicable, drugs and 
medicines under section 1712(d) of this title. (b) For purposes of this 
section, the term terminated by reason of income from work 
   or training means terminated as a result of the 
   veterans receipt of earnings from activity performed for 
  remuneration or with gain, but only if the veterans annual 
 income from sources other than such earnings would, taken alone, not 
result in the termination of the veterans pension. (Added Pub. 
 L. 98543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98 Stat. 
    2746, Sec. 525; amended Pub. L. 99272, title XIX, Sec. 
19011(d)(1), Apr. 7, 1986, 100 Stat. 378; Pub. L. 99576, title 
      VII, Sec. 703(b)(2), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 
 100687, div. B, title XIII, Sec. 1303(c), Nov. 18, 1988, 102 
 Stat. 4128; renumbered Sec. 1525 and amended Pub. L. 10283, 
        Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
   102291, Sec. 2(c), May 20, 1992, 106 Stat. 178; Pub. L. 
  102568, title IV, Sec. 403(a), (b)(1), Oct. 29, 1992, 106 
 Stat. 4337; Pub. L. 104262, title I, Sec. 101(e)(1), Oct. 9, 
1996, 110 Stat. 3180.) SUBCHAPTER IIIPENSIONS TO SURVIVING SPOUSES 
 AND CHILDREN WARS BEFORE WORLD WAR I x' 1531. Vacant ' 1532. 
Surviving spouses of Civil War veterans (a) The Secretary shall pay to 
  the surviving spouse of each Civil War veteran who met the service 
 requirements of this section a pension at the following monthly rate: 
 (1) $40.64 if such surviving spouse is below seventy years of age; or 
(2) $70 if such surviving spouse is seventy years of age or older. (b) 
  If there is a child of the veteran, the rate of pension paid to the 
 surviving spouse under subsection (a) shall be increased by $8.13 per 
 month for each such child. (c) A veteran met the service requirements 
 of this section if such veteran served for ninety days or more in the 
 active military or naval service during the Civil War, as heretofore 
    defined under public laws administered by the Veterans 
Administration, or if such veteran was discharged or released from such 
  service upon a surgeons certificate of disability. (d) No 
  pension shall be paid to a surviving spouse of a veteran under this 
 section unless such surviving spouse was married to such veteran 
 (1) before June 27, 1905; or (2) for one year or more; or (3) for any 
period of time if a child was born of the marriage, or was born to them 
 before the marriage. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
1137, Sec. 532; Pub. L. 9077, title I, Sec. 101(a), 105, Aug. 
  31, 1967, 81 Stat. 178, 179; Pub. L. 94169, title I, Sec. 
     106(20) (23), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 
10254, Sec. 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered 
  Sec. 1532 and amended Pub. L. 10283, Sec. 4(a)(1), (b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 
 103446, title XII, Sec. 1201(a)(2), Nov. 2, 1994, 108 Stat. 
  4682.) ' 1533. Children of Civil War veterans Whenever there is no 
surviving spouse entitled to pension under section 1532 of this title, 
 the Secretary shall pay to the children of each Civil War veteran who 
met the service requirements of section 1532 of this title a pension at 
     the monthly rate of $73.13 for one child, plus $8.13 for each 
   additional child, with the total amount equally divided. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1137, Sec. 533; Pub. L. 
 94169, title I, Sec. 106(25), Dec. 23, 1975, 89 Stat. 1018; 
renumbered Sec. 1533 and amended Pub. L. 10283, Sec. 4(b)(1), 
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.) ' 1534. 
Surviving spouses of Indian War veterans (a) The Secretary shall pay to 
  the surviving spouse of each Indian War veteran who met the service 
 requirements of section 1511 of this title a pension at the following 
  monthly rate: (1) $40.64 if such surviving spouse is below seventy 
 years of age; or (2) $70 if such surviving spouse is seventy years of 
   age or older. (b) If there is a child of the veteran, the rate of 
  pension paid to the surviving spouse under subsection (a) shall be 
increased by $8.13 per month for each such child. (c) No pension shall 
 be paid to a surviving spouse of a veteran under this section unless 
such surviving spouse was married to such veteran (1) before March 
4, 1917; or (2) for one year or more; or (3) for any period of time if 
   a child was born of the marriage, or was born to them before the 
 marriage. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1137, Sec. 
 534; Pub. L. 9077, title I, Sec. 101(a), 105, Aug. 31, 1967, 
       81 Stat. 178, 179; Pub. L. 94169, title I, Sec. 
     106(26) (29), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 
10254, Sec. 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered 
  Sec. 1534 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.) ' 1535. 
 Children of Indian War veterans Whenever there is no surviving spouse 
  entitled to pension under section 1534 of this title, the Secretary 
   shall pay to the children of each Indian War veteran who met the 
  service requirements of section 1511 of this title a pension at the 
 monthly rate of $73.13 for one child, plus $8.13 for each additional 
child, with the total amount equally divided. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1137, Sec. 535; Pub. L. 94169, title 
I, Sec.106(31), Dec. 23, 1975, 89 Stat. 1018; renumbered Sec. 1535 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), 
Aug. 6, 1991, 105 Stat. 404406.) ' 1536. Surviving spouses of 
   Spanish-American War veterans (a) The Secretary shall pay to the 
   surviving spouse of each Spanish-American War veteran who met the 
service requirements of section 1512(a) of this title a pension at the 
monthly rate of $70, unless such surviving spouse was the spouse of the 
 veteran during such veterans service in the Spanish-American 
  War, in which case the monthly rate shall be $75. (b) If there is a 
child of the veteran, the rate of pension paid to the surviving spouse 
  under subsection (a) shall be increased by $8.13 per month for each 
  such child. (c) No pension shall be paid to a surviving spouse of a 
veteran under this section unless such surviving spouse was married to 
 such veteran (1) before January 1, 1938; or (2) for one year or 
    more; or (3) for any period of time if a child was born of the 
marriage, or was born to them before the marriage. (d)(1) Any surviving 
spouse eligible for pension under this section shall, if such surviving 
 spouse so elects, be paid pension at the rates prescribed by section 
 1541 of this title, and under the conditions (other than the service 
    requirements) applicable to pension paid under that section to 
 surviving spouses of veterans of a period of war. If pension is paid 
 pursuant to such an election, the election shall be irrevocable. (2) 
  The Secretary shall pay each month to the surviving spouse of each 
Spanish-American War veteran who is receiving, or entitled to receive, 
pension based on a need of regular aid and attendance, whichever amount 
  is greater (A) that which is payable to such surviving spouse under 
subsections (a) and (b) of this section as increased by section 544 of 
  this title, as in effect on December 31, 1978; or (B) that which is 
payable under section 1541 of this title, as in effect on December 31, 
1978, as increased by such section 544, as in effect on such date, to a 
 surviving spouse of a World War I veteran with the same annual income 
and corpus of estate. Each change in the amount of pension required by 
  this paragraph shall be effective as of the first day of the month 
during which the facts of the particular case warrant such change, and 
     shall be made without specific application therefor. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1138, Sec. 536; Pub. L. 
9077, title I, Sec. 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 
179; Pub. L. 92328, title I, Sec. 107, June 30, 1972, 86 Stat. 
 395; Pub. L. 94169, title I, Sec. 106(32)(37), Dec. 
 23, 1975, 89 Stat. 1018, 1019; Pub. L. 95588, title I, Sec. 
108, Nov. 4, 1978, 92 Stat. 2502; renumbered Sec. 1536 and amended Pub. 
 L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 
 105 Stat. 404406.) ' 1537. Children of Spanish-American War 
  veterans Whenever there is no surviving spouse entitled to pension 
   under section 1536 of this title, the Secretary shall pay to the 
   children of each Spanish-American War veteran who met the service 
requirements of section 1512(a) of this title a pension at the monthly 
  rate of $73.13 for one child, plus $8.13 for each additional child, 
 with the total amount equally divided. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1138, Sec. 537; Pub. L. 94169, title I, Sec. 
106(39), Dec. 23, 1975, 89 Stat. 1019; renumbered Sec. 1537 and amended 
  Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
    1991, 105 Stat. 404406.) OTHER PERIODS OF WAR ' 1541. 
  Surviving spouses of veterans of a period of war (a) The Secretary 
 shall pay to the surviving spouse of each veteran of a period of war 
who met the service requirements prescribed in section 1521(j) of this 
   title, or who at the time of death was receiving (or entitled to 
    receive) compensation or retirement pay for a service-connected 
    disability, pension at the rate prescribed by this section, as 
increased from time to time under section 5312 of this title. (b) If no 
child of the veteran is in the custody of the surviving spouse, pension 
  shall be paid to the surviving spouse at the annual rate of $7,933, 
reduced by the amount of the surviving spouses annual income. 
(c) If there is a child of the veteran in the custody of the surviving 
  spouse, pension shall be paid to the surviving spouse at the annual 
  rate of $10,385. If the surviving spouse has custody of two or more 
such children, the annual pension rate shall be increased by $2,020 for 
each such child in excess of one. In each case, the rate payable shall 
   be reduced by the amount of the surviving spouses annual 
   income and, subject to subsection (g) of this section, the annual 
income of each such child. (d)(1) If a surviving spouse who is entitled 
 to pension under subsection (b) of this section is in need of regular 
    aid and attendance, the annual rate of pension payable to such 
    surviving spouse shall be $12,681, reduced by the amount of the 
surviving spouses annual income. (2) If a surviving spouse who 
is entitled to pension under subsection (c) of this section is in need 
 of regular aid and attendance, the annual rate of pension payable to 
    the surviving spouse shall be $15,128. If there are two or more 
children of the veteran in such surviving spouses custody, the 
annual rate of pension shall be increased by $2,020 for each such child 
 in excess of one. The rate payable shall be reduced by the amount of 
the surviving spouses annual income and, subject to subsection 
 (g) of this section, the annual income of each such child. (e)(1) If 
the surviving spouse is permanently housebound but does not qualify for 
 pension at the aid and attendance rate provided by subsection (d) of 
  this section, the annual rate of pension payable to such surviving 
  spouse under subsection (b) of this section shall be $9,696 and the 
     annual rate of pension payable to such surviving spouse under 
 subsection (c) of this section shall be $12,144. If there are two or 
    more children of the veteran in such surviving spouses 
 custody, the annual rate of pension shall be increased by $2,020 for 
each such child in excess of one. The rate payable shall be reduced by 
the amount of the surviving spouses annual income and, subject 
   to subsection (g) of this section, the income of any child of the 
 veteran for whom the surviving spouse is receiving increased pension. 
 (2) For purposes of paragraph (1) of this subsection, the requirement 
 of permanently housebound shall be met 
 when the surviving spouse is substantially confined to such surviving 
 spouses house (ward or clinical areas, if institutionalized) 
    or immediate premises by reason of a disability or disabilities 
reasonably certain to remain throughout such surviving spouses 
    lifetime. (f) No pension shall be paid under this section to a 
  surviving spouse of a veteran unless the spouse was married to the 
    veteran (1) before (A) December 14, 1944, in the case of a 
surviving spouse of a Mexican border period or World War I veteran, (B) 
 January 1, 1957, in the case of a surviving spouse of a World War II 
 veteran, (C) February 1, 1965, in the case of a surviving spouse of a 
 Korean conflict veteran, (D) May 8, 1985, in the case of a surviving 
spouse of a Vietnam era veteran, or (E) January 1, 2001, in the case of 
 a surviving spouse of a veteran of the Persian Gulf War; (2) for one 
year or more; or (3) for any period of time if a child was born of the 
 marriage, or was born to them before the marriage. (g) In determining 
   the annual income of a surviving spouse for the purposes of this 
   section, if there is a child of the veteran in the custody of the 
 surviving spouse, that portion of the annual income of the child that 
    is reasonably available to or for the surviving spouse shall be 
considered to be income of the surviving spouse, unless in the judgment 
   of the Secretary to do so would work a hardship on the surviving 
spouse. (h) As used in this section and section 1542 of this title, the 
 term veteran includes a person who has 
 completed at least two years of honorable active military, naval, or 
 air service, as certified by the Secretary concerned, but whose death 
in such service was not in line of duty. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1138, Sec. 541; Pub. L. 86211, Sec. 4, Aug. 
 29, 1959, 73 Stat. 434; Pub. L. 88664, Sec. 3(c), (d), Oct. 
 13, 1964, 78 Stat. 1095; Pub. L. 9077, title I, Sec. 101(a), 
 106, title II, Sec. 202(d)(f), Aug. 31, 1967, 81 Stat. 178, 
  179, 182; Pub. L. 90275, Sec. 1(c), (d), Mar. 28, 1968, 82 
 Stat. 65, 66; Pub. L. 91588, Sec. 1(c), (d), 9(d), Dec. 24, 
       1970, 84 Stat. 1581, 1584; Pub. L. 92 198, Sec. 
      1(c)(e), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 
93177, Sec. 1(c), (d), 2, Dec. 6, 1973, 87 Stat. 695; Pub. L. 
     93527, Sec. 3, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 
 94169, title I, Sec. 101(2)(B), (C), (H), 103, 106(40), Dec. 
  23, 1975, 89 Stat. 1013, 1014, 1016, 1019; Pub. L. 94432, 
      title II, Sec. 203, Sept. 30, 1976, 90 Stat. 1370; Pub. L. 
95204, title I, Sec. 102, Dec. 2, 1977, 91 Stat. 1456; Pub. L. 
95588, title I, Sec. 109(a), Nov. 4, 1978, 92 Stat. 2503; Pub. 
L. 10225, title III, Sec. 333(b), Apr. 6, 1991, 105 Stat. 88; 
  Pub. L. 10240, title IV, Sec. 402(d)(1), May 7, 1991, 105 
  Stat. 239; renumbered Sec. 1541 and amended Pub. L. 10283, 
      Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 111275, title VI, Sec. 608(b), Oct. 
13, 2010, 124 Stat. 2887.) ' 1542. Children of veterans of a period of 
  war The Secretary shall pay to each child (1) who is the child of a 
 deceased veteran of a period of war who met the service requirements 
  prescribed in section 1521(j) of this title, or who at the time of 
death was receiving (or entitled to receive) compensation or retirement 
   pay for a service-connected disability, and (2) who is not in the 
 custody of a surviving spouse eligible for pension under section 1541 
of this title, pension at the annual rate of $2,020, as increased from 
time to time under section 5312 of this title and reduced by the amount 
 of such childs annual income; or, if such child is residing 
   with a person who is legally responsible for such childs 
support, at an annual rate equal to the amount by which the appropriate 
 annual rate provided under section 1541(c) of this title exceeds the 
sum of the annual income of such child and such person, but in no event 
 may such annual rate of pension exceed the amount by which $2,020, as 
 increased from time to time under section 5312 of this title, exceeds 
the annual income of such child. The appropriate annual rate under such 
  section 1541(c) for the purposes of the preceding sentence shall be 
  determined in accordance with regulations which the Secretary shall 
prescribe. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1138, Sec. 
542; Pub. L. 86211, Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. 
   L. 88664, Sec. 4, Oct. 13, 1964, 78 Stat. 1095; Pub. L. 
9077, title I, Sec. 107, title II, Sec. 202(g), (h), Aug. 31, 
1967, 81 Stat. 180, 182; Pub. L. 91588, Sec. 3(c), 9(e), Dec. 
24, 1970, 84 Stat. 1583, 1585; Pub. L. 92198, Sec. 1(f), Dec. 
 15, 1971, 85 Stat. 664; Pub. L. 93177, Sec. 3, Dec. 6, 1973, 
 87 Stat. 695; Pub. L. 93527, Sec. 4, Dec. 21, 1974, 88 Stat. 
 1703; Pub. L. 94169, title I, Sec. 101(2)(D), 104, Dec. 23, 
1975, 89 Stat. 1014, 1016; Pub. L. 94432, title II, Sec. 204, 
 Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95204, title I, Sec. 
103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95588, title I, Sec. 
110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 10240, title IV, 
 Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1542 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), 
Aug. 6, 1991, 105 Stat. 404406; Pub. L. 111275, title 
  VI, Sec. 608(c), Oct. 13, 2010, 124 Stat. 2887.) ' 1543. Net worth 
 limitation (a)(1) The Secretary shall deny or discontinue payment of 
pension to a surviving spouse under section 1541 of this title when the 
corpus of the estate of the surviving spouse is such that under all the 
 circumstances, including consideration of the income of the surviving 
 spouse and the income of any child from whom the surviving spouse is 
  receiving increased pension, it is reasonable that some part of the 
 corpus of such estate be consumed for the surviving spouses 
maintenance. (2) The Secretary shall deny or discontinue the payment of 
increased pension under subsection (c), (d), or (e) of section 1541 of 
       this title on account of a child when the corpus of such 
   childs estate is such that under all the circumstances, 
including consideration of the income of the surviving spouse and such 
 child and the income of any other child for whom the surviving spouse 
is receiving increased pension, it is reasonable that some part of the 
       corpus of the childs estate be consumed for the 
     childs maintenance. During the period such denial or 
discontinuance remains in effect, such child shall not be considered as 
the surviving spouses child for purposes of this chapter. (b) 
 The Secretary shall deny or discontinue payment of pension to a child 
 under section 1542 of this title when the corpus of the estate of the 
child is such that under all the circumstances, including consideration 
  of the income of the child, the income of any person with whom such 
 child is residing who is legally responsible for such childs 
support, and the corpus of the estate of such person, it is reasonable 
   that some part of the corpus of such estates be consumed for the 
childs maintenance. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1138, Sec. 543; Pub. L. 86211, Sec. 4, Aug. 29, 1959, 73 
 Stat. 435; Pub. L. 94169, title I, Sec. 101(2)(E), Dec. 23, 
1975, 89 Stat. 1014; Pub. L. 95588, title I, Sec. 111, Nov. 4, 
     1978, 92 Stat. 2504; renumbered Sec. 1543 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 404406.) xSURVIVING SPOUSES OF VETERANS OF ALL PERIODS 
     OF WAR-REPEALED x' 1544. Vacant SUBCHAPTER 
  IVARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL ' 
 1560. Medal of Honor Roll; persons eligible (a) There shall be in the 
 Department of the Army, the Department of the Navy, the Department of 
the Air Force, and the Department of Homeland Security, respectively, a 
  roll designated as the Army, Navy, Air Force, and Coast 
     Guard Medal of Honor Roll. (b) Upon written 
application to the Secretary concerned, that Secretary shall enter and 
record on such roll the name of each surviving person who has served on 
 active duty in the armed forces of the United States and who has been 
 awarded a medal of honor for distinguishing such person conspicuously 
by gallantry and intrepidity at the risk of such persons life 
 above and beyond the call of duty while so serving. (c) Applications 
for entry on such roll shall be made in the form and under regulations 
 prescribed by the Secretary concerned, and shall indicate whether or 
 not the applicant desires to receive the special pension provided by 
  section 1562 of this title. Proper blanks and instructions shall be 
 furnished by the Secretary concerned, without charge upon the request 
   of any person claiming the benefits of this subchapter. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1139, Sec. 560; Pub. L. 
     87138, Sec. 1, Aug. 14, 1961, 75 Stat. 338; Pub. L. 
     8877, Sec. 5(1), July 25, 1963, 77 Stat. 95; Pub. L. 
 88651, Oct. 13, 1964, 78 Stat. 1078; Pub. L. 89311, 
 Sec. 4, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 9124, Sec. 5, 
   June 11, 1969, 83 Stat. 33; Pub. L. 94169, title I, Sec. 
106(41), Dec. 23, 1975, 89 Stat. 1019; renumbered Sec. 1560 and amended 
 Pub. L. 10283, Sec. 4(b)(4)(A), 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 405, 406; Pub. L. 107296, title XVII, Sec. 1704(d), 
 Nov. 25, 2002, 116 Stat. 2315.) ' 1561. Certificate (a) The Secretary 
concerned shall determine whether or not each applicant is entitled to 
 have such persons name entered on the Army, Navy, Air Force, 
and Coast Guard Medal of Honor Roll. If the official award of the Medal 
   of Honor to the applicant, or the official notice to such person 
thereof, shows that the Medal of Honor was awarded to the applicant for 
 an act described in section 1560 of this title, such award or notice 
       shall be sufficient to entitle the applicant to have such 
      persons name entered on such roll without further 
investigation; otherwise all official correspondence, orders, reports, 
  recommendations, requests, and other evidence on file in any public 
office or department shall be considered. (b) Each person whose name is 
 entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor 
  Roll shall be furnished a certificate of service and of the act of 
  heroism, gallantry, bravery, or intrepidity for which the Medal of 
Honor was awarded, of enrollment on such roll, and, if such person has 
 indicated such persons desire to receive the special pension 
provided by section 1562 of this title, of such persons right 
 to such special pension. (c) The Secretary concerned shall deliver to 
    the Secretary a certified copy of each certificate issued under 
     subsection (b) in which the right of the person named in the 
  certificate to the special pension provided by section 1562 of this 
title is set forth. Such copy shall authorize the Secretary to pay such 
   special pension to the person named in the certificate. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1139, Sec. 561; Pub. L. 
    87138, Sec. 2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 
     8877, Sec. 5(2), July 25, 1963, 77 Stat. 95; Pub. L. 
 94169, title I, Sec. 106(42), (43), Dec. 23, 1975, 89 Stat. 
  1019; renumbered Sec. 1561 and amended Pub. L. 10283, Sec. 
        4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 404406.) ' 1562. Special provisions relating to pension (a) 
  The Secretary shall pay monthly to each person whose name has been 
 entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor 
    roll, and a copy of whose certificate has been delivered to the 
Secretary under subsection (c) of section 1561 of this title, a special 
  pension at the rate of $1,000, as adjusted from time to time under 
subsection (e), beginning as of the date of application therefor under 
 section 1560 of this title. (b) The receipt of special pension shall 
not deprive any person of any other pension or other benefit, right, or 
 privilege to which such person is or may hereafter be entitled under 
   any existing or subsequent law. Special pension shall be paid in 
  addition to all other payments under laws of the United States. (c) 
  Special pension shall not be subject to any attachment, execution, 
  levy, tax lien, or detention under any process whatever. (d) If any 
person has been awarded more than one medal of honor, such person shall 
not receive more than one special pension. (e) Effective as of December 
1 each year, the Secretary shall increase the amount of monthly special 
pension payable under subsection (a) as of November 30 of such year by 
the same percentage as the percentage by which benefit amounts payable 
 under title II of the Social Security Act (42 U.S.C. 401 et seq.) are 
     increased effective December 1 of such year as a result of a 
  determination under section 215(i) of that Act (42 U.S.C. 415(i)). 
(f)(1) The Secretary shall pay, in a lump sum, to each person who is in 
 receipt of special pension payable under this section an amount equal 
   to the total amount of special pension that the person would have 
  received during the period beginning on the first day of the first 
  month beginning after the date of the act for which the person was 
  awarded the Medal of Honor and ending on the last day of the month 
 preceding the month in which the persons special pension in 
fact commenced. (2) For each month of a period referred to in paragraph 
    (1), the amount of special pension payable to a person shall be 
  determined using the rate of special pension that was in effect for 
  such month, and shall be payable only if the person would have been 
 entitled to payment of special pension for such month under laws for 
eligibility for special pension (with the exception of the eligibility 
law requiring a person to have been awarded a Medal of Honor) in effect 
at the beginning of such month. (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1140, Sec. 562; Pub. L. 87138, Sec. 3, Aug. 14, 1961, 
75 Stat. 339; Pub. L. 8877, Sec. 5(2), July 25, 1963, 77 Stat. 
95; Pub. L. 94169, title I, Sec. 106(44), (45), Dec. 23, 1975, 
 89 Stat. 1019; Pub. L. 95479, title III, Sec. 302, Oct. 18, 
     1978, 92 Stat. 1565; renumbered Sec. 1562 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
  Stat. 404406; Pub. L. 103161, Sec. 1(a), Nov. 30, 
1993, 107 Stat. 1967; Pub. L. 105368, title III, Sec. 301(a), 
Nov. 11, 1998, 112 Stat. 3332; Pub. L. 107330, title III, Sec. 
304(a)(c), Dec. 6, 2002, 116 Stat. 2826.) CHAPTER 17 OF TITLE 
38, UNITED STATES CODE [As Amended Through P.L. 1127, Enacted 
March 31, 2011] xTITLE 38VETERANS BENEFITS xPART 
IIGENERAL BENEFITS CHAPTER 17HOSPITAL, NURSING HOME, 
   DOMICILIARY, AND MEDICAL CARE SUBCHAPTER IGENERAL Sec. 1701. 
 Definitions. 1702. Presumptions: psychosis after service in World War 
 II and following periods of war; mental illness following service in 
  the Persian Gulf War. 1703. Contracts for hospital care and medical 
    services in non-Department facilities. 1704. Preventive health 
   services: annual report. 1705. Management of health care: patient 
enrollment system. 1706. Management of health care: other requirements. 
1707. Limitations. 1708. Temporary lodging. SUBCHAPTER IIHOSPITAL, 
     NURSING HOME, OR DOMICILIARY CARE AND MEDICAL TREATMENT 1710. 
 Eligibility for hospital, nursing home, and domiciliary care. 1710A. 
   Required nursing home care. 1710B. Extended care services. 1710C. 
Traumatic brain injury: plans for rehabilitation and reintegration into 
 the community. 1710D. Traumatic brain injury: comprehensive plan for 
 long-term rehabilitation. 1 1710E. Traumatic brain injury: use of non-
   Departmental facilities for rehabilitation. 1. 1711. Care during 
examinations and in emergencies. 1712. Dental care; drugs and medicines 
    for certain disabled veterans; vaccines. 1712A. Eligibility for 
  readjustment counseling and related mental health services. 1712B. 
   Counseling for former prisoners of war. [1713. Renumbered.] 1714. 
   Fitting and training in use of prosthetic appliances; guide dogs; 
 service dogs. 1715. Tobacco for hospitalized veterans. 1716. Hospital 
    care by other agencies of the United States. 1717. Home health 
   services; invalid lifts and other devices. 1718. Therapeutic and 
   rehabilitative activities. 1719. Repair or replacement of certain 
prosthetic and other appliances. 1720. Transfers for nursing home care; 
adult day health care. 1720A. Treatment and rehabilitative services for 
 persons with drug or alcohol dependency. 1720B. Respite care. 1720C. 
 Noninstitutional alternatives to nursing home care. 1720D. Counseling 
     and treatment for sexual trauma. 1720E. Nasopharyngeal radium 
irradiation. 1720F. Comprehensive program for suicide prevention among 
veterans. 1720G. Assistance and support services for caregivers. 1 Does 
not conform to section catchline. 161 SUBCHAPTER IIIMISCELLANEOUS 
   PROVISIONS RELATING TO HOSPITAL AND NURSING HOME CARE AND MEDICAL 
TREATMENT OF VETERANS 1721. Power to make rules and regulations. 1722. 
    Determination of inability to defray necessary expenses; income 
   thresholds. 1722A. Copayment for medications. 1723. Furnishing of 
clothing. 1724. Hospital care, medical services, and nursing home care 
      abroad. 1725. Reimbursement for emergency treatment. 1726. 
 Reimbursement for loss of personal effects by natural disaster. 1727. 
   Persons eligible under prior law. 1728. Reimbursement of certain 
 medical expenses. 1729. Recovery by the United States of the cost of 
   certain care and services. 1729A. Department of Veterans Affairs 
 Medical Care Collections Fund. 1729B. Consolidated patient accounting 
   centers. 1730. Community residential care. 1730A. Prohibition on 
   collection of copayments from catastrophically disabled veterans. 
 SUBCHAPTER IVHOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN 
THE REPUBLIC OF THE PHILIPPINES 1731. Assistance to the Republic of the 
  Philippines. 1732. Contracts and grants to provide for the care and 
 treatment of United States veterans by the Veterans Memorial Medical 
 Center. 1733. Supervision of program by the President. 1734. Hospital 
and nursing home care and medical services in the United States. 1735. 
 Definitions. SUBCHAPTER VPAYMENTS TO STATE HOMES 1741. Criteria 
     for payment. 1742. Inspections of such homes; restrictions on 
   beneficiaries. 1743. Applications. 1744. Hiring and retention of 
    nurses: payments to assist States. 1745. Nursing home care and 
     medications for veterans with service-connected disabilities. 
 SUBCHAPTER VISICKLE CELL ANEMIA 1751. Screening, counseling, and 
   medical treatment. 1752. Research. 1753. Voluntary participation; 
 confidentiality. 1754. Reports. SUBCHAPTER VIITRANSFERRED] [1771 
to 1774. Renumbered.] SUBCHAPTER VIIIHEALTH CARE OF PERSONS OTHER 
   THAN VETERANS 1781. Medical care for survivors and dependents of 
    certain veterans. 1782. Counseling, training, and mental health 
    services for immediate family members and caregivers. 1. 1783. 
    Bereavement counseling. 1784. Humanitarian care. 1785. Care and 
   services during certain disasters and emergencies. 1786. Care for 
newborn children of women veterans receiving maternity care. SUBCHAPTER 
IGENERAL ' 1701. Definitions For the purposes of this chapter 
(1) The term disability means a disease, 
       injury, or other physical or mental defect. (2) The term 
 veteran of any war includes any veteran 
awarded the Medal of Honor. (3) The term facilities of the 
 Department means (A) facilities over which the 
Secretary has direct jurisdiction; (B) Government facilities for which 
the Secretary contracts; and (C) public or private facilities at which 
 the Secretary provides recreational activities for patients receiving 
  care under section 1710 of this title. (4) The term non-
  Department facilities means facilities other than 
       Department facilities. (5) The term hospital 
 care includes (A)(i) medical services rendered 
 in the course of the hospitalization of any veteran, and (ii) travel 
 and incidental expenses pursuant to the provisions of section 111 of 
this title; (B) such mental health services, consultation, professional 
   counseling, marriage and family counseling, and training for the 
members of the immediate family or legal guardian of a veteran, or the 
 individual in whose household such veteran certifies an intention to 
    live, as the Secretary considers appropriate for the effective 
treatment and rehabilitation of a veteran or dependent or survivor of a 
 veteran receiving care under the last sentence of section 1781(b) of 
 this title; and (C)(i) medical services rendered in the course of the 
hospitalization of a dependent or survivor of a veteran receiving care 
  under the last sentence of section 1781(b) of this title, and (ii) 
travel and incidental expenses for such dependent or survivor under the 
 terms and conditions set forth in section 111 of this title. (6) The 
   term medical services includes, in 
    addition to medical examination, treatment, and rehabilitative 
services, the following: (A) Surgical services. (B) Dental services and 
 appliances as described in sections 1710 and 1712 of this title. (C) 
Optometric and podiatric services. (D) Preventive health services. (E) 
  Noninstitutional extended care services, including alternatives to 
institutional extended care that the Secretary may furnish directly, by 
 contract, or through provision of case management by another provider 
   or payer. (F) In the case of a person otherwise receiving care or 
  services under this chapter (i) wheelchairs, artificial limbs, 
 trusses, and similar appliances; (ii) special clothing made necessary 
by the wearing of prosthetic appliances; and (iii) such other supplies 
or services as the Secretary determines to be reasonable and necessary. 
  (G) Travel and incidental expenses pursuant to section 111 of this 
  title. (7) The term domiciliary care 
includes necessary medical services and travel and incidental expenses 
 pursuant to the provisions of section 111 of this title. (8) The term 
   rehabilitative services means such 
professional, counseling, and guidance services and treatment programs 
   as are necessary to restore, to the maximum extent possible, the 
 physical, mental, and psychological functioning of an ill or disabled 
          person. (9) The term preventive health 
 services means (A) periodic medical and dental 
    examinations; (B) patient health education (including nutrition 
    education); (C) maintenance of drug use profiles, patient drug 
     monitoring, and drug utilization education; (D) mental health 
   preventive services; (E) substance abuse prevention measures; (F) 
      immunizations against infectious disease; (G) prevention of 
musculoskeletal deformity or other gradually developing disabilities of 
 a metabolic or degenerative nature; (H) genetic counseling concerning 
  inheritance of genetically determined diseases; (I) routine vision 
testing and eye care services; (J) periodic reexamination of members of 
likely target populations (high-risk groups) for selected diseases and 
   for functional decline of sensory organs, together with attendant 
   appropriate remedial intervention; and (K) such other health-care 
  services as the Secretary may determine to be necessary to provide 
       effective and economical preventive health care. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1141, Sec. 601; Pub. L. 
  86598, July 7, 1960, 74 Stat. 335; Pub. L. 86639, 
 Sec. 2, July 12, 1960, 74 Stat. 472; Pub. L. 88481, Aug. 22, 
 1964, 78 Stat. 593; Pub. L. 90612, Sec. 2, Oct. 21, 1968, 82 
Stat. 1202; Pub. L. 9382, title I, Sec. 101, Aug. 2, 1973, 87 
 Stat. 179; Pub. L. 94581, title I, Sec. 102, title II, Sec. 
  202(b), Oct. 21, 1976, 90 Stat. 2843, 2855; Pub. L. 95520, 
 Sec. 5, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 9622, title I, 
  Sec. 102(c), title II, Sec. 201(a), June 13, 1979, 93 Stat. 48, 54; 
 Pub. L. 96151, title II, Sec. 201(b), 202, Dec. 20, 1979, 93 
  Stat. 1093, 1094; Pub. L. 9772, title I, Sec. 101, Nov. 3, 
1981, 95 Stat. 1047; Pub. L. 97251, Sec. 4, Sept. 8, 1982, 96 
 Stat. 716; Pub. L. 98105, Sept. 30, 1983, 97 Stat. 730; Pub. 
 L. 98160, title I, Sec. 106(a), Nov. 21, 1983, 97 Stat. 998; 
 Pub. L. 98528, title I, Sec. 103(a), Oct. 19, 1984, 98 Stat. 
  2688; Pub. L. 99108, Sec. 2, Sept. 30, 1985, 99 Stat. 481; 
 Pub. L. 99166, title I, Sec. 102(a), Dec. 3, 1985, 99 Stat. 
  943; Pub. L. 99272, title XIX, Sec. 19011(d)(2), 19012(a), 
  Apr. 7, 1986, 100 Stat. 378, 380; Pub. L. 99576, title II, 
Sec. 203, Oct. 28, 1986, 100 Stat. 3255; Pub. L. 100322, title 
I, Sec. 131, May 20, 1988, 102 Stat. 506; Pub. L. 10254, Sec. 
   14(b)(8), June 13, 1991, 105 Stat. 283; renumbered Sec. 1701 and 
   amended Pub. L. 10283, Sec. 4(a)(2)(E), (3)(5), 
(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404 406; 
  Pub. L. 102585, title V, Sec. 513, Nov. 4, 1992, 106 Stat. 
  4958; Pub. L. 103 446, title XII, Sec. 1202(b)(1), Nov. 2, 
     1994, 108 Stat. 4689; Pub. L. 104262, title I, Secs. 
    101(d)(1), 103(a), Oct. 9, 1996, 110 Stat. 3179, 3182; Pub. L. 
 106117, title I, Sec. 101(b), Nov. 30, 1999, 113 Stat. 1548; 
  Pub. L. 107135, title II, Sec. 208(a)(1), (e)(2), Jan. 23, 
 2002, 115 Stat. 2461, 2463; Pub. L. 107330, title III, Sec. 
308(g)(3), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108170, title 
 I, Secs. 104(a), 106(a), Dec. 6, 2003, 117 Stat. 2044, 2045; Pub. L. 
110387, title III, Sec. 301(a)(1), title VIII, Sec. 801, Oct. 
10, 2008, 122 Stat. 4120, 4140.) ' 1702. Presumptions: psychosis after 
 service in World War II and following periods of war; mental illness 
   after service in the Persian Gulf War (a) PSYCHOSIS.For the 
   purposes of this chapter, any veteran of World War II, the Korean 
  conflict, the Vietnam era, or the Persian Gulf War who developed an 
 active psychosis (1) within two years after discharge or release from 
  the active military, naval, or air service, and (2) before July 26, 
  1949, in the case of a veteran of World War II, before February 1, 
 1957, in the case of a veteran of the Korean conflict, before May 8, 
 1977, in the case of a Vietnam era veteran, or before the end of the 
 two-year period beginning on the last day of the Persian Gulf War, in 
the case of a veteran of the Persian Gulf War, shall be deemed to have 
incurred such disability in the active military, naval, or air service. 
 (b) MENTAL ILLNESS.For purposes of this chapter, any veteran of 
the Persian Gulf War who develops an active mental illness (other than 
  psychosis) shall be deemed to have incurred such disability in the 
 active military, naval, or air service if such veteran develops such 
 disability (1) within two years after discharge or release from 
 the active military, naval, or air service; and (2) before the end of 
the two-year period beginning on the last day of the Persian Gulf War. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1141, Sec. 602; Pub. 
 L. 9077, title II, Sec. 203(a), Aug. 31, 1967, 81 Stat. 183; 
 Pub. L. 97295, Sec. 4(16), Oct. 12, 1982, 96Stat. 1306; Pub. 
 L. 99576, title VII, Sec. 701(20), Oct. 28, 1986, 100 Stat. 
3292; Pub. L. 10225, title III, Sec. 334(b), Apr. 6, 1991, 105 
Stat. 88; renumbered Sec. 1702, Pub. L. 10283, Sec. 5(a), Aug. 
6, 1991, 105 Stat. 406; amended Pub. L. 110 181, div. A, title 
XVII, Sec. 1708(a)(1), (2), Jan. 28, 2008, 122 Stat. 493, 494.) ' 1703. 
  Contracts for hospital care and medical services in non-Department 
facilities (a) When Department facilities are not capable of furnishing 
 economical hospital care or medical services because of geographical 
 inaccessibility or are not capable of furnishing the care or services 
 required, the Secretary, as authorized in section 1710 of this title, 
may contract with non-Department facilities in order to furnish any of 
 the following: (1) Hospital care or medical services to a veteran for 
    the treatment of (A) a service-connected disability; (B) a 
  disability for which a veteran was discharged or released from the 
   active military, naval, or air service; or (C) a disability of a 
 veteran who has a total disability permanent in nature from a service-
  connected disability. (2) Medical services for the treatment of any 
disability of (A) a veteran described in section 1710(a)(1)(B) of 
  this title; (B) a veteran who (i) has been furnished hospital care, 
  nursing home care, domiciliary care, or medical services, and (ii) 
 requires medical services to complete treatment incident to such care 
  or services; or (C) a veteran described in section 1710(a)(2)(E) of 
  this title, or a veteran who is in receipt of increased pension, or 
additional compensation or allowances based on the need of regular aid 
 and attendance or by reason of being permanently housebound (or who, 
    but for the receipt of retired pay, would be in receipt of such 
pension, compensation, or allowance), if the Secretary has determined, 
based on an examination by a physician employed by the Department (or, 
in areas where no such physician is available, by a physician carrying 
   out such function under a contract or fee arrangement), that the 
 medical condition of such veteran precludes appropriate treatment in 
 Department facilities. (3) Hospital care or medical services for the 
  treatment of medical emergencies which pose a serious threat to the 
life or health of a veteran receiving medical services in a Department 
 facility or nursing home care under section 1720 of this title until 
   such time following the furnishing of care in the non-Department 
   facility as the veteran can be safely transferred to a Department 
 facility. (4) Hospital care for women veterans. (5) Hospital care, or 
medical services that will obviate the need for hospital admission, for 
 veterans in a State (other than the Commonwealth of Puerto Rico) not 
     contiguous to the contiguous States, except that the annually 
  determined hospital patient load and incidence of the furnishing of 
medical services to veterans hospitalized or treated at the expense of 
the Department in Government and non-Department facilities in each such 
   noncontiguous State shall be consistent with the patient load or 
     incidence of the furnishing of medical services for veterans 
  hospitalized or treated by the Department within the 48 contiguous 
  States and the Commonwealth of Puerto Rico. (6) Diagnostic services 
 necessary for determination of eligibility for, or of the appropriate 
course of treatment in connection with, furnishing medical services at 
  independent Department out-patient clinics to obviate the need for 
 hospital admission. (7) Outpatient dental services and treatment, and 
     related dental appliances, for a veteran described in section 
 1712(a)(1)(F) of this title. (8) Diagnostic services (on an inpatient 
  or outpatient basis) for observation or examination of a person to 
determine eligibility for a benefit or service under laws administered 
by the Secretary. (b) In the case of any veteran for whom the Secretary 
  contracts to furnish care or services in a non-Department facility 
    pursuant to a provision of subsection (a) of this section, the 
 Secretary shall periodically review the necessity for continuing such 
 contractual arrangement pursuant to such provision. (c) The Secretary 
 shall include in the budget documents which the Secretary submits to 
  Congress for any fiscal year a detailed report on the furnishing of 
 contract care and services during the most recently completed fiscal 
year under this section, sections 1712A, 1720, 1720A, 1724, and 1732 of 
   this title, and section 115 of the Veterans Benefits and 
   Services Act of 1988 (Public Law 100322; 102 Stat. 501). 
(d)(1) The Secretary shall conduct a program of recovery audits for fee 
 basis contracts and other medical services contracts for the care of 
veterans under this section, and for beneficiaries under sections 1781, 
 1782, and 1783 of this title, with respect to overpayments resulting 
from processing or billing errors or fraudulent charges in payments for 
  non-Department care and services. The program shall be conducted by 
contract. (2) Amounts collected, by setoff or otherwise, as the result 
of an audit under the program conducted under this subsection shall be 
 available, without fiscal year limitation, for the purposes for which 
funds are currently available to the Secretary for medical care and for 
 payment to a contractor of a percentage of the amount collected as a 
  result of an audit carried out by the contractor. (3) The Secretary 
shall allocate all amounts collected under this subsection with respect 
    to a designated geographic service area of the Veterans Health 
Administration, net of payments to the contractor, to that region. (4) 
  The authority of the Secretary under this subsection terminates on 
  September 30, 2013. (Added Pub. L. 99272, title XIX, Sec. 
  19012(b)(1), Apr. 7, 1986, 100 Stat. 380, Sec. 603; amended Pub. L. 
 99166, title I, Sec. 102(b)(1), Dec. 3, 1985, 99 Stat. 943; 
 Pub. L. 99272, title XIX, Sec. 19012(c)(5)(A), Apr. 7, 1986, 
100 Stat. 382; Pub. L. 100 322, title I, Sec. 101(e)(3), 104, 
112(a), May 20, 1988, 102 Stat. 492, 493, 499; Pub. L. 100687, 
div. B, title XV, Sec. 1503(a)(1), Nov. 18, 1988, 102 Stat. 4133; Pub. 
    L.10254, Sec. 14(b)(9), June 13, 1991, 105 Stat. 283; 
renumbered Sec. 1703 and amended Pub. L. 10283, Sec. 4(a)(1), 
(3)(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 403406; Pub. L. 102585, title V, Sec. 501, Nov. 4, 
 1992, 106 Stat. 4955; Pub. L. 104262, title I, Sec. 104(b), 
 Oct. 9, 1996, 110 Stat. 3184; Pub. L. 108422, title VI, Sec. 
  601, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 10913, div. A, 
       title VI, Sec. 6080, May 11, 2005, 119 Stat. 302; Pub. L. 
110387, title VIII, Sec. 802, Oct. 10, 2008, 122 Stat. 4141.) 
   ' 1704. Preventive health services: annual report Not later than 
 October 31 each year, the Secretary shall submit to the Committees on 
Veterans Affairs of the Senate and House of Representatives a 
 report on preventive health services. Each such report shall include 
the following: (1) A description of the programs and activities of the 
   Department with respect to preventive health services during the 
 preceding fiscal year, including a description of the following: (A) 
 The programs conducted by the Department (i) to educate veterans 
 with respect to health promotion and disease prevention; and (ii) to 
 provide veterans with preventive health screenings and other clinical 
 services, with such description setting forth the types of resources 
used by the Department to conduct such screenings and services and the 
  number of veterans reached by such screenings and services. (B) The 
 means by which the Secretary addressed the specific preventive health 
  services needs of particular groups of veterans (including veterans 
   with service-connected disabilities, elderly veterans, low-income 
veterans, women veterans, institutionalized veterans, and veterans who 
are at risk for mental illness). (C) The manner in which the provision 
of such services was coordinated with the activities of the Medical and 
 Prosthetic Research Service of the Department and the National Center 
 for Preventive Health. (D) The manner in which the provision of such 
   services was integrated into training programs of the Department, 
including initial and continuing medical training of medical students, 
residents, and Department staff. (E) The manner in which the Department 
   participated in cooperative preventive health efforts with other 
  governmental and private entities (including State and local health 
 promotion offices and not-for-profit organizations). (F) The specific 
 research carried out by the Department with respect to the long-term 
relationships among screening activities, treatment, and morbidity and 
  mortality outcomes. (G) The cost effectiveness of such programs and 
 activities, including an explanation of the means by which the costs 
and benefits (including the quality of life of veterans who participate 
 in such programs and activities) of such programs and activities are 
    measured. (2) A specific description of research activities on 
    preventive health services carried out during that period using 
employees, funds, equipment, office space, or other support services of 
the Department, with such description setting forth (A) the source 
    of funds for those activities; (B) the articles or publications 
(including the authors of the articles and publications) in which those 
activities are described; (C) the Federal, State, or local governmental 
   entity or private entity, if any, with which such activities were 
    carried out; and (D) the clinical, research, or staff education 
 projects for which funding applications were submitted (including the 
 source of the funds applied for) and upon which a decision is pending 
  or was denied. (3) An accounting of the expenditure of funds during 
that period by the National Center for Preventive Health under section 
   7318 of this title. (Added Pub. L. 102585, title V, Sec. 
  512(a), Nov. 4, 1992, 106 Stat. 4957.) ' 1705. Management of health 
   care: patient enrollment system (a) In managing the provision of 
hospital care and medical services under section 1710(a) of this title, 
   the Secretary, in accordance with regulations the Secretary shall 
   prescribe, shall establish and operate a system of annual patient 
 enrollment. The Secretary shall manage the enrollment of veterans in 
  accordance with the following priorities, in the order listed: (1) 
   Veterans with service-connected disabilities rated 50 percent or 
  greater. (2) Veterans with service-connected disabilities rated 30 
percent or 40 percent. (3) Veterans who are former prisoners of war or 
who were awarded the Purple Heart, veterans who were awarded the medal 
 of honor under section 3741, 6241, or 8741 of title 10 or section 491 
  of title 14, veterans with service-connected disabilities rated 10 
percent or 20 percent, and veterans described in subparagraphs (B) and 
   (C) of section 1710(a)(2) of this title. (4) Veterans who are in 
    receipt of increased pension based on a need of regular aid and 
   attendance or by reason of being permanently housebound and other 
veterans who are catastrophically disabled. (5) Veterans not covered by 
  paragraphs (1) through (4) who are unable to defray the expenses of 
 necessary care as determined under section 1722(a) of this title. (6) 
 All other veterans eligible for hospital care, medical services, and 
nursing home care under section 1710(a)(2) of this title. (7) Veterans 
  described in section 1710(a)(3) of this title who are eligible for 
   treatment as a low-income family under section 3(b) of the United 
 States Housing Act of 1937 (42 U.S.C. 1437a(b)) for the area in which 
 such veterans reside, regardless of whether such veterans are treated 
 as single person families under paragraph (3)(A) of such section 3(b) 
    or as families under paragraph (3)(B) of such section 3(b). (8) 
  Veterans described in section 1710(a)(3) of this title who are not 
  covered by paragraph (7). (b) In the design of an enrollment system 
  under subsection (a), the Secretary (1) shall ensure that the 
system will be managed in a manner to ensure that the provision of care 
  to enrollees is timely and acceptable in quality; (2) may establish 
     additional priorities within each priority group specified in 
  subsection (a), as the Secretary determines necessary; and (3) may 
 provide for exceptions to the specified priorities where dictated by 
   compelling medical reasons. (c)(1) The Secretary may not provide 
 hospital care or medical services to a veteran under paragraph (2) or 
(3) of section 1710(a) of this title unless the veteran enrolls in the 
    system of patient enrollment established by the Secretary under 
   subsection (a). (2) The Secretary shall provide hospital care and 
  medical services under section 1710(a)(1) of this title, and under 
subparagraph (B) of section 1710(a)(2) of this title, for the 12-month 
   period following such veterans discharge or release from 
 service, to any veteran referred to in such sections for a disability 
       specified in the applicable subparagraph of such section, 
 notwithstanding the failure of the veteran to enroll in the system of 
   patient enrollment referred to in subsection (a) of this section. 
(Added Pub. L. 104262, title I, Sec. 104(a)(1), Oct. 9, 1996, 
110 Stat. 3182; amended Pub. L. 106117, title I, Sec. 112(2), 
Nov. 30, 1999, 113 Stat. 1556; Pub. L. 107 135, title II, Sec. 
 202(a), Jan. 23, 2002, 115 Stat. 2457; Pub. L. 107330, title 
      III, Sec. 308(g)(4), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 
  111163, title V, Sec. 512, May 5, 2010, 124 Stat. 1164.) ' 
1706. Management of health care: other requirements (a) In managing the 
 provision of hospital care and medical services under section 1710(a) 
  of this title, the Secretary shall, to the extent feasible, design, 
   establish and manage health care programs in such a manner as to 
  promote cost-effective delivery of health care services in the most 
  clinically appropriate setting. (b)(1) In managing the provision of 
 hospital care and medical services under such section, the Secretary 
 shall ensure that the Department (and each geographic service area of 
 the Veterans Health Administration) maintains its capacity to provide 
  for the specialized treatment and rehabilitative needs of disabled 
 veterans (including veterans with spinal cord dysfunction, blindness, 
amputations, and mental illness) within distinct programs or facilities 
of the Department that are dedicated to the specialized needs of those 
veterans in a manner that (A) affords those veterans reasonable access 
to care and services for those specialized needs, and (B) ensures that 
  overall capacity of the Department to provide such services is not 
   reduced below the capacity of the Department (and each geographic 
  service area of the Veterans Health Administration), nationwide, to 
  provide those services, as of October 9, 1996. The Secretary shall 
carry out this paragraph in consultation with the Advisory Committee on 
Prosthetics and Special Disabilities Programs and the Committee on Care 
  of Severely Chronically Mentally Ill Veterans. (2) For purposes of 
  paragraph (1), the capacity of the Department (and each geographic 
service area of the Veterans Health Administration) to provide for the 
  specialized treatment and rehabilitative needs of disabled veterans 
   (including veterans with spinal cord dysfunction, traumatic brain 
 injury, blindness, prosthetics and sensory aids, and mental illness) 
within distinct programs or facilities shall be measured for seriously 
mentally ill veterans as follows (with all such data to be provided by 
geographic service area and totaled nationally): (A) For mental health 
 intensive community-based care, the number of discrete intensive care 
   teams constituted to provide such intensive services to seriously 
 mentally ill veterans and the number of veterans provided such care. 
 (B) For opioid substitution programs, the number of patients treated 
annually and the amounts expended. (C) For dual-diagnosis patients, the 
number treated annually and the amounts expended. (D) For substance-use 
   disorder programs (i) the number of beds (whether hospital, 
 nursing home, or other designated beds) employed and the average bed 
occupancy of such beds; (ii) the percentage of unique patients admitted 
directly to outpatient care during the fiscal year who had two or more 
  additional visits to specialized outpatient care within 30 days of 
 their first visit, with a comparison from 1996 until the date of the 
 report; (iii) the percentage of unique inpatients with substance-use 
 disorder diagnoses treated during the fiscal year who had one or more 
 specialized clinic visits within three days of their index discharge, 
  with a comparison from 1996 until the date of the report; (iv) the 
   percentage of unique outpatients seen in a facility or geographic 
  service area during the fiscal year who had one or more specialized 
   clinic visits, with a comparison from 1996 until the date of the 
report; and (v) the rate of recidivism of patients at each specialized 
     clinic in each geographic service area of the Veterans Health 
Administration. (E) For mental health programs, the number and type of 
staff that are available at each facility to provide specialized mental 
health treatment, including satellite clinics, outpatient programs, and 
community-based outpatient clinics, with a comparison from 1996 to the 
  date of the report. (F) The number of such clinics providing mental 
 health care, the number and type of mental health staff at each such 
clinic, and the type of mental health programs at each such clinic. (G) 
 The total amounts expended for mental health during the fiscal year. 
(3) For purposes of paragraph (1), the capacity of the Department (and 
each geographic service area of the Veterans Health Administration) to 
   provide for the specialized treatment and rehabilitative needs of 
   disabled veterans within distinct programs or facilities shall be 
  measured for veterans with spinal cord dysfunction, traumatic brain 
injury, blindness, or prosthetics and sensory aids as follows (with all 
    such data to be provided by geographic service area and totaled 
  nationally): (A) For spinal cord injury and dysfunction specialized 
centers and for blind rehabilitation specialized centers, the number of 
staffed beds and the number of full-time equivalent employees assigned 
to provide care at such centers. (B) For prosthetics and sensory aids, 
the annual amount expended. (C) For traumatic brain injury, the number 
of patients treated annually and the amounts expended. (4) In carrying 
out paragraph (1), the Secretary may not use patient outcome data as a 
 substitute for, or the equivalent of, compliance with the requirement 
under that paragraph for maintenance of capacity. (5)(A) Not later than 
 April 1 of each year through 2008, the Secretary shall submit to the 
  Committees on Veterans Affairs of the Senate and House of 
  Representatives a report on the Secretarys compliance, by 
    facility and by service-network, with the requirements of this 
 subsection. Each such report shall include information on recidivism 
    rates associated with substance-use disorder treatment. (B) In 
 preparing each report under subparagraph (A), the Secretary shall use 
     standardized data and data definitions. (C) Each report under 
   subparagraph (A) shall be audited by the Inspector General of the 
  Department, who shall submit to Congress a certification as to the 
    accuracy of each such report. (6)(A) To ensure compliance with 
paragraph (1), the Under Secretary for Health shall prescribe objective 
 standards of job performance for employees in positions described in 
subparagraph (B) with respect to the job performance of those employees 
     in carrying out the requirements of paragraph (1). Those job 
performance standards shall include measures of workload, allocation of 
 resources, and quality-of-care indicators. (B) Positions described in 
 this subparagraph are positions in the Veterans Health Administration 
    that have responsibility for allocating and managing resources 
    applicable to the requirements of paragraph (1). (C) The Under 
      Secretary shall develop the job performance standards under 
    subparagraph (A) in consultation with the Advisory Committee on 
Prosthetics and Special Disabilities Programs and the Committee on Care 
of Severely Chronically Mentally Ill Veterans. (c) The Secretary shall 
 ensure that each primary care health care facility of the Department 
  develops and carries out a plan to provide mental health services, 
 either through referral or direct provision of services, to veterans 
  who require such services. (Added Pub. L. 104262, title I, 
Sec. 104(a)(1), Oct. 9, 1996, 110 Stat. 3183; Pub. L. 105368, 
 title IX, 903(a), title X, Sec. 1005(b)(2), Nov. 11, 1998, 112 Stat. 
3360, 3365; Pub. L. 10795, Sec. 8(a), Dec. 21, 2001, 115 Stat. 
 919; Pub. L. 107135, title II, Sec. 203, Jan. 23, 2002, 115 
 Stat. 2458; Pub. L. 109461, title II, Sec. 208(a), Dec. 22, 
 2006, 120 Stat. 3413.) ' 1707. Limitations (a) Funds appropriated to 
     carry out this chapter may not be used for purposes that are 
inconsistent with the Assisted Suicide Funding Restriction Act of 1997 
(42 U.S.C. 14401 et seq.). (b) The Secretary may furnish sensori-neural 
 aids only in accordance with guidelines prescribed by the Secretary. 
 (Added Pub. L. 10512, Sec. 9(i)(1), Apr. 30, 1997, 111 Stat. 
27; amended Pub. L. 107135, title II, Sec. 208(a)(2), (f)(2), 
  Jan. 23, 2002, 115 Stat. 2462, 2464; Pub. L. 107330, title 
 III, Sec. 308(g)(5), Dec. 6, 2002, 116 Stat. 2829.) ' 1708. Temporary 
 lodging (a) The Secretary may furnish persons described in subsection 
   (b) with temporary lodging in a Fisher house or other appropriate 
 facility in connection with the examination, treatment, or care of a 
veteran under this chapter or, as provided for under subsection (e)(5), 
in connection with benefits administered under this title. (b) Persons 
to whom the Secretary may provide lodging under subsection (a) are the 
  following: (1) A veteran who must travel a significant distance to 
 receive care or services under this title. (2) A member of the family 
    of a veteran and others who accompany a veteran and provide the 
 equivalent of familial support for such veteran. (c) In this section, 
  the term Fisher house means a housing 
facility that (1) is located at, or in proximity to, a Department 
 medical facility; (2) is available for residential use on a temporary 
 basis by patients of that facility and others described in subsection 
(b)(2); and (3) is constructed by, and donated to the Secretary by, the 
  Zachary and Elizabeth M. Fisher Armed Services Foundation. (d) The 
   Secretary may establish charges for providing lodging under this 
   section. The proceeds from such charges shall be credited to the 
medical services account and shall be available until expended for the 
 purposes of providing such lodging. (e) The Secretary shall prescribe 
 regulations to carry out this section. Such regulations shall include 
  provisions (1) limiting the duration of lodging provided under 
   this section; (2) establishing standards and criteria under which 
  charges are established for such lodging under subsection (d); (3) 
   establishing criteria for persons considered to be accompanying a 
veteran under subsection (b)(2); (4) establishing criteria for the use 
of the premises of temporary lodging facilities under this section; and 
(5) establishing any other limitations, conditions, and priorities that 
the Secretary considers appropriate with respect to lodging under this 
section. (Added Pub. L. 106419, title II, Sec. 221(a), Nov. 1, 
 2000, 114 Stat. 1844; amended Pub. L. 110387, title IX, Sec. 
901(a)(8), Oct. 10, 2008, 122 Stat. 4142.) SUBCHAPTER IIHOSPITAL, 
    NURSING HOME, OR DOMICILIARY CARE AND MEDICAL TREATMENT ' 1710. 
Eligibility for hospital, nursing home, and domiciliary care (a)(1) The 
 Secretary (subject to paragraph (4)) shall furnish hospital care and 
 medical services which the Secretary determines to be needed (A) 
   to any veteran for a service-connected disability; and (B) to any 
 veteran who has a service-connected disability rated at 50 percent or 
   more. (2) The Secretary (subject to paragraph (4)) shall furnish 
hospital care and medical services, and may furnish nursing home care, 
which the Secretary determines to be needed to any veteran (A) who 
   has a compensable service-connected disability rated less than 50 
percent or, with respect to nursing home care during any period during 
which the provisions of section 1710A(a) of this title are in effect, a 
 compensable service-connected disability rated less than 70 percent; 
  (B) whose discharge or release from active military, naval, or air 
  service was for a disability that was incurred or aggravated in the 
 line of duty; (C) who is in receipt of, or who, but for a suspension 
 pursuant to section 1151 of this title (or both a suspension and the 
receipt of retired pay), would be entitled to disability compensation, 
     but only to the extent that such veterans continuing 
eligibility for such care is provided for in the judgment or settlement 
 provided for in such section; (D) who is a former prisoner of war or 
 who was awarded the Purple Heart; (E) who is a veteran of the Mexican 
    border period or of World War I; (F) who was exposed to a toxic 
 substance, radiation, or other conditions, as provided in subsection 
 (e); or (G) who is unable to defray the expenses of necessary care as 
 determined under section 1722(a) of this title. (3) In the case of a 
 veteran who is not described in paragraphs (1) and (2), the Secretary 
 may, to the extent resources and facilities are available and subject 
 to the provisions of subsections (f) and (g), furnish hospital care, 
medical services, and nursing home care which the Secretary determines 
 to be needed. (4) The requirement in paragraphs (1) and (2) that the 
 Secretary furnish hospital care and medical services, the requirement 
 in section 1710A(a) of this title that the Secretary provide nursing 
  home care, the requirement in section 1710B of this title that the 
    Secretary provide a program of extended care services, and the 
requirement in section 1745 of this title to provide nursing home care 
     and prescription medicines to veterans with service-connected 
disabilities in State homes shall be effective in any fiscal year only 
 to the extent and in the amount provided in advance in appropriations 
    Acts for such purposes. (5) During any period during which the 
  provisions of section 1710A(a) of this title are not in effect, the 
Secretary may furnish nursing home care which the Secretary determines 
is needed to any veteran described in paragraph (1), with the priority 
 for such care on the same basis as if provided under that paragraph. 
 (b)(1) The Secretary may furnish to a veteran described in paragraph 
     (2) of this subsection such domiciliary care as the Secretary 
   determines is needed for the purpose of the furnishing of medical 
services to the veteran. (2) This subsection applies in the case of the 
following veterans: (A) Any veteran whose annual income (as determined 
 under section 1503 of this title) does not exceed the maximum annual 
rate of pension that would be applicable to the veteran if the veteran 
were eligible for pension under section 1521(d) of this title. (B) Any 
veteran who the Secretary determines has no adequate means of support. 
 (c) While any veteran is receiving hospital care or nursing home care 
  in any Department facility, the Secretary may, within the limits of 
Department facilities, furnish medical services to correct or treat any 
   non-service-connected disability of such veteran, in addition to 
    treatment incident to the disability for which such veteran is 
 hospitalized, if the veteran is willing, and the Secretary finds such 
   services to be reasonably necessary to protect the health of such 
 veteran. The Secretary may furnish dental services and treatment, and 
  related dental appliances, under this subsection for a non-service-
 connected dental condition or disability of a veteran only (1) to the 
extent that the Secretary determines that the dental facilities of the 
     Department to be used to furnish such services, treatment, or 
appliances are not needed to furnish services, treatment, or appliances 
 for dental conditions or disabilities described in section 1712(a) of 
 this title, or (2) if (A) such non-service-connected dental condition 
or disability is associated with or aggravating a disability for which 
 such veteran is receiving hospital care, or (B) a compelling medical 
   reason or a dental emergency requires furnishing dental services, 
 treatment, or appliances (excluding the furnishing of such services, 
 treatment, or appliances of a routine nature) to such veteran during 
 the period of hospitalization under this section. (d) In no case may 
   nursing home care be furnished in a hospital not under the direct 
  jurisdiction of the Secretary except as provided in section 1720 of 
   this title. (e)(1)(A) A Vietnam-era herbicide-exposed veteran is 
    eligible (subject to paragraph (2)) for hospital care, medical 
  services, and nursing home care under subsection (a)(2)(F) for any 
disability, notwithstanding that there is insufficient medical evidence 
to conclude that such disability may be associated with such exposure. 
(B) A radiation-exposed veteran is eligible for hospital care, medical 
  services, and nursing home care under subsection (a)(2)(F) for any 
 disease suffered by the veteran that is (i) a disease listed in 
 section 1112(c)(2) of this title; or (ii) any other disease for which 
    the Secretary, based on the advice of the Advisory Committee on 
Environmental Hazards, determines that there is credible evidence of a 
 positive association between occurrence of the disease in humans and 
 exposure to ionizing radiation. (C) Subject to paragraph (2) of this 
subsection, a veteran who served on active duty between August 2, 1990, 
  and November 11, 1998, in the Southwest Asia theater of operations 
  during the Persian Gulf War is eligible for hospital care, medical 
  services, and nursing home care under subsection (a)(2)(F) for any 
disability, notwithstanding that there is insufficient medical evidence 
 to conclude that such disability may be associated with such service. 
 (D) Subject to paragraphs (2) and (3), a veteran who served on active 
duty in a theater of combat operations (as determined by the Secretary 
 in consultation with the Secretary of Defense) during a period of war 
after the Persian Gulf War, or in combat against a hostile force during 
 a period of hostilities (as defined in section 1712A(a)(2)(B) of this 
title) after November 11, 1998, is eligible for hospital care, medical 
  services, and nursing home care under subsection (a)(2)(F) for any 
illness, notwithstanding that there is insufficient medical evidence to 
   conclude that such condition is attributable to such service. (E) 
    Subject to paragraph (2), a veteran who participated in a test 
conducted by the Department of Defense Deseret Test Center as part of a 
 program for chemical and biological warfare testing from 1962 through 
1973 (including the program designated as Project Shipboard 
  Hazard and Defense (SHAD) and related land-based 
  tests) is eligible for hospital care, medical services, and nursing 
 home care under subsection (a)(2)(F) for any illness, notwithstanding 
   that there is insufficient medical evidence to conclude that such 
   illness is attributable to such testing. (2)(A) In the case of a 
veteran described in paragraph (1)(A), hospital care, medical services, 
 and nursing home care may not be provided under subsection (a)(2)(F) 
with respect to (i) a disability that is found, in accordance with 
 guidelines issued by the Under Secretary for Health, to have resulted 
from a cause other than an exposure described in paragraph (4)(A)(ii); 
  or (ii) a disease for which the National Academy of Sciences, in a 
 report issued in accordance with section 3 of the Agent Orange Act of 
 1991, has determined that there is limited or suggestive evidence of 
the lack of a positive association between occurrence of the disease in 
humans and exposure to a herbicide agent. (B) In the case of a veteran 
 described in subparagraph (C), (D), or (E) of paragraph (1), hospital 
care, medical services, and nursing home care may not be provided under 
  subsection (a)(2)(F) with respect to a disability that is found, in 
accordance with guidelines issued by the Under Secretary for Health, to 
have resulted from a cause other than the service or testing described 
in such subparagraph. (3) Hospital care, medical services, and nursing 
    home care may not be provided under or by virtue of subsection 
  (a)(2)(F) in the case of care for a veteran described in paragraph 
(1)(D) who (A) is discharged or released from the active military, 
naval, or air service after the date that is five years before the date 
 of the enactment of the National Defense Authorization Act for Fiscal 
 Year 2008, after a period of five years beginning on the date of such 
  discharge or release; or (B) is so discharged or released more than 
five years before the date of the enactment of that Act and who did not 
  enroll in the patient enrollment system under section 1705 of this 
title before such date, after a period of three years beginning on the 
      date of the enactment of that Act. (4) For purposes of this 
subsection (A) The term Vietnam-era herbicide-exposed 
veteran means a veteran (i) who served on active duty 
 in the Republic of Vietnam during the during the period beginning on 
January 9, 1962, and ending on May 7, 1975, and (ii) who the Secretary 
   finds may have been exposed during such service to dioxin or was 
 exposed during such service to a toxic substance found in a herbicide 
  or defoliant used for military purposes during such period. (B) The 
 term radiation-exposed veteran has the 
 meaning given that term in section 1112(c)(3) of this title. (5) When 
  the Secretary first provides care for veterans using the authority 
 provided in paragraph (1)(D), the Secretary shall establish a system 
for collection and analysis of information on the general health status 
 and health care utilization patterns of veterans receiving care under 
  that paragraph. Not later than 18 months after first providing care 
 under such authority, the Secretary shall submit to Congress a report 
on the experience under that authority. The Secretary shall include in 
 the report any recommendations of the Secretary for extension of that 
   authority. (f)(1) The Secretary may not furnish hospital care or 
nursing home care (except if such care constitutes hospice care) under 
     this section to a veteran who is eligible for such care under 
 subsection (a)(3) of this section unless the veteran agrees to pay to 
the United States the applicable amount determined under paragraph (2) 
or (4) of this subsection. (2) A veteran who is furnished hospital care 
   or nursing home care under this section and who is required under 
   paragraph (1) of this subsection to agree to pay an amount to the 
United States in order to be furnished such care shall be liable to the 
 United States for an amount equal to (A) the lesser of (i) 
 the cost of furnishing such care, as determined by the Secretary; or 
(ii) the amount determined under paragraph (3) of this subsection; and 
(B) before September 30, 2012, an amount equal to $10 for every day the 
    veteran receives hospital care and $5 for every day the veteran 
    receives nursing home care. (3)(A) In the case of hospital care 
    furnished during any 365-day period, the amount referred to in 
 paragraph (2)(A)(ii) of this subsection is (i) the amount of the 
 inpatient Medicare deductible, plus (ii) one-half of such amount for 
 each 90 days of care (or fraction thereof) after the first 90 days of 
 such care during such 365-day period. (B) In the case of nursing home 
  care furnished during any 365-day period, the amount referred to in 
paragraph (2)(A)(ii) of this subsection is the amount of the inpatient 
Medicare deductible for each 90 days of such care (or fraction thereof) 
during such 365-day period. (C)(i) Except as provided in clause (ii) of 
this subparagraph, in the case of a veteran who is admitted for nursing 
    home care under this section after being furnished, during the 
preceding 365-day period, hospital care for which the veteran has paid 
 the amount of the inpatient Medicare deductible under this subsection 
 and who has not been furnished 90 days of hospital care in connection 
  with such payment, the veteran shall not incur any liability under 
paragraph (2) of this subsection with respect to such nursing home care 
until (I) the veteran has been furnished, beginning with the first 
day of such hospital care furnished in connection with such payment, a 
 total of 90 days of hospital care and nursing home care; or (II) the 
  end of the 365-day period applicable to the hospital care for which 
payment was made, whichever occurs first. (ii) In the case of a veteran 
 who is admitted for nursing home care under this section after being 
   furnished, during any 365-day period, hospital care for which the 
veteran has paid an amount under subparagraph (A)(ii) of this paragraph 
 and who has not been furnished 90 days of hospital care in connection 
  with such payment, the amount of the liability of the veteran under 
paragraph (2) of this subsection with respect to the number of days of 
such nursing home care which, when added to the number of days of such 
 hospital care, is 90 or less, is the difference between the inpatient 
    Medicare deductible and the amount paid under such subparagraph 
until (I) the veteran has been furnished, beginning with the first 
day of such hospital care furnished in connection with such payment, a 
 total of 90 days of hospital care and nursing home care; or (II) the 
  end of the 365-day period applicable to the hospital care for which 
payment was made, whichever occurs first. (D) In the case of a veteran 
who is admitted for hospital care under this section after having been 
 furnished, during the preceding 365-day period, nursing home care for 
    which the veteran has paid the amount of the inpatient Medicare 
deductible under this subsection and who has not been furnished 90 days 
of nursing home care in connection with such payment, the veteran shall 
  not incur any liability under paragraph (2) of this subsection with 
   respect to such hospital care until (i) the veteran has been 
   furnished, beginning with the first day of such nursing home care 
   furnished in connection with such payment, a total of 90 days of 
  nursing home care and hospital care; or (ii) the end of the 365-day 
period applicable to the nursing home care for which payment was made, 
  whichever occurs first. (E) A veteran may not be required to make a 
 payment under this subsection for hospital care or nursing home care 
  furnished under this section during any 90-day period in which the 
veteran is furnished medical services under paragraph (3) of subsection 
 (a) to the extent that such payment would cause the total amount paid 
by the veteran under this subsection for hospital care and nursing home 
care furnished during that period and under subsection (g) for medical 
   services furnished during that period to exceed the amount of the 
   inpatient Medicare deductible in effect on the first day of such 
period. (F) A veteran may not be required to make a payment under this 
subsection or subsection (g) for any days of care in excess of 360 days 
   of care during any 365-calendar-day period. (4) In the case of a 
  veteran covered by this subsection who is also described by section 
  1705(a)(7) of this title, the amount for which the veteran shall be 
  liable to the United States for hospital care under this subsection 
 shall be an amount equal to 20 percent of the total amount for which 
the veteran would otherwise be liable for such care under subparagraphs 
(2)(B) and (3)(A) but for this paragraph. (5) For the purposes of this 
          subsection, the term inpatient Medicare 
deductible means the amount of the inpatient hospital 
 deductible in effect under section 1813(b) of the Social Security Act 
(42 U.S.C. 1395e(b)) on the first day of the 365-day period applicable 
 under paragraph (3) of this subsection. (g)(1) The Secretary may not 
furnish medical services (except if such care constitutes hospice care) 
 under subsection (a) of this section (including home health services 
  under section 1717 of this title) to a veteran who is eligible for 
hospital care under this chapter by reason of subsection (a)(3) of this 
 section unless the veteran agrees to pay to the United States in the 
    case of each outpatient visit the applicable amount or amounts 
   established by the Secretary by regulation. (2) A veteran who is 
furnished medical services under subsection (a) of this section and who 
 is required under paragraph (1) of this subsection to agree to pay an 
  amount to the United States in order to be furnished such services 
  shall be liable to the United States, in the case of each visit in 
 which such services are furnished to the veteran, for an amount which 
 the Secretary shall establish by regulation. (3) This subsection does 
 not apply with respect to home health services under section 1717 of 
 this title to the extent that such services are for improvements and 
   structural alterations. (h) Nothing in this section requires the 
   Secretary to furnish care to a veteran to whom another agency of 
  Federal, State, or local government has a duty under law to provide 
  care in an institution of such government. (Pub. L. 85857, 
Sept. 2, 1958, 72 Stat. 1141, Sec. 610; Pub. L. 87583, Sec. 1, 
 Aug. 14, 1962, 76 Stat. 381; Pub. L. 89358, Sec. 8, Mar. 3, 
1966, 80 Stat. 27; Pub. L. 89785, title III, Sec. 304, Nov. 7, 
1966, 80 Stat. 1377; Pub. L. 91500, Sec. 4, Oct. 22, 1970, 84 
Stat. 1096; Pub. L. 9382, title I, Sec. 102, Aug. 2, 1973, 87 
 Stat. 180; Pub. L. 94581, title II, Sec. 202(d), 210(a)(1), 
  Oct. 21, 1976, 90 Stat. 2855, 2862; Pub. L. 9622, title I, 
 Sec. 102(a), June 13, 1979, 93 Stat. 47; Pub. L. 9737, Sec. 
5(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 9772, title I, Sec. 
102(a), Nov. 3, 1981, 95 Stat. 1047; Pub. L. 98160, title VII, 
 Sec. 701, Nov. 21, 1983, 97 Stat. 1008; Pub. L. 99166, title 
I, Sec. 103, Dec. 3, 1985, 99 Stat. 944; Pub. L. 99272, title 
 XIX, Sec. 19011(a), (d)(3), Apr. 7, 1986, 100 Stat. 372, 379; Pub. L. 
99576, title II, Sec. 237(a), (b)(1), Oct. 28, 1986, 100 Stat. 
3267; Pub. L. 100322, title I, Sec. 102(a), May 20, 1988, 102 
Stat. 492; Pub. L. 100687, div. B, title XII, Sec. 1202, Nov. 
  18, 1988, 102 Stat. 4125; Pub. L. 101508, title VIII, Sec. 
      8013(a), Nov. 5, 1990, 104 Stat. 1388346; Pub. L. 
      1024, Sec. 5, Feb. 6, 1991, 105 Stat. 15; Pub. L. 
     10254, Sec. 14(b)(10), June 13, 1991, 105 Stat. 283; 
renumbered Sec. 1710 and amended Pub. L. 10283, Sec. 4(a)(3), 
      (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 102405, title III, Sec. 302(c)(1), 
Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103210, Sec. 1(a), 2(a), 
  Dec. 20, 1993, 107 Stat. 2496, 2497; Pub. L. 103446, title 
      XII, Sec. 1201(d)(2), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 
103452, title I, Sec. 103(a)(1), Nov. 2, 1994, 108 Stat. 4786; 
 Pub. L. 104110, title I, Sec. 101(a)(1), Feb. 13, 1996, 110 
    Stat. 768; Pub. L. 104262, title I, Secs. 101(a), (b), 
 (d)(2)(4), 102(a), Oct. 9, 1996, 110 Stat. 3178, 3179, 3181; 
Pub. L. 104275, title V, Sec. 505(c), Oct. 9, 1996, 110 Stat. 
3342; Pub. L. 10533, title VIII, Secs. 8021(a)(1), 8023(b)(1), 
 (2), Aug. 5, 1997, 111 Stat. 664, 667; Pub. L. 105114, title 
II, Sec. 209(a), title IV, Sec. 402(a), Nov. 21, 1997, 111 Stat. 2290, 
  2294; Pub. L. 105368, title I, Sec. 102(a), title X, Sec. 
       1005(b)(3), Nov. 11, 1998, 112 Stat. 3321, 3365; Pub. L. 
106117, title I, Secs. 101(f), 112(1), title II, Sec. 201(b), 
  Nov. 30, 1999, 113 Stat. 1550, 1556, 1561; Pub. L. 106419, 
     title II, Sec. 224(b), Nov. 1, 2000, 114 Stat. 1846; Pub. L. 
 107 135, title II, Secs. 202(b), 209(a), 211, Jan. 23, 2002, 
 115 Stat. 2457, 2464, 2465; Pub. L. 107330, title III, Sec. 
  308(g)(6), Dec. 6, 2002, 116 Stat. 2829; Pub. L. 108 170, 
       title I, Sec. 102, Dec. 6, 2003, 117 Stat. 2044; Pub. L. 
  109444, Sec. 2(a), Dec. 21, 2006, 120 Stat. 3304; Pub. L. 
  109461, title II, Sec. 211(a)(3)(B), title X, Secs. 1003, 
      1006(b), Dec. 22, 2006, 120 Stat. 3419, 3465, 3468; Pub. L. 
 110161, div. I, title II, Sec. 231, Dec. 26, 2007, 121 Stat. 
2273; Pub. L. 110181, div. A, title XVII, Sec. 1707, Jan. 28, 
 2008, 122 Stat. 493; Pub. L. 110329, div. E, title II, Sec. 
224, Sept. 30, 2008, 122 Stat. 3713; Pub. L. 110387, title IV, 
Sec. 409, title VIII, Secs. 803, 804(a), Oct. 10, 2008, 122 Stat. 4130, 
 4141; Pub. L. 111163, title V, Secs. 513, 517, May 5, 2010, 
  124 Stat. 1164, 1167.) ' 1710A. Required nursing home care (a) The 
 Secretary (subject to section 1710(a)(4) of this title) shall provide 
 nursing home care which the Secretary determines is needed (1) to any 
 veteran in need of such care for a service-connected disability, and 
 (2) to any veteran who is in need of such care and who has a service-
connected disability rated at 70 percent or more. (b)(1) The Secretary 
 shall ensure that a veteran described in subsection (a) who continues 
   to need nursing home care is not, after placement in a Department 
nursing home, transferred from the facility without the consent of the 
veteran, or, in the event the veteran cannot provide informed consent, 
the representative of the veteran. (2) Nothing in subsection (a) may be 
 construed as authorizing or requiring that a veteran who is receiving 
   nursing home care in a Department nursing home on the date of the 
enactment of this section be displaced, transferred, or discharged from 
  the facility. (c) The Secretary shall ensure that nursing home care 
provided under subsection (a) is provided in an age-appropriate manner. 
 (d) The provisions of subsection (a) shall terminate on December 31, 
2013. (Added Pub. L. 106117, title I, Sec. 101(a)(1), Nov. 30, 
 1999, 113 Stat. 1547; amended Pub. L. 106419, title II, Sec. 
224(a), Nov. 1, 2000, 114 Stat. 1846; Pub. L. 108170, title I, 
  Sec. 106(b), Dec. 6, 2003, 117 Stat. 2046; Pub. L. 110181, 
div. A, title XVII, Sec. 1706(b), Jan. 28, 2008, 122 Stat. 493; Pub. L. 
110387, title VIII, Sec. 805, Oct. 10, 2008, 122 Stat. 4141.) 
 ' 1710B. Extended care services (a) The Secretary (subject to section 
  1710(a)(4) of this title and subsection (c) of this section) shall 
  operate and maintain a program to provide extended care services to 
eligible veterans in accordance with this section. Such services shall 
include the following: (1) Geriatric evaluation. (2) Nursing home care 
(A) in facilities operated by the Secretary, and (B) in community-based 
  facilities through contracts under section 1720 of this title. (3) 
Domiciliary services under section 1710(b) of this title. (4) Adult day 
    health care under section 1720(f) of this title. (5) Such other 
noninstitutional alternatives to nursing home care as the Secretary may 
 furnish as medical services under section 1701(10) of this title. (6) 
Respite care under section 1720B of this title. (b) The Secretary shall 
 ensure that the staffing and level of extended care services provided 
by the Secretary nationally in facilities of the Department during any 
 fiscal year is not less than the staffing and level of such services 
provided nationally in facilities of the Department during fiscal year 
1998. (c)(1) Except as provided in paragraph (2), the Secretary may not 
 furnish extended care services for a non-service-connected disability 
   other than in the case of a veteran who has a compensable service-
  connected disability unless the veteran agrees to pay to the United 
 States a copayment (determined in accordance with subsection (d)) for 
 any period of such services in a year after the first 21 days of such 
 services provided that veteran in that year. (2) Paragraph (1) shall 
 not apply (A) to a veteran whose annual income (determined under 
  section 1503 of this title) is less than the amount in effect under 
section 1521(b) of this title; (B) to a veteran being furnished hospice 
care under this section; or (C) with respect to an episode of extended 
 care services that a veteran is being furnished by the Department on 
  November 30, 1999. (d)(1) A veteran who is furnished extended care 
services under this chapter and who is required under subsection (c) to 
   pay an amount to the United States in order to be furnished such 
 services shall be liable to the United States for that amount. (2) In 
implementing subsection (c), the Secretary shall develop a methodology 
   for establishing the amount of the copayment for which a veteran 
 described in subsection (c) is liable. That methodology shall provide 
  for (A) establishing a maximum monthly copayment (based on all 
 income and assets of the veteran and the spouse of such veteran); (B) 
   protecting the spouse of a veteran from financial hardship by not 
counting all of the income and assets of the veteran and spouse (in the 
    case of a spouse who resides in the community) as available for 
 determining the copayment obligation; and (C) allowing the veteran to 
retain a monthly personal allowance. (e)(1) There is established in the 
Treasury of the United States a revolving fund known as the Department 
  of Veterans Affairs Extended Care Fund (hereinafter in this section 
referred to as the fund). Amounts in the 
  fund shall be available, without fiscal year limitation and without 
    further appropriation, exclusively for the purpose of providing 
 extended care services under subsection (a). (2) All amounts received 
by the Department under this section shall be deposited in or credited 
 to the fund. (Added Pub. L. 106117, title I, Sec. 101(c)(1), 
  Nov. 30, 1999, 113 Stat. 1548; amended Pub. L. 10714, Sec. 
  8(a)(2), (16), June 5, 2001, 115 Stat. 34, 35; Pub. L. 107 
   103, title V, Sec. 509(b), Dec. 27, 2001, 115 Stat. 997; Pub. L. 
108422, title II, Sec. 204, Nov. 30, 2004, 118 Stat. 2382.) ' 
      1710C. Traumatic brain injury: plans for rehabilitation and 
 reintegration into the community (a) PLAN REQUIRED.The Secretary 
  shall, for each individual who is a veteran or member of the Armed 
  Forces who receives inpatient or outpatient rehabilitative hospital 
  care or medical services provided by the Department for a traumatic 
     brain injury (1) develop an individualized plan for the 
rehabilitation and reintegration of the individual into the community; 
and (2) provide such plan in writing to the individual (A) in the 
 case of an individual receiving inpatient care, before the individual 
  is discharged from inpatient care or after the individuals 
transition from serving on active duty as a member of the Armed Forces 
to receiving outpatient care provided by the Department; or (B) as soon 
  as practicable following a diagnosis of traumatic brain injury by a 
 Department health care provider. (b) CONTENTS OF PLAN.Each plan 
   developed under subsection (a) shall include, for the individual 
covered by such plan, the following: (1) Rehabilitation objectives for 
 improving the physical, cognitive, and vocational functioning of the 
      individual with the goal of maximizing the independence and 
  reintegration of such individual into the community. (2) Access, as 
    warranted, to all appropriate rehabilitative components of the 
  traumatic brain injury continuum of care, and where appropriate, to 
 long-term care services. (3) A description of specific rehabilitative 
 treatments and other services to achieve the objectives described in 
paragraph (1), which shall set forth the type, frequency, duration, and 
  location of such treatments and services. (4) The name of the case 
manager designated in accordance with subsection (d) to be responsible 
      for the implementation of such plan. (5) Dates on which the 
    effectiveness of such plan will be reviewed in accordance with 
    subsection (f). (c) COMPREHENSIVE ASSESSMENT.(1) Each plan 
   developed under subsection (a) shall be based on a comprehensive 
assessment, developed in accordance with paragraph (2), of (A) the 
  physical, cognitive, vocational, and neuropsychological and social 
impairments of the individual; and (B) the family education and family 
support needs of the individual after the individual is discharged from 
  inpatient care or at the commencement of and during the receipt of 
outpatient care and services. (2) The comprehensive assessment required 
 under paragraph (1) with respect to an individual is a comprehensive 
   assessment of the matters set forth in that paragraph by a team, 
     composed by the Secretary for purposes of the assessment, of 
individuals with expertise in traumatic brain injury, including any of 
the following: (A) A neurologist. (B) A rehabilitation physician. (C) A 
social worker. (D) A neuropsychologist. (E) A physical therapist. (F) A 
 vocational rehabilitation specialist. (G) An occupational therapist. 
 (H) A speech language pathologist. (I) A rehabilitation nurse. (J) An 
 educational therapist. (K) An audiologist. (L) A blind rehabilitation 
specialist. (M) A recreational therapist. (N) A low vision optometrist. 
   (O) An orthotist or prosthetist. (P) An assistive technologist or 
    rehabilitation engineer. (Q) An otolaryngology physician. (R) A 
    dietician. (S) An opthamologist. 2 (T) A psychiatrist. (d) CASE 
MANAGER.(1) The Secretary shall designate a case manager for each 
   individual described in subsection (a) to be responsible for the 
  implementation of the plan developed for that individual under that 
  subsection and the coordination of the individuals medical 
    care. (2) The Secretary shall ensure that each case manager has 
specific expertise in the care required by the individual for whom the 
  case manager is designated, regardless of whether the case manager 
obtains such expertise through experience, education, or training. (e) 
 PARTICIPATION AND COLLABORATION IN DEVELOPMENT OF PLANS.(1) The 
 Secretary shall involve each individual described in subsection (a), 
and the family or legal guardian of such indi2 So in original. vidual, 
     in the development of the plan for such individual under that 
 subsection to the maximum extent practicable. (2) The Secretary shall 
   collaborate in the development of a plan for an individual under 
subsection (a) with a State protection and advocacy system if (A) 
the individual covered by the plan requests such collaboration; or (B) 
 in the case of such an individual who is incapacitated, the family or 
guardian of the individual requests such collaboration. (3) In the case 
 of a plan required by subsection (a) for a member of the Armed Forces 
who is serving on active duty, the Secretary shall collaborate with the 
Secretary of Defense in the development of such plan. (4) In developing 
 vocational rehabilitation objectives required under subsection (b)(1) 
  and in conducting the assessment required under subsection (c), the 
     Secretary shall act through the Under Secretary for Health in 
coordination with the Vocational Rehabilitation and Employment Service 
    of the Department of Veterans Affairs. (f) EVALUATION. (1) 
  PERIODIC REVIEW BY SECRETARY.The Secretary shall periodically 
 review the effectiveness of each plan developed under subsection (a). 
 The Secretary shall refine each such plan as the Secretary considers 
    appropriate in light of such review. (2) REQUEST FOR REVIEW BY 
VETERANS.In addition to the periodic review required by paragraph 
(1), the Secretary shall conduct a review of the plan for an individual 
under paragraph (1) at the request of the individual, or in the case of 
 an individual who is incapacitated, at the request of the guardian or 
    designee of the individual. (g) STATE DESIGNATED PROTECTION AND 
        ADVOCACY SYSTEM DE-FINED.In this section, the term 
  State protection and advocacy system 
     means a system established in a State under subtitle C of the 
 Developmental Disabilities Assistance and Bill of Rights Act of 2000 
  (42 U.S.C. 15041 et seq.) to protect and advocate for the rights of 
persons with development disabilities. (Added Pub. L. 110181, 
  div. A, title XVII, Sec. 1702(a), Jan. 28, 2008, 122 Stat. 486.) ' 
  1710D. Traumatic brain injury: comprehensive program for long-term 
 rehabilitation (a) COMPREHENSIVE PROGRAM.In developing plans for 
  the rehabilitation and reintegration of individuals with traumatic 
  brain injury under section 1710C of this title, the Secretary shall 
  develop and carry out a comprehensive program of long-term care for 
    post-acute traumatic brain injury rehabilitation that includes 
      residential, community, and home-based components utilizing 
  interdisciplinary treatment teams. (b) LOCATION OF PROGRAM.The 
Secretary shall carry out the program developed under subsection (a) in 
  each Department polytrauma rehabilitation center designated by the 
 Secretary. (c) ELIGIBILITY.A veteran is eligible for care under 
the program developed under subsection (a) if the veteran is otherwise 
 eligible to receive hospital care and medical services under section 
 1710 of this title and (1) served on active duty in a theater of 
combat operations (as determined by the Secretary in consultation with 
the Secretary of Defense) during a period of war after the Persian Gulf 
     War, or in combat against a hostile force during a period of 
hostilities (as defined in section 1712A(a)(2)(B) of this title) after 
   November 11, 1998; (2) is diagnosed as suffering from moderate to 
  severe traumatic brain injury; and (3) is unable to manage routine 
   activities of daily living without supervision or assistance, as 
 determined by the Secretary. (d) REPORT.Not later than one year 
     after the date of the enactment of this section, and annually 
      thereafter, the Secretary shall submit to the Committees on 
       Veterans Affairs of the Senate and the House of 
 Representatives a report containing the following information: (1) A 
description of the operation of the program. (2) The number of veterans 
provided care under the program during the year preceding such report. 
 (3) The cost of operating the program during the year preceding such 
   report. (Added Pub. L. 110181, div. A, title XVII, Sec. 
   1702(a), Jan. 28, 2008, 122 Stat. 488.) ' 1710E. Traumatic brain 
    injury: use of non-Department facilities for rehabilitation (a) 
COOPERATIVE AGREEMENTS.The Secretary, in implementing and carrying 
  out a plan developed under section 1710C of this title, may provide 
hospital care and medical services through cooperative agreements with 
appropriate public or private entities that have established long-term 
   neurobehavioral rehabilitation and recovery programs. (b) COVERED 
 INDIVIDUALS.The care and services provided under subsection (a) 
 shall be made available to an individual (1) who is described in 
  section 1710C(a) of this title; and (2)(A) to whom the Secretary is 
 unable to provide such treatment or services at the frequency or for 
  the duration prescribed in such plan; or (B) for whom the Secretary 
    determines that it is optimal with respect to the recovery and 
rehabilitation for such individual. (c) AUTHORITIES OF STATE PROTECTION 
 AND ADVOCACY SYSTEMS.Nothing in subtitle C of the Developmental 
    Disabilities Assistance and Bill of Rights Act of 2000 shall be 
  construed as preventing a State protection and advocacy system (as 
    defined in section 1710C(g) of this title) from exercising the 
  authorities described in such subtitle with respect to individuals 
 provided rehabilitative treatment or services under section 1710C of 
    this title in a non-Department facility. (d) STANDARDS.The 
    Secretary may not provide treatment or services as described in 
   subsection (a) at a non-Department facility under such subsection 
  unless such facility maintains standards for the provision of such 
  treatment or services established by an independent, peer-reviewed 
  organization that accredits specialized rehabilitation programs for 
  adults with traumatic brain injury. (Added Pub. L. 110181, 
div. A, title XVII, Sec. 1703(a), Jan. 28, 2008, 122 Stat. 489; amended 
  Pub. L. 111163, title V, Sec. 509, May 5, 2010, 124 Stat. 
  1162.) ' 1711. Care during examinations and in emergencies (a) The 
 Secretary may furnish hospital care incident to physical examinations 
where such examinations are necessary in carrying out the provisions of 
   other laws administered by the Secretary. x(b) Repealed. Pub. L. 
   107135, title II, Sec. 208(d), Jan. 23, 2002, 115 Stat. 
2463. (c)(1) The Secretary may contract with any organization 
  named in, or approved by the Secretary under, section 5902 of this 
title to provide for the furnishing by the Secretary, on a reimbursable 
 basis (as prescribed by the Secretary), of emergency medical services 
to individuals attending any national convention of such organization, 
except that reimbursement shall not be required for services furnished 
under this subsection to the extent that the individual receiving such 
  services would otherwise be eligible under this chapter for medical 
 services. (2) The authority of the Secretary to enter into contracts 
 under this subsection shall be effective for any fiscal year only to 
 such extent or in such amounts as are provided in appropriation Acts. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1142, Sec. 611; Pub. 
L. 94581, title II, Sec. 202(e), 210(a)(2), Oct. 21, 1976, 90 
 Stat. 2856, 2862; Pub. L. 9622, title II, Sec. 202, June 13, 
 1979, 93 Stat. 54; Pub. L. 96128, title V, Sec. 501(a), Nov. 
    28, 1979, 93 Stat. 987; Pub. L. 10240, title IV, Sec. 
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1711 and amended 
 Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 
Stat. 404406; Pub. L. 107135, title II, Sec. 208(d), 
    Jan. 23, 2002, 115 Stat. 2463.) ' 1712. Dental care; drugs and 
  medicines for certain disabled veterans; vaccines (a)(1) Outpatient 
dental services and treatment, and related dental appliances, shall be 
      furnished under this section only for a dental condition or 
   disability (A) which is service-connected and compensable in 
degree; (B) which is service-connected, but not compensable in degree, 
  but only if (i) the dental condition or disability is shown to 
 have been in existence at the time of the veterans discharge 
   or release from active military, naval, or air service; (ii) the 
  veteran had served on active duty for a period of not less than 180 
days or, in the case of a veteran who served on active duty during the 
Persian Gulf War, 90 days immediately before such discharge or release; 
  (iii) application for treatment is made within 180 days after such 
  discharge or release, except that (I) in the case of a veteran who 
 reentered active military, naval, or air service within 90 days after 
the date of such veterans prior discharge or release from such 
service, application may be made within 180 days from the date of such 
 veterans subsequent discharge or release from such service, 
and (II) if a disqualifying discharge or release has been corrected by 
competent authority, application may be made within 180 days after the 
   date of correction; and (iv) the veterans certificate of 
  discharge or release from active duty does not bear a certification 
  that the veteran was provided, within the 90-day period immediately 
    before the date of such discharge or release, a complete dental 
   examination (including dental X-rays) and all appropriate dental 
 services and treatment indicated by the examination to be needed; (C) 
  which is a service-connected dental condition or disability due to 
combat wounds or other service trauma, or of a former prisoner of war; 
(D) which is associated with and is aggravating a disability resulting 
 from some other disease or injury which was incurred in or aggravated 
 by active military, naval, or air service; (E) which is a non-service-
connected condition or disability of a veteran for which treatment was 
begun while such veteran was receiving hospital care under this chapter 
 and such services and treatment are reasonably necessary to complete 
 such treatment; (F) from which a veteran who is a former prisoner of 
war is suffering; (G) from which a veteran who has a service-connected 
 disability rated as total is suffering; or (H) the treatment of which 
 is medically necessary (i) in preparation for hospital admission, or 
  (ii) for a veteran otherwise receiving care or services under this 
chapter. (2) The Secretary concerned shall at the time a member of the 
    Armed Forces is discharged or released from a period of active 
 military, naval, or air service of not less than 180 days or, in the 
  case of a veteran who served on active duty during the Persian Gulf 
   War, 90 days provide to such member a written explanation of the 
provisions of clause (B) of paragraph (1) of this subsection and enter 
 in the service records of the member a statement signed by the member 
acknowledging receipt of such explanation (or, if the member refuses to 
  sign such statement, a certification from an officer designated for 
 such purpose by the Secretary concerned that the member was provided 
such explanation). (3) The total amount which the Secretary may expend 
   for furnishing, during any twelve-month period, outpatient dental 
 services, treatment, or related dental appliances to a veteran under 
  this section through private facilities for which the Secretary has 
  contracted under clause (1), (2), or (5) of section 1703(a) of this 
 title may not exceed $1,000 unless the Secretary determines, prior to 
the furnishing of such services, treatment, or appliances and based on 
 an examination of the veteran by a dentist employed by the Department 
   (or, in an area where no such dentist is available, by a dentist 
conducting such examination under a contract or fee arrangement), that 
the furnishing of such services, treatment, or appliances at such cost 
is reasonably necessary. (4)(A) Except as provided in subparagraph (B) 
of this paragraph, in any year in which the Presidents Budget 
for the fiscal year beginning October 1 of such year includes an amount 
for expenditures for contract dental care under the provisions of this 
 subsection and section 1703 of this title during such fiscal year in 
excess of the level of expenditures made for such purpose during fiscal 
  year 1978, the Secretary shall, not later than February 15 of such 
  year, submit a report to the appropriate committees of the Congress 
justifying the requested level of expenditures for contract dental care 
   and explaining why the application of the criteria prescribed in 
section 1703 of this title for contracting with private facilities and 
in the second sentence of section 1710(c) of this title for furnishing 
 incidental dental care to hospitalized veterans will not preclude the 
need for expenditures for contract dental care in excess of the fiscal 
year 1978 level of expenditures for such purpose. In any case in which 
 the amount included in the Presidents Budget for any fiscal 
year for expenditures for contract dental care under such provisions is 
not in excess of the level of expenditures made for such purpose during 
    fiscal year 1978 and the Secretary determines after the date of 
 submission of such budget and before the end of such fiscal year that 
  the level of expenditures for such contract dental care during such 
fiscal year will exceed the fiscal year 1978 level of expenditures, the 
 Secretary shall submit a report to the appropriate committees of the 
Congress containing both a justification (with respect to the projected 
   level of expenditures for such fiscal year) and an explanation as 
 required in the preceding sentence in the case of a report submitted 
   pursuant to such sentence. Any report submitted pursuant to this 
paragraph shall include a comment by the Secretary on the effect of the 
   application of the criteria prescribed in the second sentence of 
section 1710(c) of this title for furnishing incidental dental care to 
  hospitalized veterans. (B) A report under subparagraph (A) of this 
  paragraph with respect to a fiscal year is not required if, in the 
 documents submitted by the Secretary to the Congress in justification 
        for the amounts included for Department programs in the 
  Presidents Budget, the Secretary specifies with respect to 
contract dental care described in such subparagraph (i) the actual 
 level of expenditures for such care in the fiscal year preceding the 
fiscal year in which such Budget is submitted; (ii) a current estimate 
of the level of expenditures for such care in the fiscal year in which 
such Budget is submitted; and (iii) the amount included in such Budget 
for such care. (b) Dental services and related appliances for a dental 
condition or disability described in paragraph (1)(B) of subsection (a) 
shall be furnished on a one-time completion basis, unless the services 
 rendered on a one-time completion basis are found unacceptable within 
  the limitations of good professional standards, in which event such 
    additional services may be afforded as are required to complete 
      professionally acceptable treatment. (c) Dental appliances, 
 wheelchairs, artificial limbs, trusses, special clothing, and similar 
 appliances to be furnished by the Secretary under this section may be 
    procured by the Secretary either by purchase or by manufacture, 
 whichever the Secretary determines may be advantageous and reasonably 
   necessary. (d) The Secretary shall furnish to each veteran who is 
receiving additional compensation or allowance under chapter 11 of this 
title, or increased pension as a veteran of a period of war, by reason 
     of being permanently housebound or in need of regular aid and 
attendance, such drugs and medicines as may be ordered on prescription 
 of a duly licensed physician as specific therapy in the treatment of 
  any illness or injury suffered by such veteran. The Secretary shall 
  continue to furnish such drugs and medicines so ordered to any such 
 veteran in need of regular aid and attendance whose pension payments 
  have been discontinued solely because such veterans annual 
income is greater than the applicable maximum annual income limitation, 
   but only so long as such veterans annual income does not 
 exceed such maximum annual income limitation by more than $1,000. (e) 
   In order to assist the Secretary of Health and Human Services in 
 carrying out national immunization programs under other provisions of 
law, the Secretary may authorize the administration of immunizations to 
    eligible veterans who voluntarily request such immunizations in 
   connection with the provision of care for a disability under this 
 chapter in any Department health care facility. Any such immunization 
 shall be made using vaccine furnished by the Secretary of Health and 
    Human Services at no cost to the Department. For such purpose, 
notwithstanding any other provision of law, the Secretary of Health and 
 Human Services may provide such vaccine to the Department at no cost. 
Section 7316 of this title shall apply to claims alleging negligence or 
malpractice on the part of Department personnel granted immunity under 
 such section. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1142, 
Sec. 612; Pub. L. 86639, Sec. 1, July 12, 1960, 74 Stat. 472; 
  Pub. L. 87377, Sec. 1, Oct. 4, 1961, 75 Stat. 806; Pub. L. 
     87583, Sec. 2, Aug. 14, 1962, 76 Stat. 381; Pub. L. 
 88430, Aug. 14, 1964, 78 Stat. 438; Pub. L. 88450, 
 Sec. 7, Aug. 19, 1964, 78 Stat. 504; Pub. L. 88664, Sec. 8, 
  Oct. 13, 1964, 78 Stat. 1096; Pub. L. 9077, title II, Sec. 
 203(b), Aug. 31, 1967, 81 Stat. 183; Pub. L. 91102, Oct. 30, 
 1969, 83 Stat. 168; Pub. L. 91500, Sec. 2, 3, Oct. 22, 1970, 
84 Stat. 1096; Pub. L. 91588, Sec. 4, 9(f), Dec. 24, 1970, 84 
Stat. 1583, 1585; Pub. L. 9382, title I, Sec. 103(a), Aug. 2, 
1973, 87 Stat. 180; Pub. L. 94581, title I, Sec. 103(a), title 
 II, Sec. 202(f), 210(a)(3), Oct. 21, 1976, 90 Stat. 2844, 2856, 2862; 
  Pub. L. 95588, title III, Sec. 302, Nov. 4, 1978, 92 Stat. 
2506; Pub. L. 9622, title I, Sec. 101, 102(b), June 13, 1979, 
93 Stat. 47; Pub. L. 96151, title II, Sec. 203, 204, Dec. 20, 
  1979, 93 Stat. 1094; Pub. L. 9735, title XX, Sec. 2002(a), 
 Aug. 13, 1981, 95 Stat. 781; Pub. L. 9737, Sec. 3(b), 5(b), 
(c), Aug. 14, 1981, 95 Stat. 936, 937; Pub. L. 9772, title I, 
 Sec. 102(b), 103(a), (b), Nov. 3, 1981, 95 Stat. 1048, 1049; Pub. L. 
  97295, Sec. 4(17), (95)(A), Oct. 12, 1982, 96 Stat. 1306, 
1313; Pub. L. 99166, title I, Sec. 104, Dec. 3, 1985, 99 Stat. 
  944; Pub. L. 99272, title XIX, Sec. 19011(b), 19012(c)(1), 
 (2), Apr. 7, 1986, 100 Stat. 375, 382; Pub. L. 99576, title 
II, Sec. 202, 231(b), 237(b)(2), title VII, Sec. 702(5), Oct. 28, 1986, 
  100 Stat. 3254, 3263, 3267, 3301; Pub. L. 100322, title I, 
Sec. 101(a)(c), (d)(2), (e)(1), (2), (f), (g)(1), (h)(1), 106, 
May 20, 1988, 102 Stat. 489492, 494; Pub. L. 101508, 
  title VIII, Sec. 8013(b), Nov. 5, 1990, 104 Stat. 1388346; 
Pub. L. 10225, title III, Sec. 334(a), (c), Apr. 6, 1991, 105 
Stat. 88, 89; renumbered Sec. 1712 and amended Pub. L. 10283, 
Sec. 4(a)(3), (4), (b)(1), (2)(E), (5), 5(a), (c)(1), Aug. 6, 1991, 105 
  Stat. 404406; Pub. L. 10286, title III, Sec. 301, 
 302, Aug. 14, 1991, 105 Stat. 416; Pub. L. 102585, title I, 
 Sec. 103, Nov. 4, 1992, 106 Stat. 4946; Pub. L. 103210, Sec. 
  1(b), Dec. 20, 1993, 107 Stat. 2496; Pub. L. 103446, title 
      XII, Sec. 1201(d)(3), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 
  103452, title I, Sec. 101(e), 103(a)(2), Nov. 2, 1994, 108 
  Stat. 4784, 4786; Pub. L. 104110, title I, Sec. 101(a)(2), 
 Feb. 13, 1996, 110 Stat. 768; Pub. L. 104262, title I, Sec. 
  101(b)(2)(c)(2)(A), Oct. 9, 1996, 110 Stat. 3179; Pub. L. 
  106419, title IV, Sec. 404(a)(3), Nov. 1, 2000, 114 Stat. 
1864; Pub. L. 108 170, title I, Sec. 101(a), Dec. 6, 2003, 117 
  Stat. 2043; Pub. L. 110181, div. A, title XVII, Sec. 1709, 
 Jan. 28, 2008, 122 Stat. 494.) ' 1712A. Eligibility for readjustment 
   counseling and related mental health services (a)(1)(A) Upon the 
 request of any veteran referred to in subparagraph (B), the Secretary 
   shall furnish counseling to the veteran to assist the veteran in 
  readjusting to civilian life. Such counseling may include a general 
mental and psychological assessment of the veteran to ascertain whether 
   such veteran has mental or psychological problems associated with 
  readjustment to civilian life. (B) Subparagraph (A) applies to the 
following veterans: (i) Any veteran who served on active duty (I) 
 in a theater of combat operations (as determined by the Secretary in 
consultation with the Secretary of Defense) during the Vietnam era; or 
 (II) after May 7, l975, in an area at a time during which hostilities 
 occurred in that area. (ii) Any veteran (other than a veteran covered 
  by clause (i)) who served on active duty during the Vietnam era who 
seeks or is furnished such counseling before January 1, 2004. (iii) Any 
   veteran who served on active duty (I) in a theater of combat 
  operations (as determined by the Secretary in consultation with the 
  Secretary of Defense) during a period of war after the Persian Gulf 
   War; or (II) in combat against a hostile force during a period of 
 hostilities (as defined in paragraph (2)(B)) after November 11, 1998. 
(2)(A) Upon the request of any veteran (other than a veteran covered by 
paragraph (1)) who served in the active military, naval, or air service 
in a theater of combat operations (as so determined) during a period of 
  war, or in any other area during a period in which hostilities (as 
 defined in subparagraph (B)) occurred in such area, the Secretary may 
furnish counseling to the veteran to assist the veteran in readjusting 
 to civilian life. (B) For the purposes of subparagraph (A), the term 
 hostilities means an armed conflict in 
     which the members of the Armed Forces are subjected to danger 
comparable to the danger to which members of the Armed Forces have been 
subjected in combat with enemy armed forces during a period of war, as 
   determined by the Secretary in consultation with the Secretary of 
     Defense. (3) Upon request of a veteran described in paragraph 
  (1)(B)(iii), the Secretary shall provide the veteran a preliminary 
general mental health assessment as soon as practicable after receiving 
 the request, but not later than 30 days after receiving the request. 
 (b)(1) If, on the basis of the assessment furnished under subsection 
   (a) of this section, a physician or psychologist employed by the 
  Department (or, in areas where no such physician or psychologist is 
available, a physician or psychologist carrying out such function under 
 a contract or fee arrangement with the Secretary) determines that the 
  provision of mental health services to such veteran is necessary to 
facilitate the successful readjustment of the veteran to civilian life, 
  such veteran shall, within the limits of Department facilities, be 
  furnished such services on an outpatient basis. For the purposes of 
furnishing such mental health services, the counseling furnished under 
    subsection (a) of this section shall be considered to have been 
 furnished by the Department as a part of hospital care. Any hospital 
 care and other medical services considered necessary on the basis of 
the assessment furnished under subsection (a) of this section shall be 
 furnished only in accordance with the eligibility criteria otherwise 
set forth in this chapter (including the eligibility criteria set forth 
 in section 1784 of this title). (2) Mental health services furnished 
    under paragraph (1) of this subsection may, if determined to be 
 essential to the effective treatment and readjustment of the veteran, 
include such consultation, counseling, training, services, and expenses 
  as are described in sections 1782 and 1783 of this title. (c) Upon 
    receipt of a request for counseling under this section from any 
 individual who has been discharged or released from active military, 
   naval, or air service but who is not otherwise eligible for such 
 counseling, the Secretary shall (1) provide referral services to 
assist such individual, to the maximum extent practicable, in obtaining 
 mental health care and services from sources outside the Department; 
         and (2) if pertinent, advise such individual of such 
   individuals rights to apply to the appropriate military, 
   naval, or air service, and to the Department, for review of such 
 individuals discharge or release from such service. (d) The 
      Under Secretary for Health may provide for such training of 
 professional, paraprofessional, and lay personnel as is necessary to 
carry out this section effectively, and, in carrying out this section, 
  may utilize the services of paraprofessionals, individuals who are 
   volunteers working without compensation, and individuals who are 
   veteran-students (as described in section 3485 of this title) in 
     initial intake and screening activities. (e)(1) In furnishing 
counseling and related mental health services under subsections (a) and 
   (b) of this section, the Secretary shall have available the same 
   authority to enter into contracts with private facilities that is 
available to the Secretary (under sections 1703(a)(2) and 1710(a)(1)(B) 
  of this title) in furnishing medical services to veterans suffering 
   from total service-connected disabilities. (2) Before furnishing 
 counseling or related mental health services described in subsections 
(a) and (b) of this section through a contract facility, as authorized 
  by this subsection, the Secretary shall approve (in accordance with 
criteria which the Secretary shall prescribe by regulation) the quality 
  and effectiveness of the program operated by such facility for the 
 purpose for which the counseling or services are to be furnished. (3) 
   The authority of the Secretary to enter into contracts under this 
 subsection shall be effective for any fiscal year only to such extent 
   or in such amounts as are provided in appropriation Acts. (f) The 
  Secretary, in cooperation with the Secretary of Defense, shall take 
 such action as the Secretary considers appropriate to notify veterans 
who may be eligible for assistance under this section of such potential 
    eligibility. (g) For the purposes of this section: (1) The term 
center means a facility which is operated 
by the Department for the provision of services under this section and 
    which (A) is situated apart from Department general health-care 
    facilities, or (B) was so situated but has been relocated to a 
         Department general health-care facility. (2) The term 
 Department general health-care facility 
 means a health-care facility which is operated by the Department for 
the furnishing of health-care services under this chapter, not limited 
    to services provided through the program established under this 
 section. (Added Pub. L. 9622, title I, Sec. 103(a)(1), June 
13, 1979, 93 Stat. 48, Sec. 612A; amended Pub. L. 96128, title 
  V, Sec. 501(b), Nov. 28, 1979, 93 Stat. 987; Pub. L. 9772, 
  title I, Sec. 104(a)(1), (b), Nov. 3, 1981, 95 Stat. 1049; Pub. L. 
98160, title I, Sec. 101, Nov. 21, 1983, 97 Stat. 993; Pub. L. 
  99166, title I, Sec. 105, 106, Dec. 3, 1985, 99 Stat. 944, 
945; Pub. L. 99272, title XIX, Sec. 19011(d)(4), 19012(c)(3), 
  Apr. 7, 1986, 100 Stat. 379, 382; Pub. L. 99576, title II, 
Sec. 204, title VII, Sec. 702(6), Oct. 28, 1986, 100 Stat. 3255, 3302; 
  Pub. L. 100322, title I, Sec. 107(a) (e), May 20, 
1988, 102 Stat. 494496; Pub. L. 100687, div. B, title 
       XV, Sec. 1501(a), Nov. 18, 1988, 102 Stat. 4132; Pub. L. 
  10225, title III, Sec. 334(d), Apr. 6, 1991, 105 Stat. 89; 
 Pub. L. 10254, Sec. 14(b)(11), June 13, 1991, 105 Stat. 283; 
renumbered Sec. 1712A and amended Pub. L. 10283, Sec. 4(a)(3), 
    (4), (b)(1), (2)(E), (6), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 102405, title III, Sec. 302(c)(1), 
 Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104262, title I, Sec. 
  101(d)(5), title III, Sec. 331, Oct. 9, 1996, 110 Stat. 3180, 3197; 
  Pub. L. 106117, title II, Sec. 205(a), Nov. 30, 1999, 113 
Stat. 1563; Pub. L. 107135, title II, Sec. 208(e)(3)(A), Jan. 
23, 2002, 115 Stat. 2463; Pub. L. 110181, div. A, title XVII, 
 Sec. 1708(b), Jan. 28, 2008, 122 Stat. 494; Pub. L. 110387, 
   title IX, Sec. 901(a)(1), Oct. 10, 2008, 122 Stat. 4142; Pub. L. 
 111163, title IV, Sec. 402, May 5, 2010, 124 Stat. 1156.) ' 
    1712B. Counseling for former prisoners of war The Secretary may 
establish a program under which, upon the request of a veteran who is a 
former prisoner of war, the Secretary, within the limits of Department 
facilities, furnishes counseling to such veteran to assist such veteran 
   in overcoming the psychological effects of the veterans 
     detention or internment as a prisoner of war. (Added Pub. L. 
99166, title I, Sec. 107(a), Dec. 3, 1985, 99 Stat. 945, Sec. 
 612B; renumbered Sec. 1712B and amended Pub. L. 10283, Sec. 
      4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406.) x' 1713. Renumbered 1781 ' 1714. Fitting and 
training in use of prosthetic appliances; guide dogs; service dogs (a) 
    Any veteran who is entitled to a prosthetic appliance shall be 
furnished such fitting and training, including institutional training, 
    in the use of such appliance as may be necessary, whether in a 
  Department facility or other training institution, or by outpatient 
treatment, including such service under contract, and including travel 
 and incidental expenses (under the terms and conditions set forth in 
 section 111 of this title) to and from such veterans home to 
 such hospital or training institution. (b) The Secretary may provide 
    guide dogs trained for the aid of the blind to veterans who are 
   enrolled under section 1705 of this title. The Secretary may also 
   provide such veterans with mechanical or electronic equipment for 
    aiding them in overcoming the disability of blindness. (c) The 
  Secretary may, in accordance with the priority specified in section 
 1705 of this title, provide (1) service dogs trained for the aid 
 of the hearing impaired to veterans who are hearing impaired and are 
enrolled under section 1705 of this title; (2) service dogs trained for 
  the aid of persons with spinal cord injury or dysfunction or other 
chronic impairment that substantially limits mobility to veterans with 
such injury, dysfunction, or impairment who are enrolled under section 
1705 of this title; and (3) service dogs trained for the aid of persons 
  with mental illnesses, including post-traumatic stress disorder, to 
  veterans with such illnesses who are enrolled under section 1705 of 
     this title. (d) In the case of a veteran provided a dog under 
  subsection (b) or (c), the Secretary may pay travel and incidental 
 expenses for that veteran under the terms and conditions set forth in 
 section 111 of this title to and from the veterans home for 
      expenses incurred in becoming adjusted to the dog. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1143, Sec. 614; Pub. L. 
 9382, title I, Sec. 103(b), Aug. 2, 1973, 87 Stat. 181; Pub. 
 L. 94581, title II, Sec. 210(a)(5), Oct. 21, 1976, 90 Stat. 
2862; Pub. L. 96151, title II, Sec. 201(c), Dec. 20, 1979, 93 
 Stat. 1093; renumbered Sec. 1714 and amended Pub. L. 10283, 
   Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
   404406; Pub. L. 107135, title II, Sec. 201(a), 
 (b)(1), Jan. 23, 2002, 115 Stat. 2456, 2457; Pub. L. 111117, 
  div. E, title II, Sec. 229, Dec. 16, 2009, 123 Stat. 3307.) ' 1715. 
Tobacco for hospitalized veterans The Secretary may furnish tobacco to 
       veterans receiving hospital or domiciliary care. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1143, Sec. 615; renumbered Sec. 
 1715 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), 
  Aug. 6, 1991, 105 Stat. 404406.) ' 1716. Hospital care by 
      other agencies of the United States When so specified in an 
   appropriation or other Act, the Secretary may make allotments and 
   transfers to the Departments of Health and Human Services (Public 
     Health Service), the Army, Navy, Air Force, or Interior, for 
       disbursement by them under the various headings of their 
   appropriations, of such amounts as are necessary for the care and 
 treatment of veterans entitled to hospitalization from the Department 
 under this chapter. The amounts to be charged the Department for care 
and treatment of veterans in hospitals shall be calculated on the basis 
  of a per diem rate approved by the Office of Management and Budget. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1143, Sec. 616; Pub. 
L. 94581, title II, Sec. 202(g), Oct. 21, 1976, 90 Stat. 2856; 
 Pub. L. 97295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; 
renumbered Sec. 1716 and amended Pub. L. 10283, Sec. 4(a)(3), 
(4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 
 1717. Home health services; invalid lifts and other devices (a)(1) As 
 part of medical services furnished to a veteran under section 1710(a) 
 of this title, the Secretary may furnish such home health services as 
 the Secretary finds to be necessary or appropriate for the effective 
     and economical treatment of the veteran. (2) Improvements and 
  structural alterations may be furnished as part of such home health 
services only as necessary to assure the continuation of treatment for 
the veterans disability or to provide access to the home or to 
     essential lavatory and sanitary facilities. The cost of such 
improvements and structural alterations (or the amount of reimbursement 
therefor) under this subsection may not exceed (A) in the case of 
 medical services furnished under section 1710(a)(1) of this title, or 
for a disability described in section 1710(a)(2)(C) of this title 
(i) in the case of a veteran who first applies for benefits under this 
paragraph before May 5, 2010, $4,100; or (ii) in the case of a veteran 
who first applies for benefits under this paragraph on or after May 5, 
 2010, $6,800; and (B) in the case of medical services furnished under 
 any other provision of section 1710(a) of this title (i) in the 
 case of a veteran who first applies for benefits under this paragraph 
before May 5, 2010, $1,200; or (ii) in the case of a veteran who first 
  applies for benefits under this paragraph on or after May 5, 2010, 
$2,000. (3) The Secretary may furnish home health services to a veteran 
in any setting in which the veteran is residing. The Secretary may not 
 furnish such services in such a manner as to relieve any other person 
   or entity of a contractual obligation to furnish services to the 
  veteran. When home health services are furnished in a setting other 
  than the veterans home, such services may not include any 
structural improvement or alteration. (b) The Secretary may furnish an 
 invalid lift, or any type of therapeutic or rehabilitative device, as 
well as other medical equipment and supplies (excluding medicines), if 
 medically indicated, to any veteran who is receiving (1) compensation 
  under section 1114(l)(p) of this title (or the comparable 
rates provided pursuant to section 1134 of this title), or (2) pension 
 under chapter 15 of this title by reason of being in need of regular 
aid and attendance. (c) The Secretary may furnish devices for assisting 
   in overcoming the handicap of deafness (including telecaptioning 
   television decoders) to any veteran who is profoundly deaf and is 
 entitled to compensation on account of hearing impairment. (d)(1) In 
  the case of a member of the Armed Forces who, as determined by the 
Secretary, has a disability permanent in nature incurred or aggravated 
in the line of duty in the active military, naval, or air service, the 
Secretary may furnish improvements and structural alterations for such 
  member for such disability or as otherwise described in subsection 
   (a)(2) while such member is hospitalized or receiving outpatient 
    medical care, services, or treatment for such disability if the 
  Secretary determines that such member is likely to be discharged or 
released from the Armed Forces for such disability. (2) The furnishing 
of improvements and alterations under paragraph (1) in connection with 
the furnishing of medical services described in subparagraph (A) or (B) 
 of subsection (a)(2) shall be subject to the limitation specified in 
  the applicable subparagraph. (Added Pub. L. 86211, Sec. 5, 
Aug. 29, 1959, 73 Stat. 435, Sec. 617; amended Pub. L. 88450, 
  Sec. 6(a), (c), Aug. 19, 1964, 78 Stat. 504; Pub. L. 9077, 
title I, Sec. 109, Aug. 31, 1967, 81 Stat. 180; Pub. L. 90493, 
 Sec. 3(a), Aug. 19, 1968, 82 Stat. 809; Pub. L. 97295, Sec. 
 4(18), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 98528, title I, 
 Sec. 107, Oct. 19, 1984, 98 Stat. 2690; Pub. L. 99576, title 
        II, Sec. 202(2), Oct. 28, 1986, 100 Stat. 3254; Pub. L. 
  100322, title I, Sec. 101(d), May 20, 1988, 102 Stat. 491; 
renumbered Sec. 1717 and amended Pub. L. 10283, Sec. 4(b)(1), 
 (2)(E), 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
 102405, title I, Sec. 101(a), Oct. 9, 1992, 106 Stat. 1973; 
  Pub. L. 104262, title I, Sec. 101(d)(6), Oct. 9, 1996, 110 
 Stat. 3180; Pub. L. 105114, title IV, Sec. 402(b), Nov. 21, 
1997, 111 Stat. 2294; Pub. L. 110 289, div. B, title VI, Sec. 
2601, July 30, 2008, 122 Stat. 2858; Pub. L. 111163, title V, 
  Sec. 516(a), May 5, 2010, 124 Stat. 1166; Pub. L. 111275, 
   title X, Sec. 1001(c)(1), Oct. 13, 2010, 124 Stat. 2896.) ' 1718. 
      Therapeutic and rehabilitative activities (a) In providing 
  rehabilitative services under this chapter, the Secretary, upon the 
recommendation of the Under Secretary for Health, may use the services 
   of patients and members in Department health care facilities for 
  therapeutic and rehabilitative purposes. Such patients and members 
shall not under these circumstances be held or considered as employees 
of the United States for any purpose. The Secretary shall prescribe the 
     conditions for the use of such services. (b)(1) In furnishing 
  rehabilitative services under this chapter, the Secretary, upon the 
  recommendation of the Under Secretary for Health, may enter into a 
 contract or other arrangement with any appropriate source (whether or 
 not an element of the Department of Veterans Affairs or of any other 
   Federal entity) to provide for therapeutic work for patients and 
 members in Department health care facilities. (2) Notwithstanding any 
 other provision of law, the Secretary may also furnish rehabilitative 
 services under this subsection through contractual arrangements with 
   nonprofit entities to provide for such therapeutic work for such 
patients. The Secretary shall establish appropriate fiscal, accounting, 
management, record-keeping, and reporting requirements with respect to 
  the activities of any such nonprofit entity in connection with such 
  contractual arrangements. (c)(1) There is hereby established in the 
Treasury of the United States a revolving fund known as the Department 
 of Veterans Affairs Special Therapeutic and Rehabilitation Activities 
         Fund (hereinafter in this section referred to as the 
   fund) for the purpose of furnishing 
   rehabilitative services authorized in subsection (b) or (d). Such 
 amounts of the fund as the Secretary may determine to be necessary to 
       establish and maintain operating accounts for the various 
    rehabilitative services activities may be deposited in checking 
     accounts in other depositaries selected or established by the 
 Secretary. (2) All funds received by the Department under contractual 
arrangements made under subsection (b) or (d), or by nonprofit entities 
 described in subsection (b)(2), shall be deposited in or credited to 
the fund, and the Secretary shall distribute out of the fund moneys to 
  participants at rates not less than the wage rates specified in the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and 
 regulations prescribed thereunder for work of similar character. (3) 
  The Under Secretary for Health shall prepare, for inclusion in the 
annual report submitted to Congress under section 529 of this title, a 
  description of the scope and achievements of activities carried out 
under this section (including pertinent data regarding productivity and 
 rates of distribution) during the prior twelve months and an estimate 
     of the needs of the program of therapeutic and rehabilitation 
activities to be carried out under this section for the ensuing fiscal 
year. (d) In providing to a veteran rehabilitative services under this 
chapter, the Secretary may furnish the veteran with the following: (1) 
 Work skills training and development services. (2) Employment support 
services. (3) Job development and placement services. (e) In providing 
 rehabilitative services under this chapter, the Secretary shall take 
appropriate action to make it possible for the patient to take maximum 
   advantage of any benefits to which such patient is entitled under 
   chapter 31, 34, or 35 of this title, and, if the patient is still 
   receiving treatment of a prolonged nature under this chapter, the 
   provision of rehabilitative services under this chapter shall be 
 continued during, and coordinated with, the pursuit of education and 
  training under such chapter 31, 34, or 35. (f) The Secretary shall 
   prescribe regulations to ensure that the priorities set forth in 
section 1705 of this title shall be applied, insofar as practicable, to 
participation in therapeutic and rehabilitation activities carried out 
 under this section. (g)(1) The Secretary may not consider any of the 
     matters stated in paragraph (2) as a basis for the denial or 
    discontinuance of a rating of total disability for purposes of 
  compensation or pension based on the veterans inability to 
  secure or follow a substantially gainful occupation as a result of 
     disability. (2) Paragraph (1) applies to the following: (A) A 
 veterans participation in an activity carried out under this 
section. (B) A veterans receipt of a distribution as a result 
 of participation in an activity carried out under this section. (C) A 
veterans participation in a program of rehabilitative services 
that (i) is provided as part of the veterans care furnished by 
   a State home and (ii) is approved by the Secretary as conforming 
   appropriately to standards for activities carried out under this 
  section. (D) A veterans receipt of payment as a result of 
    participation in a program described in subparagraph (C). (3) A 
 distribution of funds made under this section and a payment made to a 
    veteran under a program of rehabilitative services described in 
paragraph (2)(C) shall be considered for the purposes of chapter 15 of 
this title to be a donation from a public or private relief or welfare 
 organization. (Added Pub. L. 87574, Sec. 2(1), Aug. 6, 1962, 
 76 Stat. 308, Sec. 618; amended Pub. L. 94581, title I, Sec. 
  105(a), Oct. 21, 1976, 90 Stat. 2845; Pub. L. 98543, title 
 III, Sec. 303, Oct. 24, 1984, 98 Stat. 2748; Pub. L. 99576, 
      title II, Sec. 205, Oct. 28, 1986, 100 Stat. 3256; Pub. L. 
10254, Sec. 10, 14(b)(12), June 13, 1991, 105 Stat. 273, 284; 
renumbered Sec. 1718 and amended Pub. L. 10283, Sec. 2(c)(3), 
  4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
402, 404406; Pub. L. 10286, title V, Sec. 506(a)(1), 
Aug. 14, 1991, 105 Stat. 426; Pub. L. 102405, title III, Sec. 
302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102585, title 
 IV, Sec. 401, Nov. 4, 1992, 106 Stat. 4953; Pub. L. 103446, 
   title XII, Sec. 1201(i)(1), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 
104262, title I, Sec. 101(d)(7), Oct. 9, 1996, 110 Stat. 3180; 
Pub. L. 108170, title I, Sec. 104(b), Dec. 6, 2003, 117 Stat. 
 2045; Pub. L. 109444, Sec. 8(a)(1), Dec. 21, 2006, 120 Stat. 
3313; Pub. L. 109461, title X, Secs. 1004(a)(1), 1006(b), Dec. 
   22, 2006, 120 Stat. 3465, 3468.) ' 1719. Repair or replacement of 
  certain prosthetic and other appliances The Secretary may repair or 
replace any artificial limb, truss, brace, hearing aid, spectacles, or 
    similar appliance (not including dental appliances) reasonably 
necessary to a veteran and belonging to such veteran which was damaged 
or destroyed by a fall or other accident caused by a service-connected 
  disability for which such veteran is in receipt of, or but for the 
      receipt of retirement pay would be entitled to, disability 
compensation. (Added Pub. L. 87850, Sec. 1(a), Oct. 23, 1962, 
76 Stat. 1126, Sec. 619; amended Pub. L. 94581, title II, Sec. 
   210(a)(6), Oct. 21, 1976, 90 Stat. 2862; renumbered Sec. 1719 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 
 1991, 105 Stat. 404406.) ' 1720. Transfers for nursing home 
 care; adult day health care (a)(1) Subject to subsection (b) of this 
 section, the Secretary may transfer to a non-Department nursing home, 
 for care at the expense of the United States (A) a veteran 
 (i) who has been furnished care by the Secretary in a facility under 
 the direct jurisdiction of the Secretary; and (ii) who the Secretary 
 determines (I) requires a protracted period of nursing home care 
which can be furnished in the non-Department nursing home; and (II) in 
    the case of a veteran who has been furnished hospital care in a 
 facility under the direct jurisdiction of the Secretary, has received 
    maximum benefits from such care; and (B) a member of the Armed 
Forces (i) who has been furnished care in a hospital of the Armed 
   Forces; (ii) who the Secretary concerned determines has received 
  maximum benefits from such care but requires a protracted period of 
 nursing home care; and (iii) who upon discharge from the Armed Forces 
  will become a veteran. (2) The Secretary may transfer a person to a 
  nursing home under this subsection only if the Secretary determines 
 that the cost to the United States of the care of such person in the 
nursing home will not exceed (A) the amount equal to 45 percent of 
  the cost of care furnished by the Department in a general hospital 
  under the direct jurisdiction of the Secretary (as such cost may be 
 determined annually by the Secretary); or (B) the amount equal to 50 
    percent of such cost, if such higher amount is determined to be 
   necessary by the Secretary (upon the recommendation of the Under 
 Secretary for Health) to provide adequate care. (3) Nursing home care 
may not be furnished under this subsection at the expense of the United 
States for more than six months in the aggregate in connection with any 
 one transfer except (A) in the case of a veteran (i) who is 
transferred to a non-Department nursing home from a hospital under the 
 direct jurisdiction of the Secretary; and (ii) whose hospitalization 
  was primarily for a service-connected disability; (B) in a case in 
    which the nursing home care is required for a service-connected 
     disability; or (C) in a case in which, in the judgment of the 
  Secretary, a longer period of nursing home care is warranted. (4) A 
    veteran who is furnished care by the Secretary in a hospital or 
domiciliary facility in Alaska or Hawaii may be furnished nursing home 
care at the expense of the United States under this subsection even if 
     such hospital or domiciliary facility is not under the direct 
  jurisdiction of the Secretary. (b) No veteran may be transferred or 
 admitted to any institution for nursing home care under this section, 
  unless such institution is determined by the Secretary to meet such 
standards as the Secretary may prescribe. The standards prescribed and 
 any report of inspection of institutions furnishing care to veterans 
 under this section made by or for the Secretary shall, to the extent 
 possible, be made available to all Federal, State, and local agencies 
charged with the responsibility of licensing or otherwise regulating or 
  inspecting such institutions. (c)(1)(A) In furnishing nursing home 
care, adult day health care, or other extended care services under this 
 section, the Secretary may enter into agreements for furnishing such 
 care or services with (i) in the case of the medicare program, a 
 provider of services that has entered into a provider agreement under 
 section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)); and 
  (ii) in the case of the medicaid program, a provider participating 
   under a State plan under title XIX of such Act (42 U.S.C. 1396 et 
seq.). (B) In entering into an agreement under subparagraph (A) with a 
provider of services described in clause (i) of that subparagraph or a 
 provider described in clause (ii) of that subparagraph, the Secretary 
may use the procedures available for entering into provider agreements 
 under section 1866(a) of the Social Security Act. (2) In applying the 
provisions of section 6704(a) of title 41 with respect to any contract 
    entered into under this section to provide nursing home care of 
veterans, the payment of wages not less than those specified in section 
 6(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(b)) shall 
be deemed to constitute compliance with such provisions. (d)(1) Subject 
to subsection (b) of this section, the Secretary may authorize for any 
veteran requiring nursing home care for a service-connected disability 
 direct admission for such care at the expense of the United States to 
  any non-Department nursing home. The Secretary may also authorize a 
 direct admission to such a nursing home for nursing home care for any 
   veteran who has been discharged from a hospital under the direct 
 jurisdiction of the Secretary and who is currently receiving medical 
   services as part of home health services from the Department. (2) 
Direct admission authorized by paragraph (1) of this subsection may be 
authorized upon determination of need therefor (A) by a physician 
employed by the Department; or (B) in areas where no such physician is 
available, by a physician carrying out such function under contract or 
  fee arrangement, based on an examination by such physician. (3) The 
amount which may be paid for such care and the length of care available 
under this subsection shall be the same as authorized under subsection 
(a) of this section. (e)(1) The cost of intermediate care for purposes 
  of payment by the United States pursuant to subsection (a)(2)(B) of 
this section shall be determined by the Secretary except that the rate 
 of reimbursement shall be commensurately less than that provided for 
   nursing home care. (2) For the purposes of this section, the term 
   non-Department nursing home means a 
public or private institution not under the direct jurisdiction of the 
 Secretary which furnishes nursing home care. (f)(1)(A) The Secretary 
may furnish adult day health care services to a veteran enrolled under 
section 1705(a) of this title who would otherwise require nursing home 
  care. (B) The Secretary may provide in-kind assistance (through the 
 services of Department employees and the sharing of other Department 
resources) to a facility furnishing care to veterans under subparagraph 
 (A) of this paragraph. Any such in-kind assistance shall be provided 
 under a contract or agreement between the Secretary and the facility 
   concerned. The Secretary may provide such assistance only for use 
 solely in the furnishing of adult day health care and only if, under 
 such contract or agreement, the Department receives reimbursement for 
 the full cost of such assistance, including the cost of services and 
 supplies and normal depreciation and amortization of equipment. Such 
  reimbursement may be made by reduction in the charges to the United 
 States or by payment to the United States. Any funds received through 
     such reimbursement shall be credited to funds allotted to the 
Department facility that provided the assistance. (2) The Secretary may 
      conduct, at facilities over which the Secretary has direct 
 jurisdiction, programs for the furnishing of adult day health care to 
  veterans who are eligible for such care under paragraph (1) of this 
 subsection, except that necessary travel and incidental expenses (or 
 transportation in lieu thereof) may be furnished under such a program 
 only under the terms and conditions set forth in section 111 of this 
 title. The furnishing of care under any such program shall be subject 
  to the limitations that are applicable to the duration of adult day 
 health care furnished under paragraph (1) of this subsection. (g) The 
Secretary may contract with appropriate entities to provide specialized 
residential care and rehabilitation services to a veteran of Operation 
     Enduring Freedom or Operation Iraqi Freedom who the Secretary 
 determines suffers from a traumatic brain injury, has an accumulation 
 of deficits in activities of daily living and instrumental activities 
of daily living, and because of these deficits, would otherwise require 
   admission to a nursing home even though such care would generally 
      exceed the veterans nursing needs. (Added Pub. L. 
   88450, Sec. 2(a), Aug. 19, 1964, 78 Stat. 500, Sec. 620; 
 amended Pub. L. 90429, July 26, 1968, 82 Stat. 446; Pub. L. 
   90612, Sec. 1, 3, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 
  91101, Oct. 30, 1969, 83 Stat. 167; Pub. L. 9382, 
title I, Sec. 104, Aug. 2, 1973, 87 Stat. 182; Pub. L. 94581, 
title I, Sec. 106, title II, Sec. 202(h), 210(a)(7), Oct. 21, 1976, 90 
 Stat. 2847, 2856, 2863; Pub. L. 97295, Sec. 4(19), Oct. 12, 
 1982, 96 Stat. 1306; Pub. L. 98160, title I, Sec. 103(a)(1), 
(2), Nov. 21, 1983, 97 Stat. 995; Pub. L. 99166, title I, Sec. 
     108(a)(c), Dec. 3, 1985, 99 Stat. 946, 947; Pub. L. 
 99272, title XIX, Sec. 19011(d)(5), Apr. 7, 1986, 100 Stat. 
  379; Pub. L. 100322, title I, Sec. 103(b), 111(a), May 20, 
  1988, 102 Stat. 493, 499; renumbered Sec. 1720 and amended Pub. L. 
 10283, Sec. 4(a)(2)(A)(ii), (3)(5), (b)(1), (2)(E), 
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984; Pub. L. 104262, title I, Sec. 101(d)(8), Oct. 9, 1996, 
 110 Stat. 3180; Pub. L. 105114, title IV, Sec. 402(c), Nov. 
   21, 1997, 111 Stat. 2294; Pub. L. 106117, title I, Sec. 
 101(d), Nov. 30, 1999, 113 Stat. 1549; Pub. L. 108170, title 
  I, Sec. 105, Dec. 6, 2003, 117 Stat. 2045; Pub. L. 111163, 
        title V, Sec. 507, May 5, 2010, 124 Stat. 1161; Pub. L. 
111350, Sec. 5(j)(1), Jan. 4, 2011, 124 Stat. 3850.) ' 1720A. 
Treatment and rehabilitative services for persons with drug or alcohol 
  dependency (a) The Secretary, in consultation with the Secretary of 
Labor and the Director of the Office of Personnel Management, may take 
  appropriate steps to (1) urge all Federal agencies and appropriate 
   private and public firms, organizations, agencies, and persons to 
provide appropriate employment and training opportunities for veterans 
who have been provided treatment and rehabilitative services under this 
  title for alcohol or drug dependence or abuse disabilities and have 
   been determined by competent medical authority to be sufficiently 
rehabilitated to be employable, and (2) provide all possible assistance 
      to the Secretary of Labor in placing such veterans in such 
  opportunities. (b) Upon receipt of an application for treatment and 
    rehabilitative services under this title for an alcohol or drug 
    dependence or abuse disability from any individual who has been 
discharged or released from active military, naval, or air service but 
  who is not eligible for such treatment and services, the Secretary 
shall (1) provide referral services to assist such individual, to 
      the maximum extent practicable, in obtaining treatment and 
rehabilitative services from sources outside the Department; and (2) if 
 pertinent, advise such individual of such individuals rights 
  to apply to the appropriate military, naval, or air service and the 
Department for review of such individuals discharge or release 
 from such service. (c)(1) Any person serving in the active military, 
 naval, or air service who is determined by the Secretary concerned to 
     have an alcohol or drug dependence or abuse disability may be 
transferred to any facility in order for the Secretary to furnish care 
or treatment and rehabilitative services for such disability. Care and 
 services provided to a member so transferred shall be provided as if 
 such member were a veteran. Any transfer of any such member for such 
care and services shall be made pursuant to such terms as may be agreed 
   upon by the Secretary concerned and the Secretary, subject to the 
provisions of sections 1535 and 1536 of title 31. (2) No person serving 
   in the active military, naval, or air service may be transferred 
 pursuant to an agreement made under paragraph (1) of this subsection 
 unless such person requests such transfer in writing for a specified 
 period of time. No such person transferred pursuant to such a request 
  may be furnished such care and services by the Secretary beyond the 
period of time specified in such request unless such person requests in 
 writing an extension for a further specified period of time and such 
request is approved by the Secretary. (d)(1) The Secretary shall ensure 
 that each medical center of the Department develops and carries out a 
 plan to provide treatment for substance use disorders, either through 
referral or direct provision of services, to veterans who require such 
   treatment. (2) Each plan under paragraph (1) shall make available 
 clinically proven substance abuse treatment methods, including opioid 
  substitution therapy, to veterans with respect to whom a qualified 
   medical professional has determined such treatment methods to be 
 appropriate. (Added Pub. L. 9622, title I, Sec. 104(a), June 
13, 1979, 93 Stat. 50, Sec. 620A; amended Pub. L. 96128, title 
 V, Sec. 501(c), Nov. 28, 1979, 93 Stat. 987; Pub. L. 97251, 
   Sec. 6, Sept. 8, 1982, 96 Stat. 716; Pub. L. 97258, Sec. 
3(k)(1), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99108, Sec. 3, 
  Sept. 30, 1985, 99 Stat. 481; Pub. L. 99166, title I, Sec. 
       101(a), (b)(1), Dec. 3, 1985, 99 Stat. 942, 943; Pub. L. 
100687, div. B, title XV, Sec. 1509, Nov. 18, 1988, 102 Stat. 
 4137; Pub. L. 100689, title V, Sec. 502(a)(1), (b), Nov. 18, 
1988, 102 Stat. 4179; Pub. L. 10254, Sec. 14(b)(13), June 13, 
    1991, 105 Stat. 284; renumbered Sec. 1720A and amended Pub. L. 
102 83, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 
  105 Stat. 404406; Pub. L. 102 86, title III, Sec. 
 303, Aug. 14, 1991, 105 Stat. 416; Pub. L. 103452, title I, 
  Sec. 103(b), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104110, 
      title I, Sec. 101(b), Feb. 13, 1996, 110 Stat. 768; Pub. L. 
105114, title IV, Sec. 202(b), Nov. 21, 1997, 111 Stat. 2287; 
 Pub. L. 106117, title I, Sec. 114, Nov. 30, 1999, 113 Stat. 
1558; Pub. L. 106 419, title IV, Sec. 404(a)(4), Nov. 1, 2000, 
 114 Stat. 1864; Pub. L. 10795, Sec. 8(c), Dec. 21, 2001, 115 
Stat. 920.) ' 1720B. Respite care (a) The Secretary may furnish respite 
   care services to a veteran who is enrolled to receive care under 
 section 1710 of this title. (b) For the purpose of this section, the 
term respite care services means care and 
 services which (1) are of limited duration; (2) are furnished on 
  an intermittent basis to a veteran who is suffering from a chronic 
 illness and who resides primarily at home; and (3) are furnished for 
 the purpose of helping the veteran to continue residing primarily at 
home. (c) In furnishing respite care services, the Secretary may enter 
 into contract arrangements. (Added Pub. L. 99576, title II, 
Sec. 201(a)(1), Oct. 28, 1986, 100 Stat. 3254, Sec. 620B; amended Pub. 
  L. 101237, title II, Sec. 201(a), Dec. 18, 1989, 103 Stat. 
 2066; renumbered Sec. 1720B and amended Pub. L. 10283, Sec. 
  4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 102585, title V, Sec. 502, Nov. 4, 
 1992, 106 Stat. 4955; Pub. L. 106117, title I, Sec. 101(e), 
Nov. 30, 1999, 113 Stat. 1549.) ' 1720C. Noninstitutional alternatives 
      to nursing home care (a) The Secretary may furnish medical, 
    rehabilitative, and health-related services in noninstitutional 
settings for veterans who are eligible under this chapter for, and are 
 in need of, nursing home care. The Secretary shall give priority for 
 participation in such program to veterans who (1) are in receipt 
of, or are in need of, nursing home care primarily for the treatment of 
    a service-connected disability; or (2) have a service-connected 
   disability rated at 50 percent or more. (b)(1) Under the program 
 conducted pursuant to subsection (a), the Secretary shall (A) furnish 
   appropriate health-related services solely through contracts with 
appropriate public and private agencies that provide such services, and 
    (B) designate Department health-care employees to furnish case 
 management services to veteran furnished services under the program. 
   (2) For the purposes of paragraph (1), the term case 
  management services includes the coordination and 
 facilitation of all services furnished to a veteran by the Department 
  of Veterans Affairs, either directly or through contract, including 
    assessment of needs, planning, referral (including referral for 
services to be furnished by the Department, either directly or through 
  a contract, or by an entity other than the Department), monitoring, 
   reassessment, and followup. (c) The Secretary may provide in-kind 
  assistance (through the services of Department of Veterans Affairs 
employees and the sharing of other Department resources) to a facility 
 furnishing services to veterans under subsection (b)(1)(A). Any such 
   in-kind assistance shall be provided under a contract between the 
 Department and the facility concerned. The Secretary may provide such 
    assistance only for use solely in the furnishing of appropriate 
   services under this section and only if, under such contract, the 
Department receives reimbursement for the full cost of such assistance 
 (including the cost of services and supplies and normal depreciation 
   and amortization of equipment). Such reimbursement may be made by 
  reduction in the charges to the United States or by payment to the 
 United States. Any funds received through such reimbursement shall be 
credited to funds allotted to the Department facility that provided the 
    assistance. (d) The total cost of providing services or in-kind 
  assistance in the case of any veteran for any fiscal year under the 
  program may not exceed 65 percent of the cost that would have been 
 incurred by the Department during that fiscal year if the veteran had 
 been furnished, instead, nursing home care under section 1710 of this 
 title during that fiscal year. (e) The authority of the Secretary to 
  enter into contracts under this section shall be effective for any 
   fiscal year only to the extent that appropriations are available. 
  (Added Pub. L. 101366, title II, Sec. 201(a)(1), Aug. 15, 
1990, 104 Stat. 437, Sec. 620C; renumbered Sec. 1720C and amended Pub. 
L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. 
L. 103452, title I, Sec. 103(c), Nov. 2, 1994, 108 Stat. 4786; 
Pub. L. 104110, title I, Sec. 101(c), Feb. 13, 1996, 110 Stat. 
 768; Pub. L. 105 114, title II, Sec. 206(a)(b)(2), 
 Nov. 21, 1997, 111 Stat. 2289.) ' 1720D. Counseling and treatment for 
sexual trauma (a)(1) The Secretary shall operate a program under which 
the Secretary provides counseling and appropriate care and services to 
veterans who the Secretary determines require such counseling and care 
and services to overcome psychological trauma, which in the judgment of 
a mental health professional employed by the Department, resulted from 
 a physical assault of a sexual nature, battery of a sexual nature, or 
   sexual harassment which occurred while the veteran was serving on 
 active duty or active duty for training. (2) In furnishing counseling 
  to a veteran under this subsection, the Secretary may provide such 
   counseling pursuant to a contract with a qualified mental health 
  professional if (A) in the judgment of a mental health professional 
 employed by the Department, the receipt of counseling by that veteran 
in facilities of the Department would be clinically inadvisable, or (B) 
Department facilities are not capable of furnishing such counseling to 
  that veteran economically because of geographical inaccessibility. 
   (b)(1) The Secretary shall give priority to the establishment and 
 operation of the program to provide counseling and care and services 
under subsection (a). In the case of a veteran eligible for counseling 
and care and services under subsection (a), the Secretary shall ensure 
 that the veteran is furnished counseling and care and services under 
 this section in a way that is coordinated with the furnishing of such 
care and services under this chapter. (2) In establishing a program to 
 provide counseling under subsection (a), the Secretary shall (A) 
  provide for appropriate training of mental health professionals and 
such other health care personnel as the Secretary determines necessary 
  to carry out the program effectively; (B) seek to ensure that such 
     counseling is furnished in a setting that is therapeutically 
appropriate, taking into account the circumstances that resulted in the 
 need for such counseling; and (C) provide referral services to assist 
veterans who are not eligible for services under this chapter to obtain 
  those from sources outside the Department. (c) The Secretary shall 
   provide information on the counseling and treatment available to 
 veterans under this section. Efforts by the Secretary to provide such 
    information (1) shall include availability of a toll-free 
  telephone number (commonly referred to as an 800 number); (2) shall 
ensure that information about the counseling and treatment available to 
    veterans under this section (A) is revised and updated as 
 appropriate; (B) is made available and visibly posted at appropriate 
    facilities of the Department; and (C) is made available through 
    appropriate public information services; and (3) shall include 
   coordination with the Secretary of Defense seeking to ensure that 
individuals who are being separated from active military, naval, or air 
     service are provided appropriate information about programs, 
requirements, and procedures for applying for counseling and treatment 
 under this section. (d)(1) The Secretary shall carry out a program to 
   provide graduate medical education, training, certification, and 
   continuing medical education for mental health professionals who 
  provide counseling, care, and services under subsection (a). (2) In 
carrying out the program required by paragraph (1), the Secretary shall 
ensure that (A) all mental health professionals described in such 
 paragraph have been trained in a consistent manner; and (B) training 
   described in such paragraph includes principles of evidence-based 
    treatment and care for sexual trauma and post-traumatic stress 
  disorder. (e) Each year, the Secretary shall submit to Congress an 
    annual report on the counseling, care, and services provided to 
 veterans pursuant to this section. Each report shall include data for 
 the year covered by the report with respect to each of the following: 
    (1) The number of mental health professionals, graduate medical 
education trainees, and primary care providers who have been certified 
under the program required by subsection (d) and the amount and nature 
  of continuing medical education provided under such program to such 
 professionals, trainees, and providers who are so certified. (2) The 
number of women veterans who received counseling and care and services 
  under subsection (a) from professionals and providers who received 
   training under subsection (d). (3) The number of graduate medical 
 education, training, certification, and continuing medical education 
courses provided by reason of subsection (d). (4) The number of trained 
    full-time equivalent employees required in each facility of the 
 Department to meet the needs of veterans requiring treatment and care 
    for sexual trauma and post-traumatic stress disorder. (5) Such 
  recommendations for improvements in the treatment of women veterans 
with sexual trauma and post-traumatic stress disorder as the Secretary 
  considers appropriate. (6) Such other information as the Secretary 
considers appropriate. (f) In this section, the term sexual 
  harassment means repeated, unsolicited verbal or 
physical contact of a sexual nature which is threatening in character. 
(Added Pub. L. 102585, title I, Sec. 102(a)(1), Nov. 4, 1992, 
    106 Stat. 4945; amended Pub. L. 103452, title I, Sec. 
  101(a)(d), (f)(1), (2)(A), (g)(1), Nov. 2, 1994, 108 Stat. 
4783, 4784; Pub. L. 105368, title IX, Sec. 902, Nov. 11, 1998, 
        112 Stat. 3360; Pub. L. 106117, title I, Sec. 
115(a)(c), Nov. 30, 1999, 113 Stat. 1558; Pub. L. 108 
   422, title III, Sec. 301, Nov. 30, 2004, 118 Stat. 2382; Pub. L. 
 111163, title II, Sec. 202, May 5, 2010, 124 Stat. 1142.) ' 
1720E. Nasopharyngeal radium irradiation (a) The Secretary may provide 
any veteran a medical examination, and hospital care, medical services, 
and nursing home care, which the Secretary determines is needed for the 
 treatment of any cancer of the head or neck which the Secretary finds 
may be associated with the veterans receipt of nasopharyngeal 
    radium irradiation treatments in active military, naval, or air 
service. (b) The Secretary shall provide care and services to a veteran 
   under subsection (a) only on the basis of evidence in the service 
records of the veteran which document nasopharyngeal radium irradiation 
treatment in service, except that, notwithstanding the absence of such 
    documentation, the Secretary may provide such care to a veteran 
who (1) served as an aviator in the active military, naval, or air 
    service before the end of the Korean conflict; or (2) underwent 
  submarine training in active naval service before January 1, 1965. 
 (Added Pub. L. 105368, title IX, Sec. 901(a), Nov. 11, 1998, 
112 Stat. 3360.) ' 1720F. Comprehensive program for suicide prevention 
 among veterans (a) ESTABLISHMENT.The Secretary shall develop and 
 carry out a comprehensive program designed to reduce the incidence of 
 suicide among veterans incorporating the components described in this 
  section. (b) STAFF EDUCATION.In carrying out the comprehensive 
 program under this section, the Secretary shall provide for mandatory 
 training for appropriate staff and contractors (including all medical 
personnel) of the Department who interact with veterans. This training 
 shall cover information appropriate to the duties being performed by 
  such staff and contractors. The training shall include information 
on (1) recognizing risk factors for suicide; (2) proper protocols 
 for responding to crisis situations involving veterans who may be at 
 high risk for suicide; and (3) best practices for suicide prevention. 
      (c) HEALTH ASSESSMENTS OF VETERANS.In carrying out the 
 comprehensive program, the Secretary shall direct that medical staff 
 offer mental health in their overall health assessment when veterans 
seek medical care at a Department medical facility (including a center 
 established under section 1712A of this title) and make referrals, at 
  the request of the veteran concerned, to appropriate counseling and 
 treatment programs for veterans who show signs or symptoms of mental 
        health problems. (d) DESIGNATION OF SUICIDE PREVENTION 
    COUNSELORS.In carrying out the comprehensive program, the 
   Secretary shall designate a suicide prevention counselor at each 
   Department medical facility other than centers established under 
   section 1712A of this title. Each counselor shall work with local 
 emergency rooms, police departments, mental health organizations, and 
 veterans service organizations to engage in outreach to veterans and 
 improve the coordination of mental health care to veterans. (e) BEST 
PRACTICES RESEARCH.In carrying out the comprehensive program, the 
  Secretary shall provide for research on best practices for suicide 
   prevention among veterans. Research shall be conducted under this 
 subsection in consultation with the heads of the following entities: 
   (1) The Department of Health and Human Services. (2) The National 
 Institute of Mental Health. (3) The Substance Abuse and Mental Health 
   Services Administration. (4) The Centers for Disease Control and 
    Prevention. (f) SEXUAL TRAUMA RESEARCH.In carrying out the 
  comprehensive program, the Secretary shall provide for research on 
  mental health care for veterans who have experienced sexual trauma 
     while in military service. The research design shall include 
 consideration of veterans of a reserve component. (g) 24-HOUR MENTAL 
    HEALTH CARE.In carrying out the comprehensive program, the 
Secretary shall provide for mental health care availability to veterans 
on a 24-hour basis. (h) HOTLINE.In carrying out the comprehensive 
program, the Secretary may provide for a toll-free hotline for veterans 
  to be staffed by appropriately trained mental health personnel and 
  available at all times. (i) OUTREACH AND EDUCATION FOR VETERANS AND 
FAMILIES. In carrying out the comprehensive program, the Secretary 
   shall provide for outreach to and education for veterans and the 
families of veterans, with special emphasis on providing information to 
veterans of Operation Iraqi Freedom and Operation Enduring Freedom and 
the families of such veterans. Education to promote mental health shall 
 include information designed to (1) remove the stigma associated 
   with mental illness; (2) encourage veterans to seek treatment and 
   assistance for mental illness; (3) promote skills for coping with 
    mental illness; and (4) help families of veterans with (A) 
   understanding issues arising from the readjustment of veterans to 
 civilian life; (B) identifying signs and symptoms of mental illness; 
and (C) encouraging veterans to seek assistance for mental illness. (j) 
     PEER SUPPORT COUNSELING PROGRAM.(1) In carrying out the 
comprehensive program, the Secretary may establish and carry out a peer 
support counseling program, under which veterans shall be permitted to 
  volunteer as peer counselors (A) to assist other veterans with 
 issues related to mental health and readjustment; and (B) to conduct 
outreach to veterans and the families of veterans. (2) In carrying out 
    the peer support counseling program under this subsection, the 
  Secretary shall provide adequate training for peer counselors. (k) 
 OTHER COMPONENTS.In carrying out the comprehensive program, the 
  Secretary may provide for other actions to reduce the incidence of 
suicide among veterans that the Secretary considers appropriate. (Added 
Pub. L. 110110, Sec. 3(a)(1), Nov. 5, 2007, 121 Stat. 1031.) ' 
 1720G. Assistance and support services for caregivers (a) PROGRAM OF 
    COMPREHENSIVE ASSISTANCE FOR FAMILY CAREGIVERS.(1)(A) The 
  Secretary shall establish a program of comprehensive assistance for 
 family caregivers of eligible veterans. (B) The Secretary shall only 
  provide support under the program required by subparagraph (A) to a 
family caregiver of an eligible veteran if the Secretary determines it 
   is in the best interest of the eligible veteran to do so. (2) For 
  purposes of this subsection, an eligible veteran is any individual 
  who (A) is a veteran or member of the Armed Forces undergoing 
   medical discharge from the Armed Forces; (B) has a serious injury 
   (including traumatic brain injury, psychological trauma, or other 
  mental disorder) incurred or aggravated in the line of duty in the 
active military, naval, or air service on or after September 11, 2001; 
  and (C) is in need of personal care services because of (i) an 
  inability to perform one or more activities of daily living; (ii) a 
 need for supervision or protection based on symptoms or residuals of 
neurological or other impairment or injury; or (iii) such other matters 
 as the Secretary considers appropriate. (3)(A) As part of the program 
   required by paragraph (1), the Secretary shall provide to family 
 caregivers of eligible veterans the following assistance: (i) To each 
    family caregiver who is approved as a provider of personal care 
  services for an eligible veteran under paragraph (6) (I) such 
   instruction, preparation, and training as the Secretary considers 
appropriate for the family caregiver to provide personal care services 
 to the eligible veteran; (II) ongoing technical support consisting of 
information and assistance to address, in a timely manner, the routine, 
emergency, and specialized caregiving needs of the family caregiver in 
    providing personal care services to the eligible veteran; (III) 
 counseling; and (IV) lodging and subsistence under section 111(e) of 
  this title. (ii) To each family caregiver who is designated as the 
  primary provider of personal care services for an eligible veteran 
 under paragraph (7) (I) the assistance described in clause (i); 
     (II) such mental health services as the Secretary determines 
  appropriate; (III) respite care of not less than 30 days annually, 
  including 24-hour per day care of the veteran commensurate with the 
care provided by the family caregiver to permit extended respite; (IV) 
   medical care under section 1781 of this title; and (V) a monthly 
      personal caregiver stipend. (B) Respite care provided under 
 subparagraph (A)(ii)(III) shall be medically and age-appropriate and 
    include in-home care. (C)(i) The amount of the monthly personal 
   caregiver stipend provided under subparagraph (A)(ii)(V) shall be 
 determined in accordance with a schedule established by the Secretary 
 that specifies stipends based upon the amount and degree of personal 
care services provided. (ii) The Secretary shall ensure, to the extent 
 practicable, that the schedule required by clause (i) specifies that 
  the amount of the monthly personal caregiver stipend provided to a 
    primary provider of personal care services for the provision of 
  personal care services to an eligible veteran is not less than the 
   monthly amount a commercial home health care entity would pay an 
 individual in the geographic area of the eligible veteran to provide 
  equivalent personal care services to the eligible veteran. (iii) If 
personal care services are not available from a commercial home health 
entity in the geographic area of an eligible veteran, the amount of the 
monthly personal caregiver stipend payable under the schedule required 
by clause (i) with respect to the eligible veteran shall be determined 
   by taking into consideration the costs of commercial providers of 
     personal care services in providing personal care services in 
geographic areas other than the geographic area of the eligible veteran 
  with similar costs of living. (4) An eligible veteran and a family 
 member of the eligible veteran seeking to participate in the program 
  required by paragraph (1) shall jointly submit to the Secretary an 
 application therefor in such form and in such manner as the Secretary 
considers appropriate. (5) For each application submitted jointly by an 
 eligible veteran and family member, the Secretary shall evaluate 
    (A) the eligible veteran (i) to identify the personal care 
   services required by the eligible veteran; and (ii) to determine 
   whether such requirements could be significantly or substantially 
satisfied through the provision of personal care services from a family 
     member; and (B) the family member to determine the amount of 
   instruction, preparation, and training, if any, the family member 
requires to provide the personal care services required by the eligible 
   veteran (i) as a provider of personal care services for the 
  eligible veteran; and (ii) as the primary provider of personal care 
 services for the eligible veteran. (6)(A) The Secretary shall provide 
each family member of an eligible veteran who makes a joint application 
    under paragraph (4) the instruction, preparation, and training 
determined to be required by such family member under paragraph (5)(B). 
 (B) Upon the successful completion by a family member of an eligible 
 veteran of instruction, preparation, and training under subparagraph 
  (A), the Secretary shall approve the family member as a provider of 
  personal care services for the eligible veteran. (C) The Secretary 
 shall, subject to regulations the Secretary shall prescribe, provide 
  for necessary travel, lodging, and per diem expenses incurred by a 
    family member of an eligible veteran in undergoing instruction, 
     preparation, and training under subparagraph (A). (D) If the 
participation of a family member of an eligible veteran in instruction, 
 preparation, and training under subparagraph (A) would interfere with 
 the provision of personal care services to the eligible veteran, the 
    Secretary shall, subject to regulations as the Secretary shall 
prescribe and in consultation with the veteran, provide respite care to 
    the eligible veteran during the provision of such instruction, 
   preparation, and training to the family member so that the family 
 member can participate in such instruction, preparation, and training 
without interfering with the provision of such services to the eligible 
  veteran. (7)(A) For each eligible veteran with at least one family 
   member who is described by subparagraph (B), the Secretary shall 
  designate one family member of such eligible veteran as the primary 
  provider of personal care services for such eligible veteran. (B) A 
 primary provider of personal care services designated for an eligible 
  veteran under subparagraph (A) shall be selected from among family 
    members of the eligible veteran who (i) are approved under 
paragraph (6) as a provider of personal care services for the eligible 
   veteran; (ii) elect to provide the personal care services to the 
  eligible veteran that the Secretary determines the eligible veteran 
   requires under paragraph (5)(A)(i); (iii) has the consent of the 
 eligible veteran to be the primary provider of personal care services 
 for the eligible veteran; and (iv) are considered by the Secretary as 
competent to be the primary provider of personal care services for the 
   eligible veteran. (C) An eligible veteran receiving personal care 
  services from a family member designated as the primary provider of 
personal care services for the eligible veteran under subparagraph (A) 
 may, in accordance with procedures the Secretary shall establish for 
such purposes, revoke consent with respect to such family member under 
subparagraph (B)(iii). (D) If a family member designated as the primary 
   provider of personal care services for an eligible veteran under 
 subparagraph (A) subsequently fails to meet any requirement set forth 
 in subparagraph (B), the Secretary (i) shall immediately revoke 
  the family members designation under subparagraph (A); and 
 (ii) may designate, in consultation with the eligible veteran, a new 
  primary provider of personal care services for the eligible veteran 
 under such subparagraph. (E) The Secretary shall take such actions as 
 may be necessary to ensure that the revocation of a designation under 
subparagraph (A) with respect to an eligible veteran does not interfere 
 with the provision of personal care services required by the eligible 
   veteran. (8) If an eligible veteran lacks the capacity to make a 
 decision under this subsection, the Secretary may, in accordance with 
  regulations and policies of the Department regarding appointment of 
guardians or the use of powers of attorney, appoint a surrogate for the 
  eligible veteran who may make decisions and take action under this 
  subsection on behalf of the eligible veteran. (9)(A) The Secretary 
    shall monitor the well-being of each eligible veteran receiving 
personal care services under the program required by paragraph (1). (B) 
   The Secretary shall document each finding the Secretary considers 
 pertinent to the appropriate delivery of personal care services to an 
 eligible veteran under the program. (C) The Secretary shall establish 
procedures to ensure appropriate follow-up regarding findings described 
  in subparagraph (B). Such procedures may include the following: (i) 
Visiting an eligible veteran in the eligible veterans home to 
 review directly the quality of personal care services provided to the 
 eligible veteran. (ii) Taking such corrective action with respect to 
  the findings of any review of the quality of personal care services 
 provided an eligible veteran as the Secretary considers appropriate, 
 which may include (I) providing additional training to a family 
  caregiver; and (II) suspending or revoking the approval of a family 
caregiver under paragraph (6) or the designation of a family caregiver 
  under paragraph (7). (10) The Secretary shall carry out outreach to 
inform eligible veterans and family members of eligible veterans of the 
program required by paragraph (1) and the benefits of participating in 
the program. (b) PROGRAM OF GENERAL CAREGIVER SUPPORT SERVICES.(1) 
    The Secretary shall establish a program of support services for 
  caregivers of covered veterans who are enrolled in the health care 
   system established under section 1705(a) of this title (including 
 caregivers who do not reside with such veterans). (2) For purposes of 
this subsection, a covered veteran is any individual who needs personal 
 care services because of (A) an inability to perform one or more 
 activities of daily living; (B) a need for supervision or protection 
 based on symptoms or residuals of neurological or other impairment or 
   injury; or (C) such other matters as the Secretary shall specify. 
(3)(A) The support services furnished to caregivers of covered veterans 
     under the program required by paragraph (1) shall include the 
 following: (i) Services regarding the administering of personal care 
 services, which, subject to subparagraph (B), shall include (I) 
 educational sessions made available both in person and on an Internet 
 website; (II) use of telehealth and other available technologies; and 
  (III) teaching techniques, strategies, and skills for caring for a 
disabled veteran; (ii) Counseling and other services under section 1782 
  of this title. (iii) Respite care under section 1720B of this title 
  that is medically and age appropriate for the veteran (including 24-
hour per day in-home care). (iv) Information concerning the supportive 
   services available to caregivers under this subsection and other 
     public, private, and nonprofit agencies that offer support to 
    caregivers. (B) If the Secretary certifies to the Committees on 
       Veterans Affairs of the Senate and the House of 
      Representatives that funding available for a fiscal year is 
insufficient to fund the provision of services specified in one or more 
subclauses of subparagraph (A)(i), the Secretary shall not be required 
  under subparagraph (A) to provide the services so specified in the 
certification during the period beginning on the date that is 180 days 
  after the date the certification is received by the Committees and 
ending on the last day of the fiscal year. (4) In providing information 
 under paragraph (3)(A)(iv), the Secretary shall collaborate with the 
  Assistant Secretary for Aging of the Department of Health and Human 
Services in order to provide caregivers access to aging and disability 
resource centers under the Administration on Aging of the Department of 
Health and Human Services. (5) In carrying out the program required by 
 paragraph (1), the Secretary shall conduct outreach to inform covered 
  veterans and caregivers of covered veterans about the program. The 
 outreach shall include an emphasis on covered veterans and caregivers 
of covered veterans living in rural areas. (c) CONSTRUCTION.(1) A 
 decision by the Secretary under this section affecting the furnishing 
 of assistance or support shall be considered a medical determination. 
 (2) Nothing in this section shall be construed to create (A) an 
  employment relationship between the Secretary and an individual in 
    receipt of assistance or support under this section; or (B) any 
 entitlement to any assistance or support provided under this section. 
          (d) DEFINITIONS.In this section: (1) The term 
 caregiver, with respect to an eligible 
veteran under subsection (a) or a covered veteran under subsection (b), 
means an individual who provides personal care services to the veteran. 
   (2) The term family caregiver, with 
  respect to an eligible veteran under subsection (a), means a family 
        member who is a caregiver of the veteran. (3) The term 
    family member, with respect to an 
eligible veteran under subsection (a), means an individual who (A) 
is a member of the family of the veteran, including (i) a parent; 
  (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an 
  extended family member; or (B) lives with the veteran but is not a 
member of the family of the veteran. (4) The term personal 
 care services, with respect to an eligible veteran 
 under subsection (a) or a covered veteran under subsection (b), means 
 services that provide the veteran the following: (A) Assistance with 
 one or more independent activities of daily living. (B) Any other non-
institutional extended care (as such term is used in section 1701(6)(E) 
  of this title). (e) AUTHORIZATION OF APPROPRIATIONS.There are 
  authorized to be appropriated to carry out the programs required by 
subsections (a) and (b) (1) $60,000,000 for fiscal year 2010; and 
 (2) $1,542,000,000 for the period of fiscal years 2011 through 2015. 
 (Added Pub. L. 111163, title I, Sec. 101(a)(1), May 5, 2010, 
 124 Stat. 1132.) SUBCHAPTER IIIMISCELLANEOUS PROVISIONS RELATING 
 TO HOSPITAL AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS ' 
    1721. Power to make rules and regulations Rules and regulations 
 prescribed under section 501(a) of this title shall include rules and 
  regulations to promote good conduct on the part of persons who are 
  receiving hospital, nursing home, and domiciliary care and medical 
services in Department facilities. The Secretary may prescribe in rules 
 and regulations under such section limitations in connection with the 
   furnishing of such care and services during a period of national 
  emergency (other than a period of war or an emergency described in 
 section 8111A of this title). (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1143, Sec. 621; Pub. L. 94581, title II, Sec. 202(j), 
210(a)(8), Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 100322, 
title I, Sec. 133, May 20, 1988, 102 Stat. 507; Pub. L. 10240, 
 title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 
 1721 and amended Pub. L. 10283, Sec. 2(c)(1), 4(a)(3), (4), 
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402, 404406.) ' 
 1722. Determination of inability to defray necessary expenses; income 
thresholds (a) For the purposes of section 1710(a)(2)(G) of this title, 
 a veteran shall be considered to be unable to defray the expenses of 
 necessary care if (1) the veteran is eligible to receive medical 
 assistance under a State plan approved under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.); (2) the veteran is in receipt of 
pension under section 1521 of this title; or (3) the veterans 
    attributable income is not greater than the amount set forth in 
 subsection (b). (b)(1) For purposes of subsection (a)(3), the income 
 threshold for the calendar year beginning on January 1, 1990, is 
   (A) $17,240 in the case of a veteran with no dependents; and (B) 
 $20,688 in the case of a veteran with one dependent, plus $1,150 for 
  each additional dependent. (2) For a calendar year beginning after 
     December 31, 1990, the amounts in effect for purposes of this 
 subsection shall be the amounts in effect for the preceding calendar 
year as adjusted under subsection (c) of this section. (c) Effective on 
 January 1 of each year, the amounts in effect under subsection (b) of 
this section shall be increased by the percentage by which the maximum 
  rates of pension were increased under section 5312(a) of this title 
    during the preceding calendar year. (d)(1) Notwithstanding the 
 attributable income of a veteran, the Secretary may refuse to make a 
  determination described in paragraph (2) of this subsection if the 
    corpus of the estate of the veteran is such that under all the 
  circumstances it is reasonable that some part of the corpus of the 
      estate of the veteran be consumed for the veterans 
   maintenance. (2) A determination described in this paragraph is a 
determination that for purposes of subsection (a)(3) of this section a 
 veterans attributable income is not greater than the amount 
 determined under subsection (b) of this section. (3) For the purposes 
  of paragraph (1) of this subsection, the corpus of the estate of a 
 veteran shall be determined in the same manner as the manner in which 
 determinations are made of the corpus of the estates of persons under 
 section 1522 of this title. (e)(1) In order to avoid a hardship to a 
 veteran described in paragraph (2) of this subsection, the Secretary 
may deem the veteran to have an attributable income during the previous 
  year not greater than the amount determined under subsection (b) of 
  this section. (2) A veteran is described in this paragraph for the 
purposes of subsection (a) of this section if (A) the veteran has 
    an attributable income greater than the amount determined under 
subsection (b) of this section; and (B) the current projections of such 
      veterans income for the current year are that the 
veterans income for such year will be substantially below the 
   amount determined under subsection (b). (f) For purposes of this 
section: (1) The term attributable income 
 means the income of a veteran for the previous year determined in the 
same manner as the manner in which a determination is made of the total 
 amount of income by which the rate of pension for such veteran under 
   section 1521 of this title would be reduced if such veteran were 
         eligible for pension under that section. (2) The term 
   corpus of the estate of the veteran 
includes the corpus of the estates of the veterans spouse and 
     dependent children, if any. (3) The term previous 
 year means the calendar year preceding the year in 
which the veteran applies for care or services under section 1710(a) of 
this title. (g) For the purposes of section 1724(c) of this title, the 
fact that a veteran is (1) eligible to receive medical assistance 
under a State plan approved under title XIX of the Social Security Act 
   (42 U.S.C. 1396 et seq.); (2) a veteran with a service-connected 
disability; or (3) in receipt of pension under any law administered by 
    the Secretary, shall be accepted as sufficient evidence of such 
  veterans inability to defray necessary expenses. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1144, Sec. 622; Pub. L. 
     89612, Sec. 1, Sept. 30, 1966, 80 Stat. 859; Pub. L. 
     91500, Sec. 1, Oct. 22, 1970, 84 Stat. 1096; Pub. L. 
  94581, title II, Sec. 202(k), 210(a)(9), Oct. 21, 1976, 90 
 Stat. 2856, 2863; Pub. L. 96330, title IV, Sec. 401(a), Aug. 
   26, 1980, 94 Stat. 1051; Pub. L. 99272, title XIX, Sec. 
  19011(c)(1), Apr. 7, 1986, 100 Stat. 376; Pub. L. 100322, 
      title I, Sec. 102(b), May 20, 1988, 102 Stat. 493; Pub. L. 
  101508, title VIII, Sec. 8013(c), Nov. 5, 1990, 104 Stat. 
1388346; Pub. L. 10240, title IV, Sec. 402(d)(1), May 
   7, 1991, 105 Stat. 239; renumbered Sec. 1722 and amended Pub. L. 
  10283, Sec. 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 403406; Pub. L. 104262, title I, Sec. 
   101(d)(9), Oct. 9, 1996, 110 Stat. 3180.) ' 1722A. Copayment for 
   medications (a)(1) Subject to paragraph (2), the Secretary shall 
require a veteran to pay the United States $2 for each 30-day supply of 
 medication furnished such veteran under this chapter on an outpatient 
   basis for the treatment of a non-service-connected disability or 
  condition. If the amount supplied is less than a 30-day supply, the 
  amount of the charge may not be reduced. (2) The Secretary may not 
    require a veteran to pay an amount in excess of the cost to the 
Secretary for medication described in paragraph (1). (3) Paragraph (1) 
     does not apply (A) to a veteran with a service-connected 
 disability rated 50 percent or more; (B) to a veteran who is a former 
prisoner of war; or (C) to a veteran 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. (b) The 
Secretary, pursuant to regulations which the Secretary shall prescribe, 
 may (1) increase the copayment amount in effect under subsection 
     (a); and (2) establish a maximum monthly and a maximum annual 
 pharmaceutical copayment amount under subsection (a) for veterans who 
  have multiple outpatient prescriptions. (c) Amounts collected under 
 this section shall be deposited in the Department of Veterans Affairs 
 Medical Care Collections Fund. (Added Pub. L. 101508, title 
VIII, Sec. 8012(a)(1), Nov. 5, 1990, 104 Stat. 1388 345, Sec. 
622A; renumbered Sec. 1722A, Pub. L. 10283, Sec. 5(a), Aug. 6, 
  1991, 105 Stat. 406; amended Pub. L. 102139, title V, Sec. 
518(a), Oct. 28, 1991, 105 Stat. 779; Pub. L. 102229, title I, 
Dec. 12, 1991, 105 Stat. 1709; Pub. L. 102568, title VI, Sec. 
605(a), 606(a), Oct. 29, 1992, 106 Stat. 4343; Pub. L. 10366, 
    title XII, Sec. 12002(b), Aug. 10, 1993, 107 Stat. 414; Pub. L. 
 103446, title XII, Sec. 1201(e)(7), Nov. 2, 1994, 108 Stat. 
  4685; Pub. L. 10533, title VIII, Sec. 8021(b), 8023(b)(3), 
 Aug. 5, 1997, 111 Stat. 665, 667; Pub. L. 106117, title II, 
Sec. 201(a), Nov. 30, 1999, 113 Stat. 1560; Pub. L. 1087, div. 
    K, title I, Sec. 113(c), Feb. 20, 2003, 117 Stat. 482; Pub. L. 
108170, title I, Sec. 101(b), Dec. 6, 2003, 117 Stat. 2043.) ' 
 1723. Furnishing of clothing The Secretary shall not furnish clothing 
   to persons who are in Department facilities, except (1) where the 
furnishing of such clothing to indigent persons is necessary to protect 
 health or sanitation, and (2) where the Secretary furnishes veterans 
   with special clothing made necessary by the wearing of prosthetic 
appliances. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1144, Sec. 
623; Pub. L. 94581, title II, Sec. 210(a)(10), Oct. 21, 1976, 
90 Stat. 2863; renumbered Sec. 1723 and amended Pub. L. 10283, 
   Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406.) ' 1724. Hospital care, medical services, and nursing 
home care abroad (a) Except as provided in subsections (b) and (c), the 
  Secretary shall not furnish hospital or domiciliary care or medical 
 services outside any State. (b)(1) The Secretary may furnish hospital 
care and medical services outside a State to a veteran who is otherwise 
eligible to receive hospital care and medical services if the Secretary 
determines that such care and services are needed for the treatment of 
     a service-connected disability of the veteran or as part of a 
  rehabilitation program under chapter 31 of this title. (2) Care and 
 services for a service-connected disability of a veteran who is not a 
  citizen of the United States may be furnished under this subsection 
 only (A) if the veteran is in the Republic of the Philippines or 
     in Canada; or (B) if the Secretary determines, as a matter of 
   discretion and pursuant to regulations which the Secretary shall 
prescribe, that it is appropriate and feasible to furnish such care and 
  services. (c) Within the limits of those facilities of the Veterans 
  Memorial Medical Center at Manila, Republic of the Philippines, for 
 which the Secretary may contract, the Secretary may furnish necessary 
hospital care to a veteran for any non-service-connected disability if 
  such veteran is unable to defray the expenses of necessary hospital 
care. The Secretary may enter into contracts to carry out this section. 
(d) The Secretary may furnish nursing home care, on the same terms and 
 conditions set forth in section 1720(a) of this title, to any veteran 
  who has been furnished hospital care in the Philippines pursuant to 
  this section, but who requires a protracted period of nursing home 
care. (e) Within the limits of an outpatient clinic in the Republic of 
the Philippines that is under the direct jurisdiction of the Secretary, 
    the Secretary may furnish a veteran who has a service-connected 
disability with such medical services as the Secretary determines to be 
  needed. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1144, Sec. 
   624; Pub. L. 86152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 
   86624, Sec. 25(a), July 12, 1960, 74 Stat. 418; Pub. L. 
     87815, Sec. 4, Oct. 15, 1962, 76 Stat. 927; Pub. L. 
 9382, title I, Sec. 108, Aug. 2, 1973, 87 Stat. 186; Pub. L. 
 94581, title II, Secs. 202(l), 210(a)(11), Oct. 21, 1976, 90 
Stat. 2856, 2863; Pub. L. 95520, Sec. 3(a), Oct. 26, 1978, 92 
Stat. 1820; Pub. L. 9772, title I, Sec. 107(a), Nov. 3, 1981, 
 95 Stat. 1051; Pub. L. 97295, Sec. 4(20), Oct. 12, 1982, 96 
 Stat. 1306; Pub. L. 100322, title I, Sec. 105, May 20, 1988, 
102 Stat. 493; renumbered Sec. 1724 and amended Pub. L. 10283, 
     Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 106377, Sec. 1(a)(1) [title V, Sec. 
      501(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A-58.) ' 1725. 
 Reimbursement for emergency treatment (a) GENERAL AUTHORITY.(1) 
  Subject to subsections (c) and (d), the Secretary shall reimburse a 
    veteran described in subsection (b) for the reasonable value of 
emergency treatment furnished the veteran in a non-Department facility. 
 (2) In any case in which reimbursement is authorized under subsection 
 (a)(1), the Secretary, in the Secretarys discretion, may, in 
 lieu of reimbursing the veteran, make payment of the reasonable value 
of the furnished emergency treatment directly (A) to a hospital or 
other health care provider that furnished the treatment; or (B) to the 
 person or organization that paid for such treatment on behalf of the 
 veteran. (b) ELIGIBILITY.(1) A veteran referred to in subsection 
    (a)(1) is an individual who is an active Department health-care 
participant who is personally liable for emergency treatment furnished 
 the veteran in a non-Department facility. (2) A veteran is an active 
Department health-care participant if (A) the veteran is enrolled 
  in the health care system established under section 1705(a) of this 
title; and (B) the veteran received care under this chapter within the 
 24-month period preceding the furnishing of such emergency treatment. 
 (3) A veteran is personally liable for emergency treatment furnished 
  the veteran in a non-Department facility if the veteran (A) is 
  financially liable to the provider of emergency treatment for that 
 treatment; (B) has no entitlement to care or services under a health-
  plan contract (determined, in the case of a health-plan contract as 
  defined in subsection (f)(2)(B) or (f)(2)(C), without regard to any 
requirement or limitation relating to eligibility for care or services 
 from any department or agency of the United States); (C) has no other 
  contractual or legal recourse against a third party that would, in 
   whole, extinguish such liability to the provider; and (D) is not 
 eligible for reimbursement for medical care or services under section 
   1728 of this title. (c) LIMITATIONS ON REIMBURSEMENT.(1) The 
Secretary, in accordance with regulations prescribed by the Secretary, 
 shall (A) establish the maximum amount payable under subsection 
 (a); (B) delineate the circumstances under which such payments may be 
 made, to include such requirements on requesting reimbursement as the 
   Secretary shall establish; and (C) provide that in no event may a 
payment under that subsection include any amount for which the veteran 
 is not personally liable. (2) Subject to paragraph (1), the Secretary 
may provide reimbursement under this section only after the veteran or 
 the provider of emergency treatment has exhausted without success all 
  claims and remedies reasonably available to the veteran or provider 
against a third party for payment of such treatment. (3) Payment by the 
 Secretary under this section on behalf of a veteran to a provider of 
emergency treatment shall, unless rejected and refunded by the provider 
within 30 days of receipt, extinguish any liability on the part of the 
   veteran for that treatment. Neither the absence of a contract or 
agreement between the Secretary and the provider nor any provision of a 
  contract, agreement, or assignment to the contrary shall operate to 
  modify, limit, or negate the requirement in the preceding sentence. 
(4)(A) If the veteran has contractual or legal recourse against a third 
   party that would only, in part, extinguish the veterans 
 liability to the provider of the emergency treatment, and payment for 
 the treatment may be made both under subsection (a) and by the third 
  party, the amount payable for such treatment under such subsection 
  shall be the amount by which the costs for the emergency treatment 
 exceed the amount payable or paid by the third party, except that the 
 amount payable may not exceed the maximum amount payable established 
   under paragraph (1)(A). (B) In any case in which a third party is 
  financially responsible for part of the veterans emergency 
 treatment expenses, the Secretary shall be the secondary payer. (C) A 
     payment in the amount payable under subparagraph (A) shall be 
 considered payment in full and shall extinguish the veterans 
   liability to the provider. (D) The Secretary may not reimburse a 
 veteran under this section for any copayment or similar payment that 
     the veteran owes the third party or for which the veteran is 
  responsible under a health-plan contract. (d) INDEPENDENT RIGHT OF 
  RECOVERY.(1) In accordance with regulations prescribed by the 
   Secretary, the United States shall have the independent right to 
  recover any amount paid under this section when, and to the extent 
that, a third party subsequently makes a payment for the same emergency 
treatment. (2) Any amount paid by the United States to the veteran (or 
 the veterans personal representative, successor, dependents, 
 or survivors) or to any other person or organization paying for such 
treatment shall constitute a lien in favor of the United States against 
any recovery the payee subsequently receives from a third party for the 
    same treatment. (3) Any amount paid by the United States to the 
provider that furnished the veterans emergency treatment shall 
 constitute a lien against any subsequent amount the provider receives 
   from a third party for the same emergency treatment for which the 
 United States made payment. (4) The veteran (or the veterans 
  personal representative, successor, dependents, or survivors) shall 
ensure that the Secretary is promptly notified of any payment received 
from any third party for emergency treatment furnished to the veteran. 
    The veteran (or the veterans personal representative, 
  successor, dependents, or survivors) shall immediately forward all 
documents relating to such payment, cooperate with the Secretary in the 
 investigation of such payment, and assist the Secretary in enforcing 
 the United States right to recover any payment made under subsection 
   (c)(3). (e) WAIVER.The Secretary, in the Secretarys 
  discretion, may waive recovery of a payment made to a veteran under 
 this section that is otherwise required by subsection (d)(1) when the 
Secretary determines that such waiver would be in the best interest of 
    the United States, as defined by regulations prescribed by the 
 Secretary. (f) DEFINITIONS.For purposes of this section: (1) The 
 term emergency treatment means medical 
 care or services furnished, in the judgment of the Secretary (A) 
when Department or other Federal facilities are not feasibly available 
and an attempt to use them beforehand would not be reasonable; (B) when 
   such care or services are rendered in a medical emergency of such 
   nature that a prudent layperson reasonably expects that delay in 
   seeking immediate medical attention would be hazardous to life or 
    health; and (C) until (i) such time as the veteran can be 
 transferred safely to a Department facility or other Federal facility 
 and such facility is capable of accepting such transfer; or (ii) such 
 time as a Department facility or other Federal facility accepts such 
     transfer if (I) at the time the veteran could have been 
transferred safely to a Department facility or other Federal facility, 
no Department facility or other Federal facility agreed to accept such 
 transfer; and (II) the non-Department facility in which such medical 
care or services was furnished made and documented reasonable attempts 
   to transfer the veteran to a Department facility or other Federal 
            facility. (2) The term health-plan 
   contract includes any of the following: (A) An 
 insurance policy or contract, medical or hospital service agreement, 
membership or subscription contract, or similar arrangement under which 
 health services for individuals are provided or the expenses of such 
 services are paid. (B) An insurance program described in section 1811 
of the Social Security Act (42 U.S.C. 1395c) or established by section 
   1831 of that Act (42 U.S.C. 1395j). (C) A State plan for medical 
  assistance approved under title XIX of such Act (42 U.S.C. 1396 et 
  seq.). (D) A workers compensation law or plan described in 
  section 1729(a)(2)(A) of this title. (3) The term third 
   party means any of the following: (A) A Federal 
    entity. (B) A State or political subdivision of a State. (C) An 
employer or an employers insurance carrier. (D) An automobile 
    accident reparations insurance carrier. (E) A person or entity 
obligated to provide, or to pay the expenses of, health services under 
 a health-plan contract. (Added Pub. L. 106117, title I, Sec. 
111(a), Nov. 30, 1999, 113 Stat. 1553; amended Pub. L. 110387, 
     title IV, Sec. 402(a), Oct. 10, 2008, 122 Stat. 4123; Pub. L. 
  111 137, Sec. 1(a), (b), Feb. 1, 2010, 123 Stat. 3495.) ' 
 1726. Reimbursement for loss of personal effects by natural disaster 
   The Secretary shall, under regulations which the Secretary shall 
prescribe, reimburse veterans in Department hospitals and domiciliaries 
  for any loss of personal effects sustained by fire, earthquake, or 
  other natural disaster while such effects were stored in designated 
     locations in Department hospitals or domiciliaries. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1144, Sec. 627; Pub. L. 
 9382, title I, Sec. 105, Aug. 2, 1973, 87 Stat. 183; Pub. L. 
  94581, title II, Sec. 210(a)(12), Oct. 21, 1976, 90 Stat. 
  2863; renumbered Sec. 1726 and amended Pub. L. 10283, Sec. 
      4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406.) ' 1727. Persons eligible under prior law Persons who 
  have a status which would, under the laws in effect on December 31, 
 1957, entitle them to the medical services, hospital and domiciliary 
care, and other benefits, provided for in this chapter, but who do not 
   meet the service requirements contained in this chapter, shall be 
entitled to such benefits notwithstanding failure to meet such service 
 requirements. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1144, 
Sec. 627; Pub. L. 94581, title II, Sec. 202(m), Oct. 21, 1976, 
90 Stat. 2856; renumbered Sec. 1727 Pub. L. 10283, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406.) ' 1728. Reimbursement of certain medical 
    expenses (a) The Secretary shall, under such regulations as the 
Secretary prescribes, reimburse veterans eligible for hospital care or 
medical services under this chapter for the customary and usual charges 
of emergency treatment (including travel and incidental expenses under 
 the terms and conditions set forth in section 111 of this title) for 
  which such veterans have made payment, from sources other than the 
    Department, where such emergency treatment was rendered to such 
 veterans in need thereof for any of the following: (1) An adjudicated 
 service-connected disability. (2) A non-service-connected disability 
    associated with and held to be aggravating a service-connected 
disability. (3) Any disability of a veteran if the veteran has a total 
disability permanent in nature from a service-connected disability. (4) 
Any illness, injury, or dental condition of a veteran who (A) is a 
   participant in a vocational rehabilitation program (as defined in 
section 3101(9) of this title); and (B) is medically determined to have 
        been in need of care or treatment to make possible the 
   veterans entrance into a course of training, or prevent 
interruption of a course of training, or hasten the return to a course 
 of training which was interrupted because of such illness, injury, or 
dental condition. (b) In any case where reimbursement would be in order 
  under subsection (a) of this section, the Secretary may, in lieu of 
   reimbursing such veteran, make payment of the reasonable value of 
 emergency treatment directly (1) to the hospital or other health 
 facility furnishing the emergency treatment; or (2) to the person or 
organization making such expenditure on behalf of such veteran. (c) In 
             this section, the term emergency 
treatment has the meaning given such term in section 
 1725(f)(1) of this title. (Added Pub. L. 9382, title I, Sec. 
     106(a), Aug. 2, 1973, 87 Stat. 183, Sec. 628; amended Pub. L. 
 94581, title II, Sec. 202(n), 210(a)(13), Oct. 21, 1976, 90 
 Stat. 2856, 2863; Pub. L. 96151, title II, Sec. 201(d), Dec. 
   20, 1979, 93 Stat. 1093; Pub. L. 101237, title II, Sec. 
  202(a), Dec. 18, 1989, 103 Stat. 2066; Pub. L. 10254, Sec. 
   14(b)(14), June 13, 1991, 105 Stat. 284; renumbered Sec. 1728 and 
amended Pub.L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), 
       (c)(1), Aug. 6, 1991, 105 Stat. 404 406; Pub. L. 
110387, title IV, Sec. 402(b), Oct. 10, 2008, 122 Stat. 4123.) 
 ' 1729. Recovery by the United States of the cost of certain care and 
services (a)(1) Subject to the provisions of this section, in any case 
in which a veteran is furnished care or services under this chapter for 
 a non-service-connected disability described in paragraph (2) of this 
   subsection, the United States has the right to recover or collect 
  reasonable charges for such care or services (as determined by the 
 Secretary) from a third party to the extent that the veteran (or the 
provider of the care or services) would be eligible to receive payment 
for such care or services from such third party if the care or services 
had not been furnished by a department or agency of the United States. 
(2) Paragraph (1) of this subsection applies to a non-service-connected 
disability (A) that is incurred incident to the veterans 
 employment and that is covered under a workers compensation 
 law or plan that provides for payment for the cost of health care and 
services provided to the veteran by reason of the disability; (B) that 
is incurred as the result of a motor vehicle accident to which applies 
  a State law that requires the owners or operators of motor vehicles 
     registered in that State to have in force automobile accident 
reparations insurance; (C) that is incurred as the result of a crime of 
personal violence that occurred in a State, or a political subdivision 
of a State, in which a person injured as the result of such a crime is 
entitled to receive health care and services at such States or 
  subdivisions expense for personal injuries suffered as the 
 result of such crime; (D) that is incurred by a veteran (i) who 
does not have a service-connected disability; and (ii) who is entitled 
   to care (or payment of the expenses of care) under a health-plan 
   contract; or (E) for which care and services are furnished before 
  October 1, 2012, under this chapter to a veteran who (i) has a 
service-connected disability; and (ii) is entitled to care (or payment 
of the expenses of care) under a health-plan contract. (3) In the case 
of a health-plan contract that contains a requirement for payment of a 
 deductible or copayment by the veteran (A) the veterans 
 not having paid such deductible or copayment with respect to care or 
 services furnished under this chapter shall not preclude recovery or 
   collection under this section; and (B) the amount that the United 
 States may collect or recover under this section shall be reduced by 
 the appropriate deductible or copayment amount, or both. (b)(1) As to 
the right provided in subsection (a) of this section, the United States 
  shall be subrogated to any right or claim that the veteran (or the 
 veterans personal representative, successor, dependents, or 
 survivors) may have against a third party. (2)(A) In order to enforce 
   any right or claim to which the United States is subrogated under 
 paragraph (1) of this subsection, the United States may intervene or 
    join in any action or proceeding brought by the veteran (or the 
 veterans personal representative, successor, dependents, or 
 survivors) against a third party. (B) The United States may institute 
and prosecute legal proceedings against the third party if (i) an 
action or proceeding described in subparagraph (A) of this paragraph is 
not begun within 180 days after the first day on which care or services 
   for which recovery is sought are furnished to the veteran by the 
 Secretary under this chapter; (ii) the United States has sent written 
 notice by certified mail to the veteran at the veterans last-
 known address (or to the veterans personal representative or 
  successor) of the intention of the United States to institute such 
 legal proceedings; and (iii) a period of 60 days has passed following 
the mailing of such notice. (C) A proceeding under subparagraph (B) of 
this paragraph may not be brought after the end of the six-year period 
   beginning on the last day on which the care or services for which 
recovery is sought are furnished. (c)(1) The Secretary may compromise, 
   settle, or waive any claim which the United States has under this 
section. (2)(A) The Secretary, after consultation with the Comptroller 
   General of the United States, shall prescribe regulations for the 
 purpose of determining reasonable charges for care or services under 
 subsection (a)(1) of this section. Any determination of such charges 
shall be made in accordance with such regulations. (B) Such regulations 
 shall provide that the reasonable charges for care or services sought 
 to be recovered or collected from a third-party liable under a health-
     plan contract may not exceed the amount that such third party 
demonstrates to the satisfaction of the Secretary it would pay for the 
 care or services if provided by facilities (other than facilities of 
 departments or agencies of the United States) in the same geographic 
area. (C) Not later than 45 days after the date on which the Secretary 
prescribes such regulations (or any amendment to such regulations), the 
Comptroller General shall submit to the Committees on Veterans 
Affairs of the Senate and the House of Representatives the Comptroller 
   Generals comments on and recommendations regarding such 
 regulations (or amendment). (d) Any contract or agreement into which 
 the Secretary enters with a person under section 3718 of title 31 for 
  collection services to recover indebtedness owed the United States 
 under this section shall provide, with respect to such services, that 
 such person is subject to sections 5701 and 7332 of this title. (e) A 
 veteran eligible for care or services under this chapter (1) may 
not be denied such care or services by reason of this section; and (2) 
may not be required by reason of this section to make any copayment or 
  deductible payment in order to receive such care. (f) No law of any 
 State or of any political subdivision of a State, and no provision of 
 any contract or other agreement, shall operate to prevent recovery or 
 collection by the United States under this section or with respect to 
   care or services furnished under section 1784 of this title. x(g) 
Repealed. Pub. L. 10533, title VIII, Sec. 8023(b)(4), Aug. 5, 
 1997, 111 Stat. 667 (h)(1) Subject to paragraph (3) of this 
  subsection, the Secretary shall make available medical records of a 
 veteran described in paragraph (2) of this subsection for inspection 
and review by representatives of the third party concerned for the sole 
purposes of permitting the third party to verify (A) that the care 
 or services for which recovery or collection is sought were furnished 
to the veteran; and (B) that the provision of such care or services to 
 the veteran meets criteria generally applicable under the health-plan 
   contract involved. (2) A veteran described in this paragraph is a 
  veteran who is a beneficiary of a health-plan contract under which 
  recovery or collection is sought under this section from the third 
 party concerned for the cost of the care or services furnished to the 
  veteran. (3) Records shall be made available under this subsection 
under such conditions to protect the confidentiality of such records as 
the Secretary shall prescribe in regulations. (i) For purposes of this 
         section (1)(A) The term health-plan 
   contract means an insurance policy or contract, 
   medical or hospital service agreement, membership or subscription 
   contract, or similar arrangement, under which health services for 
individuals are provided or the expenses of such services are paid. (B) 
 Such term does not include (i) an insurance program described in 
     section 1811 of the Social Security Act (42 U.S.C. 1395c) or 
established by section 1831 of such Act (42 U.S.C. 1395j); (ii) a State 
 plan for medical assistance approved under title XIX of such Act (42 
U.S.C. 1396 et seq.); (iii) a workers compensation law or plan 
described in subparagraph (A) of subsection (a)(2) of this section; or 
 (iv) a program, plan, or policy under a law described in subparagraph 
              (B) or (C) of such subsection. (2) The term 
   payment includes reimbursement and 
indemnification. (3) The term third party 
  means (A) a State or political subdivision of a State; (B) an 
employer or an employers insurance carrier; (C) an automobile 
 accident reparations insurance carrier; or (D) a person obligated to 
provide, or to pay the expenses of, health services under a health-plan 
 contract. (Added Pub. L. 9772, title I, Sec. 106(a)(1), Nov. 
3, 1981, 95 Stat. 1050, Sec. 629; amended Pub. L. 99272, title 
       XIX, Sec. 19013(a), Apr. 7, 1986, 100 Stat. 382; Pub. L. 
100322, title II, Sec. 202, May 20, 1988, 102 Stat. 509; Pub. 
L. 101508, title VIII, Sec. 8011(a)(c), Nov. 5, 1990, 
  104 Stat. 1388344; Pub. L. 10240, title IV, Sec. 
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1729 and amended 
  Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
  1991, 105 Stat. 404406; Pub. L. 102568, title VI, 
Sec. 604, Oct. 29, 1992, 106 Stat. 4343; Pub. L. 10366, title 
XII, Sec. 12003, Aug. 10, 1993, 107 Stat. 414; Pub. L. 104262, 
    title I, Sec. 101(d)(10), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 
10533, title VIII, Secs. 8022, 8023(b)(4), (d), Aug. 5, 1997, 
111 Stat. 665, 667; Pub. L. 107135, title II, Secs. 208(e)(4), 
 209(b), Jan. 23, 2002, 115 Stat. 2463, 2464; Pub. L. 110161, 
  div. I, title II, Sec. 232, Dec. 26, 2007, 121 Stat. 2273; Pub. L. 
110329, div. E, title II, Sec. 225, Sept. 30, 2008, 122 Stat. 
3713; Pub. L. 110387, title VIII, Sec. 804(b), Oct. 10, 2008, 
  122 Stat. 4141; Pub. L. 111163, title V, Sec. 518, May 5, 
2010, 124 Stat. 1167.) ' 1729A. Department of Veterans Affairs Medical 
 Care Collections Fund (a) There is in the Treasury a fund to be known 
 as the Department of Veterans Affairs Medical Care Collections Fund. 
     (b) Amounts recovered or collected under any of the following 
 provisions of law shall be deposited in the fund: (1) Section 1710(f) 
 of this title. (2) Section 1710(g) of this title. (3) Section 1711 of 
 this title. (4) Section 1722A of this title. (5) Section 1725 of this 
title. (6) Section 1729 of this title. (7) Section 1784 of this title. 
  (8) Section 8165(a) of this title. (9) Section 113 of the Veterans 
Millennium Health Care and Benefits Act (Public Law 106117; 38 
 U.S.C. 8111 note). (10) Public Law 87693, popularly known as 
the Federal Medical Care Recovery Act (42 
U.S.C. 2651 et seq.), to the extent that a recovery or collection under 
  that law is based on medical care or services furnished under this 
   chapter. (c)(1) Subject to the provisions of appropriations Acts, 
amounts in the fund shall be available, without fiscal year limitation, 
  to the Secretary for the following purposes: (A) Furnishing medical 
care and services under this chapter, to be available during any fiscal 
 year for the same purposes and subject to the same limitations (other 
  than with respect to the period of availability for obligation) as 
apply to amounts appropriated from the general fund of the Treasury for 
 that fiscal year for medical care. (B) Expenses of the Department for 
 the identification, billing, auditing, and collection of amounts owed 
  the United States by reason of medical care and services furnished 
 under this chapter. (2) Amounts available under paragraph (1) may not 
be used for any purpose other than a purpose set forth in subparagraph 
  (A) or (B) of that paragraph. (d) Of the total amount recovered or 
 collected by the Department during a fiscal year under the provisions 
of law referred to in subsection (b) and made available from the fund, 
   the Secretary shall make available to each Department health care 
 facility of the Department an amount that bears the same ratio to the 
total amount so made available as the amount recovered or collected by 
  such facility during that fiscal year under such provisions of law 
 bears to such total amount recovered or collected during that fiscal 
year. The Secretary shall make available to each facility the entirety 
 of the amount specified to be made available to such facility by the 
   preceding sentence. (e) Amounts recovered or collected under the 
 provisions of law referred to in subsection (b) shall be treated for 
    the purposes of sections 251 and 252 of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901, 902) as offsets to 
    discretionary appropriations (rather than as offsets to direct 
   spending) to the extent that such amounts are made available for 
   expenditure in appropriations Acts for the purposes specified in 
    subsection (c). (Added Pub. L. 10533, title VIII, Sec. 
8023(a), Aug. 5, 1997, 111 Stat. 665; Pub. L. 106117, title I, 
  Sec. 111(b)(1), title II, Sec. 203, Nov. 30, 1999, 113 Stat. 1556, 
1561; Pub. L. 107135, title II, Sec. 208(e)(5), Jan. 23, 2002, 
 115 Stat. 2463; Pub. L. 1087, div. K, title I, Sec. 113(b), 
Feb. 20, 2003, 117 Stat. 482; Pub. L. 108183, title VII, Sec. 
   708(a)(2), Dec. 16, 2003, 117 Stat. 2673.) ' 1729B. Consolidated 
  patient accounting centers (a) IN GENERAL.Not later than five 
years after the date of the enactment of this section, the Secretary of 
   Veterans Affairs shall establish not more than seven consolidated 
patient accounting centers for conducting industry-modeled regionalized 
       billing and collection activities of the Department. (b) 
FUNCTIONS.The centers shall carry out the following functions: (1) 
Reengineer and integrate all business processes of the revenue cycle of 
 the Department. (2) Standardize and coordinate all activities of the 
 Department related to the revenue cycle for all health care services 
furnished to veterans for non-service-connected medical conditions. (3) 
Apply commercial industry standards for measures of access, timeliness, 
  and performance metrics with respect to revenue enhancement of the 
 Department. (4) Apply other requirements with respect to such revenue 
    cycle improvement as the Secretary may specify. (Added Pub. L. 
110387, title IV, Sec. 406(a), Oct. 10, 2008, 122 Stat. 4129. 
  ' 1730. Community residential care (a) Subject to this section and 
 regulations to be prescribed by the Secretary under this section, the 
Secretary may assist a veteran by referring such veteran for placement 
  in, and aiding such veteran in obtaining placement in, a community 
  residential-care facility if (1) at the time of initiating the 
  assistance the Secretary (A) is furnishing the veteran medical 
 services on an outpatient basis or hospital, domiciliary, or nursing 
   home care; or (B) has furnished the veteran such care or services 
 within the preceding 12 months; and (2) placement of the veteran in a 
    community residential-care facility is appropriate. (b)(1) The 
   Secretary may not provide assistance under subsection (a) of this 
 section with respect to a community residential-care facility unless 
  such facility is approved by the Secretary for the purposes of this 
  section. (2) The Secretarys approval of a facility for the 
 purposes of this section shall be based upon the Secretarys 
  determination, after inspection of the facility, that the facility 
 meets the standards established in regulations prescribed under this 
  section. Such standards shall include the following: (A) Health and 
safety criteria, including a requirement of compliance with applicable 
 State laws and local ordinances relating to health and safety. (B) A 
     requirement that the costs charged for care by a facility be 
  reasonable, as determined by the Secretary, giving consideration to 
such factors as (i) the level of care, supervision, and other services 
 to be provided, (ii) the cost of goods and services in the geographic 
  area in which the facility is located, and (iii) comparability with 
other facilities in such area providing similar services. (C) Criteria 
for determining the resources that a facility needs in order to provide 
 an appropriate level of services to veterans. (D) Such other criteria 
 as the Secretary determines are appropriate to protect the welfare of 
 veterans placed in a facility under this section. (3) Payment of the 
   charges of a community residential-care facility for any care or 
 service provided to a veteran whom the Secretary has referred to that 
  facility under this section is not the responsibility of the United 
  States or of the Department. (c)(1) In order to determine continued 
  compliance by community residential-care facilities that have been 
   approved under subsection (b) of this section with the standards 
established in regulations prescribed under this section, the Secretary 
 shall provide for periodic inspection of such facilities. (2) If the 
  Secretary determines that a facility is not in compliance with such 
  standards, the Secretary (in accordance with regulations prescribed 
  under this section) (A) shall cease to refer veterans to such 
   facility; and (B) may, with the permission of the veteran (or the 
person or entity authorized by law to give permission on behalf of the 
veteran), assist in removing a veteran from such facility. Regulations 
  prescribed to carry out this paragraph shall provide for reasonable 
  notice and, upon request made on behalf of the facility, a hearing 
   before any action authorized by this paragraph is taken. (d) The 
 Secretary shall prescribe regulations to carry out this section. Such 
 regulations shall include the standards required by subsection (b) of 
 this section. (e)(1) To the extent possible, the Secretary shall make 
available each report of an inspection of a community residential-care 
  facility under subsection (b)(2) or (c)(1) of this section to each 
  Federal, State, and local agency charged with the responsibility of 
licensing or otherwise regulating or inspecting such facility. (2) The 
  Secretary shall make the standards prescribed in regulations under 
  subsection (d) of this section available to all Federal, State, and 
    local agencies charged with the responsibility of licensing or 
     otherwise regulating or inspecting community residential-care 
       facilities. (f) For the purpose of this section, the term 
community residential-care facility means 
a facility that provides room and board and such limited personal care 
   for and supervision of residents as the Secretary determines, in 
    accordance with regulations prescribed under this section, are 
necessary for the health, safety, and welfare of residents. (Added Pub. 
 L. 98160, title I, Sec. 104(a), Nov. 21, 1983, 97 Stat. 996, 
  Sec. 630; amended Pub. L. 10254, Sec. 14(b)(15), June 13, 
     1991, 105 Stat. 284; renumbered Sec. 1730 and amended Pub. L. 
10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 
   105 Stat. 404406.) ' 1730A. Prohibition on collection of 
  copayments from catastrophically disabled veterans Notwithstanding 
 subsections (f) and (g) of section 1710 and section 1722A(a) of this 
 title or any other provision of law, the Secretary may not require a 
veteran who is catastrophically disabled, as defined by the Secretary, 
   to make any copayment for the receipt of hospital care or medical 
 services under the laws administered by the Secretary. (Added Pub. L. 
 111163, title V, Sec. 511(a), May 5, 2010, 124 Stat. 1164.) 
 SUBCHAPTER IVHOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN 
 THE REPUBLIC OF THE PHILIPPINES ' 1731. Assistance to the Republic of 
 the Philippines The President is authorized to assist the Republic of 
 the Philippines in fulfilling its responsibility in providing medical 
 care and treatment for Commonwealth Army veterans and new Philippine 
    Scouts in need of such care and treatment for service-connected 
   disabilities and non-service-connected disabilities under certain 
conditions. (Added Pub. L. 9382, title I, Sec. 107(a), Aug. 2, 
 1973, 87 Stat. 184, Sec. 631; amended Pub. L. 9772, title I, 
Sec. 107(b), Nov. 3, 1981, 95 Stat. 1052; renumbered Sec. 1731, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1732. 
 Contracts and grants to provide for the care and treatment of United 
    States veterans by the Veterans Memorial Medical Center (a) The 
President, with the concurrence of the Republic of the Philippines, may 
   authorize the Secretary to enter into contracts with the Veterans 
     Memorial Medical Center, with the approval of the appropriate 
   department of the Government of the Republic of the Philippines, 
    covering the period beginning on October 1, 1981, and ending on 
September 30, 1994, under which the United States (1) will provide 
for payments for hospital care and medical services (including nursing 
 home care) in the Veterans Memorial Medical Center, as authorized by 
section 1724 of this title and on the terms and conditions set forth in 
such section, to eligible United States veterans at a per diem rate to 
be jointly determined for each fiscal year by the two Governments to be 
    fair and reasonable; and (2) may provide that payments for such 
 hospital care and medical services provided to eligible United States 
   veterans may consist in whole or in part of available medicines, 
   medical supplies, and equipment furnished by the Secretary to the 
 Veterans Memorial Medical Center at valuations therefor as determined 
by the Secretary, who may furnish such medicines, medical supplies, and 
equipment through the revolving supply fund pursuant to section 8121 of 
 this title. (b)(1) To further assure the effective care and treatment 
  of United States veterans in the Veterans Memorial Medical Center, 
there is authorized to be appropriated for each fiscal year during the 
period beginning on October 1, 1981, and ending on September 30, 1990, 
the sum of $1,000,000 to be used by the Secretary for making grants to 
 the Veterans Memorial Medical Center for the purpose of assisting the 
    Republic of the Philippines in the replacement and upgrading of 
 equipment and in rehabilitating the physical plant and facilities of 
  such center. (2) Grants under this subsection shall be made on such 
  terms and conditions as prescribed by the Secretary. Such terms and 
conditions may include a requirement of prior approval by the Secretary 
 of the uses of the funds provided by such grants. (3) Funds for such 
grants may be provided only from appropriations made to the Department 
 for the specific purpose of making such grants. (c) The Secretary may 
    stop payments under a contract or grant under this section upon 
    reasonable notice as stipulated by the contract or grant if the 
Republic of the Philippines and the Veterans Memorial Medical Center do 
   not maintain the medical center in a well-equipped and effective 
    operating condition as determined by the Secretary. (d)(1) The 
 authority of the Secretary to enter into contracts and to make grants 
under this section is effective for any fiscal year only to the extent 
that appropriations are available for that purpose. (2) Appropriations 
   made for the purpose of this section shall remain available until 
 expended. (Added Pub. L. 9382, title I, Sec. 107(a), Aug. 2, 
1973, 87 Stat. 184, Sec. 632; amended Pub. L. 94581, title II, 
Sec. 210(a)(14), Oct. 21, 1976, 90 Stat. 2863; Pub. L. 95520, 
 Sec. 3(b), Oct. 26, 1978, 92 Stat. 1820; Pub. L. 9772, title 
I, Sec. 107(c)(1), Nov. 3, 1981, 95 Stat. 1052; Pub. L. 99576, 
   title II, Sec. 206(a)(1), Oct. 28, 1986, 100 Stat. 3256; Pub. L. 
 100687, div. B, title XV, Sec. 1502(a), (b), Nov. 18, 1988, 
 102 Stat. 4132; Pub. L. 10240, title IV, Sec. 402(d)(1), May 
   7, 1991, 105 Stat. 239; renumbered Sec. 1732 and amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 404406; Pub. L. 10286, title III, 
  Sec. 304(a), Aug. 14, 1991, 105 Stat. 416; Pub. L. 102585, 
 title V, Sec. 503, Nov. 4, 1992, 106 Stat. 4955.) ' 1733. Supervision 
of program by the President The President, or any officer of the United 
States to whom the President may delegate authority under this section, 
 may from time to time prescribe such rules and regulations and impose 
such conditions on the receipt of financial aid as may be necessary to 
 carry out this subchapter. (Pub. L. 85857, Sept. 2, 1958, 72 
     Stat. 1146, Sec. 633; Pub. L. 94581, title II, Sec. 
210(a)(15), Oct. 21, 1976, 90 Stat. 2863; renumbered Sec. 1733, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1734. 
   Hospital and nursing home care and medical services in the United 
 States (a) The Secretary shall furnish hospital and nursing home care 
 and medical services to any individual described in subsection (b) in 
the same manner, and subject to the same terms and conditions, as apply 
  to the furnishing of such care and services to individuals who are 
veterans as defined in section 101(2) of this title. Any disability of 
 an individual described in subsection (b) that is a service-connected 
   disability for purposes of this subchapter (as provided for under 
  section 1735(2) of this title) shall be considered to be a service-
connected disability for purposes of furnishing care and services under 
 the preceding sentence. (b) Subsection (a) applies to any individual 
who is a Commonwealth Army veteran or new Philippine Scout and who 
   (1) is residing in the United States; and (2) is a citizen of the 
 United States or an alien lawfully admitted to the United States for 
   permanent residence. (Added Pub. L. 9622, title I, Sec. 
106(a), June 13, 1979, 93 Stat. 53, Sec. 634; renumbered Sec. 1734 and 
  amended Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 
5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 106377, 
  Sec. 1(a)(1) [title V, Sec. 501(b)], Oct. 27, 2000, 114 Stat. 1441, 
1441A-57; Pub. L. 108170, title I, Sec. 103, Dec. 6, 2003, 117 
       Stat. 2044.) ' 1735. Definitions For the purposes of this 
      subchapter (1) The term Commonwealth Army 
  veterans means persons who served before July 1, 
    1946, in the organized military forces of the Government of the 
Philippines, while such forces were in the service of the Armed Forces 
 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, and who were discharged or 
 released from such service under conditions other than dishonorable. 
  The term new Philippine Scouts means 
  persons who served in the Philippine Scouts under section 14 of the 
Armed Forces Voluntary Recruitment Act of 1945, and who were discharged 
or released from such service under conditions other than dishonorable. 
              (2) The term service-connected 
  disabilities means disabilities determined by the 
    Secretary under laws administered by the Secretary to have been 
incurred in or aggravated by the service described in paragraph (1) in 
 line of duty. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1146, 
Sec. 634; Pub. L. 89612, Sec. 3, Sept. 30, 1966, 80 Stat. 861; 
renumbered Sec. 635, Pub. L. 9622, title I, Sec. 106(a), June 
    13, 1979, 93 Stat. 53; renumbered Sec. 1735 and amended Pub. L. 
 10283, Sec. 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 
  Stat. 403406.) SUBCHAPTER VPAYMENTS TO STATE HOMES ' 
1741. Criteria for payment (a)(1) Except as provided in section 1745 of 
  this title, the Secretary shall pay each State at the per diem rate 
of (A) $8.70 for domiciliary care; and (B) $20.35 for nursing home 
care and hospital care, for each veteran receiving such care in a State 
    home, if such veteran is eligible for such care in a Department 
   facility. (2) The Secretary may pay each State per diem at a rate 
 determined by the Secretary for each veteran receiving extended care 
  services described in any of paragraphs (4) through (6) of section 
1710B(a) of this title under a program administered by a State home, if 
 such veteran is eligible for such care under laws administered by the 
 Secretary. (b) In no case shall the payments made with respect to any 
     veteran under this section exceed one-half of the cost of the 
 veterans care in such State home. (c) Whenever the Secretary 
 makes a determination pursuant to section 1720(a)(2)(A) of this title 
that the cost of care furnished by the Department in a general hospital 
   under the direct jurisdiction of the Secretary has increased, the 
       Secretary may, effective no earlier than the date of such 
  determination, increase the rates paid under subsection (a) of this 
 section by a percentage not greater than the percentage by which the 
  Secretary has determined that such cost of care has increased. (d) 
Subject to section 1743 of this title, the payment of per diem for care 
 furnished in a State home facility shall commence on the date of the 
  completion of the inspection for recognition of the facility under 
section 1742(a) of this title if the Secretary determines, as a result 
 of that inspection, that the State home meets the standards described 
in such section. (e) Payments to States pursuant to this section shall 
not be considered a liability of a third party, or otherwise be used to 
  offset or reduce any other payment made to assist veterans. (f) Any 
State home that requests payment or reimbursement for services provided 
  to a veteran under this section shall provide to the Secretary such 
   information as the Secretary considers necessary to identify each 
 individual veteran eligible for payment under such section. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1146, Sec. 641; Pub. L. 
 86625, July 12, 1960, 74 Stat. 424; Pub. L. 87819, 
  Sec. 1, Oct. 15, 1962, 76 Stat. 935; Pub. L. 88 450, Sec. 
3(a), Aug. 19, 1964, 78 Stat. 500; Pub. L. 90432, Sec. 1, July 
26, 1968, 82 Stat. 448; Pub. L. 91178, Sec. 1, Dec. 30, 1969, 
  83 Stat. 836; Pub. L. 9382, title IV, Sec. 403(a), Aug. 2, 
1973, 87 Stat. 196; Pub. L. 94417, Sec. 1(a), Sept. 21, 1976, 
90 Stat. 1277; Pub. L. 94581, title II, Sec. 202(o), Oct. 21, 
 1976, 90 Stat. 2856; Pub. L. 96151, title I, Sec. 101(b)(1), 
  Dec. 20, 1979, 93 Stat. 1092; Pub. L. 98160, title I, Sec. 
105(a), Nov. 21, 1983, 97 Stat. 998; Pub. L. 100322, title I, 
  Sec. 134(a), May 20, 1988, 102 Stat. 507; renumbered Sec. 1741 and 
  amended Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404 406; Pub. L. 
102585, title IV, Sec. 406, Nov. 4, 1992, 106 Stat. 4954; Pub. 
  L. 104 66, title I, Sec. 1141(a), Dec. 21, 1995, 109 Stat. 
726; Pub. L. 104262, title III, Sec.342(a), Oct. 9, 1996, 110 
  Stat. 3206; Pub. L. 106117, title I, Sec. 101(g), Nov. 30, 
1999, 113 Stat. 1550; Pub. L. 108422, title II, Sec. 202, Nov. 
   30, 2004, 118 Stat. 2382; Pub. L. 109461, title II, Sec. 
  211(a)(3)(A), (b)(2), Dec. 22, 2006, 120 Stat. 3419, 3420.) ' 1742. 
   Inspections of such homes; restrictions on beneficiaries (a) The 
  Secretary may inspect any State home at such times as the Secretary 
deems necessary. No payment or grant may be made to any home under this 
subchapter unless such home is determined by the Secretary to meet such 
   standards as the Secretary shall prescribe, which standards with 
  respect to nursing home care shall be no less stringent than those 
prescribed pursuant to section 1720(b) of this title. (b) The Secretary 
may ascertain the number of persons on account of whom payments may be 
made under this subchapter on account of any State home, but shall have 
no authority over the management or control of any State home. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1146, Sec. 642; Pub. L. 
 94581, title I, Sec. 107(a), title II, Sec. 210(a)(16), Oct. 
21, 1976, 90 Stat. 2847, 2863; renumbered Sec. 1742 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 404406.) ' 1743. Applications Payments on account of any 
 veteran cared for in a State home shall be made under this subchapter 
 only from the date the Secretary receives a request for determination 
  of such veterans eligibility; however, if such request is 
 received by the Secretary within ten days after care of such veteran 
begins, payments shall be made on account of such veteran from the date 
care began. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1147, Sec. 
   643; Pub. L. 97251, Sec. 7, Sept. 8, 1982, 96 Stat. 716; 
renumbered Sec. 1743 and amended Pub. L. 10283, Sec. 4(b)(1), 
(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1744. Hiring 
    and retention of nurses: payments to assist States (a) PAYMENT 
  PROGRAM.The Secretary shall make payments to States under this 
  section for the purpose of assisting State homes in the hiring and 
  retention of nurses and the reduction of nursing shortages at State 
 homes. (b) ELIGIBLE RECIPIENTS.Payments to a State for a fiscal 
year under this section shall, subject to submission of an application, 
be made to any State that during that fiscal year (1) receives per 
 diem payments under this subchapter for that fiscal year; and (2) has 
 in effect an employee incentive scholarship program or other employee 
 incentive program at a State home designed to promote the hiring and 
  retention of nursing staff and to reduce nursing shortages at that 
home. (c) USE OF FUNDS RECEIVED.A State may use an amount received 
  under this section only to provide funds for a program described in 
    subsection (b)(2). Any program shall meet such criteria as the 
 Secretary may prescribe. In prescribing such criteria, the Secretary 
shall take into consideration the need for flexibility and innovation. 
  (d) LIMITATIONS ON AMOUNT OF PAYMENT.(1) A payment under this 
 section may not be used to provide more than 50 percent of the costs 
   for a fiscal year of the employee incentive scholarship or other 
   employee incentive program for which the payment is made. (2) The 
amount of the payment to a State under this section for any fiscal year 
   is, for each State home in that State with a program described in 
   subsection (b)(2), the amount equal to 2 percent of the amount of 
payments estimated to be made to that State, for that State home, under 
         section 1741 of this title for that fiscal year. (e) 
APPLICATIONS.A payment under this section for any fiscal year with 
 respect to any State home may only be made based upon an application 
 submitted by the State seeking the payment with respect to that State 
 home. Any such application shall describe the nursing shortage at the 
  State home and the employee incentive scholarship program or other 
 employee incentive program described in subsection (c) for which the 
payment is sought. (f) SOURCE OF FUNDS.Payments under this section 
 shall be made from funds available for other payments under this sub-
 chapter. (g) DISBURSEMENT.Payments under this section to a State 
   home shall be made as part of the disbursement of payments under 
section 1741 of this title with respect to that State home. (h) USE OF 
CERTAIN RECEIPTS.The Secretary shall require as a condition of any 
 payment under this section that, in any case in which the State home 
receives a refund payment made by an employee in breach of the terms of 
  an agreement for employee assistance that used funds provided under 
this section, the payment shall be returned to the State homes 
incentive program account and credited as a non-Federal funding source. 
(i) ANNUAL REPORT FROM PAYMENT RECIPIENTS.Any State home receiving 
a payment under this section for any fiscal year, shall, as a condition 
  of the payment, be required to agree to provide to the Secretary a 
 report setting forth in detail the use of funds received through the 
    payment, including a descriptive analysis of how effective the 
 incentive program has been on nurse staffing in the State home during 
 that fiscal year. The report for any fiscal year shall be provided to 
the Secretary within 60 days of the close of the fiscal year and shall 
 be subject to audit by the Secretary. Eligibility for a payment under 
 this section for any later fiscal year is contingent upon the receipt 
  by the Secretary of the annual report under this subsection for the 
     previous fiscal year in accordance with this subsection. (j) 
REGULATIONS.The Secretary shall prescribe regulations to carry out 
   this section. The regulations shall include the establishment of 
 criteria for the award of payments under this section. (Added Pub. L. 
  108422, title II, Sec. 201(a)(1), Nov. 30, 2004, 118 Stat. 
  2380.) ' 1745. Nursing home care and medications for veterans with 
  service-connected disabilities (a)(1) The Secretary shall pay each 
State home for nursing home care at the rate determined under paragraph 
   (2), in any case in which such care is provided to any veteran as 
 follows: (A) Any veteran in need of such care for a service-connected 
   disability. (B) Any veteran who (i) has a service-connected 
  disability rated at 70 percent or more; and (ii) is in need of such 
 care. (2) The rate determined under this paragraph with respect to a 
State home is the lesser of (A) the applicable or prevailing rate 
 payable in the geographic area in which the State home is located, as 
 determined by the Secretary, for nursing home care furnished in a non-
Department nursing home (as that term is defined in section 1720(e)(2) 
of this title); or (B) a rate not to exceed the daily cost of care, as 
determined by the Secretary, following a report to the Secretary by the 
    director of the State home. (3) Payment by the Secretary under 
   paragraph (1) to a State home for nursing home care provided to a 
veteran described in that paragraph constitutes payment in full to the 
 State home for such care furnished to that veteran. (b) The Secretary 
      shall furnish such drugs and medicines as may be ordered on 
 prescription of a duly licensed physician as specific therapy in the 
   treatment of illness or injury to any veteran as follows: (1) Any 
veteran who (A) is not being provided nursing home care for which 
  payment is payable under subsection (a); and (B) is in need of such 
drugs and medicines for a service-connected disability. (2) Any veteran 
who (A) has a service-connected disability rated at 50 percent or 
more; (B) is not being provided nursing home care for which payment is 
  payable under subsection (a); and (C) is in need of such drugs and 
 medicines. (c) Any State home that requests payment or reimbursement 
for services provided to a veteran under this section shall provide to 
the Secretary such information as the Secretary considers necessary to 
   identify each individual veteran eligible for payment under such 
  section. (Added and amended Pub. L. 109461, title II, Sec. 
     211(a)(1), (2), (b)(1), Dec. 22, 2006, 120 Stat. 3418, 3419.) 
SUBCHAPTER VISICKLE CELL ANEMIA ' 1751. Screening, counseling, and 
     medical treatment The Secretary is authorized to carry out a 
   comprehensive program of providing sickle cell anemia screening, 
  counseling, treatment, and information under the provisions of this 
 chapter. (Added Pub. L. 9382, title I, Sec. 109(a), Aug. 2, 
1973, 87 Stat. 186, Sec. 651; renumbered Sec. 1751 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406.) ' 1752. Research The Secretary is authorized to carry 
  out research and research training in the diagnosis, treatment, and 
control of sickle cell anemia based upon the screening examinations and 
treatment provided under this subchapter. (Added Pub. L. 9382, 
title I, Sec. 109(a), Aug. 2, 1973, 87 Stat. 186, Sec. 652; renumbered 
  Sec. 1752 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 
   5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1753. Voluntary 
 participation; confidentiality (a) The participation by any person in 
 any program or portion thereof under this subchapter shall be wholly 
voluntary and shall not be a prerequisite to eligibility for or receipt 
 of any other service or assistance from, or to participation in, any 
    other program under this title. (b) Patient records prepared or 
 obtained under this subchapter shall be held confidential in the same 
manner and under the same conditions prescribed in section 7332 of this 
  title. (Added Pub. L. 9382, title I, Sec. 109(a), Aug. 2, 
1973, 87 Stat. 187, Sec. 653; amended Pub. L. 94581, title I, 
  Sec. 111(b), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 10240, 
 title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 
1753, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
' 1754. Reports The Secretary shall include in the annual report to the 
 Congress required by section 529 of this title a comprehensive report 
       on the administration of this subchapter, including such 
   recommendations for additional legislation as the Secretary deems 
necessary. (Added Pub. L. 9382, title I, Sec. 109(a), Aug. 2, 
1973, 87 Stat. 187, Sec. 654; renumbered Sec. 1754 and amended Pub. L. 
10283, Sec. 2(c)(3), 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 
        Stat. 402, 404406.) x' 1754. Repealed. Pub. L. 
    102585, title V, Sec. 514(a), Nov. 4, 1992, 106 Stat. 
    4958] SUBCHAPTER VIITRANSFERRED x'' 1771 to 1774. 
Renumbered Secs. 2031 to 2034 SUBCHAPTER VIIIHEALTH CARE 
 OF PERSONS OTHER THAN VETERANS ' 1781. Medical care for survivors and 
   dependents of certain veterans (a) The Secretary is authorized to 
 provide medical care, in accordance with the provisions of subsection 
(b) of this section, for (1) the spouse or child of a veteran who 
 has a total disability, permanent in nature, resulting from a service-
 connected disability, (2) the surviving spouse or child of a veteran 
 who (A) died as a result of a service-connected disability, or (B) at 
the time of death had a total disability permanent in nature, resulting 
from a service-connected disability, (3) the surviving spouse or child 
 of a person who died in the active military, naval, or air service in 
 the line of duty and not due to such persons own misconduct, 
and (4) an individual designated as a primary provider of personal care 
services under section 1720G(a)(7)(A) of this title who is not entitled 
to care or services under a health-plan contract (as defined in section 
1725(f) of this title); who are not otherwise eligible for medical care 
under chapter 55 of title 10 (CHAMPUS). (b) In order to accomplish the 
purposes of subsection (a) of this section, the Secretary shall provide 
for medical care in the same or similar manner and subject to the same 
    or similar limitations as medical care is furnished to certain 
  dependents and survivors of active duty and retired members of the 
   Armed Forces under chapter 55 of title 10 (CHAMPUS), by (1) 
 entering into an agreement with the Secretary of Defense under which 
 that Secretary shall include coverage for such medical care under the 
 contract, or contracts, that Secretary enters into to carry out such 
  chapter 55, and under which the Secretary of Veterans Affairs shall 
fully reimburse the Secretary of Defense for all costs and expenditures 
made for the purposes of affording the medical care authorized pursuant 
to this section; or (2) contracting in accordance with such regulations 
 as the Secretary shall prescribe for such insurance, medical service, 
 or health plans as the Secretary deems appropriate. In cases in which 
  Department medical facilities are equipped to provide the care and 
treatment, the Secretary is also authorized to carry out such purposes 
 through the use of such facilities not being utilized for the care of 
  eligible veterans. A dependent or survivor receiving care under the 
preceding sentence shall be eligible for the same medical services as a 
veteran, including services under sections 1782 and 1783 of this title. 
   (c) For the purposes of this section, a child between the ages of 
   eighteen and twenty-three (1) who is eligible for benefits under 
subsection (a) of this section, (2) who is pursuing a full-time course 
of instruction at an educational institution approved under chapter 36 
of this title, and (3) who, while pursuing such course of instruction, 
incurs a disabling illness or injury (including a disabling illness or 
   injury incurred between terms, semesters, or quarters or during a 
      vacation or holiday period) which is not the result of such 
   childs own willful misconduct and which results in such 
 childs inability to continue or resume such childs 
  chosen program of education at an approved educational institution 
shall remain eligible for benefits under this section until the end of 
 the six-month period beginning on the date the disability is removed, 
 the end of the two-year period beginning on the date of the onset of 
 the disability, or the twenty-third birthday of the child, whichever 
 occurs first. (d)(1)(A) An individual otherwise eligible for medical 
  care under this section who is also entitled to hospital insurance 
 benefits under part A of the medicare program is eligible for medical 
care under this section only if the individual is also enrolled in the 
 supplementary medical insurance program under part B of the medicare 
 program. (B) The limitation in subparagraph (A) does not apply to an 
  individual who (i) has attained 65 years of age as of June 5, 
 2001; and (ii) is not enrolled in the supplementary medical insurance 
   program under part B of the medicare program as of that date. (2) 
 Subject to paragraph (3), if an individual described in paragraph (1) 
  receives medical care for which payment may be made under both this 
 section and the medicare program, the amount payable for such medical 
care under this section shall be the amount by which (A) the costs for 
such medical care exceed (B) the sum of (i) the amount payable for 
such medical care under the medicare program; and (ii) the total amount 
paid or payable for such medical care by third party payers other than 
the medicare program. (3) The amount payable under this subsection for 
 medical care may not exceed the total amount that would be paid under 
subsection (b) if payment for such medical care were made solely under 
         subsection (b). (4) In this subsection: (A) The term 
  medicare program means the program of 
  health insurance administered by the Secretary of Health and Human 
 Services under title XVIII of the Social Security Act (42 U.S.C. 1395 
 et seq.). (B) The term third party has 
 the meaning given that term in section 1729(i)(3) of this title. (e) 
  Payment by the Secretary under this section on behalf of a covered 
   beneficiary for medical care shall constitute payment in full and 
extinguish any liability on the part of the beneficiary for that care. 
 (Added Pub. L. 9382, title I, Sec. 103(b), Aug. 2, 1973, 87 
Stat. 181, Sec. 613; amended Pub. L. 94581, title I, Sec. 104, 
 title II, Sec. 210(a)(4), Oct. 21, 1976, 90 Stat. 2845, 2862; Pub. L. 
 96151, title II, Sec. 205(a), Dec. 20, 1979, 93 Stat. 1094; 
Pub. L. 9772, title I, Sec. 105, Nov. 3, 1981, 95 Stat. 1050; 
    Pub. L. 97251, Sec. 5(a), Sept. 8, 1982, 96 Stat. 716; 
renumbered Sec. 1713 and amended Pub. L. 102 83, Sec. 4(a)(3), 
        (4), (b)(1), (2)(B), (E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 102190, title VII, Sec. 704(b)(2), 
 Dec. 5, 1991, 105 Stat. 1402; Pub. L. 10714, Sec. 3, June 5, 
     2001, 115 Stat. 25; renumbered Sec. 1781 and amended Pub. L. 
107 135, title II, Sec. 208(c), Jan. 23, 2002, 115 Stat. 2463; 
 Pub. L. 107330, title III, Sec. 308(g)(8), Dec. 6, 2002, 116 
 Stat. 2829; Pub. L. 111163, title I, Sec. 102, title V, Sec. 
503, May 5, 2010, 124 Stat. 1139, 1157.) ' 1782. Counseling, training, 
and mental health services for immediate family members and care-givers 
   3 (a) COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING SERVICE-
  CONNECTED TREATMENT.In the case of a veteran who is receiving 
treatment for a service-connected disability pursuant to paragraph (1) 
or (2) of section 1710(a) of this title, the Secretary shall provide to 
individuals described in subsection (c) such consultation, professional 
counseling, marriage and family counseling, training, and mental health 
   services as are necessary in connection with that treatment. (b) 
    COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING NON-SERVICE-
 CONNECTED TREATMENT.In the case of a veteran who is eligible to 
  receive treatment for a non-service-connected disability under the 
 conditions described in paragraph (1), (2), or (3) of section 1710(a) 
 of this title, the Secretary may, in the discretion of the Secretary, 
 provide to individuals described in subsection (c) such consultation, 
professional counseling, marriage and family counseling, training, and 
    mental health services as are necessary in connection with that 
    treatment. (c) ELIGIBLE INDIVIDUALS.Individuals who may be 
provided services under this subsection are (1) the members of the 
   immediate family or the legal guardian of a veteran; (2) a family 
 caregiver of an eligible veteran or a caregiver of a covered veteran 
(as those terms are defined in section 1720G of this title); or (3) the 
 individual in whose household such veteran certifies an intention to 
 live. (d) TRAVEL AND TRANSPORTATION AUTHORIZED.Services provided 
    under subsections (a) and (b) may include, under the terms and 
     conditions set forth in section 111 of this title, travel and 
 incidental expenses of individuals described in subsection (c) in the 
case of any of the following: (1) A veteran who is receiving care for a 
  service-connected disability. (2) A dependent or survivor receiving 
 care under the last sentence of section 1783(b) of this title. 3So in 
original. Probably should be caregivers. 
 (Added Pub. L. 107135, title II, Sec. 208(b), Jan. 23, 2002, 
   115 Stat. 2462; amended Pub. L. 110387, title III, Sec. 
  301(a)(2), Oct. 10, 2008, 122 Stat. 4120; Pub. L. 111 163, 
title I, Sec. 103(a), (b), May 5, 2010, 124 Stat. 1139, 1140.) ' 1783. 
 Bereavement counseling (a) DEATHS OF VETERANS.In the case of an 
 individual who was a recipient of services under section 1782 of this 
   title at the time of the death of the veteran, the Secretary may 
  provide bereavement counseling to that individual in the case of a 
  death (1) that was unexpected; or (2) that occurred while the 
 veteran was participating in a hospice program (or a similar program) 
 conducted by the Secretary. (b) DEATHS IN ACTIVE SERVICE.(1) The 
Secretary may provide bereavement counseling to an individual who is a 
member of the immediate family of a member of the Armed Forces who dies 
 in the active military, naval, or air service in the line of duty and 
under circumstances not due to the persons own misconduct. (2) 
For purposes of this subsection, the members of the immediate family of 
  a member of the Armed Forces described in paragraph (1) include the 
    parents of such member. (c) PROVISION OF COUNSELING THROUGH VET 
CENTERS.Bereavement counseling may be provided under this section 
 through the facilities and personnel of centers for the provision of 
   readjustment counseling and related mental health services under 
        section 1712A of this title. (d) BEREAVEMENT COUNSELING 
          DEFINED.For purposes of this section, the term 
    bereavement counseling means such 
counseling services, for a limited period, as the Secretary determines 
    to be reasonable and necessary to assist an individual with the 
 emotional and psychological stress accompanying the death of another 
individual. (Added Pub. L. 107135, title II, Sec. 208(b), Jan. 
 23, 2002, 115 Stat. 2463; amended Pub. L. 109461, title II, 
Sec. 216, Dec. 22, 2006, 120 Stat. 3424.) ' 1784. Humanitarian care The 
     Secretary may furnish hospital care or medical services as a 
humanitarian service in emergency cases, but the Secretary shall charge 
for such care and services at rates prescribed by the Secretary. (Added 
  Pub. L. 107135, title II, Sec. 208(b), Jan. 23, 2002, 115 
  Stat. 2463.) ' 1785. Care and services during certain disasters and 
    emergencies (a) AUTHORITY TO PROVIDE HOSPITAL CARE AND MEDICAL 
SERVICES.During and immediately following a disaster or emergency 
referred to in subsection (b), the Secretary may furnish hospital care 
  and medical services to individuals responding to, involved in, or 
otherwise affected by that disaster or emergency. (b) COVERED DISASTERS 
   AND EMERGENCIES.A disaster or emergency referred to in this 
    subsection is any disaster or emergency as follows: (1) A major 
  disaster or emergency declared by the President under the Robert T. 
 Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
 et seq.). (2) A disaster or emergency in which the National Disaster 
   Medical System established pursuant to section 2812 of the Public 
 Health Service Act (42 U.S.C. 300hh) is activated by the Secretary of 
Health and Human Services under that section or as otherwise authorized 
     by law. (c) APPLICABILITY TO ELIGIBLE INDIVIDUALS WHO ARE VET-
   ERANS.The Secretary may furnish care and services under this 
 section to an individual described in subsection (a) who is a veteran 
without regard to whether that individual is enrolled in the system of 
patient enrollment under section 1705 of this title. (d) REIMBURSEMENT 
 FROM OTHER FEDERAL DEPARTMENTS AND AGENCIES.(1) The cost of any 
care or services furnished under this section to an officer or employee 
     of a department or agency of the United States other than the 
 Department or to a member of the Armed Forces shall be reimbursed at 
such rates as may be agreed upon by the Secretary and the head of such 
   department or agency or the Secretary concerned, in the case of a 
 member of the Armed Forces, based on the cost of the care or service 
furnished. (2) Amounts received by the Department under this subsection 
 shall be credited to the Medical Care Collections Fund under section 
1729A of this title. (e) REPORT TO CONGRESSIONAL COMMITTEES.Within 
 60 days of the commencement of a disaster or emergency referred to in 
subsection (b) in which the Secretary furnishes care and services under 
 this section (or as soon thereafter as is practicable), the Secretary 
  shall submit to the Committees on Veterans Affairs of the 
        Senate and the House of Representatives a report on the 
Secretarys allocation of facilities and personnel in order to 
  furnish such care and services. (f) REGULATIONS.The Secretary 
shall prescribe regulations governing the exercise of the authority of 
the Secretary under this section. (Added Pub. L. 107287, Sec. 
4(a)(1), Nov. 7, 2002, 116 Stat. 2028; amended Pub. L. 109444, 
 Sec. 8(a)(2), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109461, 
  title X, Secs. 1004(a)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 
3468; Pub. L. 111275, title X, Sec. 1001(c)(2), Oct. 13, 2010, 
 124 Stat. 2896.) ' 1786. Care for newborn children of women veterans 
receiving maternity care (a) IN GENERAL.The Secretary may furnish 
health care services described in subsection (b) to a newborn child of 
   a woman veteran who is receiving maternity care furnished by the 
Department for not more than seven days after the birth of the child if 
     the veteran delivered the child in (1) a facility of the 
 Department; or (2) another facility pursuant to a Department contract 
    for services relating to such delivery. (b) COVERED HEALTH CARE 
SERVICES.Health care services described in this subsection are all 
 post-delivery care services, including routine care services, that a 
newborn child requires. (Added Pub. L. 111163, title II, Sec. 
 206(a), May 5, 2010, 124 Stat. 1145.) CHAPTER 18 OF TITLE 38, UNITED 
 STATES CODE [As Amended Through P.L. 1127, Enacted March 31, 
     2011] xTITLE 38VETERANS BENEFITS xPART 
 IIGENERAL BENEFITS CHAPTER 18BENEFITS FOR CHILDREN 
 OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS Sec. [1801. Repealed.] 
 SUBCHAPTER ICHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA 
 1802. 1803. Spina bifida conditions covered. Health care. 1804. 1805. 
        1806. Vocational training and rehabilitation. Monetary 
   allowance.Repealed.]. SUBCHAPTER IICHILDREN OF WOMEN VIETNAM 
   VETERANS BORN WITH CERTAIN BIRTH DEFECTS 1811. Definitions. 1812. 
 Covered birth defects. 1813. Health care. 1814. Vocational training. 
        1815. Monetary allowance. 1816. Regulations. SUBCHAPTER 
IIICHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA 
 BIFIDA 1821. Benefits for children of certain Korea service veterans 
  born with spina bifida. SUBCHAPTER IVGENERAL PROVISIONS 1831. 
Definitions. 1832. Applicability of certain administrative provisions. 
 1833. Treatment of receipt of monetary allowance and other benefits. 
     1834. Nonduplication of benefits. x' 1801. Repealed. Pub. L. 
  106419, title IV, Sec. 401(c)(1), Nov. 1, 2000, 114 Stat. 
 1860 SUBCHAPTER ICHILDREN OF VIETNAM VETERANS BORN WITH 
 SPINA BIFIDA ' 1802. Spina bifida conditions covered This subchapter 
 applies with respect to all forms and manifestations of spina bifida 
except spina bifida occulta. (Added Pub. L. 104201, title IV, 
     Sec. 421(b), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 
  106419, title IV, Sec. 401(e)(1), Nov. 1, 2000, 114 Stat. 
  1860; Pub. L. 10714, Sec. 8(b)(3), June 5, 2001, 115 Stat. 
 36.) ' 1803. Health care (a) In accordance with regulations which the 
  Secretary shall prescribe, the Secretary shall provide a child of a 
Vietnam veteran 241 who is suffering from spina bifida with health care 
  under this section. (b) The Secretary may provide health care under 
  this section directly or by contract or other arrangement with any 
health care provider. (c) For the purposes of this section (1) The 
  term health care (A) means home 
  care, hospital care, nursing home care, outpatient care, preventive 
   care, habilitative and rehabilitative care, case management, and 
  respite care; and (B) includes (i) the training of appropriate 
  members of a childs family or household in the care of the 
   child; and (ii) the provision of such pharmaceuticals, supplies, 
     equipment, devices, appliances, assistive technology, direct 
 transportation costs to and from approved sources of health care, and 
  other materials as the Secretary determines necessary. (2) The term 
health care provider includes specialized 
   spina bifida clinics, health care plans, insurers, organizations, 
institutions, and any other entity or individual furnishing health care 
   services that the Secretary determines are authorized under this 
  section. (3) The term home care means 
   outpatient care, habilitative and rehabilitative care, preventive 
health services, and health-related services furnished to an individual 
 in the individuals home or other place of residence. (4) The 
    term hospital care means care and 
  treatment for a disability furnished to an individual who has been 
 admitted to a hospital as a patient. (5) The term nursing 
 home care means care and treatment for a disability 
furnished to an individual who has been admitted to a nursing home as a 
 resident. (6) The term outpatient care 
    means care and treatment of a disability, and preventive health 
   services, furnished to an individual other than hospital care or 
        nursing home care. (7) The term preventive 
 care means care and treatment furnished to prevent 
disability or illness, including periodic examinations, immunizations, 
  patient health education, and such other services as the Secretary 
  determines necessary to provide effective and economical preventive 
 health care. (8) The term habilitative and rehabilitative 
    care means such professional, counseling, and 
    guidance services and treatment programs (other than vocational 
training under section 1804 of this title) as are necessary to develop, 
     maintain, or restore, to the maximum extent practicable, the 
  functioning of a disabled person. (9) The term respite 
 care means care furnished on an intermittent basis 
   for a limited period to an individual who resides primarily in a 
 private residence when such care will help the individual to continue 
  residing in such private residence. (Added Pub. L. 104204, 
title IV, Sec. 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. 
L. 105368, title X, Sec. 1005(b)(4), Nov. 11, 1998, 112 Stat. 
 3365; Pub. L. 110387, title IV, Sec. 408(a), Oct. 10, 2008, 
  122 Stat. 4130.) ' 1804. Vocational training and rehabilitation (a) 
   Pursuant to such regulations as the Secretary may prescribe, the 
Secretary may provide vocational training under this section to a child 
    of a Vietnam veteran who is suffering from spina bifida if the 
Secretary determines that the achievement of a vocational goal by such 
 child is reasonably feasible. (b) Any program of vocational training 
     for a child under this section shall (1) be designed in 
   consultation with the child in order to meet the childs 
individual needs; (2) be set forth in an individualized written plan of 
vocational rehabilitation; and (3) be designed and developed before the 
 date specified in subsection (d)(3) so as to permit the beginning of 
   the program as of the date specified in that subsection. (c)(1) A 
  vocational training program for a child under this section (A) 
 shall consist of such vocationally oriented services and assistance, 
 including such placement and post-placement services and personal and 
work adjustment training, as the Secretary determines are necessary to 
enable the child to prepare for and participate in vocational training 
    or employment; and (B) may include a program of education at an 
  institution of higher learning if the Secretary determines that the 
  program of education is predominantly vocational in content. (2) A 
  vocational training program under this section may not include the 
   provision of any loan or subsistence allowance or any automobile 
  adaptive equipment. (d)(1) Except as provided in paragraph (2) and 
subject to subsection (e)(2), a vocational training program under this 
   section may not exceed 24 months. (2) The Secretary may grant an 
   extension of a vocational training program for a child under this 
section for up to 24 additional months if the Secretary determines that 
    the extension is necessary in order for the child to achieve a 
 vocational goal identified (before the end of the first 24 months of 
    such program) in the written plan of vocational rehabilitation 
 formulated for the child pursuant to subsection (b). (3) A vocational 
 training program under this section may begin on the childs 
 18th birthday, or on the successful completion of the childs 
secondary schooling, whichever first occurs, except that, if the child 
is above the age of compulsory school attendance under applicable State 
    law and the Secretary determines that the childs best 
 interests will be served thereby, the vocational training program may 
 begin before the childs 18th birthday. (e)(1) A child who is 
  pursuing a program of vocational training under this section and is 
 also eligible for assistance under a program under chapter 35 of this 
title may not receive assistance under both such programs concurrently. 
  The child shall elect (in such form and manner as the Secretary may 
prescribe) the program under which the child is to receive assistance. 
(2) The aggregate period for which a child may receive assistance under 
this section and chapter 35 of this title may not exceed 48 months (or 
  the part-time equivalent thereof). (Added Pub. L. 104204, 
title IV, Sec. 421(b)(1), Sept. 26, 1996, 110 Stat. 2924; amended Pub. 
  L. 105114, title IV, Sec. 404(c), Nov. 21, 1997, 111 Stat. 
2295; Pub.L. 108183, title VII, Sec. 708(a)(3), Dec. 16, 2003, 
117 Stat. 2673.) ' 1805. Monetary allowance (a) The Secretary shall pay 
   a monthly allowance under this section to any child of a Vietnam 
veteran for any disability resulting from spina bifida suffered by such 
 child. (b)(1) The amount of the allowance paid to a child under this 
  section shall be based on the degree of disability suffered by the 
   child, as determined in accordance with such schedule for rating 
     disabilities resulting from spina bifida as the Secretary may 
prescribe. (2) The Secretary shall, in prescribing the rating schedule 
for the purposes of this section, establish three levels of disability 
 upon which the amount of the allowance provided by this section shall 
be based. (3) The amounts of the allowance shall be $200 per month for 
   the lowest level of disability prescribed, $700 per month for the 
 intermediate level of disability prescribed, and $1,200 per month for 
the highest level of disability prescribed. Such amounts are subject to 
      adjustment under section 5312 of this title. (Added Pub. L. 
 104204, title IV, Sec. 421(b)(1), Sept. 26, 1996, 110 Stat. 
   2925; amended Pub. L. 106419, title IV, Sec. 401(c)(2), 
   (e)(2), Nov. 1, 2000, 114 Stat. 1860.) x' 1806. Repealed. Pub. L. 
  106419, title IV, Sec. 401(c)(3), Nov. 1, 2000, 114 Stat. 
1860 SUBCHAPTER IICHILDREN OF WOMEN VIETNAM VETERANS BORN 
WITH CERTAIN BIRTH DEFECTS ' 1811. Definitions In this subchapter: (1) 
    The term eligible child means an 
individual who (A) is the child (as defined in section 1821(1) of 
 this title) of a woman Vietnam veteran; and (B) was born with one or 
  more covered birth defects. (2) The term covered birth 
    defect means a birth defect identified by the 
      Secretary under section 1812 of this title. (Added Pub. L. 
 106419, title IV, Sec. 401(a), Nov. 1, 2000, 114 Stat. 1857; 
  amended Pub. L. 108183, title I, Sec. 102(d)(1), Dec. 16, 
       2003, 117 Stat. 2654.) ' 1812. Covered birth defects (a) 
 IDENTIFICATION.The Secretary shall identify the birth defects of 
 children of women Vietnam veterans that (1) are associated with 
  the service of those veterans in the Republic of Vietnam during the 
Vietnam era; and (2) result in permanent physical or mental disability. 
(b) LIMITATIONS.(1) The birth defects identified under subsection 
 (a) may not include birth defects resulting from the following: (A) A 
familial disorder. (B) A birth-related injury. (C) A fetal or neonatal 
     infirmity with well-established causes. (2) In any case where 
affirmative evidence establishes that a covered birth defect of a child 
 of a woman Vietnam veteran results from a cause other than the active 
  military, naval, or air service of that veteran in the Republic of 
   Vietnam during the Vietnam era, no benefits or assistance may be 
       provided the child under this sub-chapter. (Added Pub. L. 
106419, title IV, Sec. 401(a), Nov. 1, 2000, 114 Stat. 1857.) 
' 1813. Health care (a) NEEDED CARE.The Secretary shall provide an 
 eligible child such health care as the Secretary determines is needed 
  by the child for that childs covered birth defects or any 
 disability that is associated with those birth defects. (b) AUTHORITY 
FOR CARE TO BE PROVIDED DIRECTLY OR BY CONTRACT.The Secretary may 
provide health care under this section directly or by contract or other 
   arrangement with a health care provider. (c) DEFINITIONS.For 
 purposes of this section, the definitions in section 1803(c) of this 
 title shall apply with respect to the provision of health care under 
 this section, except that for such purposes (1) the reference to 
   specialized spina bifida clinic in 
  paragraph (2) of that section shall be treated as a reference to a 
   specialized clinic treating the birth defect concerned under this 
section; and (2) the reference to vocational training under 
 section 1804 of this title in paragraph (8) of that 
 section shall be treated as a reference to vocational training under 
 section 1814 of this title. (Added Pub. L. 106419, title IV, 
Sec. 401(a), Nov. 1, 2000, 114 Stat. 1857.) ' 1814. Vocational training 
 (a) AUTHORITY.The Secretary may provide a program of vocational 
  training to an eligible child if the Secretary determines that the 
 achievement of a vocational goal by the child is reasonably feasible. 
 (b) APPLICABLE PROVISIONS.Subsections (b) through (e) of section 
     1804 of this title shall apply with respect to any program of 
   vocational training provided under subsection (a). (Added Pub. L. 
106419, title IV, Sec. 401(a), Nov. 1, 2000, 114 Stat. 1858.) 
 ' 1815. Monetary allowance (a) MONETARY ALLOWANCE.The Secretary 
shall pay a monthly allowance to any eligible child for any disability 
 resulting from the covered birth defects of that child. (b) SCHEDULE 
 FOR RATING DISABILITIES.(1) The amount of the monthly allowance 
  paid under this section shall be based on the degree of disability 
  suffered by the child concerned, as determined in accordance with a 
 schedule for rating disabilities resulting from covered birth defects 
that is prescribed by the Secretary. (2) In prescribing a schedule for 
  rating disabilities for the purposes of this section, the Secretary 
shall establish four levels of disability upon which the amount of the 
   allowance provided by this section shall be based. The levels of 
 disability established may take into account functional limitations, 
  including limitations on cognition, communication, motor abilities, 
 activities of daily living, and employability. (c) AMOUNT OF MONTHLY 
  ALLOWANCE.The amount of the monthly allowance paid under this 
section shall be as follows: (1) In the case of a child suffering from 
 the lowest level of disability prescribed in the schedule for rating 
  disabilities under subsection (b), $100. (2) In the case of a child 
suffering from the lower intermediate level of disability prescribed in 
the schedule for rating disabilities under subsection (b), the greater 
   of (A) $214; or (B) the monthly amount payable under section 
1805(b)(3) of this title for the lowest level of disability prescribed 
for purposes of that section. (3) In the case of a child suffering from 
the higher intermediate level of disability prescribed in the schedule 
 for rating disabilities under subsection (b), the greater of (A) 
  $743; or (B) the monthly amount payable under section 1805(b)(3) of 
  this title for the intermediate level of disability prescribed for 
purposes of that section. (4) In the case of a child suffering from the 
   highest level of disability prescribed in the schedule for rating 
 disabilities under subsection (b), the greater of (A) $1,272; or 
 (B) the monthly amount payable under section 1805(b)(3) of this title 
  for the highest level of disability prescribed for purposes of that 
   section. (d) INDEXING TO SOCIAL SECURITY BENEFIT INCREASES. 
Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection 
(c) shall be subject to adjustment from time to time under section 5312 
 of this title. (Added Pub. L. 106419, title IV, Sec. 401(a), 
Nov. 1, 2000, 114 Stat. 1858.) ' 1816. Regulations The Secretary shall 
   prescribe regulations for purposes of the administration of this 
subchapter. (Added Pub. L. 106419, title IV, Sec. 401(a), Nov. 
1, 2000, 114 Stat. 1859.) SUBCHAPTER IIICHILDREN OF CERTAIN KOREA 
 SERVICE VETERANS BORN WITH SPINA BIFIDA ' 1821. Benefits for children 
 of certain Korea service veterans born with spina bifida (a) BENEFITS 
AUTHORIZED.The Secretary may provide to any child of a veteran of 
covered service in Korea who is suffering from spina bifida the health 
 care, vocational training and rehabilitation, and monetary allowance 
 required to be paid to a child of a Vietnam veteran who is suffering 
 from spina bifida under subchapter I of this chapter as if such child 
  of a veteran of covered service in Korea were a child of a Vietnam 
 veteran who is suffering from spina bifida under such subchapter. (b) 
SPINA BIFIDA CONDITIONS COVERED.This section applies with respect 
 to all forms and manifestations of spina bifida, except spina bifida 
 occulta. (c) VETERAN OF COVERED SERVICE IN KOREA.For purposes of 
this section, a veteran of covered service in Korea is any individual, 
  without regard to the characterization of that individuals 
  service, who (1) served in the active military, naval, or air 
 service in or near the Korean demilitarized zone (DMZ), as determined 
by the Secretary in consultation with the Secretary of Defense, during 
  the period beginning on September 1, 1967, and ending on August 31, 
1971; and (2) is determined by the Secretary, in consultation with the 
Secretary of Defense, to have been exposed to a herbicide agent during 
 such service in or near the Korean demilitarized zone. (d) HERBICIDE 
AGENT.For purposes of this section, the term herbicide 
agent means a chemical in a herbicide used in support 
 of United States and allied military operations in or near the Korean 
demilitarized zone, as determined by the Secretary in consultation with 
 the Secretary of Defense, during the period beginning on September 1, 
 1967, and ending on August 31, 1971. (Added Pub. L. 108183, 
  title I, Sec. 102(a)(2), Dec. 16, 2003, 117 Stat. 2653.) SUBCHAPTER 
IVGENERAL PROVISIONS ' 1831. Definitions In this chapter: (1) The 
 term child means the following: (A) For 
   purposes of subchapters I and II of this chapter, an individual, 
regardless of age or marital status, who (i) is the natural child 
 of a Vietnam veteran; and (ii) was conceived after the date on which 
 that veteran first entered the Republic of Vietnam during the Vietnam 
era. (B) For purposes of subchapter III of this chapter, an individual, 
regardless of age or marital status, who (i) is the natural child 
of a veteran of covered service in Korea (as determined for purposes of 
 section 1821 of this title); and (ii) was conceived after the date on 
which that veteran first entered service described in subsection (c) of 
            that section. (2) The term Vietnam 
  veteran means an individual who performed active 
 military, naval, or air service in the Republic of Vietnam during the 
      Vietnam era, without regard to the characterization of that 
    individuals service. (3) The term Vietnam 
  era with respect to (A) subchapter I of this 
 chapter, means the period beginning on January 9, 1962, and ending on 
 May 7, 1975; and (B) subchapter II of this chapter, means the period 
beginning on February 28, 1961, and ending on May 7, 1975. (Added Pub. 
  L. 106419, title IV, Sec. 401(b), Nov. 1, 2000, 114 Stat. 
      1859, Sec. 1821; renumbered Sec. 1831, and amended, Pub. L. 
108183, title I, Sec. 102(a)(1), (b), Dec. 16, 2003, 117 Stat. 
2653, 2654.) ' 1832. Applicability of certain administrative provisions 
        (a) APPLICABILITY OF CERTAIN PROVISIONS RELATING TO COM-
PENSATION.The provisions of this title specified in subsection (b) 
apply with respect to benefits and assistance under this chapter in the 
   same manner as those provisions apply to compensation paid under 
chapter 11 of this title. (b) SPECIFIED PROVISIONS.The provisions 
  of this title referred to in subsection (a) are the following: (1) 
 Section 5101(c). (2) Subsections (a), (b)(2), (g), and (i) of section 
  5110. (3) Section 5111. (4) Subsection (a) and paragraphs (1), (6), 
    (9), and (10) of subsection (b) of section 5112. (Added Pub. L. 
 106419, title IV, Sec. 401(b), Nov. 1, 2000, 114 Stat. 1859, 
Sec. 1822; renumbered Sec. 1832, Pub. L. 108183, title I, Sec. 
102(a)(1), Dec. 16, 2003, 117 Stat. 2653.) ' 1833. Treatment of receipt 
 of monetary allowance and other benefits (a) COORDINATION WITH OTHER 
BENEFITS PAID TO THE RECIPIENT.Notwithstanding any other provision 
  of law, receipt by an individual of a monetary allowance under this 
 chapter shall not impair, infringe, or otherwise affect the right of 
the individual to receive any other benefit to which the individual is 
  otherwise entitled under any law administered by the Secretary. (b) 
          COORDINATION WITH BENEFITS BASED ON RELATIONSHIP OF 
RECIPIENTS.Notwithstanding any other provision of law, receipt by 
  an individual of a monetary allowance under this chapter shall not 
impair, infringe, or otherwise affect the right of any other individual 
to receive any benefit to which such other individual is entitled under 
any law administered by the Secretary based on the relationship of such 
     other individual to the individual who receives such monetary 
  allowance. (c) MONETARY ALLOWANCE NOT TO BE CONSIDERED AS INCOME OR 
RESOURCES FOR CERTAIN PURPOSES.Notwithstanding any other provision 
  of law, a monetary allowance paid an individual under this chapter 
     shall not be considered as income or resources in determining 
   eligibility for, or the amount of benefits under, any Federal or 
 federally assisted program. (Added Pub. L. 106419, title IV, 
 Sec. 401(b), Nov. 1, 2000, 114 Stat. 1860, Sec. 1823; renumbered Sec. 
1833, Pub. L. 108183, title I, Sec. 102(a)(1), Dec. 16, 2003, 
   117 Stat. 2653.) ' 1834. Nonduplication of benefits (a) MONETARY 
ALLOWANCE.In the case of an eligible child under subchapter II of 
    this chapter whose only covered birth defect is spina bifida, a 
 monetary allowance shall be paid under sub-chapter I of this chapter. 
 In the case of an eligible child under sub-chapter II of this chapter 
who has spina bifida and one or more additional covered birth defects, 
a monetary allowance shall be paid under subchapter II of this chapter. 
 In the case of a child eligible for benefits under subchapter I or II 
of this chapter who is also eligible for benefits under subchapter III 
     of this chapter, a monetary allowance shall be paid under the 
    subchapter of this chapter elected by the child. (b) VOCATIONAL 
 REHABILITATION.An individual may only be provided one program of 
vocational training under this chapter. (Added Pub. L. 106419, 
    title IV, Sec. 401(b), Nov. 1, 2000, 114 Stat. 1860, Sec. 1824; 
  renumbered Sec. 1834 and amended, Pub. L. 108183, title I, 
 Sec. 102(a)(1), (c), Dec. 16, 2003, 117 Stat. 2653, 2654.) CHAPTER 19 
OF TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
   BENEFITS xPART IIGENERAL BENEFITS CHAPTER 
19INSURANCE SUBCHAPTER INATIONAL SERVICE LIFE INSURANCE Sec. 
1901. Definitions. 1902. Premium rates and policy values. 1903. Amount 
  of insurance. 1904. Plans of insurance. 1905. Renewal. 1906. Policy 
provisions. 1907. Payment or use of dividends. 1908. Premium payments. 
   1909. Effective date of insurance. 1910. Incontestability. 1911. 
   Forfeiture. 1912. Total disability waiver. 1913. Death before six 
 months total disability. 1914. Statutory total disabilities. 
1915. Total disability income provision. 1916. Insurance which matured 
 before August 1, 1946. 1917. Insurance maturing on or after August 1, 
    1946. 1918. Assignments. 1919. National Service Life Insurance 
appropriation. 1920. National Service Life Insurance Fund. 1921. Extra 
   hazard costs. 1922. Service disabled veterans insurance. 
 1922A. Supplemental service disabled veterans insurance for 
    totally disabled veterans. 1923. Veterans Special Life 
 Insurance. 1924. In-service waiver of premiums. 1925. Limited period 
for acquiring insurance. 1926. Authority for higher interest rates for 
 amounts payable to beneficiaries. 1927. Authority for higher monthly 
installments payable to certain annuitants. 1928. Authority for payment 
of interest on settlements. 1929. Authority to adjust premium discount 
rates. SUBCHAPTER IIUNITED STATES GOVERNMENT LIFE INSURANCE 1940. 
Definition. 1941. Amount of insurance. 1942. Plans of insurance. 1943. 
 Premiums. 1944. Policy provisions. 1945. Renewal. 1946. Dividends to 
pay premiums. 1947. Incontestability. 1948. Total disability provision. 
1949. Change of beneficiary. 1950. Payment to estates. 1951. Payment of 
    insurance. 1952. Optional settlement. 1953. Assignments. 1954. 
  Forfeiture. 1955. United States Government Life Insurance Fund. 253 
 1956. Military and naval insurance appropriation. 1957. Extra hazard 
  costs. 1958. Statutory total permanent disability. 1959. Waiver of 
 disability for reinstatement. 1960. Waiver of premium payments on due 
date. 1961. Authority for higher interest rates for amounts payable to 
beneficiaries. 1962. Authority for higher monthly installments payable 
   to certain annuitants. 1963. Authority for payment of interest on 
  settlements. SUBCHAPTER IIISERVICEMEMBERS GROUP LIFE 
INSURANCE 1965. Definitions. 1966. Eligible insurance companies. 1967. 
 Persons insured; amount. 1968. Duration and termination of coverage; 
  conversion. 1969. Deductions; payment; investment; expenses. 1970. 
 Beneficiaries; payment of insurance. 1971. Basic tables of premiums; 
 readjustment of rates. 1972. Benefit certificates. 1973. Forfeiture. 
1974. Advisory Council on Servicemembers Group Life Insurance. 
  1975. Jurisdiction of District Courts. 1976. Effective date. 1977. 
  Veterans Group Life Insurance. 1978. Reinstatement. 1979. 
 Incontestability. 1980. Option to receive accelerated death benefit. 
  1980A. Traumatic injury protection. SUBCHAPTER IVGENERAL 1981. 
Replacement of surrendered and expired insurance. 1982. Administrative 
  cost. 1983. Settlements for minors or incompetents. 1984. Suits on 
  insurance. 1985. Decisions by the Secretary. 1986. Deposits in and 
    disbursements from trust funds. 1987. Penalties. 1988. Savings 
  provision. SUBCHAPTER INATIONAL SERVICE LIFE INSURANCE ' 1901. 
   Definitions For the purposes of this subchapter (1) The term 
  insurance means National Service Life 
    Insurance. (2) The terms widow or 
widower mean a person who was the lawful 
 spouse of the insured at the maturity of the insurance. (3) The term 
   child means a legitimate child, an 
  adopted child, and, if designated as beneficiary by the insured, a 
           stepchild or an illegitimate child. (4) The terms 
                 parent, 
               father, and 
  mother mean a father, mother, father 
 through adoption, mother through adoption, persons who have stood in 
 loco parentis to a member of the military or naval forces at any time 
  before entry into active service for a period of not less than one 
 year, and a stepparent, if designated as beneficiary by the insured. 
   (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1148, Sec. 701; 
renumbered Sec. 1901, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
 105 Stat. 406.) ' 1902. Premium rates and policy values Premium rates 
for insurance shall be the net rates based upon the American Experience 
Table of Mortality and interest at the rate of 3 per centum per annum. 
      All cash, loan, paid-up, and extended values, and all other 
  calculations in connection with insurance, shall be based upon said 
 American Experience Table of Mortality and interest at the rate of 3 
per centum per annum. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
  1148, Sec. 702; renumbered Sec. 1902, Pub. L. 10283, Sec. 
    5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1903. Amount of insurance 
  Insurance shall be issued in any multiple of $500 and the amount of 
insurance with respect to any one person shall be not less than $1,000 
or more than $10,000. No person may carry a combined amount of National 
 Service Life Insurance and United States Government life insurance in 
  excess of $10,000 at any one time. The limitations of this section 
  shall not apply to the additional paid up insurance the purchase of 
    which is authorized under section 1907 of this title. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1148, Sec. 703; Pub. L. 
 92188, Sec. 1, Dec. 15, 1971, 85 Stat. 645; renumbered Sec. 
  1903 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
 1991, 105 Stat. 406.) ' 1904. Plans of insurance (a) Insurance may be 
 issued on the following plans: Five-year level premium term, ordinary 
life, twenty-payment life, thirty-payment life, twenty-year endowment, 
endowment at age sixty, and endowment at age sixty-five. Level premium 
term insurance may be converted as of the date when any premium becomes 
or has become due, or exchanged as of the date of the original policy, 
   upon payment of the difference in reserve, at any time while such 
    insurance is in force and within the term period to any of the 
 foregoing permanent plans of insurance, except that conversion to an 
 endowment plan may not be made while the insured is totally disabled. 
(b) Under such regulations as the Secretary may promulgate a policy of 
participating insurance may be converted to or exchanged for insurance 
issued under this subsection on a modified life plan. Insurance issued 
under this subsection shall be on the same terms and conditions as the 
  insurance which it replaces, except (1) the premium rates for such 
 insurance shall be based on the 1958 Commissioners Standard Ordinary 
 Basic Table of Mortality and interest at the rate of 3 per centum per 
annum; (2) all cash, loan, paid-up, and extended values shall be based 
 on the 1958 Commissioners Standard Ordinary Basic Table of Mortality 
and interest at the rate of 3 per centum per annum; and (3) at the end 
 of the day preceding the sixty-fifth birthday of the insured the face 
 value of the modified life insurance policy or the amount of extended 
 term insurance thereunder shall be automatically reduced by one-half 
 thereof, without any reduction in premium. (c) Under such regulations 
as the Secretary may promulgate, a policy of nonparticipating insurance 
   may be converted to or exchanged for insurance issued under this 
    subsection on a modified life plan. Insurance issued under this 
 subsection shall be on the same terms and conditions as the insurance 
which it replaces, except that (1) term insurance issued under section 
621 of the National Service Life Insurance Act of 1940 shall be deemed 
 for the purposes of this subsection to have been issued under section 
  1923(b) of this title; and (2) at the end of the day preceding the 
sixty-fifth birthday of the insured the face value of the modified life 
 insurance policy or the amount of extended term insurance thereunder 
    shall be automatically reduced by one-half thereof, without any 
 reduction in premium. Any person eligible for insurance under section 
 1922(a), or section 1925 of this title may be granted a modified life 
insurance policy under this subsection which, subject to exception (2) 
 above, shall be issued on the same terms and conditions specified in 
   section 1922(a) or section 1925, whichever is applicable. (d) Any 
insured whose modified life insurance policy is in force by payment or 
waiver of premiums on the day before the insureds sixty-fifth 
  birthday may upon written application and payment of premiums made 
before such birthday be granted National Service Life Insurance, on an 
 ordinary life plan, without physical examination, in an amount of not 
less than $500, in multiples of $250, but not in excess of one-half of 
 the face amount of the modified life insurance policy in force on the 
day before the insureds sixty-fifth birthday. Insurance issued 
under this subsection shall be effective on the sixty-fifth birthday of 
the insured. The premium rate, cash, loan, paid-up, and extended values 
 on the ordinary life insurance issued under this subsection shall be 
based on the same mortality tables and interest rates as the insurance 
    issued under the modified life policy. Settlements on policies 
involving annuities on insurance issued under this subsection shall be 
  based on the same mortality or annuity tables and interest rates as 
such settlements on the modified life policy. If the insured is totally 
 disabled on the day before the insureds sixty-fifth birthday 
 and premiums on the insureds modified life insurance policy 
  are being waived under section 1912 of this title or the insured is 
entitled on that date to waiver under such section the insured shall be 
automatically granted the maximum amount of insurance authorized under 
 this subsection and premiums on such insurance shall be waived during 
  the continuous total disability of the insured. (e) After June 30, 
   1972, and under such regulations as the Secretary may promulgate, 
insurance may be converted to or exchanged for insurance on a modified 
   life plan under the same terms and conditions as are set forth in 
 subsections (b) and (c) of this section except that at the end of the 
day preceding the seventieth birthday of the insured the face value of 
the modified life insurance policy or the amount of extended insurance 
thereunder shall be automatically reduced by one-half thereof, without 
  any reduction in premium. Any insured whose modified life insurance 
policy issued under this subsection is in force by payment or waiver of 
 premiums on the day before the insureds seventieth birthday 
may be granted insurance on the ordinary life plan upon the same terms 
   and conditions as are set forth in subsection (d) of this section 
 except that in applying such provisions the seventieth birthday is to 
be substituted for the sixty-fifth birthday. Notwithstanding any other 
  provision of law or regulations the Secretary under such terms and 
conditions as the Secretary determines to be reasonable and practicable 
  and upon written application and payment of the required premiums, 
  reserves, or other necessary amounts made within one year from the 
   effective date of this subsection by an insured having in force a 
modified life plan issued under subsection (b) or (c) of this section, 
including any replacement insurance issued under subsection (d) of this 
 section or other provision of this title, can exchange such insurance 
 without proof of good health for an amount of insurance issued under 
 this subsection equal to the insurance then in force or which was in 
 force on the day before such insureds sixty-fifth birthday, 
 whichever is the greater. (Pub. L. 85857, Sept. 2, 1958, 72 
  Stat. 1148, Sec. 704; Pub. L. 88664, Sec. 12(b), Oct. 13, 
 1964, 78 Stat. 1098; Pub. L. 92193, Dec. 15, 1971, 85 Stat. 
648; Pub. L. 97295, Sec. 4(21), Oct. 12, 1982, 96 Stat. 1306; 
  Pub. L. 99576, title VII, Sec. 701(21), Oct. 28, 1986, 100 
 Stat. 3292; renumbered Sec. 1904 and amended Pub. L. 10283, 
      Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
  404406.) ' 1905. Renewal All level premium term policies, 
except as otherwise provided in this section, shall cease and terminate 
  at the expiration of the term period. At the expiration of any term 
   period any five-year level premium term policy which has not been 
 exchanged or converted to a permanent plan of insurance and which is 
  not lapsed shall be renewed as level premium term insurance without 
 application for a successive five-year period at the premium rate for 
the attained age without medical examination. However, renewal will be 
effected in cases where the policy is lapsed only if the insured makes 
  application for reinstatement and renewal of the term policy within 
  five years after the date of lapse, and reinstatement in such cases 
shall be under the terms and conditions prescribed by the Secretary. In 
any case in which the insured is shown by evidence satisfactory to the 
Secretary to be totally disabled at the expiration of the level premium 
 term period of the insurance under conditions which would entitle the 
insured to continued insurance protection but for such expiration, the 
     insurance, if subject to renewal under this section, shall be 
  automatically renewed for an additional period of five years at the 
premium rate for the then attained age, unless the insured has elected 
insurance on some other available plan. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1148, Sec. 705; Pub. L. 91291, Sec. 8, June 
    25, 1970, 84 Stat. 331; Pub. L. 99576, title VII, Sec. 
   701(22), Oct. 28, 1986, 100 Stat. 3292; renumbered Sec. 1905 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 
1991, 105 Stat. 404406.) ' 1906. Policy provisions Provisions 
for cash, loan, paid-up, and extended values, dividends from gains and 
savings, refund of unearned premiums, and such other provisions as may 
 be found to be reasonable and practicable may be provided for in the 
policy of insurance from time to time by regulations promulgated by the 
Secretary. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1149, Sec. 
  706; renumbered Sec. 1906 and amended Pub. L. 10283, Sec. 
  4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 
 1907. Payment or use of dividends (a) Until and unless the Secretary 
    has received from the insured a request or directive in writing 
       exercising any other dividend option allowable under the 
    insureds policy, any dividend accumulations and unpaid 
   dividends shall be applied in payment of premiums becoming due on 
insurance subsequent to the date the dividend is payable after January 
 1, 1952. (b) No claim by an insured for payment in cash of a special 
 dividend declared prior to January 1, 1952, shall be processed by the 
 Secretary unless such claim was received within six years after such 
  dividend was declared. Whenever any claim for payment of a special 
  dividend, the processing of which is barred by this subsection, is 
received by the Secretary, it shall be returned to the claimant, with a 
 copy of this subsection, and such action shall be a complete response 
 without further communication. (c) The Secretary, upon application in 
 writing made by the insured for insurance under this subsection, and 
 without proof of good health, is authorized to apply any dividend due 
 and payable on national service life insurance after the date of such 
 application to purchase paid up insurance. Also, the Secretary, upon 
 application in writing made by the insured during the one-year period 
   beginning September 1, 1991, and without proof of good health, is 
   authorized to apply any national service life insurance dividend 
   credits and deposits of such insured existing at the date of the 
  insureds application to purchase paid up insurance. After 
 September 1, 1992, the Secretary may, from time to time, provide for 
further one-year periods during which insureds may purchase additional 
paid up insurance from existing dividend credits and deposits. Any such 
period for the purchase of additional paid up insurance may be allowed 
only if the Secretary determines in the case of any such period that it 
     would be actuarially and administratively sound to do so. Any 
 dividends, dividend credits, or deposits on endowment policies may be 
    used under this subsection only to purchase additional paid up 
 endowment insurance which matures concurrently with the basic policy. 
 Any dividends, dividend credits, or deposits on policies (other than 
  endowment policies) may be used under this section only to purchase 
additional paid up whole life insurance. The paid up insurance granted 
 under this subsection shall be in addition to any insurance otherwise 
authorized under this title, or under prior provisions of law. The paid 
up insurance granted under this subsection shall be issued on the same 
   terms and conditions as are contained in the standard policies of 
 national service life insurance except (1) the premium rates for such 
 insurance and all cash and loan values thereon shall be based on such 
table of mortality and rate of interest per annum as may be prescribed 
by the Secretary; (2) the total disability income provision authorized 
 under section 1915 of this title may not be added to insurance issued 
  under this section; and (3) the insurance shall include such other 
   changes in terms and conditions as the Secretary determines to be 
reasonable and practicable. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1149, Sec. 707; Pub. L. 91291, Sec. 9, June 25, 1970, 84 
Stat. 331; Pub. L. 92188, Sec. 2, Dec. 15, 1971, 85 Stat. 645; 
Pub. L. 97295, Sec. 4(22), Oct. 12, 1982, 96 Stat. 1306; Pub. 
 L. 99576, title VII, Sec. 701(23), Oct. 28, 1986, 100 Stat. 
  3292; renumbered Sec. 1907 and amended Pub. L. 10283, Sec. 
4(a)(2)(A)(iii)(I), (C)(i), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 403406; Pub. L. 10286, title II, Sec. 203, 
 Aug. 14, 1991, 105 Stat. 416.) ' 1908. Premium payments The Secretary 
shall, by regulations, prescribe the time and method of payment of the 
premiums on insurance, but payments of premiums in advance shall not be 
   required for periods of more than one month each, and may at the 
 election of the insured be deducted from the insureds active-
service pay or be otherwise made. An amount equal to the first premium 
due under a National Service Life Insurance policy may be advanced from 
  current appropriations for active-service pay to any person in the 
  active service in the Army, Navy, Air Force, Marine Corps, or Coast 
 Guard, which amount shall constitute a lien upon any service or other 
pay accruing to the person for whom such advance was made and shall be 
collected therefrom if not otherwise paid. No disbursing or certifying 
 officer shall be responsible for any loss incurred by reason of such 
advance. Any amount so advanced in excess of available service or other 
  pay shall constitute a lien on the policy within the provisions of 
section 5301(b) of this title. (Pub. L. 85857, Sept. 2, 1958, 
   72 Stat. 1149, Sec. 708; Pub. L. 99576, title VII, Sec. 
 701(24), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 10240, title 
 IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1908 
and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 
 1991, 105 Stat. 404406.) ' 1909. Effective date of insurance 
 Insurance may be made effective, as specified in the application, not 
 later than the first day of the calendar month following the date of 
    application therefor, but the United States shall not be liable 
  thereunder for death occurring before such effective date. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1149, Sec. 709; renumbered Sec. 
1909, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
 ' 1910. Incontestability Subject to the provisions of section 1911 of 
    this title all contracts or policies of insurance heretofore or 
hereafter issued, reinstated, or converted shall be incontestable from 
   the date of issue, reinstatement, or conversion except for fraud, 
 nonpayment of premium, or on the ground that the applicant was not a 
 member of the military or naval forces of the United States. However, 
 in any case in which a contract or policy of insurance is canceled or 
  voided after March 16, 1954, because of fraud, the Secretary shall 
   refund to the insured, if living, or, if deceased, to the person 
 designated as beneficiary (or if none survives, to the estate of the 
insured) all money, without interest, paid as premiums on such contract 
 or policy for any period subsequent to two years after the date such 
   fraud induced the Secretary to issue, reinstate, or convert such 
   insurance less any dividends, loan, or other payment made to the 
 insured under such contract or policy. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1149, Sec. 710; renumbered Sec. 1910 and amended Pub. 
  L. 10283, Sec. 4(a)(2)(A)(iii)(II), (b)(1), (2)(E), 5(a), 
 (c)(1), Aug. 6, 1991, 105 Stat. 403406.) ' 1911. Forfeiture 
  Any person guilty of mutiny, treason, spying, or desertion, or who, 
because of conscientious objections, refuses to perform service in the 
  Armed Forces of the United States or refuses to wear the uniform of 
     such force, shall forfeit all rights to National Service Life 
   Insurance. No insurance shall be payable for death inflicted as a 
 lawful punishment for crime or for military or naval offense, except 
when inflicted by an enemy of the United States; but the cash surrender 
  value, if any, of such insurance on the date of such death shall be 
  paid to the designated beneficiary, if living, or otherwise to the 
 beneficiary or beneficiaries within the permitted class in accordance 
  with the order specified in section 1916(b) of this title. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1150, Sec. 711; renumbered Sec. 
  1911 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
    1991, 105 Stat. 406.) ' 1912. Total disability waiver (a) Upon 
application by the insured and under such regulations as the Secretary 
 may promulgate, payment of premiums on insurance may be waived during 
the continuous total disability of the insured, which continues or has 
continued for six or more consecutive months, if such disability began 
(1) after the date of the insureds application for insurance, 
 (2) while the insurance was in force under premium-paying conditions, 
      and (3) before the insureds sixty-fifth birthday. 
  Notwithstanding any other provision of this chapter, in any case in 
  which the total disability of the insured commenced on or after the 
 insureds sixtieth birthday but before the insureds 
   sixty-fifth birthday, the Secretary shall not grant waiver of any 
premium becoming due prior to January 1, 1965. (b) The Secretary, upon 
 any application made after August 1, 1947, shall not grant waiver of 
 any premium becoming due more than one year before the receipt by the 
   Secretary of application for the same, except as provided in this 
section. Any premiums paid for months during which waiver is effective 
   shall be refunded. The Secretary shall provide by regulations for 
examination or reexamination of an insured claiming benefits under this 
section, and may deny benefits for failure to cooperate. If it is found 
 that an insured is no longer totally disabled, the waiver of premiums 
shall cease as of the date of such finding and the policy of insurance 
may be continued by payment of premiums as provided in said policy. In 
   any case in which the Secretary finds that the insureds 
   failure to make timely application for waiver of premiums or the 
   insureds failure to submit satisfactory evidence of the 
 existence or continuance of total disability was due to circumstances 
beyond the insureds control, the Secretary may grant waiver or 
  continuance of waiver of premiums. (c) If the insured dies without 
 filing application for waiver, the beneficiary, within one year after 
the death of the insured, or, if the beneficiary is insane or a minor, 
   within one year after removal of such legal disability, may file 
application for waiver with evidence of the insureds right to 
 waiver under this section. Premium rates shall be calculated without 
charge for the cost of waiver of premiums provided in this section and 
 no deduction from benefits otherwise payable shall be made on account 
 thereof. (d) In any case in which an insured has been denied or would 
 have been denied premium waiver under section 602(n) of the National 
 Service Life Insurance Act of 1940 or this section solely because the 
 insured became totally disabled between the date of valid application 
 for insurance and the subsequent effective date thereof, and in which 
it is shown that (1) the total disability was incurred in line of duty 
  between October 8, 1940, and July 31, 1946, inclusive, or June 27, 
   1950, and April 30, 1951, inclusive, and (2) the insured remained 
continuously so totally disabled to the date of death or June 8, 1960, 
 whichever is earlier, the Secretary may grant waiver of premiums from 
  the beginning of and during the continuous total disability of such 
insured. Application for waiver of premiums under this subsection must 
   be filed by the insured or, in the event of the insureds 
 death, by the beneficiary within two years after June 8, 1960, except 
that if the insured or the beneficiary be insane or a minor within the 
 two-year period, application for such waiver may be filed within two 
 years after removal of such legal disability, or if an insane insured 
  shall die before the removal of the disability, application may be 
 filed by the beneficiary within two years after the insureds 
 death. No insurance shall be placed in force under this subsection in 
      any case in which there was an award of benefits under the 
 Servicemens Indemnity Act of 1951 or of gratuitous insurance 
under section 1922(b) of this title. The amount of insurance placed in 
 force hereunder together with any other United States Government life 
 insurance or national service life insurance in force at the time of 
 death, or at the time of the insureds application for waiver 
hereunder, may not exceed $10,000 and shall be reduced by the amount of 
   any gratuitous insurance awarded under the National Service Life 
 Insurance Act of 1940. Waiver of premiums under this subsection shall 
 render the insurance nonparticipating during the period such premium 
 waiver is in effect. The cost of waiver of premium and death benefits 
   paid as a result of this subsection shall be borne by the United 
  States. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1150, Sec. 
   712; Pub. L. 86497, June 8, 1960, 74 Stat. 164; Pub. L. 
  88364, July 7, 1964, 78 Stat. 302; Pub. L. 97295, 
Sec. 4(23), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 99576, title 
VII, Sec. 701(25), Oct. 28, 1986, 100 Stat. 3292; renumbered Sec. 1912 
   and amended Pub. L. 10283, Sec. 4(a)(2)(C)(ii), (b)(1), 
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.) ' 1913. 
Death before six months total disability Whenever premiums are 
not waived under section 1912 of this title solely because the insured 
 died prior to the continuance of total disability for six months, and 
  proof of such facts, satisfactory to the Secretary, is filed by the 
       beneficiary with the Department within one year after the 
 insureds death, the insurance shall be deemed to be in force 
 at the date of the death, and the unpaid premiums shall become a lien 
against the proceeds of the insurance. If the beneficiary is insane or 
a minor, proof of such facts may be filed within one year after removal 
 of such legal disability. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1150, Sec. 713; Pub. L. 99576, title VII, Sec. 701(26), 
Oct. 28, 1986, 100 Stat. 3292; renumbered Sec. 1913 and amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 
     6, 1991, 105 Stat. 404406.) ' 1914. Statutory total 
 disabilities Without prejudice to any other cause of disability, the 
permanent loss of the use of both feet, of both hands, or of both eyes, 
or of one foot and one hand, or of one foot and one eye, or of one hand 
and one eye, or the total loss of hearing of both ears, or the organic 
    loss of speech, shall be deemed total disability for insurance 
 purposes. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1151, Sec. 
 714; renumbered Sec. 1914, Pub. L. 10283, Sec. 5(a), Aug. 6, 
  1991, 105 Stat. 406.) ' 1915. Total disability income provision The 
 Secretary shall, except as hereinafter provided, upon application by 
the insured and proof of good health satisfactory to the Secretary and 
payment of such extra premium as the Secretary shall prescribe, include 
   in any National Service Life Insurance policy on the life of the 
   insured (except a policy issued under section 620 of the National 
  Service Life Insurance Act of 1940, or section 1922 of this title) 
   provisions whereby an insured who is shown to have become totally 
  disabled for a period of six consecutive months or more commencing 
  after the date of such application and before attaining the age of 
  sixty-five and while the payment of any premium is not in default, 
  shall be paid monthly disability benefits from the first day of the 
 seventh consecutive month of and during the continuance of such total 
disability of $10 for each $1,000 of such insurance in effect when such 
  benefits become payable. The total disability provision authorized 
 under this section shall not be issued unless application therefor is 
  made either prior to the insureds fifty-fifth birthday, or 
before the insureds sixtieth birthday and prior to January 1, 
  1966. The total disability provision authorized under this section 
shall not be added to a policy containing the total disability coverage 
  heretofore issued under section 602(v) of the National Service Life 
 Insurance Act of 1940, or the provisions of this section as in effect 
before January 1, 1965, except upon surrender of such total disability 
   coverage, proof of good health, if required, satisfactory to the 
  Secretary, and payment of such extra premium as the Secretary shall 
determine is required in such cases. Participating policies containing 
  additional provisions for the payment of disability benefits may be 
  separately classified for the purpose of dividend distribution from 
   otherwise similar policies not containing such benefits. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1151, Sec. 715; Pub. L. 
  88355, July 7, 1964,78 Stat. 272; renumbered Sec. 1915 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), 
   Aug. 6, 1991, 105 Stat. 404406.) ' 1916. Insurance which 
matured before August 1, 1946 (a) Insurance which matured before August 
1, 1946, is payable in the following manner: (1) If the beneficiary to 
whom payment is first made was under thirty years of age at the time of 
 maturity, in two hundred and forty equal monthly installments. (2) If 
the beneficiary to whom payment is first made was thirty or more years 
 of age at the time of maturity, in equal monthly installments for one 
hundred and twenty months certain, with such payments continuing during 
   the remaining lifetime of such beneficiary. (3) If elected by the 
insured or a beneficiary entitled to make such an election under prior 
  provisions of law, as a refund life income in monthly installments 
 payable for such period certain as may be required in order that the 
 sum of the installments certain, including a last installment of such 
 reduced amount as may be necessary, shall equal the face value of the 
    contract, less any indebtedness, with such payments continuing 
throughout the lifetime of the first beneficiary. A refund life income 
    optional settlement is not available in any case in which such 
  settlement would result in payments of installments over a shorter 
 period than one hundred and twenty months. If the mode of payment is 
changed to a refund life income in accordance with prior provisions of 
law, after payment has commenced, payment of monthly installments will 
be adjusted as of the date of maturity of such policy with credit being 
    allowed for payments previously made on the insurance. (b) Such 
  insurance shall be payable only to a widow, widower, child, parent, 
  brother or sister of the insured. Any installments certain of such 
  insurance remaining unpaid at the death of any beneficiary shall be 
 paid in equal monthly installments in an amount equal to the monthly 
 installments paid to the first beneficiary, to the person or persons 
  then in being within the following classes, and in the order named, 
unless designated by the insured in a different order: (1) To the widow 
 or widower of the insured, if living. (2) If no widow or widower, to 
 the child or children of the insured, if living, in equal shares. (3) 
If no widow, widower, or child, to the parent or parents of the insured 
who last bore that relationship, if living, in equal shares. (4) If no 
 widow, widower, child, or parent, to the brothers and sisters of the 
insured, if living, in equal shares. (c) The provisions of this section 
    shall not be construed to enlarge the classes of beneficiaries 
heretofore authorized under section 602(d) of the National Service Life 
 Insurance Act of 1940, for payment of gratuitous insurance. (d) If no 
   beneficiary of insurance which matured before August 1, 1946, was 
  designated by the insured or if the designated beneficiary did not 
survive the insured, the beneficiary shall be determined in accordance 
 with the order specified in subsection (b) and the insurance shall be 
  payable in equal monthly installments in accordance with subsection 
  (a). The right of any beneficiary to payment of any installments of 
  such insurance shall be conditioned upon his or her being alive to 
   receive such payments. No person shall have a vested right to any 
installment or installments of any such insurance and any installments 
 not paid to a beneficiary during such beneficiarys lifetime 
shall be paid to the beneficiary or beneficiaries within the permitted 
class next entitled to priority, as provided in subsection (b). (e) No 
installments of insurance which matured before August 1, 1946, shall be 
paid to the heirs or legal representatives as such of the insured or of 
 any beneficiary, and if no person within the permitted class survives 
 to receive the insurance or any part thereof no payment of the unpaid 
installments shall be made, except that if the reserve of a contract of 
  converted National Service Life Insurance, together with dividends 
accumulated thereon, less any indebtedness under such contract, exceeds 
the aggregate amount paid to beneficiaries, the excess shall be paid to 
   the estate of the insured unless the estate of the insured would 
escheat under the laws of the insureds place of residence, in 
which event no payment shall be made. When the amount of an individual 
monthly payment of such insurance is less than $5, such amount may, in 
   the discretion of the Secretary, be allowed to accumulate without 
interest and be disbursed annually. (f) Any payments of insurance made 
  to a person, represented by the insured to be within the permitted 
class of beneficiaries, shall be deemed to have been properly made and 
    to satisfy fully the obligation of the United States under such 
       insurance policy to the extent of such payments. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1151, Sec. 716; Pub. L. 
99576, title VII, Sec. 701(27), Oct. 28, 1986, 100 Stat. 3292; 
renumbered Sec. 1916 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
10286, title V, Sec. 506(a)(2), Aug. 14, 1991, 105 Stat. 426.) 
 ' 1917. Insurance maturing on or after August 1, 1946 (a) The insured 
 shall have the right to designate the beneficiary or beneficiaries of 
 insurance maturing on or after August 1, 1946, and shall, subject to 
 regulations, at all times have the right to change the beneficiary or 
beneficiaries of such insurance without the consent of such beneficiary 
 or beneficiaries. (b) Insurance maturing on or after August 1, 1946, 
  shall be payable in accordance with the following optional modes of 
 settlement: (1) In one sum. (2) In equal monthly installments of from 
thirty-six to two hundred and forty in number, in multiples of twelve. 
  (3) In equal monthly installments for one hundred and twenty months 
certain with such payments continuing during the remaining lifetime of 
     the first beneficiary. (4) As a refund life income in monthly 
  installments payable for such period certain as may be required in 
   order that the sum of the installments certain, including a last 
installment of such reduced amount as may be necessary, shall equal the 
 face value of the contract, less any indebtedness, with such payments 
 continuing throughout the lifetime of the first beneficiary; however, 
 such optional settlement shall not be available in any case in which 
such settlement would result in payments of installments over a shorter 
 period than one hundred and twenty months. (c) Except as provided in 
 the second and third sentences of this subsection, unless the insured 
 elects some other mode of settlement, such insurance shall be payable 
  to the designated beneficiary or beneficiaries in thirty-six equal 
   monthly installments. The first beneficiary may elect to receive 
   payment under any option which provides for payment over a longer 
period of time than the option elected by the insured, or if no option 
has been elected by the insured, in excess of thirty-six months. In the 
 case of insurance maturing after September 30, 1981, and for which no 
option has been elected by the insured, the first beneficiary may elect 
to receive payment in one sum. If the option selected requires payment 
 to any one beneficiary of monthly installments of less than $10, the 
amount payable to such beneficiary shall be paid in such maximum number 
 of monthly installments as are a multiple of twelve as will provide a 
 monthly installment of not less than $10. If the present value of the 
  amount payable at the time any person initially becomes entitled to 
   payment thereof is not sufficient to pay at least twelve monthly 
installments of not less than $10 each, such amount shall be payable in 
   one sum. Options (3) and (4) shall not be available if any firm, 
  corporation, legal entity (including the estate of the insured), or 
  trustee is beneficiary. (d) If the beneficiary of such insurance is 
    entitled to a lump-sum settlement but elects some other mode of 
 settlement and dies before receiving all the benefits due and payable 
   under such mode of settlement, the present value of the remaining 
unpaid amount shall be payable to the estate of the beneficiary. If no 
    beneficiary is designated by the insured, or if the designated 
     beneficiary does not survive the insured, or if a designated 
beneficiary not entitled to a lump-sum settlement survives the insured, 
 and dies before receiving all the benefits due and payable, then the 
 commuted value of the remaining unpaid insurance (whether accrued or 
not) shall be paid in one sum to the estate of the insured. In no event 
   shall there be any payment to the estate of the insured or of the 
beneficiary of any sums unless it is shown that any sums paid will not 
 escheat. (e) Under such regulations as the Secretary may promulgate, 
the cash surrender value of any policy of insurance or the proceeds of 
  an endowment contract which matures by reason of completion of the 
endowment period may be paid to the insured under option (2) or (4) of 
   this section. All settlements under option (4), however, shall be 
 calculated on the basis of The Annuity Table for 1949. If the option 
selected requires payment of monthly installments of less than $10, the 
    amount payable shall be paid in such maximum number of monthly 
  installments as are a multiple of twelve as will provide a monthly 
  installment of not less than $10. (f)(1) Following the death of the 
  insured and in a case not covered by subsection (d) (A) if the 
 first beneficiary otherwise entitled to payment of the insurance does 
 not make a claim for such payment within two years after the death of 
 the insured, payment may be made to another beneficiary designated by 
 the insured, in the order of precedence as designated by the insured, 
 as if the first beneficiary had predeceased the insured; and (B) if, 
  within four years after the death of the insured, no claim has been 
 filed by a person designated by the insured as a beneficiary and the 
 Secretary has not received any notice in writing that any such claim 
will be made, payment may (notwithstanding any other provision of law) 
   be made to such person as may in the judgment of the Secretary be 
 equitably entitled thereto. (2) Payment of insurance under paragraph 
     (1) shall be a bar to recovery by any other person. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1152, Sec. 717; Pub. L. 
     91291, Sec. 10, June 25, 1970, 84 Stat. 331; Pub. L. 
  9766, title IV, Sec. 403(a), Oct. 17, 1981, 95 Stat. 1031; 
renumbered Sec. 1917 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
108183, title I, Sec. 103(a), Dec. 16, 2003, 117 Stat. 2655.) 
     ' 1918. Assignments (a) Assignments of all or any part of the 
beneficiarys interest may be made by a designated beneficiary 
 to a widow, widower, child, father, mother, grandfather, grandmother, 
   brother, or sister of the insured, when the designated contingent 
 beneficiary, if any, joins the beneficiary in the assignment, and if 
the assignment is delivered to the Secretary before any payments of the 
insurance shall have been made to the beneficiary. However, an interest 
    in an annuity, when assigned, shall be payable in equal monthly 
   installments in such multiple of twelve as most nearly equals the 
 number of installments certain under such annuity, or in two hundred 
and forty installments, whichever is the lesser. The provisions of this 
subsection shall not be applicable to insurance maturing after July 26, 
   1962. (b) Except as to insurance granted under the provisions of 
 section 1922(b) of this title, any person to whom insurance maturing 
 after July 26, 1962, is payable may assign all or any portion of such 
persons interest in such insurance to a widow, widower, child, 
  father, mother, grandfather, grandmother, brother, or sister of the 
 insured when the designated contingent beneficiary, if any, joins the 
 beneficiary in the assignment. Such joinder shall not be required in 
  any case in which the insurance proceeds are payable in a lump sum. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1153, Sec. 718; Pub. 
    L. 87557, Sec. 1, July 27, 1962, 76 Stat. 245; Pub. L. 
96128, title III, Sec. 304, Nov. 28, 1979, 93 Stat. 986; Pub. 
L. 97295, Sec. 4(24), Oct. 12, 1982, 96 Stat. 1306; renumbered 
          Sec. 1918 and amended Pub. L. 10283, Sec. 
4(a)(2)(A)(iii)(III), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 406.) 
' 1919. National Service Life Insurance appropriation (a) The National 
    Service Life Insurance appropriation is continued and there is 
  authorized to be appropriated, out of any money in the Treasury not 
otherwise appropriated, such sums as may be necessary to carry out the 
provisions of this chapter and the provisions heretofore prescribed in 
 the National Service Life Insurance Act of 1940, or related Acts, for 
   the payment of liabilities under National Service Life Insurance. 
 Payment from this appropriation shall be made upon and in accordance 
with awards by the Secretary. (b) All premiums heretofore and hereafter 
 paid on insurance issued or reinstated under section 602(v)(1) of the 
 National Service Life Insurance Act of 1940 where the requirement of 
good health was waived under such section because of a service-incurred 
injury or disability shall be credited directly to the National Service 
 Life Insurance appropriation and any payments of benefits heretofore 
 and hereafter made on such insurance shall be made directly from such 
 appropriation. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1154, 
  Sec. 719; Pub. L. 98160, title VII, Sec. 702(5), Nov. 21, 
     1983, 97 Stat. 1009; renumbered Sec. 1919 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406; Pub. L. 105 368, title III, Sec. 304(a), Nov. 
11, 1998, 112 Stat. 3334.) ' 1920. National Service Life Insurance Fund 
(a) The National Service Life Insurance Fund heretofore created in the 
 Treasury is continued as a permanent trust fund. Except as otherwise 
  provided in this chapter, all premiums paid on account of National 
Service Life Insurance shall be deposited and covered into the Treasury 
   to the credit of such fund, which, together with interest earned 
 thereon, shall be available for the payment of liabilities under such 
   insurance, including payment of dividends and refunds of unearned 
   premiums, and for the reimbursement of administrative costs under 
   subsection (c). Payments from this fund shall be made upon and in 
     accordance with awards by the Secretary. (b) The Secretary is 
authorized to set aside out of such fund such reserve amounts as may be 
 required under accepted actuarial principles to meet all liabilities 
 under such insurance; and the Secretary of the Treasury is authorized 
  to invest and reinvest such fund, or any part thereof, in interest-
 bearing obligations of the United States or in obligations guaranteed 
  as to principal and interest by the United States, and to sell such 
obligations for the purposes of such fund. (c)(1) For each fiscal year 
 for which this subsection is in effect, the Secretary shall, from the 
National Service Life Insurance Fund, reimburse the General 
operating expenses account of the Department for the 
amount of administrative costs determined under paragraph (2) for that 
fiscal year. Such reimbursement shall be made from any surplus earnings 
for that fiscal year that are available for dividends on such insurance 
 after claims have been paid and actuarially determined reserves have 
  been set aside. However, if the amount of such administrative costs 
 exceeds the amount of such surplus earnings, such reimbursement shall 
be made only to the extent of such surplus earnings. (2) The Secretary 
shall determine the administrative costs to the Department for a fiscal 
 year for which this subsection is in effect which, in the judgment of 
  the Secretary, are properly allocable to the provision of National 
 Service Life Insurance (and to the provision of any total disability 
 income insurance added to the provision of such insurance). (3) This 
 subsection shall be in effect only with respect to fiscal year 1996. 
   (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1154, Sec. 720; 
renumbered Sec. 1920 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
10499, title II, Sec. 201(b), Jan. 26, 1996, 110 Stat. 36.) ' 
 1921. Extra hazard costs (a) The United States shall bear the excess 
 mortality cost and the cost of waiver of premiums on account of total 
disability traceable to the extra hazard of military or naval service, 
    as such hazard may be determined by the Secretary. (b) Whenever 
  benefits under insurance become payable because of the death of the 
   insured as the result of disease or injury traceable to the extra 
 hazard of military or naval service, as such hazard may be determined 
 by the Secretary, the liability for payment of such benefits shall be 
   borne by the United States in an amount which, when added to the 
 reserve of the policy at the time of death of the insured will equal 
     the then value of such benefits under such policy. Where life 
  contingencies are involved in the calculation of the value of such 
benefits of insurance heretofore or hereafter matured, the calculation 
  of such liability or liabilities shall be based upon such mortality 
  table or tables as the Secretary may prescribe with interest at the 
rate of 3 per centum per annum. The Secretary shall transfer from time 
 to time from the National Service Life Insurance appropriation to the 
 National Service Life Insurance Fund such sums as may be necessary to 
  carry out the provisions of this section. (c) Whenever the premiums 
   under insurance are waived because of the total disability of the 
   insured as the result of disease or injury traceable to the extra 
 hazard of military or naval service, as such hazard may be determined 
 by the Secretary, the premiums so waived shall be paid by the United 
  States and the Secretary shall transfer from time to time an amount 
  equal to the amount of such premiums from the National Service Life 
 Insurance appropriation to the National Service Life Insurance Fund. 
   (d) Whenever benefits under the total disability income provision 
  become, or have become, payable because of total disability of the 
insured as a result of disease or injury traceable to the extra hazard 
 of the military or naval service, as such hazard may be determined by 
 the Secretary, the liability shall be borne by the United States, and 
 the Secretary shall transfer from the National Service Life Insurance 
appropriation to the National Service Life Insurance Fund from time to 
 time any amounts which become, or have become, payable to the insured 
on account of such total disability, and to transfer from the National 
  Service Life Insurance Fund to the National Service Life Insurance 
 appropriation the amount of the reserve held on account of the total 
disability benefit. When a person receiving such payments on account of 
total disability recovers from such disability, and is then entitled to 
 continue protection under the total disability income provision, the 
Secretary shall transfer to the National Service Life Insurance Fund a 
   sum sufficient to set up the then required reserve on such total 
disability benefit. (e) Any disability for which a waiver was required 
as a condition to tendering a person a commission under Public Law 816, 
Seventy-seventh Congress, shall be deemed to be a disability resulting 
from an injury or disease traceable to the extra hazard of military or 
   naval service for the purpose of applying this section. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1154, Sec. 721; renumbered Sec. 
 1921 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), 
  Aug. 6, 1991, 105 Stat. 404406.) ' 1922. Service disabled 
veterans insurance (a) Any person who is released from active 
    military, naval, or air service, under other than dishonorable 
conditions on or after April 25, 1951, and is found by the Secretary to 
 be suffering from a disability or disabilities for which compensation 
  would be payable if 10 per centum or more in degree and except for 
which such person would be insurable according to the standards of good 
health established by the Secretary, shall, upon application in writing 
    made within two years from the date service-connection of such 
 disability is determined by the Secretary and payment of premiums as 
provided in this subchapter, be granted insurance by the United States 
 against the death of such person occurring while such insurance is in 
   force. If such a person is shown by evidence satisfactory to the 
Secretary to have been mentally incompetent during any part of the two-
year period, application for insurance under this section may be filed 
  within two years after a guardian is appointed or within two years 
 after the removal of such disability as determined by the Secretary, 
  whichever is the earlier date. If the guardian was appointed or the 
removal of the disability occurred before January 1, 1959, application 
  for insurance under this section may be made within two years after 
 that date. Insurance granted under this section shall be issued upon 
the same terms and conditions as are contained in the standard policies 
  of National Service Life Insurance except (1) the premium rates for 
   such insurance shall be based on the Commissioners 1941 Standard 
   Ordinary Table of Mortality and interest at the rate of 2 1/4 per 
  centum per annum; (2) all cash, loan, paid-up, and extended values 
 shall be based upon the Commissioners 1941 Standard Ordinary Table of 
 Mortality and interest at the rate of 2 1/4 per centum per annum; (3) 
all settlements on policies involving annuities shall be calculated on 
the basis of The Annuity Table for 1949, and interest at the rate of 2 
  1/4 per centum per annum; (4) insurance granted under this section 
    shall be on a nonparticipating basis and all premiums and other 
collections therefor shall be credited directly to a revolving fund in 
 the Treasury of the United States, and any payments on such insurance 
 shall be made directly from such fund; and (5) administrative support 
   financed by the appropriations for General Operating 
    Expenses, Department of Veterans Affairs and 
  Information Technology Systems, Department of Veterans 
   Affairs for the program of insurance under this 
    section shall be paid from premiums credited to the fund under 
paragraph (4), and payments for claims against the fund under paragraph 
 (4) for amounts in excess of amounts credited to such fund under that 
  paragraph (after such administrative costs have been paid) shall be 
 paid from appropriations to the fund. Appropriations to such fund are 
hereby authorized. As to insurance issued under this section, waiver of 
   premiums pursuant to section 602(n) of the National Service Life 
   Insurance Act of 1940 and section 1912 of this title shall not be 
denied on the ground that the service-connected disability became total 
before the effective date of such insurance. (b)(1) Any person who, on 
 or after April 25, 1951, was otherwise qualified for insurance under 
 the provisions of section 620 of the National Service Life Insurance 
 Act of 1940, or under subsection (a) of this section, but who did not 
 apply for such insurance and who is shown by evidence satisfactory to 
  the Secretary (A) to have been mentally incompetent from a service-
 connected disability, (i) at the time of release from active service, 
   or (ii) during any part of the two-year period from the date the 
     service connection of a disability is first determined by the 
Secretary, or (iii) after release from active service but is not rated 
service-connected disabled by the Secretary until after death; and (B) 
  to have remained continuously so mentally incompetent until date of 
 death; and (C) to have died before the appointment of a guardian, or 
 within two years after the appointment of a guardian; shall be deemed 
to have applied for and to have been granted such insurance, as of the 
   date of death, in an amount which, together with any other United 
 States Government or National Service life insurance in force, shall 
  aggregate $10,000. The date to be used for determining whether such 
    person was insurable according to the standards of good health 
    established by the Secretary, except for the service-connected 
  disability, shall be the date of release from active service or the 
 date the person became mentally incompetent, whichever is the later. 
   (2) Payments of insurance granted under subsection (b)(1) of this 
 section shall be made only to the following beneficiaries and in the 
order named (A) to the widow or widower of the insured, if living 
and while unremarried; (B) if no widow or widower entitled thereto, to 
 the child or children of the insured, if living, in equal shares; (C) 
  if no widow or widower or child entitled thereto, to the parent or 
 parents of the insured who last bore that relationship, if living, in 
  equal shares. (3) No application for insurance payments under this 
 subsection shall be valid unless filed with the Secretary within two 
years after the date of death of the insured or before January 1, 1961, 
whichever is the later, and the relationship of the applicant shall be 
proved as of the date of death of the insured by evidence satisfactory 
    to the Secretary. Persons shown by evidence satisfactory to the 
Secretary to have been mentally or legally incompetent at the time the 
right to apply for death benefits expires, may make such application at 
  any time within one year after the removal of such disability. (4) 
   Notwithstanding section 1917 of this title, insurance under this 
    subsection shall be payable to the beneficiary determined under 
paragraph (2) of this subsection in a lump sum. (c) The premium rate of 
   any term insurance issued under this section shall not exceed the 
renewal age 70 premium rate. (Pub. L. 85857, Sept. 2, 1958, 72 
    Stat. 1155, Sec. 722; renumbered Sec. 1922 and amended Pub. L. 
10283, Sec. 4(a)(2)(A)(iii)(IV), (D)(i), (b)(1), (2)(E), 5(a), 
       (c)(1), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 
10286, title II, Sec. 201(a), 202(a), Aug. 14, 1991, 105 Stat. 
415, 416; Pub. L. 103446, title XII, Sec. 1201(i)(2), Nov. 2, 
1994, 108 Stat. 4688; Pub. L. 106419, title III, Sec. 311(a), 
 Nov. 1, 2000, 114 Stat. 1854; Pub. L. 110389, title IV, Sec. 
 404, Oct. 10, 2008, 122 Stat. 4175; Pub. L. 111117, div. E, 
     title II, Sec. 226, Dec. 16, 2009, 123 Stat. 3307.) ' 1922A. 
 Supplemental service disabled veterans insurance for totally 
disabled veterans (a) Any person insured under section 1922(a) of this 
title who qualifies for a waiver of premiums under section 1912 of this 
   title is eligible, as provided in this section, for supplemental 
   insurance in an amount not to exceed $20,000. (b) To qualify for 
 supplemental insurance under this section a person must file with the 
 Secretary an application for such insurance. Such application must be 
 filed not later than (1) October 31, 1993, or (2) the end of the one-
 year period beginning on the date on which the Secretary notifies the 
   person that the person is entitled to a waiver of premiums under 
   section 1912 of this title, whichever is later. (c) Supplemental 
  insurance granted under this section shall be granted upon the same 
terms and conditions as insurance granted under section 1922(a) of this 
title, except that such insurance may not be granted to a person under 
 this section unless the application is made for such insurance before 
the person attains 65 years of age. (d) No waiver of premiums shall be 
made in the case of any person for supplemental insurance granted under 
 this section. (Added Pub. L. 102568, title II, Sec. 203(a), 
 Oct. 29, 1992, 106 Stat. 4324; amended Pub. L. 103446, title 
      XII, Sec. 1201(f)(1), Nov. 2, 1994, 108 Stat. 4687; Pub. L. 
   111 275, title IV, Sec. 401(a), Oct. 13, 2010, 124 Stat. 
 2879.) ' 1923. Veterans Special Life Insurance (a) Insurance 
heretofore granted under the provisions of section 621 of the National 
     Service Life Insurance Act of 1940, against the death of the 
policyholder occurring while such insurance is in force, is subject to 
the same terms and conditions as are contained in standard policies of 
  National Service Life Insurance on the five-year level premium term 
plan except (1) such insurance may not be exchanged for or converted to 
 insurance on any other plan; (2) the premium rates for such insurance 
  shall be based on the Commissioners 1941 Standard Ordinary Table of 
 Mortality and interest at the rate of 2 1/4 per centum per annum; (3) 
all settlements on policies involving annuities shall be calculated on 
the basis of The Annuity Table for 1949, and interest at the rate of 2 
  1/4 per centum per annum; (4) all premiums and other collections on 
such insurance and any total disability provisions added thereto shall 
 be credited to a revolving fund in the Treasury of the United States, 
 which, together with interest earned thereon, shall be available for 
     the payment of liabilities under such insurance and any total 
 disability provisions added thereto, including payments of dividends 
    and refunds of unearned premiums, and for the reimbursement of 
   administrative costs under subsection (d). (b) Any term insurance 
   heretofore issued under section 621 of the National Service Life 
    Insurance Act of 1940, may be converted to a permanent plan of 
 insurance or exchanged for a policy of limited convertible five-year 
 level premium term insurance issued under this subsection. Insurance 
 issued under this subsection shall be issued upon the same terms and 
   conditions as are contained in the standard policies of National 
  Service Life Insurance except (1) after September 1, 1960, limited 
  convertible term insurance may not be issued or renewed on the term 
  plan after the insureds fiftieth birthday; (2) the premium 
  rates for such limited convertible term or permanent plan insurance 
  shall be based on table X-18 (195054 Intercompany Table of 
Mortality) and interest at the rate of 2 1/2 per centum per annum; (3) 
  all settlements on policies involving annuities on insurance issued 
 under this subsection shall be calculated on the basis of The Annuity 
Table for 1949, and interest at the rate of 2 1/2 per centum per annum; 
   (4) all cash, loan, paid-up, and extended values, and, except as 
   otherwise provided in this subsection, all other calculations in 
 connection with insurance issued under this subsection shall be based 
 on table X-18 (1950 54 Intercompany Table of Mortality) and 
 interest at the rate of 2 1/2 per centum per annum; (5) all premiums 
and other collections on insurance issued under this subsection and any 
  total disability income provisions added thereto shall be credited 
 directly to the revolving fund referred to in subsection (a) of this 
    section, which together with interest earned thereon, shall be 
 available for the payment of liabilities under such insurance and any 
   total disability provisions added thereto, including payments of 
   dividends and refunds of unearned premiums. (c) The Secretary is 
     authorized to invest in, and the Secretary of the Treasury is 
authorized to sell and retire, special interest-bearing obligations of 
the United States for the account of the revolving fund with a maturity 
date as may be agreed upon by the two Secretaries. The rate of interest 
on such obligations shall be fixed by the Secretary of the Treasury at 
  a rate equal to the rate of interest, computed as of the end of the 
  month preceding the date of issue of such obligations, borne by all 
   marketable interest-bearing obligations of the United States then 
 forming a part of the public debt that are not due or callable until 
  after the expiration of five years from the date of original issue; 
except that where such average rate is not a multiple of one-eighth of 
  1 per centum, the rate of interest of such obligations shall be the 
   multiple of one-eighth of 1 per centum nearest such average rate. 
(d)(1) For each fiscal year for which this subsection is in effect, the 
  Secretary shall, from the Veterans Special Life Insurance 
           Fund, reimburse the General operating 
expenses account of the Department for the amount of 
  administrative costs determined under paragraph (2) for that fiscal 
 year. Such reimbursement shall be made from any surplus earnings for 
  that fiscal year that are available for dividends on such insurance 
 after claims have been paid and actuarially determined reserves have 
  been set aside. However, if the amount of such administrative costs 
 exceeds the amount of such surplus earnings, such reimbursement shall 
be made only to the extent of such surplus earnings. (2) The Secretary 
shall determine the administrative costs to the Department for a fiscal 
 year for which this subsection is in effect which, in the judgment of 
       the Secretary, are properly allocable to the provision of 
 Veterans Special Life Insurance (and to the provision of any 
   total disability income insurance added to the provision of such 
insurance). (3) This subsection shall be in effect only with respect to 
  fiscal year 1996. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
 1157, Sec. 723; Pub. L. 85896, Sept. 2, 1958, 72 Stat. 1716; 
     Pub. L. 87223, Sept. 13, 1961, 75 Stat. 495; Pub. L. 
93289, Sec. 2(a), May 24, 1974, 88 Stat. 165; renumbered Sec. 
  1923 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(C), (E), 
5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 104 99, 
title II, Sec. 201(b), Jan. 26, 1996, 110 Stat. 36.) ' 1924. In-service 
   waiver of premiums (a) Waiver of all premiums on five-year level 
  premium term insurance and that portion of any permanent insurance 
     premiums representing the cost of the pure insurance risk, as 
determined by the Secretary, granted on National Service Life Insurance 
  or United States Government life insurance under section 622 of the 
National Service Life Insurance Act of 1940 and in effect on January 1, 
   1959, shall, unless canceled, continue in effect according to the 
 provisions of such section for the remainder of the insureds 
     continuous active service and for one hundred and twenty days 
   thereafter. Such premium waiver renders the contract of insurance 
    nonparticipating during the period the waiver is in effect. (b) 
   Whenever benefits become payable because of the maturity of such 
  insurance while under the premium waiver continued by this section, 
  liability for payment of such benefits shall be borne by the United 
 States in an amount which, when added to any reserve of the policy at 
the time of maturity, will equal the then value of such benefits under 
 such policy. Where life contingencies are involved in the calculation 
  of the value of such benefits, the calculation of such liability or 
 liabilities shall be based upon such mortality table or tables as the 
 Secretary may prescribe with interest at the rate of 2 1/4 per centum 
  per annum as to insurance issued under sections 620 and 621 of the 
   National Service Life Insurance Act of 1940, at the rate of 3 per 
centum per annum as to other National Service Life Insurance, and 3 1/2 
per centum per annum as to United States Government life insurance. The 
 Secretary shall transfer from time to time from the National Service 
  Life Insurance appropriation to the National Service Life Insurance 
  Fund and from the military and naval insurance appropriation to the 
   United States Government Life Insurance Fund such sums as may be 
necessary to carry out the provisions of this section. (c) In any case 
in which insurance continued in force under this section matures on or 
after January 1, 1972, an amount equal to the amount of premiums, less 
    dividends, waived on and after that date shall be placed as an 
indebtedness against the insurance and, unless otherwise paid, shall be 
    deducted from the proceeds. In such case, the liability of the 
Government under subsection (b) of this section shall be reduced by the 
amount so deducted from the proceeds. (Pub. L. 85857, Sept. 2, 
1958, 72 Stat. 1157, Sec. 724; Pub. L. 92197, Sec. 7, Dec. 15, 
     1971, 85 Stat. 662; renumbered Sec. 1924 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406.) ' 1925. Limited period for acquiring insurance (a) 
 Any person (other than a person referred to in subsection (f) of this 
    section) heretofore eligible to apply for National Service Life 
  Insurance after October 7, 1940, and before January 1, 1957, who is 
  found by the Secretary to be suffering (1) from a service-connected 
 disability or disabilities for which compensation would be payable if 
10 percent or more in degree and except for which such person would be 
insurable according to the standards of good health established by the 
Secretary; or (2) from a non-service-connected disability which renders 
   such person uninsurable according to the standards of good health 
    established by the Secretary and such person establishes to the 
  satisfaction of the Secretary that such person is unable to obtain 
     commercial life insurance at a substandard rate, shall, upon 
  application in writing made before May 2, 1966, compliance with the 
    health requirements of this section and payment of the required 
      premiums, be granted insurance under this section. (b) If, 
 notwithstanding the applicants service-connected disability, 
  such person is insurable according to the standards of good health 
established by the Secretary, the insurance granted under this section 
shall be issued upon the same terms and conditions as are contained in 
  the standard policies of National Service Life Insurance except (1) 
 five-year level premium term insurance may not be issued; (2) the net 
    premium rates shall be based on the 1958 Commissioners Standard 
Ordinary Basic Mortality Table, increased at the time of issue by such 
    an amount as the Secretary determines to be necessary for sound 
 actuarial operations, and thereafter such premiums may be adjusted as 
  the Secretary determines to be so necessary but at intervals of not 
less than two years; (3) an additional premium to cover administrative 
  costs to the Government as determined by the Secretary at times of 
 issue shall be charged for insurance issued under this subsection and 
    for any total disability income provision attached thereto, and 
thereafter such costs may be adjusted as the Secretary determines to be 
 necessary but at intervals of not less than five years; (4) all cash, 
loan, extended and paid-up insurance values shall be based on the 1958 
    Commissioners Standard Ordinary Basic Mortality Table; (5) all 
settlements on policies involving annuities shall be calculated on the 
basis of The Annuity Table for 1949; (6) all calculations in connection 
with insurance issued under this subsection shall be based on interest 
  at the rate of 3 1/2 percent per annum; and (7) the insurance shall 
  include such other changes in terms and conditions as the Secretary 
        determines to be reasonable and practicable. (c) If the 
applicants service-connected disability or disabilities render 
  the applicant uninsurable according to the standards of good health 
  established by the Secretary, or if the applicant has a non-service-
connected disability which renders the applicant uninsurable according 
 to the standards of good health established by the Secretary and such 
   person establishes to the satisfaction of the Secretary that such 
 person is unable to obtain commercial life insurance at a substandard 
rate and such uninsurability existed as of the date of approval of this 
section, the insurance granted under this section shall be issued upon 
the same terms and conditions as are contained in standard policies of 
  National Service Life Insurance, except (1) five-year level premium 
  term insurance may not be issued; (2) the premiums charged for the 
 insurance issued under this subsection shall be increased at the time 
of issue by such an amount as the Secretary determines to be necessary 
  for sound actuarial operations and thereafter such premiums may be 
adjusted from time to time as the Secretary determines to be necessary; 
 for the purpose of any increase at time of issue or later adjustment 
the service-connected group and the non-service-connected group may be 
       separately classified; (3) an additional premium to cover 
 administrative costs to the Government as determined by the Secretary 
 at the time of issue shall be charged for insurance issued under this 
   subsection and for any total disability income provision attached 
 thereto (for which the insured may subsequently become eligible) and 
thereafter such costs may be adjusted as the Secretary determines to be 
  necessary but at intervals of not less than five years and for this 
    purpose the service-connected and non-service-connected can be 
   separately classified; (4) all settlements on policies involving 
  annuities shall be calculated on the basis of The Annuity Table for 
 1949; (5) all calculations in connection with insurance issued under 
this subsection shall be based on interest at the rate of 3 1/2 percent 
 per annum; and (6) the insurance shall include such other changes in 
 terms and conditions as the Secretary determines to be reasonable and 
 practicable. (d)(1) All premiums and collections on insurance issued 
  pursuant to this section and any total disability income provision 
 attached thereto shall be credited to the Veterans Reopened Insurance 
   Fund, a revolving fund established in the Treasury of the United 
  States, and all payments on such insurance and any total disability 
provision attached thereto, including payments of dividends and refunds 
  of unearned premiums, shall be made from that fund and the interest 
    earned on the assets of that fund. For actuarial and accounting 
    purposes, the assets and liabilities (including liabilities for 
    repayment of advances hereinafter authorized, and adjustment of 
  premiums) attributable to the insured groups established under this 
 section shall be separately determined. Such amounts in the Veterans 
 Special Term Insurance Fund in the Treasury, not exceeding $1,650,000 
in the aggregate, as may hereafter be determined by the Secretary to be 
    in excess of the actuarial liabilities of that fund, including 
 contingency reserves, shall be available for transfer to the Veterans 
   Reopened Insurance Fund as needed to provide initial capital. Any 
     amounts so transferred shall be repaid to the Treasury over a 
reasonable period of time with interest as determined by the Secretary 
  of the Treasury taking into consideration the average yield on all 
    marketable interest-bearing obligations of the United States of 
 comparable maturities then forming a part of the public debt. (2) The 
    Secretary is authorized to set aside out of the revolving fund 
established under this section such reserve amounts as may be required 
    under accepted actuarial principles to meet all liabilities on 
  insurance issued under this section and any total disability income 
provision attached thereto. The Secretary of the Treasury is authorized 
     to invest in and to sell and retire special interest-bearing 
obligations of the United States for the account of the revolving fund. 
 Such obligations issued for this purpose shall have maturities fixed 
with due regard for the needs of the fund and shall bear interest at a 
 rate equal to the average market yield (computed by the Secretary of 
  the Treasury on the basis of market quotations as of the end of the 
  calendar month next preceding the date of issue) on all marketable 
 interest-bearing obligations of the United States then forming a part 
   of the public debt which are not due or callable until after the 
 expiration of four years from the end of such calendar month; except 
that where such average market yield is not a multiple of one-eighth of 
    1 percent, the rate of interest of such obligation shall be the 
  multiple of one-eighth of 1 percent nearest such market yield. (3) 
   Notwithstanding the provisions of section 1982 of this title, the 
Secretary shall, from time to time, determine the administrative costs 
    to the Government which in the Secretarys judgment are 
properly allocable to insurance issued under this section and any total 
 disability income provision attached thereto, and shall transfer from 
the revolving fund, the amount of such cost allocable to the Department 
 to the appropriations for General Operating Expenses and 
        Information Technology Systems, Department of Veterans 
   Affairs, and the remainder of such cost to the 
general fund receipts in the Treasury. The initial administrative costs 
of issuing insurance under this section and any total disability income 
provision attached thereto shall be so transferred over such period of 
time as the Secretary determines to be reasonable and practicable. (e) 
Notwithstanding the provisions of section 1982 of this title, a medical 
  examination (including any supplemental examination or tests) when 
 required of an applicant for issuance of insurance under this section 
or any total disability income provisions attached thereto shall be at 
 the applicants own expense by a duly licensed physician. (f) 
No insurance shall be granted under this section to any person referred 
 to in section 107 of this title or to any person while on active duty 
 or active duty for training under a call or order to such duty for a 
period of thirty-one days or more. (Added Pub. L. 88664, Sec. 
    12(a), Oct. 13, 1964, 78 Stat. 1096, Sec. 725; amended Pub. L. 
  8940, June 14, 1965, 79 Stat. 130; Pub. L. 96128, 
       title III, Sec. 301, Nov. 28, 1979, 93 Stat. 985; Pub. L. 
   97295, Sec. 4(25), Oct. 12, 1982, 96 Stat. 1306; Pub. L. 
99576, title VII, Sec. 701(28), Oct. 28, 1986, 100 Stat. 3292; 
     renumbered Sec. 1925 and amended Pub. L. 10283, Sec. 
 4(a)(2)(B)(ii), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 
 105 Stat. 403406; Pub. L. 111117, div. E, title II, 
Sec. 225, Dec. 16, 2009, 123 Stat. 3307.) ' 1926. Authority for higher 
  interest rates for amounts payable to beneficiaries Notwithstanding 
 sections 1902, 1923, and 1925 of this title, if the beneficiary of an 
     insurance policy receives the proceeds of such policy under a 
 settlement option under which such proceeds are paid in equal monthly 
installments over a limited period of months, the interest that may be 
added to each such installment may be at a rate that is higher than the 
interest rate prescribed in the appropriate section of this subchapter. 
 The Secretary may from time to time establish a higher interest rate 
 under the preceding sentence only in accordance with a determination 
that such higher rate is administratively and actuarially sound for the 
program of insurance concerned. Any such higher interest rate shall be 
paid on the unpaid balance of such monthly installments. (Added Pub. L. 
 96128, title III, Sec. 302(a), Nov. 28, 1979, 93 Stat. 986, 
Sec. 726; renumbered Sec. 1926 and amended Pub. L. 10283, Sec. 
        4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
  404406.) ' 1927. Authority for higher monthly installments 
payable to certain annuitants (a) Subject to subsections (b) and (c) of 
  this section, the Secretary may from time to time adjust the dollar 
amount of the monthly installments payable to a beneficiary of National 
 Service Life Insurance, Veterans Special Life Insurance, or Veterans 
  Reopened Insurance who is receiving the proceeds of such insurance 
under a life annuity settlement option. The Secretary may make such an 
  adjustment only if the Secretary determines that the adjustment is 
  administratively and actuarially sound for the program of insurance 
concerned. The Secretary may make such an adjustment without regard to 
  the provisions of sections 1902, 1923, and 1925 of this title with 
  respect to interest rates and the use of mortality tables. (b) The 
Secretary shall determine the amount in the trust funds in the Treasury 
   held for payment of proceeds to National Service Life Insurance, 
   Veterans Special Life Insurance, and Veterans Reopened Insurance 
   beneficiaries attributable to interest and mortality gains on the 
reserves held for annuity accounts. Such amount shall be available for 
 distribution to the life annuitants referred to in subsection (a) of 
this section as a fixed percentage of, and in addition to, the monthly 
  installment amount to which the annuitants are entitled under this 
subchapter. For the purposes of this section, gains on the reserves are 
 defined as funds attributable solely to annuity accounts that are in 
 excess of actuarial liabilities. (c) The monthly amount of an annuity 
authorized in sections 1902, 1923, and 1925 of this title, as adjusted 
  under this section, may not be less than the monthly amount of such 
   annuity that would otherwise be applicable without regard to this 
section. (Added Pub. L. 100322, title III, Sec. 331(a)(1), May 
  20, 1988, 102 Stat. 536, Sec. 727; renumbered Sec. 1927 and amended 
  Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
  1991, 105 Stat. 404406.) ' 1928. Authority for payment of 
interest on settlements (a) Subject to subsection (b) of this section, 
   the Secretary may pay interest on the proceeds of a participating 
    National Service Life Insurance, Veterans Special Life 
  Insurance, and Veterans Reopened Insurance policy from the date the 
     policy matures to the date of payment of the proceeds to the 
      beneficiary or, in the case of an endowment policy, to the 
 policyholder. (b)(1) The Secretary may pay interest under subsection 
 (a) of this section only if the Secretary determines that the payment 
  of such interest is administratively and actuarially sound for the 
 settlement option involved. (2) Interest paid under subsection (a) of 
this section shall be at the rate that is established by the Secretary 
   for dividends held on credit or deposit in policyholders 
     accounts under the insurance program involved. (Added Pub. L. 
100687, div. B, title XIV, Sec. 1401(a)(1), Nov. 18, 1988, 102 
    Stat. 4128, Sec. 728; renumbered Sec. 1928 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406.) ' 1929. Authority to adjust premium discount rates 
  (a) Notwithstanding sections 1902, 1923, and 1925 of this title and 
subject to subsection (b) of this section, the Secretary may from time 
   to time adjust the discount rates for premiums paid in advance on 
    National Service Life Insurance, Veterans Special Life 
   Insurance, and Veterans Reopened Insurance. (b)(1) In adjusting a 
discount rate pursuant to subsection (a) of this section, the Secretary 
may not set such rate at a rate lower than the rate authorized for the 
program of insurance involved under section 1902, 1923, or 1925 of this 
title. (2) The Secretary may make an adjustment under subsection (a) of 
 this section only if the Secretary determines that the adjustment is 
  administratively and actuarially sound for the program of insurance 
   involved. (Added Pub. L. 100687, div. B, title XIV, Sec. 
 1401(b)(1), Nov. 18, 1988, 102 Stat. 4129, Sec. 729; renumbered Sec. 
 1929 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), 
     (c)(1), Aug. 6, 1991, 105 Stat. 404406.) SUBCHAPTER 
 IIUNITED STATES GOVERNMENT LIFE INSURANCE ' 1940. Definition For 
               the purposes of this subchapter, the term 
insurance means United States Government 
life insurance. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1158, 
Sec. 740; renumbered Sec. 1940, Pub. L. 10283, Sec. 5(a), Aug. 
  6, 1991, 105 Stat. 406.) ' 1941. Amount of insurance United States 
   Government life insurance shall be issued against death or total 
 permanent disability in any multiple of $500 and not less than $1,000 
or more than $10,000. No person may carry a combined amount of National 
 Service Life Insurance and United States Government life insurance in 
  excess of $10,000 at any one time. The limitations of this section 
  shall not apply to the additional paid up insurance the purchase of 
    which is authorized under section 1907 of this title. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1158, Sec. 741; Pub. L. 
 92188, Sec. 1, Dec. 15, 1971, 85 Stat. 645; renumbered Sec. 
  1941 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 406.) ' 1942. Plans of insurance (a) Regulations shall 
   provide for the right to convert insurance on the five-year level 
 premium term plan into ordinary life, twenty-payment life, endowment 
 maturing at age sixty-two, and into other usual forms of insurance as 
    may be prescribed by the Secretary. Provision shall be made for 
  reconversion of any such policies to a higher premium rate or, upon 
proof of good health satisfactory to the Secretary, to a lower premium 
rate, in accordance with regulations to be issued by the Secretary. No 
 reconversion shall be made to a five-year level premium term policy. 
   (b) An insured who on or after the insureds sixty-fifth 
  birthday has a five-year level premium term policy of insurance in 
force by payment of premiums may exchange such policy for insurance on 
 a special endowment at age ninety-six plan upon written application; 
 payment of the required premium; and surrender of the five-year level 
premium term policy and any total disability provision attached thereto 
  with all rights, title, and interests thereunder. However, if it is 
 found by the Secretary subsequent to the exchange that prior thereto 
 the term policy matured because of total permanent disability of the 
 insured or that the insured was entitled to total disability benefits 
   under the total disability provision attached to such policy, the 
  insured, upon surrender of the special endowment at age ninety-six 
policy and any provision for waiver of premiums issued under subsection 
 (c) of this section with all rights, title, and interest thereunder, 
will be entitled to benefits payable under the prior contract. In such 
  case, the cash value less any indebtedness on the endowment policy 
 shall be refunded together with any premiums paid on a provision for 
 waiver of premiums. Insurance on the special endowment at age ninety-
 six plan shall be issued at the attained age of the insured upon the 
  same terms and conditions as are contained in standard policies of 
United States Government Life Insurance except: (1) the insurance shall 
 not mature and no benefits shall be paid thereunder because of total 
 permanent disability; (2) the premiums for such insurance shall be as 
 prescribed by the Secretary; (3) such insurance cannot be exchanged, 
converted, or reconverted to any other plan of insurance; (4) all cash, 
     loan, paid-up, and extended term insurance values shall be as 
prescribed by the Secretary; and (5) the insurance shall be subject to 
such other changes in terms and conditions as the Secretary determines 
    to be reasonable and practicable. (c) The Secretary shall, upon 
    application made by the insured at the same time as the insured 
  exchanges the term policy for an endowment policy issued under the 
provisions of subsection (b) of this section, and upon payment of such 
    extra premium as the Secretary shall prescribe, include in such 
 endowment policy a provision for waiver of premiums on the policy and 
on the provision during the total permanent disability of the insured, 
 if such disability began after the date of such application and while 
 the policy and the provision are in force by payment of premiums. The 
Secretary shall not grant waiver of any premium becoming due more than 
one year before receipt by the Secretary of claim for the same, except 
  as provided in this subsection. Any premiums paid for months during 
   which waiver is effective shall be refunded. The Secretary shall 
 provide by regulations for examination or reexamination of an insured 
claiming waiver of premiums under this subsection, and may deny waiver 
 for failure to cooperate. If it is found that an insured is no longer 
totally and permanently disabled, the waiver of premiums shall cease as 
    of the date of such finding and the policy and provision may be 
 continued by payment of premiums as provided therein. In any case in 
 which the Secretary finds that the insureds failure to make 
timely claim for waiver of premiums, or to submit satisfactory evidence 
 of the existence or continuance of total permanent disability was due 
 to circumstances beyond the insureds control, the Secretary 
 may grant waiver or continuance of waiver of premiums. If the insured 
dies without filing claim for waiver, the beneficiary, within one year 
 after the death of the insured, or, if the beneficiary is insane or a 
minor, within one year after removal of such legal disability, may file 
claim for waiver with evidence of the insureds right to waiver 
 under this subsection. Policies containing a provision for waiver of 
premiums issued under this subsection may be separately classified for 
 the purpose of dividend distribution from otherwise similar policies 
not containing such provision. (Pub. L. 85857, Sept. 2, 1958, 
  72 Stat. 1158, Sec. 742; Pub. L. 87549, July 25, 1962, 76 
 Stat. 219; Pub. L. 99576, title VII, Sec. 701(29), Oct. 28, 
    1986, 100 Stat. 3292; renumbered Sec. 1942 and amended Pub. L. 
  10283, Sec. 4(a)(2)(C)(iii), (b)(1), (2)(E), 5(a), Aug. 6, 
 1991, 105 Stat. 404406.) ' 1943. Premiums The premium rates 
for insurance shall be the net rates based upon the American Experience 
Table of Mortality and interest at 3 1/2 percent per annum. Regulations 
    shall prescribe the time and method of payment of premiums, but 
 payments of premiums in advance shall not be required for periods of 
 more than one month each, and may be deducted from the pay or deposit 
of the insured or be otherwise made at the insureds election. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1158, Sec. 743; Pub. 
 L. 97295, Sec. 4(26), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 
99576, title VII, Sec. 701(30), Oct. 28, 1986, 100 Stat. 3293; 
renumbered Sec. 1943, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
 105 Stat. 406.) ' 1944. Policy provisions (a) Provisions for maturity 
at certain ages, for continuous installments during the lifetime of the 
insured or beneficiaries, or both, for refund of premiums, cash, loan, 
paid-up and extended values, dividends from gains and savings, and such 
     other provisions for the protection and advantage of and for 
  alternative benefits to the insured and the beneficiaries as may be 
found to be reasonable and practicable may be provided for in insurance 
contracts or from time to time by regulations. (b) All calculations on 
    insurance shall be based upon the American Experience Table of 
   Mortality and interest at 3 1/2 percent per annum, except that no 
deduction shall be made for continuous installments during the life of 
     the insured in case the insureds total and permanent 
disability continues more than two hundred and forty months. (c) On and 
 after July 19, 1939, the rate of interest charged on any loan secured 
 by a lien on insurance shall not exceed 5 percent per annum. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1158, Sec. 744; Pub. L. 
   97295, Sec. 4(26), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 
99576, title VII, Sec. 701(30), Oct. 28, 1986, 100 Stat. 3293; 
renumbered Sec. 1944, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
 105 Stat. 406.) ' 1945. Renewal At the expiration of any term period 
 any insurance policy issued on the five-year level premium term plan 
   which has not been exchanged or converted to a permanent plan of 
  insurance and which is not lapsed shall be renewed as level premium 
term insurance without application for a successive five-year period at 
  the premium rate for the attained age without medical examination. 
However, renewal shall be effected in cases where the policy is lapsed 
only if the insured makes application for reinstatement and renewal of 
 the insureds term policy within five years after the date of 
  lapse, and reinstatement in such cases shall be under the terms and 
conditions prescribed by the Secretary. (Pub. L. 85857, Sept. 
2, 1958, 72 Stat. 1159, Sec. 745; Pub. L. 91291, Sec. 11, June 
    25, 1970, 84 Stat. 331; Pub. L. 99576, title VII, Sec. 
   701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered Sec. 1945 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 
  1991, 105 Stat. 404406.) ' 1946. Dividends to pay premiums 
Until and unless the Secretary has received from the insured a request 
 in writing for payment of dividends in cash or that the dividends be 
      placed on deposit in accordance with the provisions of the 
insureds policy, any regular annual dividends shall be applied 
  in payment of premiums becoming due on insurance after the date the 
      dividend is payable on or after December 31, 1958. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1159, Sec. 746; Pub. L. 
99576, title VII, Sec. 701(30), Oct. 28, 1986, 100 Stat. 3293; 
     renumbered Sec. 1946 and amended Pub. L. 10283, Sec. 
 4(a)(2)(A)(iii)(V), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.) ' 1947. 
  Incontestability Subject to the provisions of section 1954 of this 
 title all contracts or policies of insurance heretofore or hereafter 
 issued, reinstated, or converted shall be incontestable from the date 
of issuance, reinstatement, or conversion, except for fraud, nonpayment 
 of premiums, or on the ground that the applicant was not a member of 
 the military or naval forces of the United States. The insured under 
such contract or policy may, without prejudicing the insureds 
 rights, elect to make claim to the Department or to bring suit under 
  section 1984 of this title on any prior contract or policy, and if 
    found entitled thereto, shall, upon surrender of any subsequent 
contract or policy, be entitled to payments under the prior contract or 
   policy. In any case in which a contract or policy of insurance is 
    canceled or voided after March 16, 1954, because of fraud, the 
 Secretary shall refund to the insured, if living, or, if deceased, to 
   the person designated as beneficiary (or if none survives, to the 
estate of the insured) all money, without interest, paid as premiums on 
 such contract or policy for any period subsequent to two years after 
   the date such fraud induced the Secretary to issue, reinstate, or 
convert such insurance less any dividends, loan, or other payment made 
to the insured under such contract or policy. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1159, Sec. 747; Pub. L. 99576, title 
VII, Sec. 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered Sec. 1947 
and amended Pub. L. 10283, Sec. 4(a)(2)(A)(iii)(VI), (3), (4), 
(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403406.) 
   ' 1948. Total disability provision The Secretary shall include in 
 United States Government life insurance policies provision whereby an 
insured, who is totally disabled as a result of disease or injury for a 
 period of four consecutive months or more before attaining the age of 
sixty-five years and before default in payment of any premium, shall be 
 paid disability benefits at the rate of $5.75 monthly for each $1,000 
 of insurance in force when total disability benefits become payable. 
The amount of such monthly payment under the provisions of this section 
    shall not be reduced because of payment of permanent and total 
disability benefits under the insurance policy. Such payments shall be 
effective as of the first day of the fifth consecutive month, and shall 
 be made monthly during the continuance of such total disability. Such 
payments shall be concurrent with or independent of permanent and total 
  disability benefits under the insurance policy. In addition to the 
    monthly disability benefits the payment of premiums on the life 
  insurance and for the total disability benefits authorized by this 
     section shall be waived during the continuance of such total 
      disability. Regulations shall provide for reexaminations of 
 beneficiaries under this section; and, in the event that it is found 
 that an insured is no longer totally disabled, the waiver of premiums 
and payment of benefits shall cease and the insurance policy, including 
the total disability provision, may be continued by payment of premiums 
as provided in said policy and the total disability provision. Neither 
the dividends nor the amount payable in any settlement under any United 
 States Government life insurance policy shall be decreased because of 
 disability benefits granted under the provisions of this section. The 
 payment of total disability benefits shall not prejudice the right of 
any insured, who is totally and permanently disabled, to permanent and 
total disability benefits under the insureds insurance policy. 
 The provision authorized by this section shall not be included in any 
United States Government life insurance policy heretofore or hereafter 
issued, except upon application, payment of premium by the insured, and 
proof of good health satisfactory to the Secretary. The benefit granted 
under this section shall be on the basis of multiples of $500, and not 
less than $1,000 or more than the amount of insurance in force at time 
of application. The Secretary shall determine the amount of the monthly 
premium to cover the benefits of this section, and in order to continue 
such benefits in force the monthly premiums shall be payable until the 
insured attains the age of sixty-five years or until the prior maturity 
  of the policy. In all other respects such monthly premium shall be 
  payable under the same terms and conditions as the regular monthly 
premium on the United States Government life insurance policy. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1159, Sec. 748; Pub. L. 
   97295, Sec. 4(27), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 
99576, title VII, Sec. 701(30), Oct. 28, 1986, 100 Stat. 3293; 
renumbered Sec. 1948 and amended Pub. L. 10283, Sec. 4(b)(1), 
(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1949. Change 
 of beneficiary Subject to regulations, the insured shall at all times 
 have the right to change the beneficiary or beneficiaries of a United 
  States Government life insurance policy without the consent of such 
 beneficiary or beneficiaries. (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1160, Sec. 749; renumbered Sec. 1949, Pub. L. 10283, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1950. Payment to estates If 
no beneficiary of insurance is designated by the insured, either while 
   alive or by last will, or if the designated beneficiary does not 
  survive the insured, then there shall be paid to the estate of the 
insured the present value of the remaining unpaid monthly installments. 
  If the designated beneficiary survives the insured and dies before 
receiving all of the installments of insurance payable and applicable, 
then there shall be paid to the estate of such beneficiary the present 
 value of the remaining unpaid monthly installments. No payments shall 
  be made to any estate which under the laws of the residence of the 
insured or the beneficiary, as the case may be, would escheat, but same 
shall escheat to the United States and be credited to the United States 
Government Life Insurance Fund. (Pub. L. 85857, Sept. 2, 1958, 
   72 Stat. 1160, Sec. 750; Pub. L. 99576, title VII, Sec. 
 701(31), Oct. 28, 1986, 100 Stat. 3293; renumbered Sec. 1950, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1951. 
Payment of insurance United States Government life insurance, except as 
provided in this subchapter, shall be payable in two hundred and forty 
 equal monthly installments. When the amount of an individual monthly 
   payment is less than $5, such amount may in the discretion of the 
 Secretary be allowed to accumulate without interest and be disbursed 
 annually. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1161, Sec. 
  751; renumbered Sec. 1951 and amended Pub. L. 10283, Sec. 
  4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 
 1952. Optional settlement (a) The Secretary may provide in insurance 
  contracts for optional settlements, to be selected by the insured, 
  whereby such insurance may be made payable either in one sum or in 
  installments for thirty-six months or more. A provision may also be 
  included in such contracts authorizing the beneficiary to elect to 
receive payment of the insurance in installments for thirty-six months 
    or more, but only if the insured has not exercised the right of 
 election as provided in this subchapter. Even though the insured may 
   have exercised the right of election the beneficiary may elect to 
receive such insurance in installments spread over a greater period of 
 time than that selected by the insured. Notwithstanding any provision 
to the contrary in any insurance contract, the beneficiary may, in the 
case of insurance maturing after September 30, 1981, and for which the 
   insured has not exercised the right of election of the insured as 
provided in this subchapter, elect to receive payment of the insurance 
in one sum. (b) Under such regulations as the Secretary may promulgate, 
the cash surrender value of any policy of insurance or the proceeds of 
  an endowment contract which matures by reason of completion of the 
   endowment period may be paid to the insured (1) in equal monthly 
installments of from thirty-six to two hundred and forty in number, in 
    multiples of twelve; or (2) as a refund life income in monthly 
  installments payable for such periods certain as may be required in 
   order that the sum of the installments certain, including a last 
installment of such reduced amount as may be necessary, shall equal the 
 cash value of the contract, less any indebtedness, with such payments 
    continuing throughout the lifetime of the insured. However, all 
settlements under option (2) above shall be calculated on the basis of 
The Annuity Table for 1949. If the option selected requires payment of 
monthly installments of less than $10, the amount payable shall be paid 
  in such maximum number of monthly installments as are a multiple of 
  twelve as will provide a monthly installment of not less than $10. 
(c)(1) Following the death of the insured and in a case not covered by 
section 1950 of this title (A) if the first beneficiary otherwise 
  entitled to payment of the insurance does not make a claim for such 
payment within two years after the death of the insured, payment may be 
made to another beneficiary designated by the insured, in the order of 
 precedence as designated by the insured, as if the first beneficiary 
 had predeceased the insured; and (B) if, within four years after the 
death of the insured, no claim has been filed by a person designated by 
  the insured as a beneficiary and the Secretary has not received any 
    notice in writing that any such claim will be made, payment may 
(notwithstanding any other provision of law) be made to such person as 
may in the judgment of the Secretary be equitably entitled thereto. (2) 
Payment of insurance under paragraph (1) shall be a bar to recovery by 
  any other person. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
  1161, Sec. 752; Pub. L. 91291, Sec. 12, June 25, 1970, 84 
Stat. 332; Pub. L. 9766, title IV, Sec. 403(b), Oct. 17, 1981, 
 95 Stat. 1031; Pub. L. 99576, title VII, Sec. 701(32), Oct. 
  28, 1986, 100 Stat. 3293; renumbered Sec. 1952 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 108183, title I, Sec. 103(b), Dec. 
   16, 2003, 117 Stat. 2655.) ' 1953. Assignments Any person to whom 
  United States Government life insurance shall be payable may assign 
such persons interest in such insurance to the spouse, child, 
   grandchild, parent, brother, sister, uncle, aunt, nephew, niece, 
brother-in-law, or sister-in-law of the insured. Insofar as applicable, 
        the definitions contained in section 3 of the World War 
  Veterans Act, 1924, in effect on December 31, 1958, shall 
apply to this section. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
 1161, Sec. 753; Pub. L. 96128, title III, Sec. 304, Nov. 28, 
1979, 93 Stat. 986; renumbered Sec. 1953, Pub. L. 10283, Sec. 
   5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1954. Forfeiture No yearly 
  renewable term insurance or United States Government life insurance 
 shall be payable for death inflicted as a lawful punishment for crime 
or military offense, except when inflicted by the enemy. In such cases 
the cash surrender value of United States Government life insurance, if 
    any, on the date of such death shall be paid to the designated 
 beneficiary if living, or if there be no designated beneficiary alive 
at the death of the insured the said value shall be paid to the estate 
of the insured. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1161, 
Sec. 754; renumbered Sec. 1954, Pub. L. 10283, Sec. 5(a), Aug. 
    6, 1991, 105 Stat. 406.) ' 1955. United States Government Life 
   Insurance Fund (a) All premiums paid on account of United States 
   Government life insurance shall be deposited and covered into the 
 Treasury to the credit of the United States Government Life Insurance 
   Fund and shall be available for the payment of losses, dividends, 
    refunds, and other benefits provided for under such insurance, 
  including such liabilities as shall have been or shall hereafter be 
  reduced to judgment in a district court of the United States or the 
United States District Court for the District of Columbia, and for the 
 reimbursement of administrative costs under subsection (c). Payments 
from this fund shall be made upon and in accordance with awards by the 
  Secretary. (b) The Secretary is authorized to set aside out of the 
    funds so collected such reserve funds as may be required, under 
   accepted actuarial principles, to meet all liabilities under such 
 insurance; and the Secretary of the Treasury is authorized to invest 
and reinvest the said United States Government Life Insurance Fund, or 
any part thereof, in interest-bearing obligations of the United States 
or bonds of the Federal farm-loan banks and to sell said obligations of 
 the United States or the bonds of the Federal farm-loan banks for the 
   purposes of such Fund. (c)(1) For each fiscal year for which this 
 subsection is in effect, the Secretary shall, from the United States 
   Government Life Insurance Fund, reimburse the General 
operating expenses account of the Department for the 
amount of administrative costs determined under paragraph (2) for that 
fiscal year. Such reimbursement shall be made from any surplus earnings 
for that fiscal year that are available for dividends on such insurance 
 after claims have been paid and actuarially determined reserves have 
  been set aside. However, if the amount of such administrative costs 
 exceeds the amount of such surplus earnings, such reimbursement shall 
be made only to the extent of such surplus earnings. (2) The Secretary 
shall determine the administrative costs to the Department for a fiscal 
 year for which this subsection is in effect which, in the judgment of 
the Secretary, are properly allocable to the provision of United States 
Government Life Insurance (and to the provision of any total disability 
 income insurance added to the provision of such insurance). (3) This 
 subsection shall be in effect only with respect to fiscal year 1996. 
   (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1161, Sec. 755; 
renumbered Sec. 1955 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
10499, title II, Sec. 201(b), Jan. 26, 1996, 110 Stat. 36.) ' 
1956. Military and naval insurance appropriation All sums heretofore or 
      hereafter appropriated for the military and naval insurance 
  appropriation and all premiums collected for yearly renewable term 
insurance deposited and covered into the Treasury to the credit of this 
 appropriation shall be made available to the Department. All premiums 
  that may hereafter be collected for yearly renewable term insurance 
shall be deposited and covered into the Treasury for the credit of this 
   appropriation. Such sum is made available for the payment of the 
  liabilities of the United States incurred under contracts of yearly 
  renewable term insurance. Payments from this appropriation shall be 
made upon and in accordance with the awards by the Secretary. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1162, Sec. 756; renumbered Sec. 
  1956 and amended Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
 (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1957. Extra 
hazard costs (a) The United States shall bear the excess mortality and 
  disability cost resulting from the hazards of war on United States 
 Government life insurance. (b) Whenever benefits under United States 
 Government life insurance become, or have become, payable because of 
 total permanent disability of the insured or because of the death of 
  the insured as a result of disease or injury traceable to the extra 
    hazard of the military or naval service, as such hazard may be 
determined by the Secretary, the liability shall be borne by the United 
 States. In such cases the Secretary shall transfer from the military 
and naval insurance appropriation to the United States Government Life 
Insurance Fund a sum which, together with the reserve of the policy at 
the time of maturity by total permanent disability or death, will equal 
    the then value of such benefits. When a person receiving total 
  permanent disability benefits under a United States Government life 
insurance policy recovers from such disability and is then entitled to 
continue a reduced amount of insurance, the Secretary shall transfer to 
the military and naval insurance appropriation all of the loss reserve 
 to the credit of such policy claim except a sum sufficient to set up 
 the then required reserve on the reduced amount of the insurance that 
  may be continued, which sum shall be retained in the United States 
  Government Life Insurance Fund for the purpose of such reserve. (c) 
Whenever benefits under the total disability provision become, or have 
become, payable because of total disability of the insured as a result 
 of disease or injury traceable to the extra hazard of the military or 
 naval service, as such hazard may be determined by the Secretary, the 
liability shall be borne by the United States, and the Secretary shall 
  transfer from the military and naval insurance appropriation to the 
  United States Government Life Insurance Fund from time to time any 
 amounts which become or have become payable to the insured on account 
  of such total disability, and shall transfer from the United States 
  Government Life Insurance Fund to the military and naval insurance 
 appropriation the amount of the reserve held on account of the total 
disability benefit. When a person receiving such payments on account of 
total disability recovers from such disability and is then entitled to 
    continued protection under the total disability provision, the 
Secretary shall transfer to the United States Government Life Insurance 
Fund a sum sufficient to set up the then required reserve on such total 
disability benefit. (d) Any disability for which a waiver was required 
as a condition to tendering a person a commission under Public Law 816, 
Seventy-seventh Congress, shall be deemed to be a disability resulting 
from an injury or disease traceable to the extra hazard of military or 
   naval service for the purpose of applying this section. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1162, Sec. 757; renumbered Sec. 
 1957 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), 
   Aug. 6, 1991, 105 Stat. 404406.) ' 1958. Statutory total 
     permanent disability Without prejudice to any other cause of 
disability, the permanent loss of the use of both feet, of both hands, 
 or of both eyes, or of one foot and one hand, or of one foot and one 
 eye, or of one hand and one eye, or the loss of hearing of both ears, 
    or the organic loss of speech, shall be deemed total permanent 
 disability for insurance purposes. This section shall be deemed to be 
in effect on and after April 6, 1917, and shall apply only to automatic 
     insurance, yearly renewable term insurance, and United States 
 Government life insurance issued prior to December 15, 1936. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1163, Sec. 758; renumbered Sec. 
1958, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
 ' 1959. Waiver of disability for reinstatement (a) In the event that 
all provisions of the rules and regulations other than the requirements 
as to the physical condition of the applicant have been complied with, 
an application for reinstatement, in whole or in part, of lapsed United 
  States Government life insurance may be approved if made within two 
years after the date of lapse and if the applicants disability 
 is the result of an injury or disease, or of an aggravation thereof, 
 suffered or contracted in the active military or naval service during 
 the period beginning April 6, 1917, and ending July 2, 1921, and the 
    applicant during the applicants lifetime submits proof 
satisfactory to the Secretary showing that the applicant is not totally 
   and permanently disabled. As a condition to the acceptance of an 
 application for reinstatement under this section, the applicant shall 
   be required to pay all the back monthly premiums which would have 
become payable if such insurance had not lapsed, together with interest 
  at the rate of 5 per centum per annum, compounded annually, on each 
 premium from the date said premium is due by the terms of the policy. 
 (b) Premium liens established under the provisions of section 304 of 
   the World War Veterans Act, 1924, shall continue to bear 
 interest at the rate of 5 per centum per annum, compounded annually, 
and will be deducted from any settlement of insurance to which they are 
 attached. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1163, Sec. 
 759; Pub. L. 99576, title VII, Sec. 701(33), Oct. 28, 1986, 
       100 Stat. 3293; renumbered Sec. 1959 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406.) ' 1960. Waiver of premium payments on due date (a) 
 The Secretary is authorized to provide by regulations for waiving the 
 payment of premiums on United States Government life insurance on the 
 due date thereof and the insurance may be deemed not to lapse in the 
cases of the following persons: (1) those who are confined in hospital 
  under the Department for a compensable disability during the period 
  while they are so confined; (2) those who are rated as temporarily 
 totally disabled by reason of any injury or disease entitling them to 
compensation during the period of such total disability and while they 
are so rated; (3) those who, while mentally incompetent and for whom no 
  legal guardian had been or has been appointed, allowed or may allow 
their insurance to lapse during the period for which they have been or 
 hereafter may be rated mentally incompetent, or until a guardian has 
 notified the Department of the guardians qualification, but 
not later than six months after appointment of a guardian. In mentally 
  incompetent cases the waiver is to be made without application and 
retroactive when necessary. Relief from payment of premiums on the due 
  date thereof shall be for full calendar months, beginning with the 
   month in which said confinement to hospital, the temporary total 
   disability rating, or the mental incompetency began or begins and 
ending with that month during the half or major fraction of which such 
  persons are no longer entitled to waiver as provided above. (b) All 
 premiums the payment of which when due is waived as provided in this 
    section shall bear interest at the rate of 5 percent per annum, 
compounded annually, from the due date of each premium, and if not paid 
 by the insured shall be deducted from the insurance in any settlement 
thereunder, or when the same matures either because of permanent total 
   disability or death. In the event any lien or other indebtedness 
  established by this section or prior corresponding provision of law 
exists against any policy of United States Government life insurance in 
  excess of the then cash surrender value thereof at the time of the 
 termination of such policy of insurance for any reason other than by 
  death or total permanent disability the Secretary is authorized to 
transfer and pay from the military and naval insurance appropriation to 
  the United States Government Life Insurance Fund a sum equal to the 
amount such lien or indebtedness exceeds the then cash surrender value. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1163, Sec. 760; Pub. 
 L. 97295, Sec. 4(28), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 
99576, title VII, Sec. 701(34), Oct. 28, 1986, 100 Stat. 3293; 
renumbered Sec. 1960 and amended Pub. L. 10283, Sec. 4(a)(3), 
(4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 
   1961. Authority for higher interest rates for amounts payable to 
  beneficiaries Notwithstanding section 1944(b) of this title, if the 
beneficiary of an insurance policy issued under the provisions of this 
  sub-chapter receives the proceeds of such policy under a settlement 
option under which such proceeds are paid in equal monthly installments 
over a limited period of months, the interest that may be added to each 
such installment may be at a rate that is higher than the interest rate 
    prescribed in such section. The Secretary may from time to time 
 establish a higher interest rate under the preceding sentence only in 
       accordance with a determination that such higher rate is 
 administratively and actuarially sound. Any such higher interest rate 
   shall be paid on the unpaid balance of such monthly installments. 
 (Added Pub. L. 96128, title III, Sec. 303(a), Nov. 28, 1979, 
   93 Stat. 986, Sec. 761; renumbered Sec. 1961 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
     Stat. 404406.) ' 1962. Authority for higher monthly 
 installments payable to certain annuitants (a) Subject to subsections 
(b) and (c) of this section, the Secretary may from time to time adjust 
the dollar amount of the monthly installments payable to a beneficiary 
    of United States Government Life Insurance who is receiving the 
proceeds of such insurance under a life annuity settlement option. The 
Secretary may make such an adjustment only if the Secretary determines 
  that the adjustment is administratively and actuarially sound. The 
Secretary may make such an adjustment without regard to the provisions 
 of section 1944 of this title with respect to interest rates and the 
 use of mortality tables. (b) The Secretary shall determine the amount 
   in the trust fund in the Treasury held for payment of proceeds to 
 United States Government Life Insurance beneficiaries attributable to 
interest and mortality gains on the reserves held for annuity accounts. 
Such amount shall be available for distribution to the life annuitants 
referred to in subsection (a) of this section as a fixed percentage of, 
    and in addition to, the monthly installment amount to which the 
annuitants are entitled under this subchapter. For the purposes of this 
section, gains on the reserves are defined as funds attributable solely 
 to annuity accounts that are in excess of actuarial liabilities. (c) 
  The monthly amount of an annuity authorized in section 1944 of this 
title, as adjusted under this section, may not be less than the monthly 
   amount of such annuity that would otherwise be applicable without 
regard to this section. (Added Pub. L. 100322, title III, Sec. 
331(b)(1), May 20, 1988, 102 Stat. 536, Sec. 762; renumbered Sec. 1962 
and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), 
Aug. 6, 1991, 105 Stat. 404406.) ' 1963. Authority for payment 
   of interest on settlements (a) Subject to subsection (b) of this 
  section, the Secretary may pay interest on the proceeds of a United 
   States Government Life Insurance policy from the date the policy 
 matures to the date of payment of the proceeds to the beneficiary or, 
  in the case of an endowment policy, to the policyholder. (b)(1) The 
Secretary may pay interest under subsection (a) of this section only if 
     the Secretary determines that the payment of such interest is 
   administratively and actuarially sound for the settlement option 
 involved. (2) Interest paid under subsection (a) shall be at the rate 
 that is established by the Secretary for dividends held on credit or 
      deposit in policyholders accounts. (Added Pub. L. 
100687, div. B, title XIV, Sec. 1401(a)(2), Nov. 18, 1988, 102 
    Stat. 4128, Sec. 763; renumbered Sec. 1963 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406.) SUBCHAPTER IIISERVICEMEMBERS GROUP LIFE 
 INSURANCE ' 1965. Definitions For the purpose of this subchapter 
 (1) 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; (C) full-time duty as a commissioned officer of the 
National Oceanic and Atmospheric Administration; and (D) full-time duty 
as a cadet or midshipman at the United States Military Academy, United 
 States Naval Academy, United States Air Force Academy, or the United 
 States Coast Guard Academy. (2) 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; (C) full-time duty as a 
  member, cadet, or midshipman of the Reserve Officers Training Corps 
while attending field training or practice cruises; and (D) in the case 
 of members of the National Guard or Air National Guard of any State, 
 full-time duty under sections 316, 502, 503, 504, or 505 of title 32, 
      United States Code. (3) The term inactive duty 
 training means (A) duty (other than full-time 
  duty) prescribed or authorized for Reserves (including commissioned 
officers of the Reserve Corps of the Public Health Service) which duty 
 is scheduled in advance by competent authority to begin at a specific 
 time and place; and (B) in the case of a member of the National Guard 
 or Air National Guard of any State, such term means duty (other than 
full-time duty) which is scheduled in advance by competent authority to 
 begin at a specific time and place under sections 316, 502, 503, 504, 
         or 505 of title 32, United States Code. (4) The terms 
      active duty for training and 
  inactive duty training do not include 
 duty performed as a temporary member of the Coast Guard Reserve, and 
the term inactive duty training does not 
 include (A) work or study performed in connection with correspondence 
courses, or (B) attendance at an educational institution in an inactive 
 status. (5) The term member means 
(A) a person on active duty, active duty for training, or inactive duty 
   training in the uniformed services in a commissioned, warrant, or 
  enlisted rank, or grade, or as a cadet or midshipman of the United 
States Military Academy, United States Naval Academy, United States Air 
 Force Academy, or the United States Coast Guard Academy; (B) a person 
   who volunteers for assignment to the Ready Reserve of a uniformed 
service and is assigned to a unit or position in which such person may 
 be required to perform active duty, or active duty for training, and 
   each year will be scheduled to perform at least twelve periods of 
inactive duty training that is creditable for retirement purposes under 
   chapter 1223 of title 10 (or under chapter 67 of that title as in 
   effect before the effective date of the Reserve Officer Personnel 
   Management Act); (C) a person who volunteers for assignment to a 
 mobilization category in the Individual Ready Reserve, as defined in 
section 12304(i)(1) of title 10; and (D) a member, cadet, or midshipman 
 of the Reserve Officers Training Corps while attending field training 
        or practice cruises. (6) The term uniformed 
  services means the Army, Navy, Air Force, Marine 
    Corps, Coast Guard, the commissioned corps of the Public Health 
    Service, and the commissioned corps of the National Oceanic and 
               Atmospheric Administration. (7) The terms 
                widow or 
widower means a person who is the lawful 
  spouse of the insured member at the time of his death. (8) The term 
child means a legitimate child, a legally 
     adopted child, an illegitimate child as to the mother, or an 
      illegitimate child as to the alleged father, only if (A) he 
  acknowledged the child in writing signed by him; or (B) he has been 
judicially ordered to contribute to the childs support; or (C) 
 he has been, before his death, judicially decreed to be the father of 
  such child; or (D) proof of paternity is established by a certified 
copy of the public record of birth or church record of baptism showing 
   that the insured was the informant and was named as father of the 
child; or (E) proof of paternity is established from service department 
or other public records, such as school or welfare agencies, which show 
  that with his knowledge the insured was named as the father of the 
child. (9) The term parent means a father 
  of a legitimate child, mother of a legitimate child, father through 
adoption, mother through adoption, mother of an illegitimate child, and 
    father of an illegitimate child but only if (A) he acknowledged 
      paternity of the child in writing signed by him before the 
    childs death; or (B) he has been judicially ordered to 
     contribute to the childs support; or (C) he has been 
  judicially decreed to be the father of such child; or (D) proof of 
 paternity is established by a certified copy of the public record of 
  birth or church record of baptism showing that the claimant was the 
    informant and was named as father of the child; or (E) proof of 
   paternity is established from service department or other public 
 records, such as school or welfare agencies, which show that with his 
knowledge the claimant was named as father of the child. No person who 
      abandoned or willfully failed to support a child during the 
childs minority, or consented to the childs adoption 
   may be recognized as a parent for the purpose of this subchapter. 
However, the immediately preceding sentence shall not be applied so as 
 to require duplicate payments in any case in which insurance benefits 
     have been paid prior to receipt in the administrative office 
   established under subsection 1966(b) of this title of sufficient 
evidence to clearly establish that the person so paid could not qualify 
     as a parent solely by reason of such sentence. (10) The term 
 insurable dependent, with respect to a 
 member, means the following: (A) The members spouse. (B) The 
  members child, as defined in the first sentence of section 
  101(4)(A) of this title. (C) The members stillborn child. 
(Added Pub. L. 89214, Sec. 1(a), Sept. 29, 1965, 79 Stat. 880, 
  Sec. 765; amended Pub. L. 91291, Sec. 1, June 25, 1970, 84 
Stat. 326; Pub. L. 92185, Sec. 1, Dec. 15, 1971, 85 Stat. 642; 
     Pub. L. 92315, June 20, 1972, 86 Stat. 227; Pub. L. 
 93 289, Sec. 3, 10(1), May 24, 1974, 88 Stat. 165, 172; Pub. 
 L. 99576, title VII, Sec. 701(35), Oct. 28, 1986, 100 Stat. 
3293; Pub. L. 10254, Sec. 14(b)(16), June 13, 1991, 105 Stat. 
  284; renumbered Sec. 1965 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103337, 
  div. A, title VI, Sec. 651(a), title XVI, Sec. 1677(d)(1), Oct. 5, 
  1994, 108 Stat. 2792, 3020; Pub. L. 104275, title IV, Sec. 
 402(a), Oct. 9, 1996, 110 Stat. 3337; Pub. L. 106419, title 
IV, Sec. 313(a), Nov. 1, 2000, 114 Stat. 1854; Pub. L. 10714, 
Sec. 4(a)(1), June 5, 2001, 115 Stat. 26; Pub. L. 10913, div. 
   A, title I, Sec. 1032(a)(1), May 11, 2005, 119 Stat. 257; Pub. L. 
  109 233, title V, Sec. 501(c)(1), June 15, 2006, 120 Stat. 
415; Pub. L. 110389, title IV, Sec. 402(a), Oct. 10, 2008, 122 
Stat. 4174.) ' 1966. Eligible insurance companies (a) The Secretary is 
 authorized, without regard to section 6101(b) to (d) of title 41, to 
purchase from one or more life insurance companies a policy or policies 
   of group life insurance to provide the benefits specified in this 
 subchapter. Each such life insurance company must (1) be licensed to 
 issue life insurance in each of the fifty States of the United States 
and in the District of Columbia, and (2) as of the most recent December 
31 for which information is available to the Secretary, have in effect 
 at least 1 percent of the total amount of group life insurance which 
 all life insurance companies have in effect in the United States. (b) 
The life insurance company or companies issuing such policy or policies 
 shall establish an administrative office at a place and under a name 
 designated by the Secretary. (c) The Secretary shall arrange with the 
  life insurance company or companies issuing any policy or policies 
 under this sub-chapter to reinsure, under conditions approved by the 
Secretary, portions of the total amount of insurance under such policy 
   or policies with such other life insurance companies (which meet 
    qualifying criteria set forth by the Secretary) as may elect to 
  participate in such reinsurance. (d) The Secretary may at any time 
 discontinue any policy or policies which the Secretary has purchased 
   from any insurance company under this subchapter. (Added Pub. L. 
  89214, Sec. 1(a), Sept. 29, 1965, 79 Stat. 880, Sec. 766; 
  amended Pub. L. 97295, Sec. 4(29), Oct. 12, 1982, 96 Stat. 
 1307; Pub. L. 99576, title VII, Sec. 701(36), Oct. 28, 1986, 
       100 Stat. 3293; renumbered Sec. 1966 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 111350, Sec. 5(j)(2), Jan. 4, 2011, 
 124 Stat. 3850.) ' 1967. Persons insured; amount (a)(1) Subject to an 
election under paragraph (2), any policy of insurance purchased by the 
 Secretary under section 1966 of this title shall automatically insure 
the following persons against death: (A) In the case of any member of a 
     uniformed service on active duty (other than active duty for 
training) (i) the member; and (ii) each insurable dependent of the 
   member. (B) Any member of a uniformed service on active duty for 
 training or inactive duty training scheduled in advance by competent 
  authority. (C) In the case of any member of the Ready Reserve of a 
      uniformed service who meets the qualifications set forth in 
 subparagraph (B) or (C) of section 1965(5) of this title (i) the 
   member; and (ii) each insurable dependent of the member. (2)(A) A 
 member may elect in writing not to be insured under this subchapter. 
 (B) A member may elect in writing not to insure the members 
 spouse under this subchapter. (3)(A) Subject to subparagraphs (B) and 
(C), the amount for which a person is insured under this subchapter is 
as follows: (i) In the case of a member, $400,000. (ii) In the case of 
      a members spouse, $100,000. (iii) In the case of a 
 members child, $10,000. (B) A member may elect in writing to 
 be insured or to insure the members spouse in an amount less 
than the amount provided for under subparagraph (A). The member may not 
   elect to insure the members child in an amount less than 
  $10,000. The amount of insurance so elected shall, in the case of a 
     member, be evenly divisible by $50,000 and, in the case of a 
members spouse, be evenly divisible by $10,000. (C) In no case 
    may the amount of insurance coverage under this subsection of a 
members spouse exceed the amount of insurance coverage of the 
member. (4)(A) An insurable dependent of a member is not insured under 
 this chapter unless the member is insured under this sub-chapter. (B) 
An insurable dependent who is a child may not be insured at any time by 
 the insurance coverage under this chapter of more than one member. If 
   an insurable dependent who is a child is otherwise eligible to be 
insured by the coverage of more than one member under this chapter, the 
child shall be insured by the coverage of the member whose eligibility 
  for insurance under this sub-chapter occurred first, except that if 
 that member does not have legal custody of the child, the child shall 
 be insured by the coverage of the member who has legal custody of the 
 child. (5) The insurance shall be effective with respect to a member 
    and the insurable dependents of the member on the latest of the 
 following dates: (A) The first day of active duty or active duty for 
   training. (B) The beginning of a period of inactive duty training 
scheduled in advance by competent authority. (C) The first day a member 
of the Ready Reserve meets the qualifications set forth in subparagraph 
(B) or (C) of section 1965(5) of this title. (D) The date certified by 
         the Secretary to the Secretary concerned as the date 
Servicemembers Group Life Insurance under this subchapter for 
   the class or group concerned takes effect. (E) In the case of an 
insurable dependent who is a spouse, the date of marriage of the spouse 
   to the member. (F) In the case of an insurable dependent who is a 
  child, the date of birth of such child or, if the child is not the 
   natural child of the member, the date on which the child acquires 
 status as an insurable dependent of the member. (b) Any member (other 
 than one who has elected not to be insured under this subchapter for 
 the period or periods of duty involved) (1) who, when authorized 
 or required by competent authority, assumes an obligation to perform 
    (for less than thirty-one days) active duty, or active duty for 
 training, or inactive duty training scheduled in advance by competent 
  authority; and (2) who is rendered uninsurable at standard premium 
rates according to the good health standards approved by the Secretary, 
     or dies within one hundred and twenty days thereafter, from a 
  disability, or aggravation of a preexisting disability, incurred by 
  such member while proceeding directly to or returning directly from 
 such active duty, active duty for training, or inactive duty training 
as the case may be; shall be deemed to have been on active duty, active 
 duty for training, or inactive duty training, as the case may be, and 
to have been insured under this subchapter at the time such disability 
was incurred or aggravated, and if death occurs within one hundred and 
  twenty days thereafter as a result of such disability to have been 
   insured at the time of death. In determining whether or not such 
  individual was so authorized or required to perform such duty, and 
whether or not such member was rendered uninsurable or died within one 
  hundred and twenty days thereafter from a disability so incurred or 
  aggravated, there shall be taken into account the call or order to 
duty, the orders and authorizations of competent authority, the hour on 
 which the member began to so proceed or to return, the hour on which 
such member was scheduled to arrive for, or on which such member ceased 
       to perform such duty; the method of travel employed; such 
    members itinerary; the manner in which the travel was 
performed; and the immediate cause of disability or death. Whenever any 
 claim is filed alleging that the claimant is entitled to benefits by 
    reason of this subsection, the burden of proof shall be on the 
claimant. (c) If a person eligible for insurance under this subchapter 
   is not so insured, or is insured for less than the maximum amount 
provided for the person under subparagraph (A) of subsection (a)(3), by 
 reason of an election made by a member under subparagraph (B) of that 
subsection, the person may thereafter be insured under this subchapter 
in the maximum amount or any lesser amount elected as provided in such 
subparagraph (B) upon written application by the member, proof of good 
   health of each person (other than a child) to be so insured, and 
compliance with such other terms and conditions as may be prescribed by 
the Secretary. Any former member insured under Veterans Group 
 Life Insurance who again becomes eligible for Servicemembers 
Group Life Insurance and declines such coverage solely for the purpose 
   of maintaining such members Veterans Group Life 
     Insurance in effect shall upon termination of coverage under 
 Veterans Group Life Insurance be automatically insured under 
  Servicemembers Group Life Insurance, if otherwise eligible 
therefor. (d) Whenever a member has the opportunity to make an election 
under subsection (a) not to be insured under this subchapter, or to be 
insured under this subchapter in an amount less than the maximum amount 
  in effect under paragraph (3)(A)(i) of that subsection, and at such 
    other times periodically thereafter as the Secretary concerned 
  considers appropriate, the Secretary concerned shall furnish to the 
member general information concerning life insurance. Such information 
   shall include (1) the purpose and role of life insurance in 
financial planning; (2) the difference between term life insurance and 
     whole life insurance; (3) the availability of commercial life 
  insurance; and (4) the relationship between Servicemembers 
 Group Life Insurance and Veterans Group Life Insurance. (e) 
   The effective date and time for any change in benefits under the 
Servicemembers Group Life Insurance Program shall be based on 
 the date and time according to the time zone immediately west of the 
 International Date Line. (f)(1) If a member who is married and who is 
   eligible for insurance under this section makes an election under 
   subsection (a)(2)(A) not to be insured under this subchapter, the 
   Secretary concerned shall notify the members spouse, in 
 writing, of that election. (2) In the case of a member who is married 
and who is insured under this section and whose spouse is designated as 
a beneficiary of the member under this subchapter, whenever the member 
   makes an election under subsection (a)(3)(B) for insurance of the 
member in an amount that is less than the maximum amount provided under 
   subsection (a)(3)(A)(i), the Secretary concerned shall notify the 
 members spouse, in writing, of that election (A) in the 
case of the first such election; and (B) in the case of any subsequent 
such election if the effect of such election is to reduce the amount of 
insurance coverage of the member from that in effect immediately before 
 such election. (3) In the case of a member who is married and who is 
  insured under this section, if the member makes a designation under 
section 1970(a) of this title of any person other than the spouse or a 
child of the member as the beneficiary of the member for any amount of 
 insurance under this subchapter, the Secretary concerned shall notify 
   the members spouse, in writing, that such a beneficiary 
      designation has been made by the member, except that such a 
notification is not required if the spouse has previously received such 
 a notification under this paragraph and if immediately before the new 
   designation by the member under section 1970(a) of this title the 
spouse is not a designated beneficiary of the member for any amount of 
 insurance under this subchapter. (4) A notification required by this 
subsection is satisfied by a good faith effort to provide the required 
  information to the spouse at the last address of the spouse in the 
 records of the Secretary concerned. Failure to provide a notification 
 required under this subsection in a timely manner does not affect the 
     validity of any election specified in paragraph (1) or (2) or 
  beneficiary designation specified in paragraph (3). (Added Pub. L. 
  89214, Sec. 1(a), Sept. 29, 1965, 79 Stat. 881, Sec. 767; 
 amended Pub. L. 91291, Sec. 2, June 25, 1970, 84 Stat. 327; 
  Pub. L. 93289, Sec. 4, May 24, 1974, 88 Stat. 166; Pub. L. 
  9766, title IV, Sec. 401(a), Oct. 17, 1981, 95 Stat. 1030; 
 Pub. L. 99166, title IV, Sec. 401(a), Dec. 3, 1985, 99 Stat. 
 956; Pub. L. 99 576, title VII, Sec. 701(37), Oct. 28, 1986, 
100 Stat. 3293; Pub. L. 10225, title III, Sec. 336(a), Apr. 6, 
     1991, 105 Stat. 89; renumbered Sec. 1967 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
  Stat. 404406; Pub. L. 102568, title II, Sec. 201, 
 Oct. 29, 1992, 106 Stat. 4324; Pub. L. 103160, div. A, title 
       XI, Sec. 1175(a), Nov. 30, 1993, 107 Stat. 1768; Pub. L. 
103337, div. A, title VI, Sec. 651(b), Oct. 5, 1994, 108 Stat. 
  2792; Pub. L. 104106, div. A, title VI, Sec. 646, Feb. 10, 
 1996, 110 Stat. 369; Pub. L. 104275, title IV, Secs. 402(b), 
    404, 405(b)(1)(A), Oct. 9, 1996, 110 Stat. 3337, 3339; Pub. L. 
  106419, title III, Secs. 312(a), 313(b), Nov. 1, 2000, 114 
Stat. 1854, 1855; Pub. L. 10714, Sec. 4(b), June 5, 2001, 115 
        Stat. 26; Pub. L. 10913, div. A, title I, Sec. 
       1012(a)(c)(1), (d), (f), May 11, 2005, 119 Stat. 
244246; Pub. L. 10980, Secs. 2, 3(a), 4, 5(a), Sept. 
30, 2005, 119 Stat. 2045, 2046; Pub. L. 110389, title IV, Sec. 
       403(a)(1), (2)(A), Oct. 10, 2008, 122 Stat. 4174; Pub. L. 
  111275, title X, Sec. 1001(d)(1), Oct. 13, 2010, 124 Stat. 
  2896.) ' 1968. Duration and termination of coverage; conversion (a) 
Each policy purchased under this subchapter shall contain a provision, 
 in terms approved by the Secretary, to the effect that any insurance 
 thereunder on any member of the uniformed services, and any insurance 
    thereunder on any insurable dependent of such a member, unless 
  discontinued or reduced upon the written request of the insured (or 
 discontinued pursuant to section 1969(a)(2)(B) of this title), shall 
continue in effect while the member is on active duty, active duty for 
 training, or inactive duty training scheduled in advance by competent 
  authority during the period thereof, or while the member meets the 
qualifications set forth in subparagraph (B) or (C) of section 1965(5) 
   of this title and such insurance shall cease as follows: (1) With 
respect to a member on active duty or active duty for training under a 
 call or order to duty that does not specify a period of less than 31 
 days, insurance under this subchapter shall cease as follows: (A) 120 
 days after the separation or release from active duty or active duty 
  for training, unless on the date of such separation or release the 
     member is totally disabled, under criteria established by the 
 Secretary, in which event the insurance shall cease on the earlier of 
 the following dates (but in no event before the end of 120 days after 
 such separation or release): (i) The date on which the insured ceases 
to be totally disabled. (ii) The date that is two years after the date 
   of separation or release from such active duty or active duty for 
training. (B) At the end of the thirty-first day of a continuous period 
  of (i) absence without leave, (ii) confinement by civil authorities 
under a sentence adjudged by a civilian court, or (iii) confinement by 
  military authorities under a court-martial sentence involving total 
 forfeiture of pay and allowances. Any insurance so terminated as the 
result of such an absence or confinement, together with any beneficiary 
 designation in effect for such insurance at such termination thereof, 
shall be automatically revived as of the date the member is restored to 
active duty with pay or to active duty for training with pay. (2) With 
respect to a member on active duty or active duty for training under a 
  call or order to duty that specifies a period of less than 31 days, 
insurance under this subchapter shall cease at midnight, local time, on 
the last day of such duty, unless on such date the insured is suffering 
  from a disability incurred or aggravated during such period which, 
within 120 days after such date, (i) results in death, or (ii) renders 
the member uninsurable at standard premium rates according to the good 
    health standards approved by the Secretary, in which event the 
insurance shall continue in force to death, or for 120 days after such 
 date, whichever is the earlier date. (3) With respect to a member on 
  inactive duty training scheduled in advance by competent authority, 
    insurance under this subchapter shall cease at the end of such 
scheduled training period, unless at such time the insured is suffering 
  from a disability incurred, or aggravated during such period which, 
within 120 days after the date of such training, (i) results in death, 
   or (ii) renders the member uninsurable at standard premium rates 
  according to the good health standards approved by the Secretary in 
which event the insurance shall continue in force to death, or for 120 
days after the date such training terminated, whichever is the earlier 
date. (4) With respect to a member of the Ready Reserve of a uniformed 
 service who meets the qualifications set forth in subparagraph (B) or 
 (C) of section 1965(5) of this title, insurance under this subchapter 
shall cease 120 days after separation or release from such assignment, 
unless on the date of such separation or release the member is totally 
 disabled, under criteria established by the Secretary, in which event 
the insurance shall cease on the earlier of the following dates (but in 
 no event before the end of 120 days after separation or release from 
   such assignment): (A) The date on which the insured ceases to be 
  totally disabled. (B) The date that is two years after the date of 
  separation or release from such assignment. (5) With respect to an 
  insurable dependent of the member, insurance under this subchapter 
  shall cease (A) 120 days after the date of an election made in 
writing by the member to terminate the coverage; or (B) on the earliest 
  of (i) 120 days after the date of the members death; 
  (ii)(I) in the case of a member of the Ready Reserve of a uniformed 
 service who meets the qualifications set forth in subparagraph (B) or 
  (C) of section 1965(5) of this title, 120 days after separation or 
 release from such assignment; or (II) in the case of any other member 
       of the uniformed services, 120 days after the date of the 
members separation or release from the uniformed services; or 
(iii) 120 days after the termination of the dependents status 
 as an insurable dependent of the member. (b)(1) Each policy purchased 
 under this subchapter shall contain a provision, in terms approved by 
         the Secretary, that, except as hereinafter provided, 
  Servicemembers Group Life Insurance which is continued in 
 force after expiration of the period of duty or travel under section 
1967(b) or 1968(a) of this title, effective the day after the date such 
  insurance would cease (A) shall be automatically converted to 
Veterans Group Life Insurance (to insure against death of the 
member only), subject to (i) the timely payment of the initial premium 
    under terms prescribed by the Secretary, and (ii) the terms and 
   conditions set forth in section 1977 of this title; or (B) at the 
 election of the member, shall be converted to an individual policy of 
 insurance as described in section 1977(e) of this title upon written 
 application for conversion made to the participating company selected 
   by the member and payment of the required premiums. (2) Automatic 
 conversion to Veterans Group Life Insurance under paragraph 
(1) shall be effective only in the case of an otherwise eligible member 
 or former member who is separated or released from a period of active 
duty or active duty for training or inactive duty training on or after 
 the date on which the Veterans Group Life Insurance program 
  (provided for under section 1977 of this title) becomes effective. 
 (3)(A) In the case of a policy purchased under this subchapter for an 
 insurable dependent who is a spouse, upon election of the spouse, the 
policy may be converted to an individual policy of insurance under the 
  same conditions as described in section 1977(e) of this title (with 
   respect to conversion of a Veterans Group Life Insurance 
   policy to such an individual policy) upon written application for 
conversion made to the participating company selected by the spouse and 
    payment of the required premiums. Conversion of such policy to 
 Veterans Group Life Insurance is prohibited. (B) In the case 
of a policy purchased under this subchapter for an insurable dependent 
who is a child, such policy may not be converted under this subsection. 
(Added Pub. L. 89214, Sec. 1(a), Sept. 29, 1965, 79 Stat. 881, 
  Sec. 768; amended Pub. L. 91291, Sec. 3, June 25, 1970, 84 
 Stat. 328; Pub. L. 93289, Sec. 5(a), May 24, 1974, 88 Stat. 
166; Pub. L. 97295, Sec. 4(30), Oct. 12, 1982, 96 Stat. 1307; 
  Pub. L. 99576, title VII, Sec. 701(38), Oct. 28, 1986, 100 
 Stat. 3293; renumbered Sec. 1968 and amended Pub. L. 10283, 
      Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
   404406; Pub. L. 103337, div. A, title VI, Sec. 
651(c), title XVI, Sec. 1677(d)(1), Oct. 5, 1994, 108 Stat. 2792, 3020; 
Pub. L. 104106, div. A, title VI, Sec. 647(b), Feb. 10, 1996, 
110 Stat. 370; Pub. L. 104275, title IV, Secs. 402(c), 403(a), 
      405(b)(1)(B), Oct. 9, 1996, 110 Stat. 3337 to 3339; Pub. L. 
  10665, div. A, title X, Sec. 1066(d)(1), Oct. 5, 1999, 113 
  Stat. 773; Pub. L. 106419, title III, Sec. 313(b), Nov. 1, 
 2000, 114 Stat. 1855; Pub. L. 10714, Sec. 4(c), (f), June 5, 
 2001, 115 Stat. 28, 29; Pub. L. 109233, title III, Sec. 301, 
 June 15, 2006, 120 Stat. 405; Pub. L. 110389, title IV, Sec. 
 403(b), Oct. 10, 2008, 122 Stat. 4174; Pub. L. 111275, title 
    IV, Secs. 402(a), 403, Oct. 13, 2010, 124 Stat. 2879.) ' 1969. 
 Deductions; payment; investment; expenses (a)(1) During any period in 
which a member, on active duty or active duty for training under a call 
   or order to such duty that does not specify a period of less than 
 thirty-one days, is insured under Servicemembers Group Life 
Insurance, there shall be deducted each month from the members 
basic or other pay until separation or release from such duty an amount 
   determined by the Secretary (which shall be the same for all such 
members) as the share of the cost attributable to insuring such member 
under such policy, less any costs traceable to the extra hazard of such 
   duty in the uniformed service. (2)(A) During any month in which a 
 member is assigned to the Ready Reserve of a uniformed service under 
conditions which meet the qualifications of subparagraph (B) or (C) of 
    section 1965(5) of this title, and is insured under a policy of 
insurance purchased by the Secretary, under section 1966 of this title, 
there shall be contributed from the appropriation made for active duty 
  pay of the uniformed service concerned an amount determined by the 
 Secretary (which shall be the same for all such members) as the share 
  of the cost attributable to insuring such member under this policy, 
   less any costs traceable to the extra hazards of such duty in the 
    uniformed services. Any amounts so contributed on behalf of any 
  individual shall be collected by the Secretary concerned from such 
 individual (by deduction from pay or otherwise) and shall be credited 
 to the appropriation from which such contribution was made. (B) If an 
   individual who is required pursuant to subparagraph (A) to make a 
direct remittance of costs to the Secretary concerned fails to make the 
required remittance within 60 days of the date on which such remittance 
is due, such individuals insurance with respect to which such 
remittance is required shall be terminated by the Secretary concerned. 
        Such termination shall be made by written notice to the 
 individuals official address and shall be effective 60 days 
  after the date of such notice. Such termination of insurance may be 
 vacated if, before the effective date of termination, the individual 
remits all amounts past due for such insurance and demonstrates to the 
satisfaction of the Secretary concerned that the failure to make timely 
  remittances was justifiable. (3) During any fiscal year, or portion 
 thereof, that a member is on active duty or active duty for training 
under a call or order to such duty that specifies a period of less than 
thirty-one days, or is authorized or required to perform inactive duty 
 training scheduled in advance by competent authority, and is insured 
   under Servicemembers Group Life Insurance, the Secretary 
   concerned shall collect from the member (by deduction from pay or 
 otherwise) an amount determined by the Secretary (which shall be the 
  same for all such members) as the share of the cost attributable to 
insuring such member under such policy, less any costs traceable to the 
extra hazard of such duty in the uniformed service. (4) Any amount not 
    deducted from the basic or other pay of a member insured under 
  Servicemembers Group Life Insurance, or collected from the 
  member by the Secretary concerned, if not otherwise paid, shall be 
  deducted from the proceeds of any insurance thereafter payable. The 
  initial monthly amount under paragraph (1) or (2) hereof, or fiscal 
year amount under paragraph (3) hereof, determined by the Secretary to 
 be charged under this section for Servicemembers Group Life 
Insurance may be continued from year to year, except that the Secretary 
 may redetermine such monthly or fiscal year amounts from time to time 
in accordance with experience. No refunds will be made to any member of 
 any amount properly deducted from the members basic or other 
pay, or collected from the member by the Secretary concerned, to cover 
    the insurance granted under Servicemembers Group Life 
Insurance. (b) For each month for which any member is so insured, there 
shall be contributed from the appropriation made for active duty pay of 
 the uniformed service concerned an amount determined by the Secretary 
      and certified to the Secretary concerned to be the cost of 
Servicemembers Group Life Insurance which is traceable to the 
 extra hazard of duty in the uniformed services. Effective January 1, 
 1970, such cost shall be determined by the Secretary on the basis of 
  the excess mortality incurred by members and former members of the 
  uniformed services insured under Servicemembers Group Life 
 Insurance above what their mortality would have been under peacetime 
conditions as such mortality is determined by the Secretary using such 
methods and data as the Secretary shall determine to be reasonable and 
   practicable. The Secretary is authorized to make such adjustments 
  regarding contributions from pay appropriations as may be indicated 
from actual experience. (c) An amount equal to the first amount due on 
   Servicemembers Group Life Insurance may be advanced from 
current appropriations for active-service pay to any such member, which 
 amount shall constitute a lien upon any service or other pay accruing 
 to the person from whom such advance was made and shall be collected 
 therefrom if not otherwise paid. No disbursing or certifying officer 
 shall be responsible for any loss incurred by reason of such advance. 
  (d)(1) The sums withheld from the basic or other pay of members, or 
collected from them by the Secretary concerned, under subsection (a) of 
   this section, and the sums contributed from appropriations under 
 subsection (b) of this section, together with the income derived from 
any dividends or premium rate adjustments received from insurers shall 
   be deposited to the credit of a revolving fund established in the 
 Treasury of the United States. All premium payments and extra hazard 
     costs on Servicemembers Group Life Insurance and the 
 administrative cost to the Department of insurance issued under this 
subchapter shall be paid from the revolving fund. (2) The Secretary is 
 authorized to set aside out of the revolving fund such amounts as may 
   be required to meet the administrative costs to the Department of 
insurance issued under this subchapter and all current premium payments 
 and extra hazard costs on any insurance policy or policies purchased 
  under section 1966 of this title. The Secretary of the Treasury is 
authorized to invest in and to sell and retire special interest-bearing 
obligations of the United States for the account of the revolving fund. 
 Such obligations issued for this purpose shall have maturities fixed 
with due regard for the needs of the fund and shall bear interest at a 
 rate equal to the average market yield (computed by the Secretary of 
  the Treasury on the basis of market quotations as of the end of the 
  calendar month next preceding the date of issue) on all marketable 
 interest-bearing obligations of the United States then forming a part 
   of the public debt which are not due or callable until after the 
 expiration of four years from the end of such calendar month; except 
that where such average market yield is not a multiple of one-eighth of 
  1 per centum, the rate of interest of such obligation shall be the 
 multiple of one-eighth of 1 per centum nearest such market yield. (3) 
   Notwithstanding the provisions of section 1982 of this title, the 
Secretary shall, from time to time, determine the administrative costs 
    to the Department which in the Secretarys judgment are 
properly allocable to insurance issued under this subchapter and shall 
    transfer such cost from the revolving fund to the appropriation 
    General Operating Expenses, Department of Veterans 
Affairs. (e) The Secretary of Defense shall prescribe 
regulations for the administration of the functions of the Secretaries 
of the military departments under this section. Such regulations shall 
     prescribe such procedures as the Secretary of Defense, after 
consultation with the Secretary, may consider necessary to ensure that 
 such functions are carried out in a timely and complete manner and in 
accordance with the provisions of this section, including specifically 
    the provisions of subsection (a)(2) of this section relating to 
 contributions from appropriations made for active duty pay. (f)(1) No 
tax, fee, or other monetary payment may be imposed or collected by any 
State, or by any political subdivision or other governmental authority 
 of a State, on or with respect to any premium paid under an insurance 
  policy purchased under this sub-chapter. (2) Paragraph (1) of this 
   subsection shall not be construed to exempt any company issuing a 
    policy of insurance under this sub-chapter from the imposition, 
payment, or collection of a tax, fee, or other monetary payment on the 
   net income or profit accruing to or realized by that company from 
business conducted under this sub-chapter, if that tax, fee, or payment 
 is applicable to a broad range of business activity. (g)(1)(A) During 
    any period in which a spouse of a member is insured under this 
 subchapter and the member is on active duty, there shall be deducted 
     each month from the members basic or other pay until 
  separation or release from active duty an amount determined by the 
Secretary as the premium allocable to the pay period for providing that 
 insurance coverage. No premium may be charged for providing insurance 
    coverage for a child. (B) During any month in which a member is 
 assigned to the Ready Reserve of a uniformed service under conditions 
 which meet the qualifications set forth in subparagraph (B) or (C) of 
 section 1965(5) of this title and the spouse of the member is insured 
 under a policy of insurance purchased by the Secretary under section 
 1966 of this title, there shall be contributed from the appropriation 
 made for active duty pay of the uniformed service concerned an amount 
 determined by the Secretary as the share of the cost attributable to 
 insuring the spouse of such member under this policy, less any costs 
traceable to the extra hazards of such duty in the uniformed services. 
    Any amounts so contributed on behalf of any individual shall be 
collected by the Secretary concerned from such individual (by deduction 
from pay or otherwise) and shall be credited to the appropriation from 
which such contribution was made. (2)(A) The Secretary shall determine 
   the premium amounts to be charged for life insurance coverage for 
spouses of members under this subchapter. (B) The premium amounts shall 
  be determined on the basis of sound actuarial principles and shall 
 include an amount necessary to cover the administrative costs to the 
insurer or insurers providing such insurance. (C) Each premium rate for 
 the first policy year shall be continued for subsequent policy years, 
  except that the rate may be adjusted for any such subsequent policy 
year on the basis of the experience under the policy, as determined by 
the Secretary in advance of that policy year. (h) Any overpayment of a 
 premium for insurance coverage for an insurable dependent of a member 
  that is terminated under section 1968(a)(5) of this title shall be 
refunded to the member. (Added Pub. L. 89214, Sec. 1(a), Sept. 
29, 1965, 79 Stat. 881, Sec. 769; amended Pub. L. 91291, Sec. 
4, June 25, 1970, 84 Stat. 329; Pub. L. 93289, Sec. 6, 10(2), 
May 24, 1974, 88 Stat. 168, 172; Pub. L. 9766, title IV, Sec. 
 402, Oct. 17, 1981, 95 Stat. 1031; Pub. L. 99576, title VII, 
 Sec. 701(39), Oct. 28, 1986, 100 Stat. 3293; Pub. L. 100322, 
 title III, Sec. 332(a), May 20, 1988, 102 Stat. 537; renumbered Sec. 
  1969 and amended Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
103337, div. A, title VI, Sec. 651(d), Oct. 5, 1994, 108 Stat. 
2793; Pub. L. 103446, title XII, Sec. 1201(e)(8), (i)(3), Nov. 
 2, 1994, 108 Stat. 4685, 4688; Pub. L. 104106, div. A, title 
VI, Sec. 647(a), Feb. 10, 1996, 110 Stat. 370; Pub. L. 104275, 
  title IV, Secs. 402(d), 405(b)(1)(C), Oct. 9, 1996, 110 Stat. 3337, 
 3339; Pub. L. 106419, title III, Sec. 313(b), Nov. 1, 2000, 
 114 Stat. 1855; Pub. L. 10714, Sec. 4(d), June 5, 2001, 115 
Stat. 29; Pub. L. 10913, div. A, title I, Sec. 1012(c)(2), May 
  11, 2005, 119 Stat. 245; Pub. L. 10980, Sec. 2, Sept. 30, 
     2005, 119 Stat. 2045; Pub. L. 110389, title IV, Sec. 
      403(a)(2)(B), (c), Oct. 10, 2008, 122 Stat. 4174.) ' 1970. 
 Beneficiaries; payment of insurance (a) Any amount of insurance under 
this subchapter in force on any member or former member on the date of 
the insureds death shall be paid, upon the establishment of a 
valid claim therefor, to the person or persons surviving at the date of 
  the insureds death, in the following order of precedence: 
  First, to the beneficiary or beneficiaries as the member or former 
member may have designated by a writing received prior to death (1) in 
 the uniformed services if insured under Servicemembers Group 
 Life Insurance, or (2) in the administrative office established under 
section 1966(b) of this title if separated or released from service, or 
         if assigned to the Retired Reserve, and insured under 
   Servicemembers Group Life Insurance, or if insured under 
  Veterans Group Life Insurance; Second, if there be no such 
 beneficiary, to the widow or widower of such member or former member; 
Third, if none of the above, to the child or children of such member or 
 former member and descendants of deceased children by representation; 
 Fourth, if none of the above, to the parents of such member or former 
  member or the survivor of them; Fifth, if none of the above, to the 
 duly appointed executor or administrator of the estate of such member 
or former member; Sixth, if none of the above, to other next of kin of 
  such member or former member entitled under the laws of domicile of 
   such member or former member at the time of the insureds 
   death. (b) If any person otherwise entitled to payment under this 
section does not make claim therefor within one year after the death of 
 the member or former member, or if payment to such person within that 
 period is prohibited by Federal statute or regulation, payment may be 
 made in the order of precedence as if such person had predeceased the 
    member or former member, and any such payment shall be a bar to 
recovery by any other person. (c) If, within two years after the death 
of the member or former member, no claim for payment has been filed by 
  any person entitled under the order of precedence set forth in this 
   section, and neither the Secretary nor the administrative office 
 established by the insurance company or companies pursuant to section 
1966(b) of this title has received any notice that any such claim will 
 be made, payment may be made to a claimant as may in the judgment of 
the Secretary be equitably entitled thereto, and such payment shall be 
    a bar to recovery by any other person. (d) The member may elect 
 settlement of insurance under this subchapter either in a lump sum or 
 in thirty-six equal monthly installments. If no such election is made 
  by the member the beneficiary or beneficiaries may elect settlement 
 either in a lump sum or in thirty-six equal monthly installments. If 
  the member has elected settlement in a lump sum, the beneficiary or 
    beneficiaries may elect settlement in thirty-six equal monthly 
  installments. (e) Until and unless otherwise changed, a beneficiary 
     designation and settlement option filed by a member with the 
 members uniformed service under prior provisions of law will 
 be effective with respect to the increased insurance authorized under 
the Veterans Insurance Act of 1974 and the insurance shall be 
settled in the same proportionate amount as the portion designated for 
   such beneficiary or beneficiaries bore to the amount of insurance 
 heretofore in effect. (f) Notwithstanding the provisions of any other 
law, payment of matured Servicemembers Group Life Insurance or 
Veterans Group Life Insurance benefits may be made directly to 
a minor widow or widower on his or her own behalf, and payment in such 
 case shall be a complete acquittance to the insurer. (g) Any payments 
due or to become due under Servicemembers Group Life Insurance 
or Veterans Group Life Insurance made to, or on account of, an 
insured or a beneficiary shall be exempt from taxation, shall be exempt 
 from the claims of creditors, and shall not be liable to attachment, 
 levy, or seizure by or under any legal or equitable process whatever, 
   either before or after receipt by the beneficiary. The preceding 
sentence shall not apply to (1) collection of amounts not deducted from 
   the members pay, or collected from him by the Secretary 
     concerned under section 1969(a) of this title, (2) levy under 
  subchapter D of chapter 64 of the Internal Revenue Code of 1986 (26 
     U.S.C. 6331 et seq.) (relating to the seizure of property for 
collection of taxes), and (3) the taxation of any property purchased in 
 part or wholly out of such payments. (h) Insurance payable under this 
subchapter may not be paid in any amount to the extent that such amount 
 would escheat to a State. Payment of insurance under this subchapter 
   may not be made to the estate of the insured or the estate of any 
 beneficiary of the insured unless it is affirmatively shown that any 
 amount to be paid will not escheat to a State. Any amount to be paid 
   under this subchapter shall be reduced to the extent necessary to 
comply with this subsection. (i) Any amount of insurance in force on an 
 insurable dependent of a member under this subchapter on the date of 
the dependents death shall be paid, upon the establishment of 
     a valid claim therefor, to the member or, in the event of the 
 members death before payment to the member can be made, then 
to the person or persons entitled to receive payment of the proceeds of 
 insurance on the members life under this subchapter. (Added 
 Pub. L. 89214, Sec. 1(a), Sept. 29, 1965, 79 Stat. 883, Sec. 
 770; amended Pub. L. 91291, Sec. 5, June 25, 1970, 84 Stat. 
 330; Pub. L. 93289, Sec. 7, May 24, 1974, 88 Stat. 169; Pub. 
 L. 97295, Sec. 4(31), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 
 97306, title IV, Sec. 401(a), Oct. 14, 1982, 96 Stat. 1442; 
  Pub. L. 99576, title VII, Sec. 701(40), Oct. 28, 1986, 100 
Stat. 3294; Pub. L. 10254, Sec. 14(b)(17), June 13, 1991, 105 
  Stat. 284; renumbered Sec. 1970 and amended Pub. L. 10283, 
      Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
404406; Pub. L. 104275, title IV, Sec. 405(b)(1)(D), 
Oct. 9, 1996, 110 Stat. 3339; Pub. L. 105368, title III, Sec. 
  302(b), Nov. 11, 1998, 112 Stat. 3333; Pub. L. 10714, Sec. 
4(e), June 5, 2001, 115 Stat. 29; Pub. L. 10913, div. A, title 
 I, Sec. 1012(g), May 11, 2005, 119 Stat. 246; Pub. L. 10980, 
   Sec. 2, Sept. 30, 2005, 119 Stat. 2045.) ' 1971. Basic tables of 
 premiums; readjustment of rates (a) Each policy or policies purchased 
  under section 1966 of this title shall include for the first policy 
year a schedule of basic premium rates by age which the Secretary shall 
have determined on a basis consistent with the lowest schedule of basic 
 premium rates generally charged for new group life insurance policies 
issued to large employers, this schedule of basic premium rates by age 
  to be applied, except as otherwise provided in this section, to the 
  distribution by age of the amount of group life insurance under the 
 policy at its date of issue to determine an average basic premium per 
   $1,000 of insurance. Each policy so purchased shall also include 
provisions whereby the basic rates of premium determined for the first 
policy year shall be continued for subsequent policy years, except that 
they may be readjusted for any subsequent year, based on the experience 
under the policy, such readjustment to be made by the insurance company 
or companies issuing the policy on a basis determined by the Secretary 
 in advance of such year to be consistent with the general practice of 
life insurance companies under policies of group life insurance issued 
to large employers. (b) The total premiums for Servicemembers 
Group Life Insurance shall be the sum of the amounts computed according 
   to the provisions of subsection (a) above and the estimated cost 
traceable to the extra hazard of active duty in the uniformed services 
  as determined by the Secretary, subject to the provision that such 
 estimated costs traceable to the extra hazard shall be retroactively 
readjusted annually in accordance with section 1969(b). (c) Each policy 
so purchased shall include a provision that, in the event the Secretary 
determines that ascertaining the actual age distribution of the amounts 
of group life insurance in force at the date of issue of the policy or 
at the end of the first or any subsequent year of insurance thereunder 
would not be possible except at a disproportionately high expense, the 
 Secretary may approve the determination of a tentative average group 
 life premium, for the first or any subsequent policy year, in lieu of 
using the actual age distribution. Such tentative average premium rate 
  shall be redetermined by the Secretary during any policy year upon 
 request by the insurance company or companies issuing the policy, if 
   experience indicates that the assumptions made in determining the 
tentative average premium rate for that policy year were incorrect. (d) 
  Each policy so purchased shall contain a provision stipulating the 
   maximum expense and risk charges for the first policy year, which 
    charges shall have been determined by the Secretary on a basis 
    consistent with the general level of such charges made by life 
 insurance companies under policies of group life insurance issued to 
 large employers. Such maximum charges shall be continued from year to 
 year, except that the Secretary may redetermine such maximum charges 
    for any year either by agreement with the insurance company or 
   companies issuing the policy or upon written notice given by the 
    Secretary to such companies at least one year in advance of the 
beginning of the year for which such redetermined maximum charges will 
 be effective. (e) Each such policy shall provide for an accounting to 
 the Secretary not later than ninety days after the end of each policy 
 year, which shall set forth, in a form approved by the Secretary, (1) 
the amounts of premiums actually accrued under the policy from its date 
of issue to the end of such policy year, (2) the total of all mortality 
 and other claim charges incurred for that period, and (3) the amounts 
 of the insurers expense and risk charge for that period. Any 
excess of the total of item (1) over the sum of items (2) and (3) shall 
 be held by the insurance company or companies issuing the policy as a 
  special contingency reserve to be used by such insurance company or 
  companies for charges under such policy only, such reserve to bear 
 interest at a rate to be determined in advance of each policy year by 
the insurance company or companies issuing the policy, which rate shall 
    be approved by the Secretary as being consistent with the rates 
  generally used by such company or companies for similar funds held 
 under other group life insurance policies. If and when the Secretary 
determines that such special contingency reserve has attained an amount 
 estimated by the Secretary to make satisfactory provision for adverse 
  fluctuations in future charges under the policy, any further excess 
  shall be deposited to the credit of the revolving fund established 
  under section 1969(d)(1) of this title. If and when such policy is 
  discontinued, and if after all charges have been made, there is any 
 positive balance remaining in such special contingency reserve, such 
balance shall be deposited to the credit of the revolving fund, subject 
 to the right of the insurance company or companies issuing the policy 
to make such deposit in equal monthly installments over a period of not 
 more than two years. (Added Pub. L. 89214, Sec. 1(a), Sept. 
29, 1965, 79 Stat. 884, Sec. 771; amended Pub. L. 93289, Sec. 
8, May 24, 1974, 88 Stat. 169; renumbered Sec. 1971 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
    Stat. 404406; Pub. L. 104275, title IV, Sec. 
     405(b)(1)(E), Oct. 9, 1996, 110 Stat. 3339.) ' 1972. Benefit 
 certificates The Secretary shall arrange to have each member insured 
  under a policy purchased under section 1966 of this title receive a 
certificate setting forth the benefits to which the member is entitled 
   thereunder, to whom such benefit shall be payable, to whom claims 
   should be submitted, and summarizing the provisions of the policy 
principally affecting the member. Such certificate shall be in lieu of 
    the certificate which the insurance company or companies would 
  otherwise be required to issue. (Added Pub. L. 89214, Sec. 
1(a), Sept. 29, 1965, 79 Stat. 885, Sec. 772; renumbered Sec. 1972 and 
  amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), 
Aug. 6, 1991, 105 Stat. 404406.) ' 1973. Forfeiture Any person 
  guilty of mutiny, treason, spying, or desertion, or who, because of 
   conscientious objections, refuses to perform service in the Armed 
  Forces of the United States or refuses to wear the uniform of such 
 force, shall forfeit all rights to Servicemembers Group Life 
    Insurance and Veterans Group Life Insurance under this 
subchapter. No such insurance shall be payable for death inflicted as a 
 lawful punishment for crime or for military or naval offense, except 
    when inflicted by an enemy of the United States. (Added Pub. L. 
  89214, Sec. 1(a), Sept. 29, 1965, 79 Stat. 885, Sec. 773; 
renumbered Sec. 1973, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
     105 Stat. 406; amended Pub. L.104275, title IV, Sec. 
 405(b)(1)(F), Oct. 9, 1996, 110 Stat. 3339; Pub. L. 110389, 
title IV, Sec. 403(d), Oct. 10, 2008, 122 Stat. 4174.) ' 1974. Advisory 
Council on Servicemembers Group Life Insurance (a) There is an 
 Advisory Council on Servicemembers Group Life Insurance. The 
council consists of (1) the Secretary of the Treasury, who is the 
    chairman of the council; (2) the Secretary of Defense; (3) the 
Secretary of Commerce; (4) the Secretary of Health and Human Services; 
  (5) the Secretary of Homeland Security; and (6) the Director of the 
  Office of Management and Budget. Members of the council shall serve 
 without additional compensation. (b) The council shall meet at least 
  once a year, or more often at the call of the Secretary of Veterans 
  Affairs. The council shall review the operations of the Department 
  under this subchapter and shall advise the Secretary on matters of 
   policy relating to the Secretarys activities under this 
 subchapter. (Added Pub. L. 89214, Sec. 1(a), Sept. 29, 1965, 
 79 Stat. 885, Sec. 774; amended Pub. L. 91291, Sec. 6, June 
  25, 1970, 84 Stat. 331; Pub. L. 93289, Sec. 10(3), May 24, 
  1974, 88 Stat. 172; Pub. L. 97295, Sec. 4(95)(A), Oct. 12, 
 1982, 96 Stat. 1313; Pub. L. 99576, title VII, Sec. 701(41), 
Oct. 28, 1986, 100 Stat. 3294; Pub. L. 102 54, Sec. 14(b)(18), 
      June 13, 1991, 105 Stat. 284; renumbered Sec. 1974, Pub. L. 
   102 83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
104275, title IV, Sec. 405(b)(1)(G), (2)(B), Oct. 9, 1996, 110 
 Stat. 3339; Pub. L. 108183, title VII, Sec. 708(a)(4), Dec. 
16, 2003, 117 Stat. 2673.) ' 1975. Jurisdiction of District Courts The 
 district courts of the United States shall have original jurisdiction 
  of any civil action or claim against the United States founded upon 
 this subchapter. (Added Pub. L. 89214, Sec. 1(a), Sept. 29, 
      1965, 79 Stat. 885, Sec. 775; renumbered Sec. 1975, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1976. 
 Effective date The insurance provided for in this subchapter and the 
deductions and contributions for that purpose shall take effect on the 
date designated by the Secretary and certified by the Secretary to each 
 Secretary concerned. (Added Pub. L. 89214, Sec. 1(a), Sept. 
29, 1965, 79 Stat. 885, Sec. 776; amended Pub. L. 99576, title 
VII, Sec. 701(42), Oct. 28, 1986, 100 Stat. 3294; renumbered Sec. 1976 
and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 
1991, 105 Stat. 404406.) ' 1977. Veterans Group Life 
Insurance (a)(1) Veterans Group Life Insurance shall be issued 
in the amounts specified in section 1967(a) of this title. In the case 
of any individual, the amount of Veterans Group Life Insurance 
    may not exceed the amount of Servicemembers Group Life 
   Insurance coverage continued in force after the expiration of the 
   period of duty or travel under section 1967(b) or 1968(a) of this 
title. No person may carry a combined amount of Servicemembers 
Group Life Insurance and Veterans Group Life Insurance at any 
 one time in excess of the maximum amount for Servicemembers 
 Group Life Insurance in effect under section 1967(a)(3)(A)(i) of this 
  title. (2) If any person insured under Veterans Group Life 
  Insurance again becomes insured under Servicemembers Group 
     Life Insurance but dies before terminating or converting such 
 persons Veterans Group Insurance, Veterans 
 Group Life Insurance shall be payable only if such person is insured 
 under Servicemembers Group Life Insurance for less than the 
       maximum amount for such insurance in effect under section 
1967(a)(3)(A)(i) of this title, and then only in an amount which, when 
  added to the amount of Servicemembers Group Life Insurance 
   payable, does not exceed such maximum amount in effect under such 
 section. (b) Veterans Group Life Insurance shall (1) provide 
 protection against death; (2) be issued on a renewable five-year term 
basis; (3) have no cash, loan, paid-up, or extended values; (4) except 
   as otherwise provided, lapse for nonpayment of premiums; and (5) 
contain such other terms and conditions as the Secretary determines to 
 be reasonable and practicable which are not specifically provided for 
   in this section, including any provisions of this sub-chapter not 
 specifically made inapplicable by the provisions of this section. (c) 
   The premiums for Veterans Group Life Insurance shall be 
established under the criteria set forth in sections 1971(a) and (c) of 
this title, except that the Secretary may provide for average premiums 
   for such various age groupings as the Secretary may decide to be 
necessary according to sound actuarial principles, and shall include an 
amount necessary to cover the administrative cost of such insurance to 
the company or companies issuing such insurance. Such premiums shall be 
    payable by the insureds thereunder as provided by the Secretary 
 directly to the administrative office established for such insurance 
 under section 1966(b) of this title. In any case in which a member or 
 former member who was mentally incompetent on the date such member or 
 former member first became insured under Veterans Group Life 
 Insurance dies within one year of such date, such insurance shall be 
 deemed not to have lapsed for nonpayment of premiums and to have been 
 in force on the date of death. Where insurance is in force under the 
   preceding sentence, any unpaid premiums may be deducted from the 
   proceeds of the insurance. Any person who claims eligibility for 
  Veterans Group Life Insurance based on disability incurred 
    during a period of duty shall be required to submit evidence of 
 qualifying health conditions and, if required, to submit to physical 
examinations at their own expense. (d) Any amount of Veterans 
    Group Life Insurance in force on any person on the date of such 
persons death shall be paid, upon the establishment of a valid 
  claim therefor, pursuant to the provisions of section 1970 of this 
  title. However, any designation of beneficiary or beneficiaries for 
  Servicemembers Group Life Insurance filed with a uniformed 
service until changed, shall be considered a designation of beneficiary 
 or beneficiaries for Veterans Group Life Insurance, but not 
       for more than sixty days after the effective date of the 
insureds Veterans Group Insurance, unless at the end 
  of such sixty-day period, the insured is incompetent in which event 
such designation may continue in force until the disability is removed 
   but not for more than five years after the effective date of the 
  insureds Veterans Group Life Insurance. Except as 
indicated above in incompetent cases, after such sixty-day period, any 
designation of beneficiary or beneficiaries for Veterans Group 
   Life Insurance to be effective must be by a writing signed by the 
  insured and received by the administrative office established under 
 section 1966(b) of this title. (e) An insured under Veterans 
 Group Life Insurance shall have the right at any time to convert such 
   insurance to an individual policy of life insurance upon written 
   application for conversion made to the participating company the 
 insured selects and payment of the required premiums. The individual 
   policy will be issued without medical examination on a plan then 
   currently written by such company which does not provide for the 
payment of any sum less than the face value thereof or for the payment 
 of an additional amount as premiums in the event the insured performs 
 active duty, active duty for training, or inactive duty training. The 
     Veterans Group Life Insurance policy converted to an 
  individual policy under this subsection shall terminate on the day 
before the date on which the individual policy becomes effective. Upon 
request to the administrative office established under section 1966(b) 
of this title, an insured under Veterans Group Life Insurance 
shall be furnished a list of life insurance companies participating in 
the program established under this subchapter. In addition to the life 
insurance companies participating in the program established under this 
 subchapter, the list furnished to an insured under this section shall 
  include additional life insurance companies (not so participating) 
 which meet qualifying criteria, terms, and conditions established by 
    the Secretary and agree to sell insurance to former members in 
 accordance with the provisions of this section. (f) The provisions of 
    subsections (d) and (e) of section 1971 of this title shall be 
   applicable to Veterans Group Life Insurance. However, a 
  separate accounting shall be required for each program of insurance 
authorized under this subchapter. In such accounting, the Secretary is 
 authorized to allocate claims and other costs among such programs of 
 insurance according to accepted actuarial principles. (g) Any person 
  whose Servicemembers Group Life Insurance was continued in 
force after termination of duty or discharge from service under the law 
  as in effect prior to the date on which the Veterans Group 
Life Insurance program (provided for under section 1977 of this title) 
  became effective, and whose coverage under Servicemembers 
  Group Life Insurance terminated less than four years prior to such 
date, shall be eligible within one year from the effective date of the 
  Veterans Group Life Insurance program to apply for and be 
 granted Veterans Group Life Insurance in an amount equal to 
the amount of the insureds Servicemembers Group Life 
 Insurance which was not converted to an individual policy under prior 
     law. Veterans Group Life Insurance issued under this 
subsection shall be issued for a term period equal to five years, less 
 the time elapsing between the termination of the applicants 
Servicemembers Group Life Insurance and the effective date on 
    which the Veterans Group Life Insurance program became 
effective. Veterans Group Life Insurance under this subsection 
  shall only be issued upon application to the administrative office 
    established under section 1966(b) of this title, payment of the 
required premium, and proof of good health satisfactory to that office, 
which proof shall be submitted at the applicants own expense. 
 Any person who cannot meet the good health requirements for insurance 
under this subsection solely because of a service-connected disability 
    shall have such disability waived. For each month for which any 
 eligible veteran, whose service-connected disabilities are waived, is 
insured under this subsection there shall be contributed to the insurer 
   or insurers issuing the policy or policies from the appropriation 
     Compensation and Pensions, Department of Veterans 
Affairs an amount necessary to cover the cost of the 
insurance in excess of the premiums established for eligible veterans, 
    including the cost of the excess mortality attributable to such 
  veterans service-connected disabilities. The Secretary may 
establish, as the Secretary may determine to be necessary according to 
   sound actuarial principles, a separate premium, age groupings for 
    premium purposes, accounting, and reserves, for persons granted 
 insurance under this subsection different from those established for 
 other persons granted insurance under this section. Appropriations to 
  carry out the purpose of this section are hereby authorized. (h)(1) 
 Notwithstanding any other provision of law, members of the Individual 
   Ready Reserve and the Inactive National Guard are eligible to be 
 insured under Veterans Group Life Insurance. Any such member 
  shall be so insured upon submission of an application in the manner 
  prescribed by the Secretary and the payment of premiums as required 
      under this section. (2) In accordance with subsection (b), 
 Veterans Group Life Insurance coverage under this subsection 
  shall be issued on a renewable five-year term basis, but the person 
    insured must remain a member of the Individual Ready Reserve or 
Inactive National Guard throughout the period of the insurance in order 
for the insurance of such person to be renewed. (3) For the purpose of 
        this subsection, the terms Individual Ready 
      Reserve and Inactive National 
   Guard shall have the meanings prescribed by the 
Secretary in consultation with the Secretary of Defense. (Added Pub. L. 
   93289, Sec. 9(a), May 24, 1974, 88 Stat. 169, Sec. 777; 
amended Pub. L. 9766, title IV, Sec. 401(b), Oct. 17, 1981, 95 
  Stat. 1031; Pub. L. 99166, title IV, Sec. 401(b), Dec. 3, 
 1985, 99 Stat. 957; Pub. L. 99576, title VII, Sec. 701(43), 
Oct. 28, 1986, 100 Stat. 3294; Pub. L. 10225, title III, Sec. 
 336(b), Apr. 6, 1991, 105 Stat. 90; renumbered Sec. 1977 and amended 
  Pub. L. 10283, Sec. 4(a)(2)(B)(iii), (b)(1), (2)(E), 5(a), 
 (c)(1), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 102 
    568, title II, Sec. 202, Oct. 29, 1992, 106 Stat. 4324; Pub. L. 
 103446, title XII, Sec. 1201(e)(9), Nov. 2, 1994, 108 Stat. 
  4685; Pub. L. 104275, title IV, Sec. 403(b), 405(b)(1)(H), 
        406, Oct. 9, 1996, 110 Stat. 33383340; Pub. L. 
106419, title III, Sec. 312(b), Nov. 1, 2000, 114 Stat. 1854; 
 Pub. L. 10913, div. A, title I, Sec. 1012(e), May 11, 2005, 
 119 Stat. 246; Pub. L. 10980, Secs. 2, 3(b), Sept. 30, 2005, 
 119 Stat. 2045; Pub. L. 111275, title IV, Sec. 404(a), Oct. 
   13, 2010, 124 Stat. 2879.) ' 1978. Reinstatement Reinstatement of 
   insurance coverage granted under this sub-chapter but lapsed for 
 nonpayment of premiums shall be under terms and conditions prescribed 
  by the Secretary. (Added Pub. L. 93289, Sec. 9(a), May 24, 
 1974, 88 Stat. 172, Sec. 778; renumberedSec. 1978 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
404406.) ' 1979. Incontestability Subject to the provision of 
   section 1973 of this title, insurance coverage granted under this 
       subchapter shall be incontestable from the date of issue, 
reinstatement, or conversion except for fraud or nonpayment of premium. 
 (Added Pub. L. 93289, Sec. 9(a), May 24, 1974, 88 Stat. 172, 
Sec. 779; renumbered Sec. 1979 and amended Pub. L. 10283, Sec. 
 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 1980. Option to receive 
accelerated death benefit (a) For the purpose of this section, a person 
 shall be considered to be terminally ill if the person has a medical 
 prognosis such that the life expectancy of the person is less than a 
 period prescribed by the Secretary. The maximum length of such period 
may not exceed 12 months. (b)(1) A terminally ill person insured under 
Servicemembers Group Life Insurance or Veterans Group 
Life Insurance may elect to receive in a lump-sum payment a portion of 
 the face value of the insurance as an accelerated death benefit. (2) 
  The Secretary shall prescribe the maximum amount of the accelerated 
death benefit available under this section that the Secretary finds to 
be administratively practicable and actuarially sound, but in no event 
may the amount of the benefit exceed the amount equal to 50 percent of 
 the face value of the persons insurance in force on the date 
 the election of the person to receive the benefit is approved. (3) A 
 person making an election under this section may elect to receive an 
amount that is less than the maximum amount prescribed under paragraph 
 (2). The Secretary shall prescribe the increments in which a reduced 
amount under this paragraph may be elected. (c) The portion of the face 
 value of insurance which is not paid in a lump sum as an accelerated 
  death benefit under this section shall remain payable in accordance 
with the provisions of this chapter. (d) Deductions under section 1969 
of this title and premiums under section 1977(c) of this title shall be 
 reduced, in a manner consistent with the percentage reduction in the 
 face value of the insurance as a result of payment of an accelerated 
death benefit under this section, effective with respect to any amounts 
which would otherwise become due on or after the date of payment under 
 this section. (e) The Secretary shall prescribe regulations to carry 
      out this section. Such regulations shall include provisions 
 regarding (1) the form and manner in which an application for an 
election under this section shall be made; and (2) the procedures under 
 which any such application shall be considered. (f)(1) An election to 
receive a benefit under this section shall be irrevocable. (2) A person 
  may not make more than one election under this section, even if the 
 election of the person is to receive less than the maximum amount of 
the benefit available to the person under this section. (g) If a person 
 insured under Servicemembers Group Life Insurance elects to 
     receive a benefit under this section and the persons 
Servicemembers Group Life Insurance is thereafter converted to 
 Veterans Group Life Insurance as provided in section 1968(b) 
of this title, the amount of the benefit paid under this section shall 
 reduce the amount of Veterans Group Life Insurance available 
to the person under section 1977(a) of this title. (h) Notwithstanding 
any other provision of law, the amount of the accelerated death benefit 
received by a person under this section shall not be considered income 
or resources for purposes of determining eligibility for or the amount 
of benefits under any Federal or federally-assisted program or for any 
    other purpose. (Added Pub. L. 105368, title III, Sec. 
       302(a)(1), Nov. 11, 1998, 112 Stat. 3332; amended Pub. L. 
111275, title IV, Sec. 405(a), Oct. 13, 2010, 124 Stat. 2880.) 
 ' 1980A. Traumatic injury protection (a)(1) A member of the uniformed 
   services who is insured under Servicemembers Group Life 
   Insurance shall automatically be insured for traumatic injury in 
  accordance with this section. Insurance benefits under this section 
shall be payable if the member, while so insured, sustains a traumatic 
injury on or after December 1, 2005, that results in a qualifying loss 
 specified pursuant to subsection (b)(1). (2) If a member suffers more 
than one such qualifying loss as a result of traumatic injury from the 
   same traumatic event, payment shall be made under this section in 
accordance with the schedule prescribed pursuant to subsection (d) for 
 the single loss providing the highest payment. (b)(1) A member who is 
insured against traumatic injury under this section is insured against 
  such losses due to traumatic injury (in this section referred to as 
 qualifying losses) as are prescribed by 
  the Secretary by regulation. Qualifying losses so prescribed shall 
include the following: (A) Total and permanent loss of sight. (B) Loss 
  of a hand or foot by severance at or above the wrist or ankle. (C) 
  Total and permanent loss of speech. (D) Total and permanent loss of 
 hearing in both ears. (E) Loss of thumb and index finger of the same 
   hand by severance at or above the metacarpophalangeal joints. (F) 
Quadriplegia, paraplegia, or hemiplegia. (G) Burns greater than second 
degree, covering 30 percent of the body or 30 percent of the face. (H) 
   Coma or the inability to carry out the activities of daily living 
resulting from traumatic injury to the brain. (2) For purposes of this 
  subsection: (A) The term quadriplegia 
 means the complete and irreversible paralysis of all four limbs. (B) 
 The term paraplegia means the complete 
     and irreversible paralysis of both lower limbs. (C) The term 
    hemiplegia means the complete and 
irreversible paralysis of the upper and lower limbs on one side of the 
body. (D) The term inability to carry out the activities of 
  daily living means the inability to independently 
 perform two or more of the following six functions: (i) Bathing. (ii) 
     Continence. (iii) Dressing. (iv) Eating. (v) Toileting. (vi) 
     Transferring. (3) The Secretary may prescribe, by regulation, 
 conditions under which coverage otherwise provided under this section 
 is excluded. (4) A member shall not be considered for the purposes of 
this section to be a member insured under Servicemembers Group 
 Life Insurance if the member is insured under Servicemembers 
 Group Life Insurance only as an insurable dependent of another member 
 pursuant to subparagraph (A)(ii) or (C)(ii) of section 1967(a)(1) of 
this title. (c)(1) A payment may be made to a member under this section 
   only for a qualifying loss that results directly from a traumatic 
 injury sustained while the member is covered against loss under this 
  section and from no other cause. (2)(A) A payment may be made to a 
   member under this section for a qualifying loss resulting from a 
traumatic injury only for a loss that is incurred during the applicable 
  period of time specified pursuant to subparagraph (B). (B) For each 
qualifying loss, the Secretary shall prescribe, by regulation, a period 
of time to be the period of time within which a loss of that type must 
be incurred, determined from the date on which the member sustains the 
 traumatic injury resulting in that loss, in order for that loss to be 
    covered under this section. (d) Payments under this section for 
     qualifying losses shall be made in accordance with a schedule 
 prescribed by the Secretary, by regulation, specifying the amount of 
payment to be made for each type of qualifying loss, to be based on the 
   severity of the qualifying loss. The minimum payment that may be 
 prescribed for a qualifying loss is $25,000, and the maximum payment 
that may be prescribed for a qualifying loss is $100,000. (e)(1) During 
  any period in which a member is insured under this section and the 
 member is on active duty, there shall be deducted each month from the 
 members basic or other pay until separation or release from 
 active duty an amount determined by the Secretary (which shall be the 
  same for all such members) as the share of the cost attributable to 
 provided coverage under this section, less any costs traceable to the 
 extra hazards of such duty in the uniformed services. (2) During any 
month in which a member is assigned to the Ready Reserve of a uniformed 
  service under conditions which meet the qualifications set forth in 
   section 1965(5)(B) of this title and is insured under a policy of 
insurance purchased by the Secretary under section 1966 of this title, 
there shall be contributed from the appropriation made for active duty 
  pay of the uniformed service concerned an amount determined by the 
 Secretary (which shall be the same for all such members) as the share 
of the cost attributable to provided coverage under this section, less 
any costs traceable to the extra hazards of such duty in the uniformed 
 services. Any amounts so contributed on behalf of any member shall be 
  collected by the Secretary concerned from such member (by deduction 
from pay or otherwise) and shall be credited to the appropriation from 
which such contribution was made in advance on a monthly basis. (3) The 
    Secretary shall determine the premium amounts to be charged for 
 traumatic injury protection coverage provided under this section. (4) 
The premium amounts shall be determined on the basis of sound actuarial 
     principles and shall include an amount necessary to cover the 
    administrative costs to the insurer or insurers providing such 
  insurance. (5) Each premium rate for the first policy year shall be 
  continued for subsequent policy years, except that the rate may be 
   adjusted for any such subsequent policy year on the basis of the 
experience under the policy, as determined by the Secretary in advance 
  of that policy year. (6) The cost attributable to insuring members 
   under this section for any month or other period specified by the 
Secretary, less the premiums paid by the members, shall be paid by the 
Secretary concerned to the Secretary. The Secretary shall allocate the 
amount payable among the uniformed services using such methods and data 
as the Secretary determines to be reasonable and practicable. Payments 
under this paragraph shall be made on a monthly basis or at such other 
intervals as may be specified by the Secretary and shall be made within 
   10 days of the date on which the Secretary provides notice to the 
  Secretary concerned of the amount required. (7) For each period for 
 which a payment by a Secretary concerned is required under paragraph 
    (6), the Secretary concerned shall contribute such amount from 
 appropriations available for active duty pay of the uniformed service 
    concerned. (8) The sums withheld from the basic or other pay of 
members, or collected from them by the Secretary concerned, under this 
  subsection, and the sums contributed from appropriations under this 
  subsection, together with the income derived from any dividends or 
 premium rate adjustments received from insurers shall be deposited to 
  the credit of the revolving fund established in the Treasury of the 
United States under section 1869(d)(1) of this title. (f) When a claim 
for benefits is submitted under this section, the Secretary of Defense 
or, in the case of a member not under the jurisdiction of the Secretary 
  of Defense, the Secretary concerned, shall certify to the Secretary 
whether the member with respect to whom the claim is submitted (1) 
 was at the time of the injury giving rise to the claim insured under 
 Servicemembers Group Life Insurance for the purposes of this 
section; and (2) has sustained a qualifying loss. (g)(1) Payment for a 
    loss resulting from traumatic injury may not be made under the 
insurance coverage under this section if the member dies before the end 
   of a period prescribed by the Secretary, by regulation, for such 
   purpose that begins on the date on which the member sustains the 
injury. (2) If a member eligible for a payment under this section dies 
before payment to the member can be made, the payment shall be made to 
 the beneficiary or beneficiaries to whom the payment would be made if 
 the payment were life insurance under section 1967(a) of this title. 
 (h) Coverage for loss resulting from traumatic injury provided under 
this section shall cease at midnight on the date of the termination of 
    the members duty status in the uniformed services that 
    established eligibility for Servicemembers Group Life 
Insurance. The termination of coverage under this section is effective 
    in accordance with the preceding sentence, notwithstanding any 
       continuation after the date specified in that sentence of 
   Servicemembers Group Life Insurance coverage pursuant to 
 section 1968(a) of this title for a period specified in that section. 
 (i) Insurance coverage provided under this section is not convertible 
 to Veterans Group Life Insurance. (j) Regulations under this 
   section shall be prescribed in consultation with the Secretary of 
Defense. (k) DESIGNATION OF FIDUCIARY OR TRUSTEE.(1) The Secretary 
concerned, in consultation with the Secretary, shall develop a process 
   for the designation of a fiduciary or trustee of a member of the 
 uniformed services who is insured against traumatic injury under this 
section. The fiduciary or trustee so designated would receive a payment 
  for a qualifying loss under this section if the member is medically 
incapacitated (as determined pursuant to regulations prescribed by the 
Secretary concerned in consultation with the Secretary) or experiencing 
an extended loss of consciousness. (2) The process under paragraph (1) 
may require each member of the uniformed services who is insured under 
        this section to (A) designate an individual as the 
 members fiduciary or trustee for purposes of subsection (a); 
     or (B) elect that a court of proper jurisdiction designate an 
individual as the members fiduciary or trustee for purposes of 
     subsection (a) in the event that the member becomes medically 
incapacitated or experiences an extended loss of consciousness. (Added 
Pub. L. 10913, div. A, title I, Sec. 1032(a)(2), May 11, 2005, 
 119 Stat. 257; amended Pub. L. 109233, title V, Sec. 501(a), 
 June 15, 2006, 120 Stat. 411; Pub. L. 110181, div. A, title 
  XVII, Sec. 1711, Jan. 28, 2008, 122 Stat. 495; Pub. L. 111 
275, title IV, Sec. 406(a)(1), title X, Sec. 1001(d)(2), Oct. 13, 2010, 
124 Stat. 2880, 2896.) SUBCHAPTER IVGENERAL ' 1981. Replacement of 
  surrendered and expired insurance (a) Any person who surrendered a 
 policy of National Service Life Insurance or United States Government 
  life insurance on a permanent plan for its cash value while in the 
 active service after April 24, 1951, and before January 1, 1957, who 
    was entitled on December 31, 1958, to reinstate or replace such 
insurance under section 623 of the National Service Life Insurance Act 
  of 1940, may, upon application in writing made while on continuous 
 active duty which began before January 1, 1959, or within one hundred 
and twenty days after separation therefrom, be granted, without medical 
examination, permanent plan insurance on the same plan not in excess of 
  the amount surrendered for cash, or may reinstate such surrendered 
insurance upon payment of the required reserve and the premium for the 
current month. Waiver of premiums and total disability income benefits 
otherwise authorized under this chapter shall not be denied in any case 
 of issue or reinstatement of insurance on a permanent plan under this 
  section or the prior corresponding provision of law in which it is 
shown to the satisfaction of the Secretary that total disability of the 
    applicant began before the date of application. The cost of the 
premiums waived and total disability income benefits paid by virtue of 
the preceding sentence and the excess mortality cost in any case where 
  the insurance matures by death from such total disability shall be 
 borne by the United States and the Secretary shall transfer from time 
 to time from the National Service Life Insurance appropriation to the 
 National Service Life Insurance Fund and from the military and naval 
insurance appropriation to the United States Government Life Insurance 
  Fund such sums as may be necessary to reimburse the funds for such 
 costs. (b) Any person who had United States Government life insurance 
or National Service Life Insurance on the five-year level premium term 
  plan, the term of which expired while such person was in the active 
  service after April 25, 1951, or within one hundred and twenty days 
 after separation from such active service, and in either case before 
January 1, 1957, who was entitled on December 31, 1958, to replace such 
insurance under section 623 of the National Service Life Insurance Act 
 of 1940, shall, upon application made while on continuous active duty 
 which began before January 1, 1959, or within one hundred and twenty 
 days after separation therefrom, payment of premiums and evidence of 
  good health satisfactory to the Secretary, be granted an equivalent 
  amount of insurance on the five-year level premium term plan at the 
  premium rate for such persons then attained age. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1164, Sec. 781; Pub. L. 
99576, title VII, Sec. 701(44), Oct. 28, 1986, 100 Stat. 3294; 
renumbered Sec. 1981 and amended Pub. L. 10283, Sec. 4(b)(1), 
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1982. 
 Administrative cost Except as provided in sections 1920(c), 1923(d), 
  and 1955(c) of this title, the United States shall bear the cost of 
administration in connection with this chapter, including expenses for 
medical examinations, inspections when necessary, printing and binding, 
 and for such other expenditures as are necessary in the discretion of 
 the Secretary. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1165, 
Sec. 782; renumbered Sec. 1982 and amended Pub. L. 10283, Sec. 
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
10499, title II, Sec. 201(b), Jan. 26, 1996, 110 Stat. 36.) ' 
 1983. Settlements for minors or incompetents When an optional mode of 
    settlement of National Service Life Insurance or United States 
Government life insurance heretofore or hereafter matured is available 
  to a beneficiary who is a minor or incompetent, such option may be 
  exercised by such beneficiarys fiduciary, person qualified 
under the Act of February 25, 1933 (25 U.S.C. 14), or person recognized 
by the Secretary as having custody of the person or the estate of such 
    beneficiary, and the obligation of the United States under the 
 insurance contract shall be fully satisfied by payment of benefits in 
     accordance with the mode of settlement so selected. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1165, Sec. 783; Pub. L. 
99576, title VII, Sec. 701(45), Oct. 28, 1986, 100 Stat. 3294; 
 Pub. L. 10254, Sec. 14(b)(19), June 13, 1991, 105 Stat. 284; 
renumbered Sec. 1983 and amended Pub. L. 10283, Sec. 4(b)(1), 
 (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.) ' 1984. Suits 
 on insurance (a) In the event of disagreement as to claim, including 
 claim for refund of premiums, under contract of National Service Life 
Insurance, United States Government life insurance, or yearly renewable 
term insurance between the Secretary and any person or persons claiming 
  thereunder an action on the claim may be brought against the United 
 States either in the United States District Court for the District of 
 Columbia or in the district court of the United States in and for the 
     district in which such person or any one of them resides, and 
 jurisdiction is conferred upon such courts to hear and determine all 
such controversies. All persons having or claiming to have an interest 
in such insurance may be made parties to such suit, and such as are not 
 inhabitants of or found within the district in which suit is brought 
 may be brought in by order of the court to be served personally or by 
publication or in such other reasonable manner as the court may direct. 
 In all cases where the Secretary acknowledges the indebtedness of the 
   United States upon any such contract of insurance and there is a 
dispute as to the person or persons entitled to payment, a suit in the 
 nature of a bill of interpleader may be brought at the request of the 
 Secretary in the name of the United States against all persons having 
or claiming to have any interest in such insurance in the United States 
District Court for the District of Columbia or in the district court in 
 and for the district in which any such claimant resides; however, no 
less than thirty days before instituting such suit the Secretary shall 
   mail a notice of such intention to each of the persons to be made 
 parties to the suit. The courts of appeals for the several circuits, 
    including the District of Columbia, shall respectively exercise 
appellate jurisdiction and, except as provided in section 1254 of title 
 28, the decrees of such courts of appeals shall be final. (b) No suit 
   on yearly renewable term insurance, United States Government life 
 insurance, or National Service Life Insurance shall be allowed under 
 this section unless the same shall have been brought within six years 
 after the right accrued for which the claim is made. For the purposes 
   of this section it shall be deemed that the right accrued on the 
    happening of the contingency on which the claim is founded. The 
 limitation of six years is suspended for the period elapsing between 
the filing with the Secretary of the claim sued upon and the denial of 
the claim. However, if a claim is timely filed the claimant shall have 
not less than ninety days from the date of mailing of notice of denial 
within which to file suit. After June 28, 1936, notice of denial of the 
 claim under a contract of insurance shall be by registered mail or by 
   certified mail directed to the claimants last address of 
     record. Infants, insane persons, or persons under other legal 
disability, or persons rated as incompetent or insane by the Secretary 
  shall have three years in which to bring suit after the removal of 
their disabilities. If suit is seasonably begun and fails for defect in 
 process, or for other reasons not affecting the merits, a new action, 
    if one lies, may be brought within a year though the period of 
limitation has elapsed. No State or other statute of limitations shall 
   be applicable to suits filed under this section. (c) In any suit, 
  action, or proceeding brought under the provisions of this section 
subpenas for witnesses who are required to attend a court of the United 
  States in any district may run into any other district. However, no 
writ of subpena shall issue for witnesses living out of the district in 
 which the court is held at a greater distance than one hundred miles 
from the place of holding the same without the permission of the court 
   being first had upon proper application and cause shown. The word 
         district and the words 
 district court as used in this section 
 shall be construed to include the District of Columbia and the United 
 States District Court for the District of Columbia. (d) Attorneys of 
  the Department, when assigned to assist in the trial of cases, and 
employees of the Department when ordered in writing by the Secretary to 
 appear as witnesses, shall be paid the regular travel and subsistence 
 allowance paid to other employees when on official travel status. (e) 
  Part-time and fee-basis employees of the Department, in addition to 
their regular travel and subsistence allowance, when ordered in writing 
 by the Secretary to appear as witnesses in suits under this section, 
 may be allowed, within the discretion and under written orders of the 
Secretary, a fee in an amount not to exceed $50 per day. (f) Employees 
 of the Department who are subpenaed to attend the trial of any suit, 
under the provisions of this section, as witnesses for a party to such 
suit shall be granted court leave or authorized absence, as applicable, 
  for the period they are required to be away from the Department in 
  answer to such subpenas. (g) Whenever a judgment or decree shall be 
rendered in an action brought under the provisions of this section, the 
 court, as a part of its judgment or decree, shall determine and allow 
 reasonable fees for the attorneys of the successful party or parties 
and apportion same if proper, said fees not to exceed 10 per centum of 
   the amount recovered and to be paid by the Department out of the 
    payments to be made under the judgment or decree at a rate not 
 exceeding one-tenth of each of such payments until paid; except that, 
      in a suit brought by or on behalf of an insured during the 
 insureds lifetime for waiver of premiums on account of total 
    disability, the court, as part of its judgment or decree, shall 
 determine and allow a reasonable fee to be paid by the insured to the 
               insureds attorney. (h) The term 
 claim as used in this section means any 
   writing which uses words showing an intention to claim insurance 
benefits; and the term disagreement means 
   a denial of the claim, after consideration on its merits, by the 
  Secretary or any employee or organizational unit of the Department 
 heretofore or hereafter designated therefor by the Secretary. (i) The 
   Attorney General of the United States is authorized to agree to a 
 judgment to be rendered by the chief judge of the United States court 
having jurisdiction of the case, pursuant to compromise approved by the 
Attorney General upon the recommendation of the United States attorney 
   charged with the defense, upon such terms and for sums within the 
amount claimed to be payable, in any suit brought under the provisions 
of this section, on a contract of yearly renewable term insurance, and 
the Secretary shall make payments in accordance with any such judgment. 
The Comptroller General of the United States shall allow credit in the 
 accounts of disbursing officers for all payments of insurance made in 
accordance with any such judgment. All such judgments shall constitute 
    final settlement of the claim and no appeal therefrom shall be 
authorized. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1165, Sec. 
 784; Pub. L. 86507, Sec. 1(32), June 11, 1960, 74 Stat. 202; 
Pub. L. 97295, Sec. 4(32), Oct. 12, 1982, 96 Stat. 1307; Pub. 
 L. 99576, title VII, Sec. 701(46), Oct. 28, 1986, 100 Stat. 
  3294; renumbered Sec. 1984 and amended Pub. L. 10283, Sec. 
4(a)(2)(A)(iii)(VII), (VIII), (D)(ii), (3), (4), (b)(1), (2)(E), 5(a), 
  Aug. 6, 1991, 105 Stat. 403406.) ' 1985. Decisions by the 
 Secretary Except in the event of suit as provided in section 1984 of 
   this title, or other appropriate court proceedings, all decisions 
rendered by the Secretary under the provisions of this chapter shall be 
  final and conclusive on all questions of law or fact, and no other 
  official of the United States shall have jurisdiction to review any 
such decisions. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1167, 
Sec. 785; renumbered Sec. 1985 andamended Pub. L. 10283, Sec. 
        4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
  404406.) ' 1986. Deposits in and disbursements from trust 
funds All cash balances in the United States Government Life Insurance 
 Fund and the National Service Life Insurance Fund on January 1, 1959, 
 together with all moneys thereafter accruing to such funds, including 
premiums, appropriated moneys, the proceeds of any sales of investments 
 which may be necessary to meet current expenditures, and interest on 
   investments, shall be available for disbursement for meeting all 
  expenditures and making investments authorized to be made from such 
funds. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1167, Sec. 786; 
renumbered Sec. 1986, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
 105 Stat. 406.) ' 1987. Penalties (a) Any person who shall knowingly 
  make or cause to be made, or conspire, combine, aid, or assist in, 
agree to, arrange for, or in anywise procure the making or presentation 
     of a false or fraudulent affidavit, declaration, certificate, 
    statement, voucher, or paper, or writing purporting to be such, 
  concerning any application for insurance or reinstatement thereof, 
 waiver of premiums or claim for benefits under National Service Life 
Insurance, United States Government life insurance, or yearly renewable 
term insurance for any person, shall be fined not more than $1,000, or 
 be imprisoned for not more than one year, or both. (b) Whoever in any 
  claim for National Service Life Insurance, United States Government 
  life insurance, or yearly renewable term insurance makes any sworn 
statement of a material fact knowing it to be false, shall be guilty of 
 perjury and shall be fined not more than $5,000, or be imprisoned for 
  not more than two years, or both. (Pub. L. 85857, Sept. 2, 
1958, 72 Stat. 1167, Sec. 787; Pub. L. 99576, title VII, Sec. 
 701(47), Oct. 28, 1986, 100 Stat. 3294; renumbered Sec. 1987, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 1988. 
Savings provision Nothing in this title or any amendment or repeal made 
    by the Act enacting this title shall affect any right, remedy, 
   liability, authorization or requirement pertaining to Government 
      insurance, the respective insurance funds, or the insurance 
 appropriations, authorized or prescribed under the provisions of the 
War Risk Insurance Act, the World War Veterans Act, 1924, the 
National Service Life Insurance Act of 1940, or any related Act, which 
 was in effect on December 31, 1958. (Pub. L. 85857, Sept. 2, 
     1958, 72 Stat. 1167, Sec. 788; renumbered Sec. 1988, Pub. L. 
10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) CHAPTER 20 OF 
 TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
   BENEFITS xPART IIGENERAL BENEFITS CHAPTER 
    20BENEFITS FOR HOMELESS VETERANS SUBCHAPTER IPURPOSE; 
     DEFINITIONS; ADMINISTRATIVE MATTERS Sec. 2001. Purpose. 2002. 
         Definitions. 2003. Staffing requirements. SUBCHAPTER 
  IICOMPREHENSIVE SERVICE PROGRAMS 2011. Grants. 2012. Per diem 
      payments. 2013. Authorization of appropriations. SUBCHAPTER 
  IIITRAINING AND OUTREACH 2021. Homeless veterans reintegration 
  programs. 2021A. Homeless women veterans and homeless veterans with 
 children reintegration grant program. 2022. Coordination of outreach 
   services for veterans at risk of homelessness. 2023. Referral and 
     counseling services: veterans at risk of homelessness who are 
 transitioning from certain institutions. SUBCHAPTER IVTREATMENT 
  AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS 
 2031. General treatment. 2032. Therapeutic housing. 2033. Additional 
 services at certain locations. 2034. Coordination with other agencies 
 and organizations. SUBCHAPTER VHOUSING ASSISTANCE 2041. Housing 
assistance for homeless veterans. 2042. Supported housing for veterans 
  participating in compensated work therapies. 2043. Domiciliary care 
 programs. 2044. Financial assistance for supportive services for very 
     low-income veteran families in permanent housing. SUBCHAPTER 
   VILOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING 2051. 
  General authority. 2052. Requirements. 2053. Default. 2054. Audit. 
 SUBCHAPTER VIIOTHER PROVISIONS 2061. Grant program for homeless 
   veterans with special needs. 2062. Dental care. 2063. Employment 
 assistance. 2064. Technical assistance grants for nonprofit community-
 based groups. 2065. Annual report on assistance to homeless veterans. 
     2066. Advisory Committee on Homeless Veterans. 323 SUBCHAPTER 
IPURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS ' 2001. Purpose The 
purpose of this chapter is to provide for the special needs of homeless 
 veterans. (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 
   115 Stat. 905.) ' 2002. Definitions In this chapter: (1) The term 
 homeless veteran means a veteran who is 
  homeless (as that term is defined in section 103(a) of the McKinney-
   Vento Homeless Assistance Act (42 U.S.C. 11302(a))). (2) The term 
  grant and per diem provider means an 
entity in receipt of a grant under section 2011 or 2012 of this title. 
 (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 
 905; amended Pub. L.109444, Sec. 8(a)(3), Dec. 21, 2006, 120 
    Stat. 3313; Pub. L. 109461, title X, Secs. 1004(a)(3), 
    1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468.) ' 2003. Staffing 
 requirements (a) VBA STAFFING AT REGIONAL OFFICES.The Secretary 
shall ensure that there is at least one full-time employee assigned to 
  oversee and coordinate homeless veterans programs at each of the 20 
 Veterans Benefits Administration regional offices that the Secretary 
  determines have the largest homeless veteran populations within the 
 regions of the Administration. The programs covered by such oversight 
     and coordination include the following: (1) Housing programs 
 administered by the Secretary under this title or any other provision 
   of law. (2) Compensation, pension, vocational rehabilitation, and 
 education benefits programs administered by the Secretary under this 
   title or any other provision of law. (3) The housing program for 
veterans supported by the Department of Housing and Urban Development. 
 (4) The homeless veterans reintegration program of the Department of 
Labor under section 2021 of this title. (5) The programs under section 
  2033 of this title. (6) The assessments required by section 2034 of 
 this title. (7) Such other programs relating to homeless veterans as 
   may be specified by the Secretary. (b) VHA CASE MANAGERS.The 
Secretary shall ensure that the number of case managers in the Veterans 
Health Administration is sufficient to assure that every veteran who is 
 provided a housing voucher through section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)) is assigned to, and is seen as 
needed by, a case manager. (Added Pub. L. 10795, Sec. 5(a)(1), 
Dec. 21, 2001, 115 Stat. 905.) SUBCHAPTER IICOMPREHENSIVE SERVICE 
 PROGRAMS ' 2011. Grants (a) AUTHORITY TO MAKE GRANTS.Subject to 
   the availability of appropriations provided for such purpose, the 
Secretary shall make grants to assist eligible entities in establishing 
 programs to furnish, and expanding or modifying existing programs for 
   furnishing, the following to homeless veterans: (1) Outreach. (2) 
 Rehabilitative services. (3) Vocational counseling and training. (4) 
   Transitional housing assistance. (b) CRITERIA FOR GRANTS.The 
 Secretary shall establish criteria and requirements for grants under 
   this section, including criteria for entities eligible to receive 
grants, and shall publish such criteria and requirements in the Federal 
Register. The criteria established under this subsection shall include 
the following: (1) Specification as to the kinds of projects for which 
     grants are available, which shall include (A) expansion, 
  remodeling, or alteration of existing buildings, or acquisition of 
facilities, for use as service centers, transitional housing, or other 
facilities to serve homeless veterans; and (B) procurement of vans for 
    use in outreach to and transportation for homeless veterans for 
purposes of a program referred to in subsection (a). (2) Specification 
   as to the number of projects for which grants are available. (3) 
Criteria for staffing for the provision of services under a project for 
which grants are made. (4) Provisions to ensure that grants under this 
 section (A) shall not result in duplication of ongoing services; 
 and (B) to the maximum extent practicable, shall reflect appropriate 
  geographic dispersion and an appropriate balance between urban and 
 other locations. (5) Provisions to ensure that an entity receiving a 
   grant shall meet fire and safety requirements established by the 
     Secretary, which shall include (A) such State and local 
   requirements that may apply; and (B) fire and safety requirements 
 applicable under the Life Safety Code of the National Fire Protection 
 Association or such other comparable fire and safety requirements as 
 the Secretary may specify. (6) Specification as to the means by which 
  an entity receiving a grant may contribute in-kind services to the 
    start-up costs of a project for which a grant is sought and the 
 methodology for assigning a cost to that contribution for purposes of 
subsection (c). (c) FUNDING LIMITATIONS.A grant under this section 
  may not be used to support operational costs. The amount of a grant 
 under this section may not exceed 65 percent of the estimated cost of 
  the project concerned. (d) ELIGIBLE ENTITIES.The Secretary may 
make a grant under this section to an entity applying for such a grant 
 only if the applicant for the grant (1) is a public or nonprofit 
 private entity with the capacity (as determined by the Secretary) to 
  effectively administer a grant under this section; (2) demonstrates 
  that adequate financial support will be available to carry out the 
   project for which the grant is sought consistent with the plans, 
specifications, and schedule submitted by the applicant; and (3) agrees 
  to meet the applicable criteria and requirements established under 
 subsections (b) and (g) and has, as determined by the Secretary, the 
   capacity to meet such criteria and requirements. (e) APPLICATION 
  REQUIREMENT.An entity seeking a grant for a project under this 
section shall submit to the Secretary an application for the grant. The 
application shall set forth the following: (1) The amount of the grant 
sought for the project. (2) A description of the site for the project. 
 (3) Plans, specifications, and the schedule for implementation of the 
project in accordance with criteria and requirements prescribed by the 
  Secretary under subsection (b). (4) Reasonable assurance that upon 
completion of the work for which the grant is sought, the project will 
   become operational and the facilities will be used principally to 
 provide to veterans the services for which the project was designed, 
 and that not more than 25 percent of the services provided under the 
   project will be provided to individuals who are not veterans. (f) 
  PROGRAM REQUIREMENTS.The Secretary may not make a grant for a 
project to an applicant under this section unless the applicant in the 
application for the grant agrees to each of the following requirements: 
 (1) To provide the services for which the grant is made at locations 
accessible to homeless veterans. (2) To maintain referral networks for 
   homeless veterans for establishing eligibility for assistance and 
    obtaining services, under available entitlement and assistance 
programs, and to aid such veterans in establishing eligibility for and 
 obtaining such services. (3) To ensure the confidentiality of records 
maintained on homeless veterans receiving services through the project. 
(4) To establish such procedures for fiscal control and fund accounting 
 as may be necessary to ensure proper disbursement and accounting with 
respect to the grant and to such payments as may be made under section 
    2012 of this title. (5) To seek to employ homeless veterans and 
  formerly homeless veterans in positions created for purposes of the 
   grant for which those veterans are qualified. (g) SERVICE CENTER 
REQUIREMENTS.In addition to criteria and requirements established 
 under subsection (b), in the case of an application for a grant under 
this section for a service center for homeless veterans, the Secretary 
   shall require each of the following: (1) That such center provide 
 services to homeless veterans during such hours as the Secretary may 
   specify and be open to such veterans on an as-needed, unscheduled 
  basis. (2) That space at such center be made available, as mutually 
agreeable, for use by staff of the Department of Veterans Affairs, the 
 Department of Labor, and other appropriate agencies and organizations 
  in assisting homeless veterans served by such center. (3) That such 
  center be equipped and staffed to provide or to assist in providing 
 health care, mental health services, hygiene facilities, benefits and 
employment counseling, meals, transportation assistance, and such other 
services as the Secretary determines necessary. (4) That such center be 
    equipped and staffed to provide, or to assist in providing, job 
 training, counseling, and placement services (including job readiness 
  and literacy and skills training), as well as any outreach and case 
management services that may be necessary to carry out this paragraph. 
(h) RECOVERY OF UNUSED GRANT FUNDS.(1) If a grant recipient under 
   this section does not establish a program in accordance with this 
 section or ceases to furnish services under such a program for which 
the grant was made, the United States shall be entitled to recover from 
 such recipient the total of all unused grant amounts made under this 
  section to such recipient in connection with such program. (2) Any 
   amount recovered by the United States under paragraph (1) may be 
obligated by the Secretary without fiscal year limitation to carry out 
provisions of this subchapter. (3) An amount may not be recovered under 
  paragraph (1) as an unused grant amount before the end of the three-
 year period beginning on the date on which the grant is made. (Added 
  Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 906; 
 amended Pub. L. 109444, Secs. 2(b), 8(a)(4), Dec. 21, 2006, 
120 Stat. 3304, 3313; Pub. L. 109461, title VII, Sec. 703(a), 
  title X, Secs. 1004(a)(4), 1006(b), Dec. 22, 2006, 120 Stat. 3440, 
   3465, 3468.) ' 2012. Per diem payments (a) PER DIEM PAYMENTS FOR 
   FURNISHING SERVICES TO HOMELESS VETERANS.(1) Subject to the 
     availability of appropriations provided for such purpose, the 
Secretary, pursuant to such criteria as the Secretary shall prescribe, 
  shall provide to a recipient of a grant under section 2011 of this 
  title (or an entity eligible to receive a grant under that section 
which after November 10, 1992, establishes a program that the Secretary 
determines carries out the purposes described in that section) per diem 
 payments for services furnished to any homeless veteran (A) whom 
 the Secretary has referred to the grant recipient (or entity eligible 
  for such a grant); or (B) for whom the Secretary has authorized the 
provision of services. (2)(A) The rate for such per diem payments shall 
be the daily cost of care estimated by the grant recipient or eligible 
entity adjusted by the Secretary under subparagraph (B). In no case may 
the rate determined under this paragraph exceed the rate authorized for 
State homes for domiciliary care under subsection (a)(1)(A) of section 
  1741 of this title, as the Secretary may increase from time to time 
 under subsection (c) of that section. (B) The Secretary shall adjust 
  the rate estimated by the grant recipient or eligible entity under 
   subparagraph (A) to exclude other sources of income described in 
subparagraph (D) that the grant recipient or eligible entity certifies 
   to be correct. (C) Each grant recipient or eligible entity shall 
provide to the Secretary such information with respect to other sources 
  of income as the Secretary may require to make the adjustment under 
   subparagraph (B). (D) The other sources of income referred to in 
   subparagraphs (B) and (C) are payments to the grant recipient or 
  eligible entity for furnishing services to homeless veterans under 
   programs other than under this subchapter, including payments and 
 grants from other departments and agencies of the United States, from 
departments or agencies of State or local government, and from private 
  entities or organizations. (3) In a case in which the Secretary has 
authorized the provision of services, per diem payments under paragraph 
(1) may be paid retroactively for services provided not more than three 
 days before the authorization was provided. (b) INSPECTIONS.The 
   Secretary may inspect any facility of a grant recipient or entity 
    eligible for payments under subsection (a) at such times as the 
Secretary considers necessary. No per diem payment may be provided to a 
   grant recipient or eligible entity under this section unless the 
    facilities of the grant recipient or eligible entity meet such 
      standards as the Secretary shall prescribe. (c) LIFE SAFETY 
 CODE.(1) Except as provided in paragraph (2), a per diem payment 
may not be provided under this section to a grant recipient or eligible 
entity unless the facilities of the grant recipient or eligible entity, 
as the case may be, meet applicable fire and safety requirements under 
  the Life Safety Code of the National Fire Protection Association or 
such other comparable fire and safety requirements as the Secretary may 
 specify. (2) During the five-year period beginning on the date of the 
 enactment of this section, paragraph (1) shall not apply to an entity 
    that received a grant under section 3 of the Homeless Veterans 
Comprehensive Service Programs Act of 1992 (Public Law 102590; 
  38 U.S.C. 7721 note) before that date if the entity meets fire and 
  safety requirements established by the Secretary. (3) From amounts 
available for purposes of this section, not less than $5,000,000 shall 
be used only for grants to assist entities covered by paragraph (2) in 
     meeting the Life Safety Code of the National Fire Protection 
 Association or such other comparable fire and safety requirements as 
   the Secretary may specify. (d) PER DIEM PAYMENTS TO NONCONFORMING 
 ENTITIES.(1) The Secretary may make funds available for per diem 
   payments under this section to the following grant recipients or 
eligible entities: (A) Grant recipients or eligible entities that 
  (i) meet each of the transitional and supportive services criteria 
  prescribed by the Secretary pursuant to subsection (a)(1); and (ii) 
furnish services to homeless individuals, of which less than 75 percent 
 are veterans. (B) Grant recipients or eligible entities that (i) 
  meet at least one, but not all, of the transitional and supportive 
 services criteria prescribed by the Secretary pursuant to subsection 
(a)(1); and (ii) furnish services to homeless individuals, of which not 
  less than 75 percent are veterans. (C) Grant recipients or eligible 
     entities that (i) meet at least one, but not all, of the 
    transitional and supportive services criteria prescribed by the 
 Secretary pursuant to subsection (a)(1); and (ii) furnish services to 
 homeless individuals, of which less than 75 percent are veterans. (2) 
Notwithstanding subsection (a)(2), in providing per diem payments under 
  this subsection, the Secretary shall determine the rate of such per 
 diem payments in accordance with the following order of priority: (A) 
 Grant recipients or eligible entities described by paragraph (1)(A). 
   (B) Grant recipients or eligible entities described by paragraph 
    (1)(B). (C) Grant recipients or eligible entities described by 
  paragraph (1)(C). (3) For purposes of this subsection, an eligible 
entity is a nonprofit entity and may be an entity that is ineligible to 
    receive a grant under section 2011 of this title, but whom the 
    Secretary determines carries out the purposes described in that 
 section. (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 
 115 Stat. 908; amended Pub. L. 111163, title VII, Sec. 701, 
 May 5, 2010, 124 Stat. 1174.) ' 2013. Authorization of appropriations 
 There is authorized to be appropriated to carry out this sub-chapter 
  $150,000,000 for fiscal year 2007 and each fiscal year thereafter. 
 (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 
909; amended Pub. L. 108422, title I, Sec. 101, Nov. 30, 2004, 
 118 Stat. 2380; Pub. L. 109461, title VII, Sec. 703(b), Dec. 
22, 2006, 120 Stat. 3440; Pub. L. 110387, title VI, Sec. 601, 
    Oct. 10, 2008, 122 Stat. 4131.) SUBCHAPTER IIITRAINING AND 
   OUTREACH ' 2021. Homeless veterans reintegration programs (a) IN 
GENERAL.Subject to the availability of appropriations provided for 
such purpose, the Secretary of Labor shall conduct, directly or through 
     grant or contract, such programs as the Secretary determines 
appropriate to provide job training, counseling, and placement services 
(including job readiness and literacy and skills training) to expedite 
   the reintegration of homeless veterans into the labor force. (b) 
REQUIREMENT TO MONITOR EXPENDITURES OF FUNDS.(1) The Secretary of 
   Labor shall collect such information as that Secretary considers 
appropriate to monitor and evaluate the distribution and expenditure of 
  funds appropriated to carry out this section. The information shall 
 include data with respect to the results or outcomes of the services 
 provided to each homeless veteran under this section. (2) Information 
 under paragraph (1) shall be furnished in such form and manner as the 
    Secretary of Labor may specify. (c) ADMINISTRATION THROUGH THE 
   ASSISTANT SECRETARY OF LABOR FOR VETERANS EMPLOYMENT AND 
   TRAINING.The Secretary of Labor shall carry out this section 
    through the Assistant Secretary of Labor for Veterans 
Employment and Training. (d) BIENNIAL REPORT TO CONGRESS.Not less 
than every two years, the Secretary of Labor shall submit to Congress a 
 report on the programs conducted under this section. The Secretary of 
 Labor shall include in the report an evaluation of services furnished 
   to veterans under this section and an analysis of the information 
         collected under subsection (b). (e) AUTHORIZATION OF 
  APPROPRIATIONS.(1) There are authorized to be appropriated to 
 carry out this section amounts as follows: (A) $50,000,000 for fiscal 
 year 2002. (B) $50,000,000 for fiscal year 2003. (C) $50,000,000 for 
fiscal year 2004. (D) $50,000,000 for fiscal year 2005. (E) $50,000,000 
  for fiscal year 2006. (F) $50,000,000 for each of fiscal years 2007 
 through 2011. (2) Funds appropriated to carry out this section shall 
remain available until expended. Funds obligated in any fiscal year to 
  carry out this section may be expended in that fiscal year and the 
 succeeding fiscal year. (Added Pub. L. 10795, Sec. 5(a)(1), 
 Dec. 21, 2001, 115 Stat. 909; amended Pub. L. 109233, title 
 II, Sec. 203, June 15, 2006, 120 Stat. 404; Pub. L. 111275, 
 title II, Sec. 201, Oct. 13, 2010, 124 Stat. 2873.) ' 2021A. Homeless 
women veterans and homeless veterans with children reintegration grant 
 program (a) GRANTS.Subject to the availability of appropriations 
provided for such purpose, the Secretary of Labor shall make grants to 
programs and facilities that the Secretary determines provide dedicated 
    services for homeless women veterans and homeless veterans with 
children. (b) USE OF FUNDS.Grants under this section shall be used 
to provide job training, counseling, placement services (including job 
readiness and literacy and skills training) and child care services to 
  expedite the reintegration of homeless women veterans and homeless 
veterans with children into the labor force. (c) REQUIREMENT TO MONITOR 
  EXPENDITURES OF FUNDS.(1) The Secretary of Labor shall collect 
such information as that Secretary considers appropriate to monitor and 
  evaluate the distribution and expenditure of funds appropriated to 
carry out this section. The information shall include data with respect 
 to the results or outcomes of the services provided to each homeless 
 veteran under this section. (2) Information under paragraph (1) shall 
  be furnished in such form and manner as the Secretary of Labor may 
 specify. (d) ADMINISTRATION THROUGH THE ASSISTANT SECRETARY OF LABOR 
  FOR VETERANS EMPLOYMENT AND TRAINING.The Secretary of 
 Labor shall carry out this section through the Assistant Secretary of 
   Labor for Veterans Employment and Training. (e) BIENNIAL 
REPORT TO CONGRESS.The Secretary of Labor shall include as part of 
 the report required under section 2021(d) of this title an evaluation 
    of the grant program under this section, which shall include an 
evaluation of services furnished to veterans under this section and an 
    analysis of the information collected under subsection (c). (f) 
  AUTHORIZATION OF APPROPRIATIONS.(1) In addition to any amount 
authorized to be appropriated to carry out section 2021 of this title, 
   there is authorized to be appropriated to carry out this section 
   $1,000,000 for each of fiscal years 2011 through 2015. (2) Funds 
  appropriated to carry out this section shall remain available until 
expended. Funds obligated in any fiscal year to carry out this section 
  may be expended in that fiscal year and the succeeding fiscal year. 
 (Added Pub. L. 111275, title II, Sec. 202(a), Oct. 13, 2010, 
124 Stat. 2873.) ' 2022. Coordination of outreach services for veterans 
 at risk of homelessness (a) OUTREACH PLAN.The Secretary, acting 
 through the Under Secretary for Health, shall provide for appropriate 
officials of the Mental Health Service and the Readjustment Counseling 
Service of the Veterans Health Administration to develop a coordinated 
  plan for joint outreach by the two Services to veterans at risk of 
homelessness, including particularly veterans who are being discharged 
    or released from institutions after inpatient psychiatric care, 
     substance abuse treatment, or imprisonment. (b) MATTERS TO BE 
INCLUDED.The outreach plan under subsection (a) shall include the 
    following: (1) Strategies to identify and collaborate with non-
 Department entities used by veterans who have not traditionally used 
  Department services to further outreach efforts. (2) Strategies to 
  ensure that mentoring programs, recovery support groups, and other 
 appropriate support networks are optimally available to veterans. (3) 
Appropriate programs or referrals to family support programs. (4) Means 
 to increase access to case management services. (5) Plans for making 
additional employment services accessible to veterans. (6) Appropriate 
 referral sources for mental health and substance abuse services. (c) 
 COOPERATIVE RELATIONSHIPS.The outreach plan under subsection (a) 
   shall identify strategies for the Department to enter into formal 
   cooperative relationships with entities outside the Department to 
    facilitate making services and resources optimally available to 
   veterans. (d) REVIEW OF PLAN.The Secretary shall submit the 
    outreach plan under subsection (a) to the Advisory Committee on 
    Homeless Veterans for its review and consultation. (e) OUTREACH 
 PROGRAM.(1) The Secretary shall carry out an outreach program to 
   provide information to homeless veterans and veterans at risk of 
homelessness. The program shall include at a minimum (A) provision 
 of information about benefits available to eligible veterans from the 
     Department; and (B) contact information for local Department 
    facilities, including medical facilities, regional offices, and 
veterans centers. (2) In developing and carrying out the program under 
paragraph (1), the Secretary shall, to the extent practicable, consult 
with appropriate public and private organizations, including the Bureau 
 of Prisons, State social service agencies, the Department of Defense, 
   and mental health, veterans, and homeless advocates (A) for 
 assistance in identifying and contacting veterans who are homeless or 
    at risk of homelessness; (B) to coordinate appropriate outreach 
  activities with those organizations; and (C) to coordinate services 
provided to veterans with services provided by those organizations. (f) 
 REPORTS.(1) Not later than October 1, 2002, the Secretary shall 
submit to the Committees on Veterans Affairs of the Senate and 
House of Representatives an initial report that contains an evaluation 
  of outreach activities carried out by the Secretary with respect to 
  homeless veterans, including outreach regarding clinical issues and 
   other benefits administered under this title. The Secretary shall 
  conduct the evaluation in consultation with the Under Secretary for 
 Benefits, the Department of Veterans Affairs central office official 
   responsible for the administration of the Readjustment Counseling 
Service, the Director of Homeless Veterans Programs, and the Department 
    of Veterans Affairs central office official responsible for the 
 administration of the Mental Health Strategic Health Care Group. (2) 
  Not later than December 31, 2005, the Secretary shall submit to the 
 committees referred to in paragraph (1) an interim report on outreach 
   activities carried out by the Secretary with respect to homeless 
       veterans. The report shall include the following: (A) The 
Secretarys outreach plan under subsection (a), including goals 
and time lines for implementation of the plan for particular facilities 
   and service networks. (B) A description of the implementation and 
     operation of the outreach program under subsection (e). (C) A 
 description of the implementation and operation of the program under 
   section 2023 of this title. (3) Not later than July 1, 2007, the 
Secretary shall submit to the committees referred to in paragraph (1) a 
 final report on outreach activities carried out by the Secretary with 
 respect to homeless veterans. The report shall include the following: 
   (A) An evaluation of the effectiveness of the outreach plan under 
subsection (a). (B) An evaluation of the effectiveness of the outreach 
program under subsection (e). (C) An evaluation of the effectiveness of 
    the demonstration program under section 2023 of this title. (D) 
Recommendations, if any, regarding an extension or modification of such 
 outreach plan, such outreach program, and such demonstration program. 
 (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 
 910; amended Pub. L. 110387, title VI, Sec. 602(d)(3), Oct. 
 10, 2008, 122 Stat. 4132.) ' 2023. Referral and counseling services: 
  veterans at risk of homelessness who are transitioning from certain 
institutions (a) PROGRAM AUTHORITY.The Secretary and the Secretary 
       of Labor (hereinafter in this section referred to as the 
Secretaries) shall carry out a program of 
 referral and counseling services to eligible veterans with respect to 
 benefits and services available to such veterans under this title and 
  under State law. (b) LOCATION OF PROGRAM.The program shall be 
  carried out in at least 12 locations. One location shall be a penal 
institution under the jurisdiction of the Bureau of Prisons. (c) SCOPE 
   OF PROGRAM.(1) To the extent practicable, the program shall 
   provide both referral and counseling services, and in the case of 
   counseling services, shall include counseling with respect to job 
training and placement (including job readiness), housing, health care, 
  and other benefits to assist the eligible veteran in the transition 
   from institutional living. (2)(A) To the extent that referral or 
   counseling services are provided at a location under the program, 
  referral services shall be provided in person during such period of 
time that the Secretaries may specify that precedes the date of release 
or discharge of the eligible veteran, and counseling services shall be 
  furnished after such date. (B) The Secretaries may, as part of the 
     program, furnish to officials of penal institutions outreach 
   information with respect to referral and counseling services for 
 presentation to veterans in the custody of such officials during the 
 18-month period that precedes such date of release or discharge. (3) 
The Secretaries may enter into contracts to carry out the referral and 
    counseling services required under the program with entities or 
   organizations that meet such requirements as the Secretaries may 
establish. (4) In developing the program, the Secretaries shall consult 
      with officials of the Bureau of Prisons, officials of penal 
 institutions of States and political subdivisions of States, and such 
     other officials as the Secretaries determine appropriate. (d) 
DURATION.The authority of the Secretaries to provide referral and 
  counseling services under the demonstration program shall cease on 
   September 30, 2012. (e) DEFINITION.In this section, the term 
eligible veteran means a veteran who 
    (1) is a resident of a penal institution or an institution that 
  provides long-term care for mental illness; and (2) is at risk for 
homelessness absent referral and counseling services provided under the 
 demonstration program (as determined under guidelines established by 
the Secretaries). (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 
  2001, 115 Stat. 912; amended Pub. L. 11028, title V, Sec. 
 5705, May 25, 2007, 121 Stat. 170; Pub. L. 110387, title VI, 
Sec. 602(a)(d)(2), Oct. 10, 2008, 122 Stat. 4132.) SUBCHAPTER 
  IVTREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND 
 HOMELESS VETERANS ' 2031. General treatment (a) In providing care and 
 services under section 1710 of this title to veterans suffering from 
   serious mental illness, including veterans who are homeless, the 
 Secretary may provide (directly or in conjunction with a governmental 
 or other entity) (1) outreach services; (2) care, treatment, and 
  rehabilitative services (directly or by contract in community-based 
 treatment facilities, including halfway houses); and (3) therapeutic 
 transitional housing assistance under section 2032 of this title, in 
 conjunction with work therapy under subsection (a) or (b) of section 
   1718 of this title and outpatient care. (b) The authority of the 
  Secretary under subsection (a) expires on December 31, 2011. (Added 
  Pub. L. 105114, title II, Sec. 202(a), Nov. 21, 1997, 111 
    Stat. 2284, Sec. 1771; renumbered Sec. 2031 and amended Pub. L. 
 10795, Sec. 5(b), (f), Dec. 21, 2001, 115 Stat. 918; Pub. L. 
  109444, Sec. 2(c), Dec. 21, 2006, 120 Stat. 3304; Pub. L. 
 109461, title VII, Sec. 704(a), title X, Sec. 1006(b), Dec. 
 22, 2006, 120 Stat. 3440, 3468.) ' 2032. Therapeutic housing (a) The 
 Secretary, in connection with the conduct of compensated work therapy 
programs, may operate residences and facilities as therapeutic housing. 
(b) The Secretary may use such procurement procedures for the purchase, 
lease, or other acquisition of residential housing for purposes of this 
section as the Secretary considers appropriate to expedite the opening 
 and operation of transitional housing and to protect the interests of 
the United States. (c) A residence or other facility may be operated as 
 transitional housing for veterans described in paragraphs (1) and (2) 
 of section 1710(a) of this title under the following conditions: (1) 
  Only veterans described in those paragraphs and a house manager may 
reside in the residence or facility. (2) Each resident, other than the 
 house manager, shall be required to make payments that contribute to 
    covering the expenses of board and the operational costs of the 
residence or facility for the period of residence in such housing. (3) 
  In order to foster the therapeutic and rehabilitative objectives of 
 such housing (A) residents shall be prohibited from using alcohol or 
   any controlled substance or item, (B) any resident violating that 
  prohibition may be expelled from the residence or facility, and (C) 
    each resident shall agree to undergo drug testing or such other 
  measures as the Secretary shall prescribe to ensure compliance with 
  that prohibition. (4) In the establishment and operation of housing 
   under this section, the Secretary shall consult with appropriate 
 representatives of the community in which the housing is established 
      and shall comply with zoning requirements, building permit 
 requirements, and other similar requirements applicable to other real 
property used for similar purposes in the community. (5) The residence 
or facility shall meet State and community fire and safety requirements 
  applicable to other real property used for similar purposes in the 
 community in which the transitional housing is located, but fire and 
 safety requirements applicable to buildings of the Federal Government 
shall not apply to such property. (d) The Secretary shall prescribe the 
   qualifications for house managers for transitional housing units 
 operated under this section. The Secretary may provide for free room 
   and subsistence for a house manager in addition to, or instead of 
payment of, a fee for the services provided by the manager. (e)(1) The 
 Secretary may operate as transitional housing under this section 
(A) any suitable residential property acquired by the Secretary as the 
   result of a default on a loan made, guaranteed, or insured under 
 chapter 37 of this title; (B) any suitable space in a facility under 
 the jurisdiction of the Secretary that is no longer being used (i) to 
  provide acute hospital care, or (ii) as housing for medical center 
 employees; and (C) any other suitable residential property purchased, 
leased, or otherwise acquired by the Secretary. (2) In the case of any 
property referred to in paragraph (1)(A), the Secretary shall (A) 
  transfer administrative jurisdiction over such property within the 
 Department from the Veterans Benefits Administration to the Veterans 
 Health Administration; and (B) transfer from the General Post Fund to 
  the Loan Guaranty Revolving Fund under chapter 37 of this title an 
 amount (not to exceed the amount the Secretary paid for the property) 
 representing the amount the Secretary considers could be obtained by 
sale of such property to a nonprofit organization or a State for use as 
  a shelter for homeless veterans. (3) In the case of any residential 
 property obtained by the Secretary from the Department of Housing and 
Urban Development under this section, the amount paid by the Secretary 
to that Department for that property may not exceed the amount that the 
Secretary of Housing and Urban Development would charge for the sale of 
   that property to a nonprofit organization or a State for use as a 
 shelter for homeless persons. Funds for such charge shall be derived 
from the General Post Fund. (f) The Secretary shall prescribe (1) 
   a procedure for establishing reasonable payment rates for persons 
  residing in transitional housing; and (2) appropriate limits on the 
 period for which such persons may reside in transitional housing. (g) 
 The Secretary may dispose of any property acquired for the purpose of 
 this section. The proceeds of any such disposal shall be credited to 
the General Post Fund. (h) Funds received by the Department under this 
section shall be deposited in the General Post Fund. The Secretary may 
     distribute out of the fund such amounts as necessary for the 
acquisition, management, maintenance, and disposition of real property 
   for the purpose of carrying out such program. The Secretary shall 
manage the operation of this section so as to ensure that expenditures 
under this subsection for any fiscal year shall not exceed by more than 
$500,000 proceeds credited to the General Post Fund under this section. 
  The operation of the program and funds received shall be separately 
 accounted for, and shall be stated in the documents accompanying the 
    Presidents budget for each fiscal year. (Added Pub. L. 
105114, title II, Sec. 202(a), Nov. 21, 1997, 111 Stat. 2284, 
Sec. 1772; renumbered Sec. 2032, Pub. L. 10795, Sec. 5(b)(1), 
 Dec. 21, 2001, 115 Stat. 918.) ' 2033. Additional services at certain 
   locations (a) Subject to the availability of appropriations, the 
  Secretary shall operate a program under this section to expand and 
  improve the provision of benefits and services by the Department to 
 homeless veterans. (b) The program shall include the establishment of 
  sites under the jurisdiction of the Secretary to be centers for the 
provision of comprehensive services to homeless veterans. The services 
     to be provided at each site shall include a comprehensive and 
 coordinated array of those specialized services which may be provided 
  under existing law. The Secretary shall carry out the program under 
 this section in sites in at least each of the 20 largest metropolitan 
 statistical areas. (c) The program shall include the services of such 
  employees of the Veterans Benefits Administration as the Secretary 
determines appropriate at sites under the jurisdiction of the Secretary 
 at which services are provided to homeless veterans. (d) The program 
under this section shall terminate on December 31, 2011. (Added Pub. L. 
105114, title II, Sec. 202(a), Nov. 21, 1997, 111 Stat. 2286, 
  Sec. 1773; renumbered Sec. 2033 and amended Pub. L. 10795, 
  Sec. 5(b)(1), (f), 8(b), Dec. 21, 2001, 115 Stat. 918, 919; Pub. L. 
  109444, Sec. 2(d), Dec. 21, 2006, 120 Stat. 3304; Pub. L. 
 109461, title VII, Sec. 704(b), title X, Sec. 1006(b), Dec. 
   22, 2006, 120 Stat. 3440, 3468.) ' 2034. Coordination with other 
  agencies and organizations (a) In assisting homeless veterans, the 
 Secretary shall coordinate with, and may provide services authorized 
  under this title in conjunction with, State and local governments, 
 other appropriate departments and agencies of the Federal Government, 
 and nongovernmental organizations. (b)(1) The Secretary shall require 
 the director of each medical center or the director of each regional 
 benefits office to make an annual assessment of the needs of homeless 
    veterans living within the area served by the medical center or 
regional office, as the case may be. (2) Each such assessment shall be 
     made in coordination with representatives of State and local 
governments, other appropriate departments and agencies of the Federal 
  Government, and nongovernmental organizations that have experience 
 working with homeless persons in that area. (3) Each such assessment 
   shall identify the needs of homeless veterans with respect to the 
following: (A) Health care. (B) Education and training. (C) Employment. 
(D) Shelter. (E) Counseling. (F) Outreach services. (4) Each assessment 
   shall also indicate the extent to which the needs referred to in 
     paragraph (3) are being met adequately by the programs of the 
     Department, of other departments and agencies of the Federal 
  Government, of State and local governments, and of nongovernmental 
 organizations. (5) Each assessment shall be carried out in accordance 
with uniform procedures and guidelines prescribed by the Secretary. (6) 
The Secretary shall review each annual assessment under this subsection 
    and shall consolidate the findings and conclusions of each such 
  assessment into the next annual report submitted to Congress under 
 section 2065 of this title. (c) In furtherance of subsection (a), the 
  Secretary shall require the director of each medical center and the 
    director of each regional benefits office, in coordination with 
     representatives of State and local governments, other Federal 
   officials, and nongovernmental organizations that have experience 
 working with homeless persons in the areas served by such facility or 
 office, to (1) develop a list of all public and private programs 
that provide assistance to homeless persons or homeless veterans in the 
area concerned, together with a description of the services offered by 
     those programs; (2) seek to encourage the development by the 
representatives of such entities, in coordination with the director, of 
    a plan to coordinate among such public and private programs the 
provision of services to homeless veterans; (3) take appropriate action 
 to meet, to the maximum extent practicable through existing programs 
   and available resources, the needs of homeless veterans that are 
 identified in the assessment conducted under subsection (b); and (4) 
  attempt to inform homeless veterans whose needs the director cannot 
  meet under paragraph (3) of the services available to such veterans 
    within the area served by such center or office. (Added Pub. L. 
105114, title II, Sec. 202(a), Nov. 21, 1997, 111 Stat. 2286, 
  Sec. 1774; renumbered Sec. 2034 and amended Pub. L. 10795, 
  Secs. 5(b)(1), 6(b), Dec. 21, 2001, 115 Stat. 918, 919.) SUBCHAPTER 
   VHOUSING ASSISTANCE ' 2041. Housing assistance for homeless 
   veterans (a)(1) To assist homeless veterans and their families in 
acquiring shelter, the Secretary may enter into agreements described in 
 paragraph (2) with (A) nonprofit organizations, with preference 
being given to any organization named in, or approved by the Secretary 
 under, section 5902 of this title; or (B) any State or any political 
subdivision thereof. (2) To carry out paragraph (1), the Secretary may 
enter into agreements to sell, lease, lease with an option to purchase, 
  or donate real property, and improvements thereon, acquired by the 
   Secretary as the result of a default on a loan made, insured, or 
guaranteed under this chapter. Such sale or lease or donation shall be 
   for such consideration as the Secretary determines is in the best 
  interests of homeless veterans and the Federal Government. (3) The 
   Secretary may enter into an agreement under paragraph (1) of this 
   subsection only if (A) the Secretary determines that such an 
action will not adversely affect the ability of the Department (i) 
 to fulfill its statutory missions with respect to the Department loan 
 guaranty program and the short-and long-term solvency of the Veterans 
  Housing Benefit Program Fund established under section 3722 of this 
   title; or (ii) to carry out other functions and administer other 
  programs authorized by law; (B) the entity to which the property is 
sold, leased, or donated agrees to (i) utilize the property solely 
 as a shelter primarily for homeless veterans and their families, (ii) 
comply with all zoning laws relating to the property, (iii) make no use 
of the property that is not compatible with the area where the property 
     is located, and (iv) take such other actions as the Secretary 
   determines are necessary or appropriate in the best interests of 
  homeless veterans and the Federal Government; and (C) the Secretary 
  determines that there is no significant likelihood of the property 
   being sold for a price sufficient to reduce the liability of the 
 Department or the veteran who defaulted on the loan. (4) The term of 
  any lease under this subsection may not exceed three years. (5) An 
 approved entity that leases a property from the Secretary under this 
 section shall be responsible for the payment of any taxes, utilities, 
 liability insurance, and other maintenance charges or similar charges 
     that apply to the property. (6) Any agreement, deed, or other 
instrument executed by the Secretary under this subsection shall be on 
such terms and conditions as the Secretary determines to be appropriate 
   and necessary to carry out the purpose of such agreement. (b)(1) 
  Subject to paragraphs (2) and (3), the Secretary may make loans to 
   organizations described in paragraph (1)(A) of subsection (a) to 
   finance the purchase of property by such organizations under such 
      subsection. (2) In making a loan under this subsection, the 
Secretary (A) shall establish credit standards to be used for this 
purpose; (B) may, pursuant to section 3733(a)(6) of this title, provide 
that the loan will bear interest at a rate below the rate that prevails 
for similar loans in the market in which the loan is made; and (C) may 
 waive the collection of a fee under section 3729 of this title in any 
  case in which the Secretary determines that such a waiver would be 
  appropriate. (c) The Secretary may not enter into agreements under 
subsection (a) after December 31, 2011. (Added Pub. L. 10254, 
  Sec. 9(a), June 13, 1991, 105 Stat. 272, Sec. 1835; renumbered Sec. 
 3735, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; 
 amended Pub. L. 102590, Sec. 8, 9, Nov. 10, 1992, 106 Stat. 
  5140; Pub. L. 103446, title XII, Sec. 1201(d)(13), Nov. 2, 
 1994, 108 Stat. 4684; Pub. L. 104110, title I, Sec. 101(h), 
 Feb. 13, 1996, 110 Stat. 768; Pub. L. 105114, title II, Sec. 
 203(a), Nov. 21, 1997, 111 Stat. 2288; Pub. L. 105368, title 
     VI, Sec. 602(e)(1)(G), Nov. 11, 1998, 112 Stat. 3347; Pub. L. 
  106117, title IX, Sec. 902, Nov. 30, 1999, 113 Stat. 1587; 
renumbered Sec. 2041, Pub. L. 10795, Sec. 5(c), Dec. 21, 2001, 
  115 Stat. 918; Pub. L. 108170, title IV, Sec. 404, Dec. 6, 
 2003, 117 Stat. 2063; Pub. L. 109444, Sec. 8(a)(5), Dec. 21, 
  2006, 120 Stat. 3313; Pub. L. 109461, title VII, Sec. 705, 
  title X, Secs. 1004(a)(5), 1006(b), Dec. 22, 2006, 120 Stat. 3440, 
 3465, 3468.) ' 2042. Supported housing for veterans participating in 
    compensated work therapies The Secretary may authorize homeless 
veterans in the compensated work therapy program to be provided housing 
 through the therapeutic residence program under section 2032 of this 
 title or through grant and per diem providers under subchapter II of 
  this chapter. (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 
      2001, 115 Stat. 913.) ' 2043. Domiciliary care programs (a) 
  AUTHORITY.The Secretary may establish up to 10 programs under 
   section 1710(b) of this title (in addition to any program that is 
established as of the date of the enactment of this section) to provide 
   domiciliary services under such section to homeless veterans. (b) 
    ENHANCEMENT OF CAPACITY OF DOMICILIARY CARE PROGRAMS FOR FEMALE 
 VETERANS.The Secretary shall take appropriate actions to ensure 
that the domiciliary care programs of the Department are adequate, with 
 respect to capacity and with respect to safety, to meet the needs of 
 veterans who are women. (Added Pub. L. 10795, Sec. 5(a)(1), 
 Dec. 21, 2001, 115 Stat. 913; amended Pub. L. 110387, title 
    VI, Sec. 603, Oct. 10, 2008, 122 Stat. 4132.) ' 2044. Financial 
assistance for supportive services for very low-income veteran families 
in permanent housing (a) DISTRIBUTION OF FINANCIAL ASSISTANCE.(1) 
 The Secretary shall provide financial assistance to eligible entities 
approved under this section to provide and coordinate the provision of 
  supportive services described in subsection (b) for very low-income 
veteran families occupying permanent housing. (2) Financial assistance 
  under this section shall consist of grants for each such family for 
  which an approved eligible entity is providing or coordinating the 
 provision of supportive services. (3)(A) The Secretary shall provide 
 such grants to each eligible entity that is providing or coordinating 
 the provision of supportive services. (B) The Secretary is authorized 
to establish intervals of payment for the administration of such grants 
 and establish a maximum amount to be awarded, in accordance with the 
services being provided and their duration. (4) In providing financial 
assistance under paragraph (1), the Secretary shall give preference to 
entities providing or coordinating the provision of supportive services 
    for very low-income veteran families who are transitioning from 
homelessness to permanent housing. (5) The Secretary shall ensure that, 
 to the extent practicable, financial assistance under this subsection 
  is equitably distributed across geographic regions, including rural 
   communities and tribal lands. (6) Each entity receiving financial 
assistance under this section to provide supportive services to a very 
 low-income veteran family shall notify that family that such services 
  are being paid for, in whole or in part, by the Department. (7) The 
  Secretary may require entities receiving financial assistance under 
  this section to submit a report to the Secretary that describes the 
  projects carried out with such financial assistance. (b) SUPPORTIVE 
SERVICES.The supportive services referred to in subsection (a) are 
    the following: (1) Services provided by an eligible entity or a 
subcontractor of an eligible entity that address the needs of very low-
income veteran families occupying permanent housing, including (A) 
  outreach services; (B) case management services; (C) assistance in 
  obtaining any benefits from the Department which the veteran may be 
  eligible to receive, including, but not limited to, vocational and 
rehabilitation counseling, employment and training service, educational 
 assistance, and health care services; and (D) assistance in obtaining 
  and coordinating the provision of other public benefits provided in 
  federal, 1 State, or local agencies, or any organization defined in 
  subsection (f), including (i) health care services (including 
obtaining health insurance); (ii) daily living services; (iii) personal 
 financial planning; (iv) transportation services; (v) income support 
services; (vi) fiduciary and representative payee services; (vii) legal 
 services to assist the veteran family with issues that interfere with 
the familys ability to obtain or retain housing or supportive 
  services; (viii) child care; (ix) housing counseling; and (x) other 
  services necessary for maintaining independent living. (2) Services 
   described in paragraph (1) that are delivered to very low-income 
   veteran families who are homeless and who are scheduled to become 
residents of permanent housing with1 So in original. Probably should be 
capitalized. in 90 days pending the location or development of housing 
suitable for permanent housing. (3) Services described in paragraph (1) 
  for very low-income veteran families who have voluntarily chosen to 
seek other housing after a period of tenancy in permanent housing, that 
    are provided, for a period of 90 days after such families exit 
  permanent housing or until such families commence receipt of other 
housing services adequate to meet their current needs, but only to the 
extent that services under this paragraph are designed to support such 
families in their choice to transition into housing that is responsive 
    to their individual needs and preferences. (c) APPLICATION FOR 
  FINANCIAL ASSISTANCE.(1) An eligible entity seeking financial 
   assistance under subsection (a) shall submit to the Secretary an 
application therefor in such form, in such manner, and containing such 
commitments and information as the Secretary determines to be necessary 
    to carry out this section. (2) Each application submitted by an 
     eligible entity under paragraph (1) shall contain (A) a 
 description of the supportive services proposed to be provided by the 
  eligible entity and the identified needs for those services; (B) a 
 description of the types of very low-income veteran families proposed 
  to be provided such services; (C) an estimate of the number of very 
low-income veteran families proposed to be provided such services; (D) 
    evidence of the experience of the eligible entity in providing 
  supportive services to very low-income veteran families; and (E) a 
description of the managerial capacity of the eligible entity (i) 
 to coordinate the provision of supportive services with the provision 
of permanent housing by the eligible entity or by other organizations; 
   (ii) to assess continuously the needs of very low-income veteran 
families for supportive services; (iii) to coordinate the provision of 
supportive services with the services of the Department; (iv) to tailor 
 supportive services to the needs of very low-income veteran families; 
 and (v) to seek continuously new sources of assistance to ensure the 
 long-term provision of supportive services to very low-income veteran 
families. (3) The Secretary shall establish criteria for the selection 
  of eligible entities to be provided financial assistance under this 
section. (d) TECHNICAL ASSISTANCE.(1) The Secretary shall provide 
 training and technical assistance to participating eligible entities 
   regarding the planning, development, and provision of supportive 
   services to very low-income veteran families occupying permanent 
  housing, through the Technical Assistance grants program in section 
    2064 of this title. (2) The Secretary may provide the training 
described in paragraph (1) directly or through grants or contracts with 
appropriate public or nonprofit private entities. (e) FUNDING.(1) 
From amounts appropriated to the Department for Medical Services, there 
shall be available to carry out subsection 2 (a), (b), and (c) amounts 
 as follows: (A) $15,000,000 for fiscal year 2009. (B) $20,000,000 for 
 fiscal year 2010. (C) $25,000,000 for fiscal year 2011. (2) Not more 
 than $750,000 may be available under paragraph (1) in any fiscal year 
  to provide technical assistance under subsection (d). (3) There is 
 authorized to be appropriated $1,000,000 for each of the fiscal years 
 2009 through 2011 to carry out the provisions of subsection (d). (f) 
  DEFINITIONS.In this section: (1) The term consumer 
   cooperative has the meaning given such term in 
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). (2) The term 
eligible entity means (A) a private 
  nonprofit organization; or (B) a consumer cooperative. (3) The term 
homeless has the meaning given that term 
in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
 11302). (4) The term permanent housing 
means community-based housing without a designated length of stay. (5) 
 The term private nonprofit organization 
means any of the following: (A) Any incorporated private institution or 
foundation (i) no part of the net earnings of which inures to the 
benefit of any member, founder, contributor, or individual; (ii) which 
  has a governing board that is responsible for the operation of the 
  supportive services provided under this section; and (iii) which is 
  approved by the Secretary as to financial responsibility. (B) A for-
  profit limited partnership, the sole general partner of which is an 
 organization meeting the requirements of clauses (i), (ii), and (iii) 
 of subparagraph (A). (C) A corporation wholly owned and controlled by 
  an organization meeting the requirements of clauses (i), (ii), and 
(iii) of subparagraph (A). (D) A tribally designated housing entity (as 
  defined in section 4 of the Native American Housing Assistance and 
  Self-Determination Act of 1996 (25 U.S.C. 4103)). (6)(A) Subject to 
subparagraphs (B) and (C), the term very low-income veteran 
 family means a veteran family whose income does not 
  exceed 50 percent of the median income for an area specified by the 
Secretary for purposes of this section, as determined by the Secretary 
in accordance with this paragraph. 2So in original. Probably should be 
subsections. (B) The Secretary shall make 
 appropriate adjustments to the income requirement under subparagraph 
  (A) based on family size. (C) The Secretary may establish an income 
  ceiling higher or lower than 50 percent of the median income for an 
  area if the Secretary determines that such variations are necessary 
  because the area has unusually high or low construction costs, fair 
   market rents (as determined under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f)), or family incomes. (7) The term 
veteran family includes a veteran who is 
  a single person and a family in which the head of household or the 
     spouse of the head of household is a veteran. (Added Pub. L. 
  110387, title VI, Sec. 604(b)(1), Oct. 10, 2008, 122 Stat. 
4132; amended Pub. L. 111275, title X, Sec. 1001(e), Oct. 13, 
2010, 124 Stat. 2896.) SUBCHAPTER VILOAN GUARANTEE FOR MULTIFAMILY 
 TRANSITIONAL HOUSING ' 2051. General authority (a) The Secretary may 
   guarantee the full or partial repayment of a loan that meets the 
 requirements of this subchapter. (b)(1) Not more than 15 loans may be 
guaranteed under subsection (a), of which not more than five such loans 
may be guaranteed during the 3-year period beginning on the date of the 
     enactment of this subchapter. (2) A guarantee of a loan under 
 subsection (a) shall be in an amount that is not less than the amount 
necessary to sell the loan in a commercial market. (3) Not more than an 
   aggregate amount of $100,000,000 in loans may be guaranteed under 
subsection (a). (c) A loan may not be guaranteed under this subchapter 
unless, before closing such loan, the Secretary has approved the loan. 
   (d)(1) The Secretary shall enter into contracts with a qualified 
   nonprofit organization, or other qualified organization, that has 
  experience in underwriting transitional housing projects to obtain 
 advice in carrying out this subchapter, including advice on the terms 
  and conditions necessary for a loan that meets the requirements of 
   section 2052 of this title. (2) For purposes of paragraph (1), a 
    nonprofit organization is an organization that is described in 
 paragraph (3) or (4) of subsection (c) of section 501 of the Internal 
  Revenue Code of 1986 and is exempt from tax under subsection (a) of 
   such section. (e) The Secretary may carry out this subchapter in 
   advance of the issuance of regulations for such purpose. (f) The 
Secretary may guarantee loans under this subchapter notwithstanding any 
    requirement for prior appropriations for such purpose under any 
  provision of law. (g) Notwithstanding any other provision of law, a 
   multifamily transitional housing project that is funded by a loan 
  guaranteed under this subchapter may accept uncompensated voluntary 
 services performed by any eligible entity (as that term is defined in 
  section 2011(d) of this title) in connection with the construction, 
alteration, or repair of such project. (Added Pub. L. 105368, 
   title VI, Sec. 601(a), Nov. 11, 1998, 112 Stat. 3342, Sec. 3772; 
renumbered Sec. 2051 and amended Pub. L. 10795, Sec. 5(d)(1), 
 (2)(B), Dec. 21, 2001, 115 Stat. 918; Pub. L. 108454, title 
 IV, Sec. 402(a), Dec. 10, 2004, 118Stat. 3615.) ' 2052. Requirements 
    (a) A loan referred to in section 2051 of this title meets the 
 requirements of this subchapter if each of the following requirements 
    is met: (1) The loan (A) is for (i) construction of, 
      rehabilitation of, or acquisition of land for a multifamily 
transitional housing project described in subsection (b), or more than 
one of such purposes; or (ii) refinancing of an existing loan for such 
   a project; and (B) may also include additional reasonable amounts 
 for (i) financing acquisition of furniture, equipment, supplies, 
 or materials for the project; or (ii) in the case of a loan made for 
 purposes of subparagraph (A)(i), supplying the organization carrying 
 out the project with working capital relative to the project. (2) The 
loan is made in connection with funding or the provision of substantial 
   property or services for such project by either a State or local 
 government or a nongovernmental entity, or both. (3) The maximum loan 
  amount does not exceed the lesser of (A) that amount generally 
      approved (utilizing prudent underwriting principles) in the 
consideration and approval of projects of similar nature and risk so as 
 to assure repayment of the loan obligation; and (B) 90 percent of the 
total cost of the project. (4) The loan is of sound value, taking into 
account the creditworthiness of the entity (and the individual members 
of the entity) applying for such loan. (5) The loan is secured. (6) The 
     loan is subject to such terms and conditions as the Secretary 
 determines are reasonable, taking into account other housing projects 
with similarities in size, location, population, and services provided. 
(b) For purposes of this subchapter, a multifamily transitional housing 
  project referred to in subsection (a)(1) is a project that (1) 
 provides transitional housing to homeless veterans, which housing may 
  be single room occupancy (as defined in section 8(n) of the United 
    States Housing Act of 1937 (42 U.S.C. 1437f(n))); (2) provides 
      supportive services and counselling services (including job 
counselling) at the project site with the goal of making such veterans 
self-sufficient; (3) requires that each such veteran seek to obtain and 
maintain employment; (4) charges a reasonable fee for occupying a unit 
in such housing; and (5) maintains strict guidelines regarding sobriety 
as a condition of occupying such unit. (c) Such a project (1) may 
   include space for neighborhood retail services, other commercial 
activities, or job training programs; and (2) may provide transitional 
 housing to veterans who are not homeless and to homeless individuals 
who are not veterans if (A) at the time of taking occupancy by any 
such veteran or homeless individual, the transitional housing needs of 
 homeless veterans in the project area have been met; (B) the housing 
needs of any such veteran or homeless individual can be met in a manner 
   that is compatible with the manner in which the needs of homeless 
    veterans are met under paragraph (1); and (C) the provisions of 
 paragraphs (4) and (5) of subsection (b) are met. (d) In determining 
whether to guarantee a loan under this sub-chapter, the Secretary shall 
 consider (1) the availability of Department of Veterans Affairs 
 medical services to residents of the multifamily transitional housing 
project; and (2) the extent to which needs of homeless veterans are met 
      in a community, as assessed under section 107 of Public Law 
102405. (Added Pub. L. 105368, title VI, Sec. 601(a), 
  Nov. 11, 1998, 112 Stat. 3343, Sec. 3773; renumbered Sec. 2052 and 
 amended Pub. L. 10795, Sec. 5(d)(1), (2)(C), Dec. 21, 2001, 
115 Stat. 918; Pub. L. 108454, title IV, Sec. 402(b), Dec. 10, 
  2004, 118 Stat. 3616.) ' 2053. Default (a) The Secretary shall take 
such steps as may be necessary to obtain repayment on any loan that is 
   in default and that is guaranteed under this subchapter. (b) Upon 
   default of a loan guaranteed under this subchapter and terminated 
 pursuant to State law, a lender may file a claim under the guarantee 
    for an amount not to exceed the lesser of (1) the maximum 
guarantee; or (2) the difference between (A) the total outstanding 
  obligation on the loan, including principal, interest, and expenses 
 authorized by the loan documents, through the date of the public sale 
(as authorized under such documents and State law); and (B) the amount 
 realized at such sale. (Added Pub. L. 105368, title VI, Sec. 
601(a), Nov. 11, 1998, 112 Stat. 3344, Sec. 3774; renumbered Sec. 2053, 
Pub. L. 10795, Sec. 5(d)(1), Dec. 21, 2001, 115 Stat. 918.) ' 
  2054. Audit (a) During each of the first 3 years of operation of a 
 multifamily transitional housing project with respect to which a loan 
    is guaranteed under this subchapter, there shall be an annual, 
    independent audit of such operation. Such audit shall include a 
 detailed statement of the operations, activities, and accomplishments 
   of such project during the year covered by such audit. The party 
 responsible for obtaining such audit (and paying the costs therefor) 
shall be determined before the Secretary issues a guarantee under this 
  subchapter. (b) After the first three years of operation of such a 
multifamily transitional housing project, the Secretary may provide for 
 periodic audits of the project. (Added Pub. L. 105368, title 
VI, Sec. 601(a), Nov. 11, 1998, 112 Stat. 3345, Sec. 3775; amended Pub. 
L. 106117, title VII, Sec. 712, Nov. 30, 1999, 113 Stat. 1584; 
 renumbered Sec. 2054, Pub. L. 10795, Sec. 5(d)(1), Dec. 21, 
2001, 115 Stat. 918.) SUBCHAPTER VIIOTHER PROVISIONS ' 2061. Grant 
         program for homeless veterans with special needs (a) 
  ESTABLISHMENT.The Secretary shall carry out a program to make 
grants to health care facilities of the Department and to grant and per 
 diem providers in order to encourage development by those facilities 
and providers of programs for homeless veterans with special needs. (b) 
HOMELESS VETERANS WITH SPECIAL NEEDS.For purposes of this section, 
  homeless veterans with special needs include homeless veterans who 
are (1) women, including women who have care of minor dependents; 
(2) frail elderly; (3) terminally ill; or (4) chronically mentally ill. 
 (c) FUNDING.(1) From amounts appropriated to the Department for 
Medical Services for each of fiscal years 
 2007 through 2011, $5,000,000 shall be available for each such fiscal 
   year for the purposes of the program under this section. (2) The 
  Secretary shall ensure that funds for grants under this section are 
designated for the first three years of operation of the program under 
   this section as a special purpose program for which funds are not 
 allocated through the Veterans Equitable Resource Allocation system. 
 (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 
  913; amended Pub. L. 109461, title VII, Sec. 706, Dec. 22, 
  2006, 120 Stat. 3440.) ' 2062. Dental care (a) IN GENERAL.For 
  purposes of section 1712(a)(1)(H) of this title, outpatient dental 
services and treatment of a dental condition or disability of a veteran 
    described in subsection (b) shall be considered to be medically 
 necessary, subject to subsection (c), if (1) the dental services 
  and treatment are necessary for the veteran to successfully gain or 
regain employment; (2) the dental services and treatment are necessary 
    to alleviate pain; or (3) the dental services and treatment are 
necessary for treatment of moderate, severe, or severe and complicated 
           gingival and periodontal pathology. (b) ELIGIBLE 
   VETERANS.Subsection (a) applies to a veteran (1) who is 
enrolled for care under section 1705(a) of this title; and (2) who, for 
  a period of 60 consecutive days, is receiving care (directly or by 
  contract) in any of the following settings: (A) A domiciliary under 
 section 1710 of this title. (B) A therapeutic residence under section 
 2032 of this title. (C) Community residential care coordinated by the 
Secretary under section 1730 of this title. (D) A setting for which the 
  Secretary provides funds for a grant and per diem provider. (3) For 
    purposes of paragraph (2), in determining whether a veteran has 
 received treatment for a period of 60 consecutive days, the Secretary 
   may disregard breaks in the continuity of treatment for which the 
    veteran is not responsible. (c) LIMITATION.Dental benefits 
provided by reason of this section shall be a one-time course of dental 
 care provided in the same manner as the dental benefits provided to a 
newly discharged veteran. (Added Pub. L. 10795, Sec. 5(a)(1), 
   Dec. 21, 2001, 115 Stat. 913.) ' 2063. Employment assistance The 
   Secretary may authorize homeless veterans receiving care through 
 vocational rehabilitation programs to participate in the compensated 
 work therapy program under section 1718 of this title. (Added Pub. L. 
 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 914.) ' 2064. 
 Technical assistance grants for nonprofit community-based groups (a) 
  GRANT PROGRAM.The Secretary shall carry out a program to make 
 grants to entities or organizations with expertise in preparing grant 
    applications. Under the program, the entities or organizations 
   receiving grants shall provide technical assistance to nonprofit 
   community-based groups with experience in providing assistance to 
homeless veterans in order to assist such groups in applying for grants 
under this chapter and other grants relating to addressing problems of 
 homeless veterans. (b) AUTHORIZATION OF APPROPRIATIONS.There are 
authorized to be appropriated $1,000,000 for each of fiscal years 2007 
 through 2012 to carry out the program under this section. (Added Pub. 
L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 914; amended 
Pub. L. 109461, title VII, Sec. 707, Dec. 22, 2006, 120 Stat. 
  3440.) ' 2065. Annual report on assistance to homeless veterans (a) 
 ANNUAL REPORT.Not later than June 15 of each year, the Secretary 
  shall submit to the Committees on Veterans Affairs of the 
 Senate and House of Representatives a report on the activities of the 
Department during the calendar year preceding the report under programs 
    of the Department under this chapter and other programs of the 
 Department for the provision of assistance to homeless veterans. (b) 
GENERAL CONTENTS OF REPORT.Each report under subsection (a) shall 
  include the following: (1) The number of homeless veterans provided 
 assistance under the programs referred to in subsection (a). (2) The 
    cost to the Department of providing such assistance under those 
 programs. (3) The Secretarys evaluation of the effectiveness 
 of the programs of the Department in providing assistance to homeless 
  veterans, including (A) residential work-therapy programs; (B) 
programs combining outreach, community-based residential treatment, and 
 case-management; and (C) contract care programs for alcohol and drug-
dependence or use disabilities. (4) The Secretarys evaluation 
 of the effectiveness of programs established by recipients of grants 
under section 2011 of this title and a description of the experience of 
    those recipients in applying for and receiving grants from the 
Secretary of Housing and Urban Development to serve primarily homeless 
    persons who are veterans. (5) Information on the efforts of the 
    Secretary to coordinate the delivery of housing and services to 
    homeless veterans with other Federal departments and agencies, 
  including (A) the Department of Defense; (B) the Department of 
  Health and Human Services; (C) the Department of Housing and Urban 
   Development; (D) the Department of Justice; (E) the Department of 
  Labor; (F) the Interagency Council on Homelessness; (G) the Social 
Security Administration; and (H) any other Federal department or agency 
   with which the Secretary coordinates the delivery of housing and 
   services to homeless veterans. (6) Any other information on those 
  programs and on the provision of such assistance that the Secretary 
  considers appropriate. (c) HEALTH CARE CONTENTS OF REPORT.Each 
report under subsection (a) shall include, with respect to programs of 
 the Department addressing health care needs of homeless veterans, the 
  following: (1) Information about expenditures, costs, and workload 
   under the program of the Department known as the Health Care for 
 Homeless Veterans program (HCHV). (2) Information about the veterans 
contacted through that program. (3) Information about program treatment 
 outcomes under that program. (4) Information about supported housing 
programs. (5) Information about the Departments grant and per 
  diem provider program under subchapter II of this chapter. (6) The 
  findings and conclusions of the assessments of the medical needs of 
 homeless veterans conducted under section 2034(b) of this title. (7) 
 Other information the Secretary considers relevant in assessing those 
    programs. (d) BENEFITS CONTENT OF REPORT.Each report under 
 subsection (a) shall include, with respect to programs and activities 
  of the Veterans Benefits Administration in processing of claims for 
benefits of homeless veterans during the preceding year, the following: 
   (1) Information on costs, expenditures, and workload of Veterans 
  Benefits Administration claims evaluators in processing claims for 
benefits of homeless veterans. (2) Information on the filing of claims 
     for benefits by homeless veterans. (3) Information on efforts 
    undertaken to expedite the processing of claims for benefits of 
 homeless veterans. (4) Other information that the Secretary considers 
   relevant in assessing the programs and activities. (Added Pub. L. 
  10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 914; amended 
Pub. L. 108170, title IV, Sec. 405(b), Dec. 6, 2003, 117 Stat. 
2063; Pub. L. 109461, title VII, Sec. 708, Dec. 22, 2006, 120 
Stat. 3440; Pub. L. 110387, title IX, Sec. 901(a)(2), Oct. 10, 
2008, 122 Stat. 4142.) ' 2066. Advisory Committee on Homeless Veterans 
 (a) ESTABLISHMENT.(1) There is established in the Department the 
 Advisory Committee on Homeless Veterans (hereinafter in this section 
 referred to as the Committee). (2) The 
 Committee shall consist of not more than 15 members appointed by the 
Secretary from among the following: (A) Veterans service organizations. 
(B) Advocates of homeless veterans and other homeless individuals. (C) 
  Community-based providers of services to homeless individuals. (D) 
Previously homeless veterans. (E) State veterans affairs officials. (F) 
   Experts in the treatment of individuals with mental illness. (G) 
Experts in the treatment of substance use disorders. (H) Experts in the 
    development of permanent housing alternatives for lower income 
 populations. (I) Experts in vocational rehabilitation. (J) Such other 
organizations or groups as the Secretary considers appropriate. (3) The 
Committee shall include, as ex officio members, the following: (A) The 
Secretary of Labor (or a representative of the Secretary selected after 
        consultation with the Assistant Secretary of Labor for 
   Veterans Employment). (B) The Secretary of Defense (or a 
representative of the Secretary). (C) The Secretary of Health and Human 
 Services (or a representative of the Secretary). (D) The Secretary of 
 Housing and Urban Development (or a representative of the Secretary). 
 (E) The Executive Director of the Interagency Council on Homelessness 
    (or a representative of the Executive Director). (F) The Under 
Secretary for Health (or a representative of the Under Secretary after 
   consultation with the Director of the Office of Homeless Veterans 
Programs). (G) The Under Secretary for Benefits (or a representative of 
the Under Secretary after consultation with the Director of the Office 
 of Homeless Veterans Programs). (4)(A) The Secretary shall determine 
 the terms of service and allowances of the members of the Committee, 
except that a term of service may not exceed three years. The Secretary 
 may reappoint any member for additional terms of service. (B) Members 
 of the Committee shall serve without pay. Members may receive travel 
   expenses, including per diem in lieu of subsistence for travel in 
     connection with their duties as members of the Committee. (b) 
DUTIES.(1) The Secretary shall consult with and seek the advice of 
 the Committee on a regular basis with respect to the provision by the 
   Department of benefits and services to homeless veterans. (2) In 
providing advice to the Secretary under this subsection, the Committee 
shall (A) assemble and review information relating to the needs of 
     homeless veterans; (B) provide an on-going assessment of the 
effectiveness of the policies, organizational structures, and services 
 of the Department in assisting homeless veterans; and (C) provide on-
 going advice on the most appropriate means of providing assistance to 
    homeless veterans. (3) The Committee shall (A) review the 
    continuum of services provided by the Department directly or by 
    contract in order to define cross-cutting issues and to improve 
 coordination of all services with the Department that are involved in 
    addressing the special needs of homeless veterans; (B) identify 
 (through the annual assessments under section 2034 of this title and 
   other available resources) gaps in programs of the Department in 
serving homeless veterans, including identification of geographic areas 
 with unmet needs, and provide recommendations to address those gaps; 
(C) identify gaps in existing information systems on homeless veterans, 
  both within and outside the Department, and provide recommendations 
  about redressing problems in data collection; (D) identify barriers 
   under existing laws and policies to effective coordination by the 
    Department with other Federal agencies and with State and local 
 agencies addressing homeless populations; (E) identify opportunities 
     for increased liaison by the Department with nongovernmental 
  organizations and individual groups providing services to homeless 
     populations; (F) with appropriate officials of the Department 
 designated by the Secretary, participate with the Interagency Council 
     on the Homeless under title II of the McKinney-Vento Homeless 
  Assistance Act (42 U.S.C. 11311 et seq.); (G) recommend appropriate 
funding levels for specialized programs for homeless veterans provided 
   or funded by the Department; (H) recommend appropriate placement 
 options for veterans who, because of advanced age, frailty, or severe 
   mental illness, may not be appropriate candidates for vocational 
   rehabilitation or independent living; and (I) perform such other 
 functions as the Secretary may direct. (c) REPORTS.(1) Not later 
than March 31 of each year, the Committee shall submit to the Secretary 
 a report on the programs and activities of the Department that relate 
   to homeless veterans. Each such report shall include (A) an 
   assessment of the needs of homeless veterans; (B) a review of the 
programs and activities of the Department designed to meet such needs; 
     (C) a review of the activities of the Committee; and (D) such 
   recommendations (including recommendations for administrative and 
  legislative action) as the Committee considers appropriate. (2) Not 
 later than 90 days after the receipt of a report under paragraph (1), 
  the Secretary shall transmit to the Committees on Veterans 
   Affairs of the Senate and House of Representatives a copy of the 
 report, together with any comments and recommendations concerning the 
report that the Secretary considers appropriate. (3) The Committee may 
also submit to the Secretary such other reports and recommendations as 
  the Committee considers appropriate. (4) The Secretary shall submit 
 with each annual report submitted to the Congress pursuant to section 
 529 of this title a summary of all reports and recommendations of the 
 Committee submitted to the Secretary since the previous annual report 
       of the Secretary submitted pursuant to that section. (d) 
TERMINATION.The Committee shall cease to exist December 30, 2011. 
 (Added Pub. L. 10795, Sec. 5(a)(1), Dec. 21, 2001, 115 Stat. 
  916; amended Pub. L. 109444, Sec. 2(e), Dec. 21, 2006, 120 
Stat. 3304; Pub. L. 109461, title VII, Sec. 709, title X, Sec. 
1006(b), Dec. 22, 2006, 120 Stat. 3441, 3468.) CHAPTER 21 OF TITLE 38, 
  UNITED STATES CODE [As Amended Through P.L. 1127, Enacted 
March 31, 2011] xTITLE 38VETERANS BENEFITS xPART 
   IIGENERAL BENEFITS CHAPTER 21SPECIALLY ADAPTED 
HOUSING FOR DISABLED VETERANS Sec. 2101. Acquisition and adaptation of 
    housing: eligible veterans. 2101A. Eligibility for benefits and 
    assistance: members of the Armed Forces with service-connected 
  disabilities; individuals residing outside the United States. 2102. 
Limitations on assistance furnished. 2102A. Assistance for individuals 
    residing temporarily in housing owned by a family member. 2103. 
 Furnishing of plans and specifications. 2104. Benefits additional to 
 benefits under other laws. 2105. Nonliability of United States. 2106. 
   Veterans mortgage life insurance. 2107. Coordination of 
 administration of benefits. 2108. Specially adapted housing assistive 
    technology grant program. ' 2101. Acquisition and adaptation of 
  housing: eligible veterans (a) ACQUISITION OF HOUSING WITH SPECIAL 
FEATURES.(1) Subject to paragraph (3), the Secretary may assist a 
  disabled veteran described in paragraph (2) in acquiring a suitable 
housing unit with special fixtures or movable facilities made necessary 
 by the nature of the veterans disability, and necessary land 
 therefor. (2) A veteran is described in this paragraph if the veteran 
   is entitled to compensation under chapter 11 of this title for a 
permanent and total service-connected disability that meets any of the 
 following criteria: (A) The disability is due to the loss, or loss of 
 use, of both lower extremities such as to preclude locomotion without 
the aid of braces, crutches, canes, or a wheelchair. (B) The disability 
     is due to (i) blindness in both eyes, having only light 
 perception, plus (ii) loss or loss of use of one lower extremity. (C) 
The disability is due to the loss or loss of use of one lower extremity 
together with (i) residuals of organic disease or injury; or (ii) 
  the loss or loss of use of one upper extremity, which so affect the 
 functions of balance or propulsion as to preclude locomotion without 
the aid of braces, crutches, canes, or a wheelchair. (D) The disability 
 is due to the loss, or loss of use, of both upper extremities such as 
    to preclude use of the arms at or above the elbows. 355 (E) The 
 disability is due to a severe burn injury (as determined pursuant to 
     regulations prescribed by the Secretary). (3) The regulations 
  prescribed under subsection (d) shall require that assistance under 
paragraph (1) may be provided to a veteran only if the Secretary finds 
that (A) it is medically feasible for the veteran to reside in the 
 proposed housing unit and in the proposed locality; (B) the proposed 
 housing unit bears a proper relation to the veterans present 
 and anticipated income and expenses; and (C) the nature and condition 
    of the proposed housing unit are such as to be suitable to the 
   veterans needs for dwelling purposes. (b) ADAPTATIONS TO 
 RESIDENCE OF VETERAN.(1) Subject to paragraph (3), the Secretary 
  shall assist any disabled veteran described in paragraph (2) (other 
    than a veteran who is eligible for assistance under subsection 
 (a)) (A) in acquiring such adaptations to such veterans 
residence as are determined by the Secretary to be reasonably necessary 
  because of such disability; or (B) in acquiring a residence already 
    adapted with special features determined by the Secretary to be 
reasonably necessary for the veteran because of such disability. (2) A 
 veteran is described in this paragraph if the veteran is entitled to 
 compensation under chapter 11 of this title for a permanent and total 
service-connected disability that meets any of the following criteria: 
(A) The disability is due to blindness in both eyes with 5/ 200 visual 
acuity or less. (B) The disability includes the anatomical loss or loss 
of use of both hands. (C) The disability is due to a severe burn injury 
(as so determined). (3) Assistance under paragraph (1) may be provided 
only to a veteran who the Secretary determines (A) is residing in 
  and reasonably intends to continue residing in a residence owned by 
such veteran or by a member of such veterans family; or (B) if 
the veterans residence is to be constructed or purchased, will 
    be residing in and reasonably intends to continue residing in a 
        residence owned by such veteran or by a member of such 
 veterans family. (c) REGULATIONS.Assistance under this 
 section shall be provided in accordance with such regulations as the 
  Secretary may prescribe. (Pub. L. 85857, Sept. 2, 1958, 72 
 Stat. 1168, Sec. 801; Pub. L. 86239, Sept. 8, 1959, 73 Stat. 
   472; Pub. L. 88401, Aug. 4, 1964, 78 Stat. 380; Pub. L. 
       9122, Sec. 1, June 6, 1969, 83 Stat. 32; Pub. L. 
 95117, title IV, Sec. 401, Oct. 3, 1977, 91 Stat. 1065; Pub. 
L. 96385, title III, Sec. 301(a), Oct. 7, 1980, 94 Stat. 1531; 
    Pub. L. 99 576, title IV, Sec. 401(a), title VII, Sec. 
701(48), 702(7), Oct. 28, 1986, 100 Stat. 3280, 3295, 3302; renumbered 
  Sec. 2101 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 
5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 108183, 
      title IV, Sec. 401, Dec. 16, 2003, 117 Stat. 2664; Pub. L. 
  108454, title IV, Sec. 401, Dec. 10, 2004, 118 Stat. 3614; 
Pub. L. 109233, title I, Sec. 105(a), June 15, 2006, 120 Stat. 
   402; Pub. L. 110289, div. B, title VI, Secs. 2602(b)(1), 
     (7)(A), 2603, July 30, 2008, 122 Stat. 2859, 2860.) ' 2101A. 
 Eligibility for benefits and assistance: members of the Armed Forces 
 with service-connected disabilities; individuals residing outside the 
United States (a) MEMBERS WITH SERVICE-CONNECTED DISABILITIES.(1) 
The Secretary may provide assistance under this chapter to a member of 
    the Armed Forces serving on active duty who is suffering from a 
   disability that meets applicable criteria for benefits under this 
chapter if the disability is incurred or aggravated in line of duty in 
 the active military, naval, or air service. Such assistance shall be 
   provided to the same extent as assistance is provided under this 
  chapter to veterans eligible for assistance under this chapter and 
 subject to the same requirements as veterans under this chapter. (2) 
 For purposes of this chapter, any reference to a veteran or eligible 
  individual shall be treated as a reference to a member of the Armed 
  Forces described in subsection (a) who is similarly situated to the 
 veteran or other eligible individual so referred to. (b) BENEFITS AND 
ASSISTANCE FOR INDIVIDUALS RESIDING OUTSIDE THE UNITED STATES.(1) 
Subject to paragraph (2), the Secretary may, at the Secretarys 
 discretion, provide benefits and assistance under this chapter (other 
   than benefits under section 2106 of this title) to any individual 
otherwise eligible for such benefits and assistance who resides outside 
     the United States. (2) The Secretary may provide benefits and 
 assistance to an individual under paragraph (1) only if (A) the 
  country or political subdivision in which the housing or residence 
   involved is or will be located permits the individual to have or 
acquire a beneficial property interest (as determined by the Secretary) 
   in such housing or residence; and (B) the individual has or will 
   acquire a beneficial property interest (as so determined) in such 
  housing or residence. (c) REGULATIONS.Benefits and assistance 
   under this chapter by reason of this section shall be provided in 
accordance with such regulations as the Secretary may prescribe. (Added 
Pub. L. 110289, div. B, title VI, Sec. 2602(a), July 30, 2008, 
 122 Stat. 2858.) ' 2102. Limitations on assistance furnished (a) The 
    assistance authorized by section 2101(a) of this title shall be 
    afforded under one of the following plans, at the option of the 
individual (1) where the individual elects to construct a housing 
unit on land to be acquired by such individual, the Secretary shall pay 
not to exceed 50 percent of the total cost to the individual of (A) the 
    housing unit and (B) the necessary land upon which it is to be 
 situated; (2) where the individual elects to construct a housing unit 
on land acquired by such individual prior to application for assistance 
 under this chapter, the Secretary shall pay not to exceed the smaller 
    of the following sums: (A) 50 percent of the total cost to the 
individual of the housing unit and the land necessary for such housing 
 unit, or (B) 50 percent of the cost to the individual of the housing 
unit plus the full amount of the unpaid balance, if any, of the cost to 
 the individual of the land necessary for such housing unit; (3) where 
the individual elects to remodel a dwelling which is not adapted to the 
requirements of such individuals disability, acquired by such 
individual prior to application for assistance under this chapter, the 
  Secretary shall pay not to exceed (A) the cost to the individual of 
  such remodeling; or (B) 50 percent of the cost to the individual of 
such remodeling; plus the smaller of the following sums: (i) 50 percent 
 of the cost to the individual of such dwelling and the necessary land 
   upon which it is situated, or (ii) the full amount of the unpaid 
balance, if any, of the cost to the individual of such dwelling and the 
necessary land upon which it is situated; and (4) where the individual 
 has acquired a suitable housing unit, the Secretary shall pay not to 
exceed the smaller of the following sums: (A) 50 percent of the cost to 
 the individual of such housing unit and the necessary land upon which 
 it is situated, or (B) the full amount of the unpaid balance, if any, 
 of the cost to the individual of such housing unit and the necessary 
   land upon which it is situated. (b) Except as provided in section 
2104(b) of this title, the assistance authorized by section 2101(b) of 
this title shall be limited to the lesser of (1) the actual cost, 
or, in the case of an individual acquiring a residence already adapted 
   with special features, the fair market value, of the adaptations 
determined by the Secretary under such section 2101(b) to be reasonably 
necessary, or (2) $12,000. (c) The amount of assistance afforded under 
   subsection (a) for an individual authorized assistance by section 
2101(a) of this title shall not be reduced by reason that title to the 
housing unit, which is vested in the individual, is also vested in any 
other person, if the individual resides in the housing unit. (d)(1) The 
    aggregate amount of assistance available to an individual under 
 sections 2101(a) and 2102A of this title shall be limited to $60,000. 
(2) The aggregate amount of assistance available to an individual under 
 sections 2101(b) and 2102A of this title shall be limited to $12,000. 
 (3) No veteran may receive more than three grants of assistance under 
this chapter. (e)(1) Effective on October 1 of each year (beginning in 
2009), the Secretary shall increase the amounts described in subsection 
(b)(2) and paragraphs (1) and (2) of subsection (d) in accordance with 
  this subsection. (2) The increase in amounts under paragraph (1) to 
   take effect on October 1 of a year shall be by an amount of such 
amounts equal to the percentage by which (A) the residential home 
cost-of-construction index for the preceding calendar year, exceeds (B) 
the residential home cost-of-construction index for the year preceding 
    the year described in subparagraph (A). (3) The Secretary shall 
    establish a residential home cost-of-construction index for the 
    purposes of this subsection. The index shall reflect a uniform, 
 national average change in the cost of residential home construction, 
  determined on a calendar year basis. The Secretary may use an index 
   developed in the private sector that the Secretary determines is 
 appropriate for purposes of this subsection. (Pub. L. 85857, 
Sept. 2, 1958, 72 Stat. 1168, Sec. 802; Pub. L. 9122, Sec. 2, 
  June 6, 1969, 83 Stat. 32; Pub. L. 91506, Sec. 6, Oct. 23, 
 1970, 84 Stat. 1113; Pub. L. 92341, July 10, 1972, 86 Stat. 
432; Pub. L. 93569, Sec. 9, Dec. 31, 1974, 88 Stat. 1867; Pub. 
  L. 95476, title I, Sec. 101, Oct. 18, 1978, 92 Stat. 1497; 
Pub. L. 96 385, title III, Sec. 301(b), Oct. 7, 1980, 94 Stat. 
1531; Pub. L. 9766, title V, Sec. 502, Oct. 17, 1981, 95 Stat. 
1032; Pub. L. 97295, Sec. 4(33), Oct. 12, 1982, 96 Stat. 1307; 
Pub. L. 98543, title III, Sec. 304(a), Oct. 24, 1984, 98 Stat. 
 2748; Pub. L. 99 576, title IV, Sec. 401(b), Oct. 28, 1986, 
 100 Stat. 3280; Pub. L. 100322, title III, Sec. 301, May 20, 
     1988, 102 Stat. 534; renumbered Sec. 2102 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
   Stat. 404406; Pub. L. 105178, title VIII, Sec. 
 8204(a), June 9, 1998, 112 Stat. 494; Pub. L. 106419, title 
 III, Sec. 321, Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107103, 
       title IV, Sec. 404, Dec. 27, 2001, 115 Stat. 993; Pub. L. 
108183, title IV, Sec. 402(a), Dec. 16, 2003, 117 Stat. 2664; 
Pub. L. 109233, title I, Sec. 101(b), June 15, 2006, 120 Stat. 
   398; Pub. L. 110289, div. B, title VI, Secs. 2602(b)(2), 
2605(a), July 30, 2008, 122 Stat. 2859, 2861.) ' 2102A. Assistance for 
 individuals residing temporarily in housing owned by a family member 
 (a) PROVISION OF ASSISTANCE.In the case of a disabled individual 
who is described in subsection (a)(2) or (b)(2) of section 2101 of this 
 title and who is residing, but does not intend to permanently reside, 
 in a residence owned by a member of such individuals family, 
 the Secretary may assist the individual in acquiring such adaptations 
 to such residence as are determined by the Secretary to be reasonably 
necessary because of the individuals disability. (b) AMOUNT OF 
ASSISTANCE.The assistance authorized under subsection (a) may not 
  exceed (1) $14,000, in the case of an individual described in 
  section 2101(a)(2) of this title; or (2) $2,000, in the case of an 
     individual described in section 2101(b)(2) of this title. (c) 
 LIMITATION.The assistance authorized by subsection (a) shall be 
      limited in the case of any individual to one residence. (d) 
  REGULATIONS.Assistance under this section shall be provided in 
 accordance with such regulations as the Secretary may prescribe. (e) 
TERMINATION.No assistance may be provided under this section after 
   December 31, 2011. (Added Pub. L. 109233, title I, Sec. 
101(a), June 15, 2006, 120 Stat. 398; amended Pub. L. 110289, 
 div. B, title VI, Secs. 2602(b)(3), (7)(B), 2604, July 30, 2008, 122 
       Stat. 28592861.) ' 2103. Furnishing of plans and 
   specifications (a) PLANS AND SPECIFICATIONS.The Secretary is 
authorized to furnish to individuals eligible for assistance under this 
       chapter, without cost to the individuals, model plans and 
      specifications of suitable housing units. (b) HANDBOOK FOR 
DESIGN.The Secretary shall make available to veterans eligible for 
assistance under this chapter, without cost to the veterans, a handbook 
   containing appropriate designs for specially adapted housing. The 
 Secretary shall update such handbook at least once every six years to 
  take into account any new or unique disabilities, including vision 
    impairments, impairments specific to the upper limbs, and burn 
 injuries. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1168, Sec. 
  803; renumbered Sec. 2103 and amended Pub. L. 10283, Sec. 
4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
110289, div. B, title VI, Sec. 2602(b)(4), July 30, 2008, 122 
Stat. 2859; Pub. L. 110389, title V, Sec. 503, Oct. 10, 2008, 
 122 Stat. 4176.) ' 2104. Benefits additional to benefits under other 
laws (a) Any individual who accepts the benefits of this chapter shall 
  not by reason thereof be denied the benefits of chapter 37 of this 
 title; however, except as provided in subsection (b) of this section, 
 the assistance authorized by section 2101 of this title shall not be 
available to any individual more than once. (b) An individual eligible 
for assistance under section 2101(b) of this title shall not by reason 
   of such eligibility be denied benefits for which such individual 
   becomes eligible under section 2101(a) of this title or benefits 
   relating to home health services under section 1717(a)(2) of this 
   title. However, no particular type of adaptation, improvement, or 
     structural alteration provided to an individual under section 
   1717(a)(2) of this title may be provided to such individual under 
section 2101(b) of this title. (Pub. L. 85857, Sept. 2, 1958, 
   72 Stat. 1169, Sec. 804; Pub. L. 96385, title III, Sec. 
 301(c), Oct. 7, 1980, 94 Stat. 1531; renumbered Sec. 2104 and amended 
Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
  Pub. L. 104262, title I, Sec. 101(e)(2), Oct. 9, 1996, 110 
Stat. 3180; Pub. L. 110289, div. B, title VI, Sec. 2602(b)(5), 
 July 30, 2008, 122 Stat. 2859.) ' 2105. Nonliability of United States 
    The Government of the United States shall have no liability in 
   connection with any housing unit, or necessary land therefor, or 
  adaptation acquired under the provisions of this chapter. (Pub. L. 
    85857, Sept. 2, 1958, 72 Stat. 1169, Sec. 805; Pub. L. 
 96385, title III, Sec. 301(d), Oct. 7, 1980, 94 Stat. 1531; 
renumbered Sec. 2105, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
 105 Stat. 406.) ' 2106. Veterans mortgage life insurance (a) 
 The United States shall automatically insure any eligible individual 
 age 69 or younger who is or has been granted assistance in securing a 
   suitable housing unit under this chapter against the death of the 
   individual unless the individual (1) submits to the Secretary in 
writing the individuals election not to be insured under this 
 section, or (2) fails to respond in a timely manner to a request from 
 the Secretary for information on which the premium for such insurance 
can be based. (b) The amount of insurance provided an individual under 
this section may not exceed the lesser of $90,000 or the amount of the 
  loan outstanding on the housing unit. The amount of such insurance 
shall be reduced according to the amortization schedule of the loan and 
  may not at any time exceed the amount of the outstanding loan with 
    interest. If there is no outstanding loan on the housing unit, 
insurance is not payable under this section. If an eligible individual 
    elects not to be insured under this section, the individual may 
 thereafter be insured under this section, but only upon submission of 
an application, payment of required premiums, and compliance with such 
health requirements and other terms and conditions as may be prescribed 
by the Secretary. (c) The premiums charged an individual for insurance 
under this section shall be paid at such time and in such manner as the 
  Secretary prescribes. The rates for such premiums shall be based on 
  such mortality data as the Secretary considers appropriate to cover 
 only the mortality cost of insuring standard lives. In the case of an 
 individual receiving compensation or other cash benefits paid to the 
   individual by the Secretary, the Secretary shall deduct from such 
  compensation or other benefits the premiums charged the individual 
 under this section. (d)(1) The United States shall bear the costs of 
   insurance under this section to the extent that such costs exceed 
premiums established by the Secretary. Premiums collected on insurance 
   under this section shall be credited to the Veterans 
Insurance and Indemnities appropriation account, and 
  all disbursements of insurance proceeds under this section shall be 
made from that account. (2) There are authorized to be appropriated to 
  the Secretary for such account such amounts as may be necessary to 
carry out this section. (e) Any amount of insurance in force under this 
 section on the date of the death of an individual insured under this 
 section shall be paid to the holder of the mortgage loan, for payment 
      of which the insurance was granted, for credit on the loan 
 indebtedness. Any liability of the United States under such insurance 
 shall be satisfied when such payment is made. If the Secretary is the 
 holder of the mortgage loan, the insurance proceeds shall be credited 
to the loan indebtedness and, deposited in the Veterans Housing Benefit 
    Program Fund established by section 3722 of this title. (f) The 
 Secretary may prescribe such regulations relating to eligibility for 
  insurance under this section, the maximum amount of insurance, the 
  effective date of insurance, the maximum duration of insurance, and 
 other pertinent matters not specifically provided for in this section 
as the Secretary determines are in the best interest of veterans or the 
  United States. (g) The amount of the insurance in force at any time 
shall be the amount necessary to pay the mortgage indebtedness in full, 
   except as otherwise limited by subsection (b) of this section or 
  regulations prescribed by the Secretary under this section. (h) The 
 Secretary shall issue to each individual insured under this section a 
   certificate setting forth the benefits to which the individual is 
 entitled under the insurance. (i) Insurance under this section shall 
  terminate upon whichever of the following events first occurs: (1) 
 Satisfaction of the individuals indebtedness under the loan 
       upon which the insurance is based. (2) Termination of the 
 individuals ownership of the property securing the loan. (3) 
     Discontinuance of payment of premiums by the individual. (j) 
 Termination of life insurance under this section shall not affect the 
  guaranty or insurance of the loan by the Secretary. (Added Pub. L. 
 9295, Sec. 1, Aug. 11, 1971, 85 Stat. 320, Sec. 806; amended 
 Pub. L. 94433, title III, Sec. 302, Sept. 30, 1976, 90 Stat. 
 1377; Pub. L. 99576, title VII, Sec. 701(49), Oct. 28, 1986, 
100 Stat. 3295; Pub. L. 100322, title III, Sec. 333(a)(1), May 
   20, 1988, 102 Stat. 537; renumbered Sec. 2106 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 404406; Pub. L. 102568, title II, Sec. 204(a), 
Oct. 29, 1992, 106 Stat. 4325; Pub. L. 103446, title XII, Sec. 
  1201(h)(2), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 105368, 
   title VI, Sec. 602(e)(2), Nov. 10, 1998, 112 Stat. 3347; Pub. L. 
  107330, title III, Sec. 302, Dec. 6, 2002, 116 Stat. 2824; 
 Pub. L. 110289, div. B, title VI, Sec. 2602(b)(6), July 30, 
 2008, 122 Stat. 2860; Pub. L. 111275, title IV, Sec. 407(a), 
Oct. 13, 2010, 124 Stat. 2880.) ' 2107. Coordination of administration 
  of benefits The Secretary shall provide for the coordination of the 
 administration of programs to provide specially adapted housing that 
 are administered by the Under Secretary for Health and such programs 
 that are administered by the Under Secretary for Benefits under this 
   chapter, chapter 17, and chapter 31 of this title. (Added Pub. L. 
109233, title I, Sec. 101(c), June 15, 2006, 120 Stat. 399.) ' 
2108. Specially adapted housing assistive technology grant program (a) 
   AUTHORITY TO MAKE GRANTS.The Secretary shall make grants to 
 encourage the development of new assistive technologies for specially 
  adapted housing. (b) APPLICATION.A person or entity seeking a 
 grant under this section shall submit to the Secretary an application 
 for the grant in such form and manner as the Secretary shall specify. 
(c) GRANT FUNDS.(1) Each grant awarded under this section shall be 
 in an amount of not more than $200,000 per fiscal year. (2) For each 
 fiscal year in which the Secretary makes a grant under this section, 
 the Secretary shall make the grant by not later than April 1 of that 
year. (d) USE OF FUNDS.The recipient of a grant under this section 
   shall use the grant to develop assistive technologies for use in 
 specially adapted housing. (e) REPORT.Not later than March 1 of 
each fiscal year following a fiscal year in which the Secretary makes a 
   grant, the Secretary shall submit to Congress a report containing 
information related to each grant awarded under this section during the 
    preceding fiscal year, including (1) the name of the grant 
recipient; (2) the amount of the grant; and (3) the goal of the grant. 
   (f) FUNDING.From amounts appropriated to the Department for 
 readjustment benefits for each fiscal year for which the Secretary is 
  authorized to make a grant under this section, $1,000,000 shall be 
 available for that fiscal year for the purposes of the program under 
  this section. (g) DURATION.The authority to make a grant under 
  this section shall begin on October 1, 2011, and shall terminate on 
  September 30, 2016. (Added Pub. L. 111275, title II, Sec. 
203(a), Oct. 13, 2010, 124 Stat. 2874.) CHAPTER 23 OF TITLE 38, UNITED 
 STATES CODE [As Amended Through P.L. 1127, Enacted March 31, 
     2011] xTITLE 38VETERANS BENEFITS xPART 
 IIGENERAL BENEFITS CHAPTER 23BURIAL BENEFITS Sec. 
    2301. Flags. 2302. Funeral expenses. 2303. Death in Department 
facility; plot allowance. 2304. Claims for reimbursement. 2305. Persons 
    eligible under prior law. 2306. Headstones, markers, and burial 
   receptacles. 2307. Death from service-connected disability. 2308. 
  Transportation of deceased veteran to a national cemetery. ' 2301. 
  Flags (a) The Secretary shall furnish a flag to drape the casket of 
 each (1) deceased veteran who (A) was a veteran of any war, 
   or of service after January 31, 1955; (B) had served at least one 
  enlistment; or (C) had been discharged or released from the active 
military, naval, or air service for a disability incurred or aggravated 
 in line of duty; and (2) deceased individual who at the time of death 
was entitled to retired pay under chapter 67 of title 10 or would have 
 been entitled to retired pay under that chapter but for the fact that 
   the person was under 60 years of age. (b) After the burial of the 
 veteran the flag so furnished shall be given to the veterans 
 next of kin. If no claim is made for the flag by the next of kin, it 
   may be given, upon request, to a close friend or associate of the 
deceased veteran. If a flag is given to a close friend or associate of 
  the deceased veteran, no flag shall be given to any other person on 
   account of the death of such veteran. (c) For the purpose of this 
 section, the term Mexican border period 
as defined in paragraph (30) of section 101 of this title includes the 
period beginning on January 1, 1911, and ending on May 8, 1916. (d) In 
the case of any person who died while in the active military, naval, or 
 air service after May 27, 1941, the Secretary shall furnish a flag to 
  the next of kin, or to such other person as the Secretary considers 
most appropriate, if such next of kin or other person is not otherwise 
entitled to receive a flag under this section or under section 1482(a) 
of title 10. (e) The Secretary shall furnish a flag to drape the casket 
of each deceased person who is buried in a national cemetery by virtue 
of eligibility for burial in such cemetery under section 365 2402(a)(6) 
of this title. After the burial, the flag shall be given to the next of 
  kin or to such other person as the Secretary considers appropriate. 
 (f)(1) The Secretary shall furnish a flag to drape the casket of each 
deceased member or former member of the Selected Reserve (as described 
in section 10143 of title 10) who is not otherwise eligible for a flag 
    under this section or section 1482(a) of title 10 (A) who 
 completed at least one enlistment as a member of the Selected Reserve 
    or, in the case of an officer, completed the period of initial 
  obligated service as a member of the Selected Reserve; (B) who was 
discharged before completion of the persons initial enlistment 
  as a member of the Selected Reserve or, in the case of an officer, 
    period of initial obligated service as a member of the Selected 
 Reserve, for a disability incurred or aggravated in line of duty; or 
(C) who died while a member of the Selected Reserve. (2) A flag may not 
be furnished under subparagraph (A) or (B) of paragraph (1) in the case 
 of a person whose last discharge from service in the Armed Forces was 
under conditions less favorable than honorable. (3) After the burial, a 
flag furnished under paragraph (1) shall be given to the next of kin or 
to such other person as the Secretary considers appropriate. (g) A flag 
    may not be furnished under this section in the case of a person 
 described in section 2411(b) of this title. (h)(1) The Secretary may 
   not procure any flag for the purposes of this section that is not 
 wholly produced in the United States. (2)(A) The Secretary may waive 
 the requirement of paragraph (1) if the Secretary determines (i) 
that the requirement cannot be reasonably met; or (ii) that compliance 
   with the requirement would not be in the national interest of the 
 United States. (B) The Secretary shall submit to Congress in writing 
notice of a determination under subparagraph (A) not later than 30 days 
after the date on which such determination is made. (3) For the purpose 
 of paragraph (1), a flag shall be considered to be wholly produced in 
the United States only if (A) the materials and components of the 
flag are entirely grown, manufactured, or created in the United States; 
(B) the processing (including spinning, weaving, dyeing, and finishing) 
 of such materials and components is entirely performed in the United 
 States; and (C) the manufacture and assembling of such materials and 
 components into the flag is entirely performed in the United States. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1169, Sec. 901; Pub. 
       L. 87240, Sept. 14, 1961, 75 Stat. 512; Pub. L. 
89358, Sec. 9, Mar. 3, 1966, 80 Stat. 28; Pub. L. 90 
     77, title IV, Sec. 402, Aug. 31, 1967, 81 Stat. 190; Pub. L. 
   91588, Sec. 9(g), Dec. 24, 1970, 84 Stat. 1585; Pub. L. 
 97306, title IV, Sec. 402(a), Oct. 14, 1982, 96 Stat. 1442; 
  Pub. L. 99576, title VII, Sec. 701(50), Oct. 28, 1986, 100 
 Stat. 3295; Pub. L. 101237, title III, Sec. 313(b)(1), Dec. 
18, 1989, 103 Stat. 2077; Pub. L. 10254, Sec. 14(b)(20), June 
   13, 1991, 105 Stat. 284; renumbered Sec. 2301 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
  102547, Sec. 11(a), Oct. 28, 1992, 106 Stat. 3644; Pub. L. 
105261, div. A, title V, Sec. 517, title X, Sec. 1073(a), Oct. 
 17, 1998, 112 Stat. 2009, 2137; Pub. L. 10714, Sec. 8(a)(3), 
  June 5, 2001, 115 Stat. 34; Pub. L. 107330, title II, Sec. 
201(b), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 111275, title V, 
    Sec. 502(d)(2), Oct. 13, 2010, 124 Stat. 2883.) ' 2302. Funeral 
expenses (a) In the case of a deceased veteran (1) who at the time 
  of death was in receipt of compensation (or but for the receipt of 
  retirement pay would have been entitled to compensation) or was in 
    receipt of pension, or (2) who was a veteran of any war or was 
discharged or released from the active military, naval, or air service 
for a disability incurred or aggravated in line of duty, whose body is 
   held by a State (or a political subdivision of a State), and with 
respect to whom the Secretary determines (A) that there is no next 
 of kin or other person claiming the body of the deceased veteran, and 
 (B) that there are not available sufficient resources to cover burial 
    and funeral expenses, the Secretary, in the Secretarys 
 discretion, having due regard to the circumstances in each case, may 
pay a sum not exceeding $300 to such person as the Secretary prescribes 
 to cover the burial and funeral expenses of the deceased veteran and 
 the expense of preparing the body and transporting it to the place of 
         burial. For the purpose of this subsection, the term 
veteran includes a person who died during 
  a period deemed to be active military, naval, or air service under 
section 106(c) of this title. (b) Except as hereafter provided in this 
   subsection, no deduction shall be made from the burial allowance 
because of the veterans net assets at the time of the death of 
such veteran, or because of any contribution from any source toward the 
   burial and funeral expenses (including transportation) unless the 
  amount of expenses incurred is covered by the amount actually paid 
    therefor by the United States, a State, any agency or political 
subdivision of the United States or of a State, or the employer of the 
   deceased veteran. No claim shall be allowed (1) for more than the 
 difference between the entire amount of the expenses incurred and the 
  amount paid by any or all of the foregoing, or (2) when the burial 
allowance would revert to the funds of a public or private organization 
 or would discharge such an organizations obligation without 
payment. The burial allowance or any part thereof shall not be paid in 
  any case where specific provision is otherwise made for payment of 
expenses of funeral, transportation, and interment under any other Act. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1169, Sec. 902; Pub. 
L. 88359, July 7, 1964, 78 Stat. 296; Pub. L. 89360, 
   Mar. 7, 1966, 80 Stat. 29; Pub. L. 95476, title II, Sec. 
  203(b), Oct. 18, 1978, 92 Stat. 1506; Pub. L. 95479, title 
III, Sec. 303(a), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 9735, 
    title XX, Sec. 2001(a)(1), Aug. 13, 1981, 95 Stat. 781; Pub. L. 
97306, title IV, Sec. 403((a)), Oct. 14, 1982, 96 Stat. 1443; 
Pub. L. 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 
 Stat. 2077; renumbered Sec. 2302, Pub. L. 10283, Sec. 5(a), 
  Aug. 6, 1991, 105 Stat. 406.) ' 2303. Death in Department facility; 
 plot allowance (a)(1) When a veteran dies in a facility described in 
paragraph (2), the Secretary shall (A) pay the actual cost (not to 
 exceed $700 (as increased from time to time under subsection (c))) of 
 the burial and funeral or, within such limits, may make contracts for 
 such services without regard to the laws requiring advertisement for 
 proposals for supplies and services for the Department; and (B) when 
  such a death occurs in a State, transport the body to the place of 
burial in the same or any other State. (2) A facility described in this 
   paragraph is (A) a facility of the Department (as defined in 
  section 1 701(3) of this title) to which the deceased was properly 
admitted for hospital, nursing home, or domiciliary care under section 
   1710 or 1711(a) of this title; or (B) an institution at which the 
deceased veteran was, at the time of death, receiving (i) hospital 
 care in accordance with section 1703 of this title; (ii) nursing home 
 care under section 1720 of this title; or (iii) nursing home care for 
   which payments are made under section 1741 of this title. (b) In 
addition to the benefits provided for under section 2302 of this title 
  and subsection (a) of this section, in the case of a veteran who is 
 eligible for burial in a national cemetery under section 2402 of this 
 title and who is not buried in a national cemetery or other cemetery 
under the jurisdiction of the United States (1) if such veteran is 
   buried (without charge for the cost of a plot or interment) in a 
 cemetery, or a section of a cemetery, that (A) is used solely for the 
  interment of persons who are (i) eligible for burial in a national 
 cemetery, and (ii) members of a reserve component of the Armed Forces 
  not otherwise eligible for such burial or former members of such a 
   reserve component not otherwise eligible for such burial who are 
    discharged or released from service under conditions other than 
 dishonorable, and(B) is owned by a State or by an agency or political 
subdivision of a State, the Secretary shall pay to such State, agency, 
  or political subdivision the sum of $700 (as increased from time to 
 time under subsection (c)) as a plot or interment allowance for such 
  veteran; and (2) if such veteran is eligible for a burial allowance 
   under section 2302 of this title or under subsection (a) of this 
  section, or was discharged from the active military, naval, or air 
 service for a disability incurred or aggravated in line of duty, and 
such veteran is buried in a cemetery, or a section of a cemetery, other 
than as described in clause (1) of this subsection, the Secretary shall 
  pay a sum not exceeding $700 (as increased from time to time under 
subsection (c)) as a plot or interment allowance to such person as the 
Secretary prescribes, except that if any part of the plot or interment 
costs of a burial to which this clause applies has been paid or assumed 
by a State, an agency or political subdivision of a State, or a former 
employer of the deceased veteran, no claim for such allowance shall be 
 allowed for more than the difference between the entire amount of the 
 expenses incurred and the amount paid or assumed by any or all of the 
foregoing entities. (c) With respect to any fiscal year, the Secretary 
shall provide a percentage increase (rounded to the nearest dollar) in 
    the maximum amount of burial and funeral expenses payable under 
  subsection (a) and in the maximum amount of the plot or internment 
  allowance payable under subsection (b), equal to the percentage by 
which (1) the Consumer Price Index (all items, United States city 
 average) for the 12-month period ending on the June 30 preceding the 
 beginning of the fiscal year for which the increase is made, exceeds 
 (2) the Consumer Price Index for the 12-month period preceding the 12-
month period described in paragraph (1). (Pub. L. 85857, Sept. 
 2, 1958, 72 Stat. 1170, Sec. 903; Pub. L. 8670, Sec. 29(a), 
 June 25, 1959, 73 Stat. 148; Pub. L. 86624, Sec. 25(b), July 
12, 1960, 74 Stat. 418; Pub. L. 8799, July 21, 1961, 75 Stat. 
218; Pub. L. 89358, Sec. 4(i), Mar. 3, 1966, 80 Stat. 24; Pub. 
  L. 9343, Sec. 5(a)(1), June 18, 1973, 87 Stat. 80; Pub. L. 
94581, title II, Sec. 204, Oct. 21, 1976, 90 Stat. 2856; Pub. 
L. 95476, title II, Sec. 202(a), Oct. 18, 1978, 92 Stat. 1503; 
Pub. L. 95479, title III, Sec. 303(a), Oct. 18, 1978, 92 Stat. 
1565; Pub. L. 9735, title XX, Sec. 2001(b), Aug. 13, 1981, 95 
  Stat. 781; Pub. L. 97306, title IV, Sec. 404(a), Oct. 14, 
     1982, 96 Stat. 1443; Pub. L. 99272, title XIX, Sec. 
  19012(c)(4), Apr. 7, 1986, 100 Stat. 382; Pub. L. 101237, 
   title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 
  101508, title VIII, Sec. 8042(a), Nov. 5, 1990, 104 Stat. 
      1388349; renumbered Sec. 2303 and amended Pub. L. 
  10283, Sec. 4(a)(3), (4), 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 404406; Pub. L. 104 275, title II, Sec. 212, 
 Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105114, title IV, Sec. 
 401(a), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 106419, title 
        III, Sec. 333(a), Nov. 1, 2000, 114 Stat. 1856; Pub. L. 
107103, title V, Sec. 501(b)(1), Dec. 27, 2001, 115 Stat. 994; 
Pub. L. 108183, title V, Sec. 501(a), Dec. 16, 2003, 117 Stat. 
 2666; Pub. L. 111275, title V, Sec. 501(a)(c), Oct. 
      13, 2010, 124 Stat. 2881.) ' 2304. Claims for reimbursement 
  Applications for payments under section 2302 of this title must be 
 filed within two years after the burial of the veteran. If the burial 
 allowance was not payable at the death of the veteran because of the 
 nature of the veterans discharge from the service, but after 
 the veterans death the veterans discharge has been 
corrected by competent authority so as to reflect a discharge from the 
   service under conditions other than dishonorable, then the burial 
  allowance may be paid if a claim is filed within two years from the 
     date of correction of the discharge. If a claimants 
 application is incomplete at the time it is originally submitted, the 
   Secretary shall notify the applicant of the evidence necessary to 
 complete the application. If such evidence is not received within one 
  year from the date of such notification, no allowance may be paid. 
 (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1170, Sec. 904; Pub. 
L. 883, Apr. 2, 1963, 77 Stat. 4; Pub. L. 9124, Sec. 
7, June 11, 1969, 83 Stat. 34; Pub. L. 99576, title VII, Sec. 
701(51), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101237, title 
  III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 
  2304 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
  1991, 105 Stat. 406.) ' 2305. Persons eligible under prior law The 
  death of any person who had a status which would, under the laws in 
effect on December 31, 1957, afford entitlement to the burial benefits 
 and other benefits provided for in this chapter, but who did not meet 
   the service requirements contained in this chapter, shall afford 
   entitlement to such benefits, notwithstanding the failure of such 
  person to meet such service requirements. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1170, Sec. 905; renumbered Sec. 2305, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 2306. 
  Headstones, markers, and burial receptacles (a) The Secretary shall 
 furnish, when requested, appropriate Government headstones or markers 
  at the expense of the United States for the unmarked graves of the 
  following: (1) Any individual buried in a national cemetery or in a 
  post cemetery. (2) Any individual eligible for burial in a national 
cemetery (but not buried there), except for those persons or classes of 
 persons enumerated in section 2402(a)(4), (5), and (6) of this title. 
(3) Soldiers of the Union and Confederate Armies of the Civil War. (4) 
  Any individual described in section 2402(a)(5) of this title who is 
   buried in a veterans cemetery owned by a State. (5) Any 
 individual who at the time of death was entitled to retired pay under 
  chapter 1223 of title 10 or would have been entitled to retired pay 
under that chapter but for the fact that the person was under 60 years 
    of age. (b)(1) The Secretary shall furnish, when requested, an 
      appropriate memorial headstone or marker for the purpose of 
  commemorating an eligible individual whose remains are unavailable. 
   Such a headstone or marker shall be furnished for placement in a 
national cemetery area reserved for that purpose under section 2403 of 
 this title, a veterans cemetery owned by a State, or, in the 
  case of a veteran, in a State, local, or private cemetery. (2) For 
    purposes of paragraph (1), an eligible individual is any of the 
   following: (A) A veteran. (B) The spouse or surviving spouse of a 
veteran. (C) An eligible dependent child of a veteran. (3) For purposes 
 of paragraph (1), the remains of an individual shall be considered to 
 be unavailable if the individuals remains (A) have not 
 been recovered or identified; (B) were buried at sea, whether by the 
   individuals own choice or otherwise; (C) were donated to 
science; or (D) were cremated and the ashes scattered without interment 
 of any portion of the ashes. (4) For purposes of this subsection: (A) 
 The term veteran includes an individual 
 who dies in the active military, naval, or air service. (B) The term 
  surviving spouse includes a surviving 
   spouse who had a subsequent remarriage. (5) For purposes of this 
           section, the term eligible dependent 
child means a child (A) who is under 21 years of 
age, or under 23 years of age if pursuing a course of instruction at an 
 approved educational institution; or (B) who is unmarried and became 
   permanently physically or mentally disabled and incapable of self-
support before reaching 21 years of age, or before reaching 23 years of 
  age if pursuing a course of instruction at an approved educational 
institution. (c) A headstone or marker furnished under subsection (a), 
 (b), or (d) of this section may be of any material, including but not 
 limited to marble, granite, bronze, or slate, requested by the person 
entitled to request such headstone or marker if the material requested 
 is determined by the Secretary (1) to be cost effective, and (2) in a 
  case in which the headstone or marker is to be placed in a national 
cemetery, to be aesthetically compatible with the area of the cemetery 
 in which it is to be placed. (d)(1) The Secretary shall furnish, when 
requested, an appropriate Government headstone or marker at the expense 
   of the United States for the grave of an individual described in 
   paragraph (2) or (5) of subsection (a) who is buried in a private 
 cemetery, notwithstanding that the grave is marked by a headstone or 
marker furnished at private expense. Such a headstone or marker may be 
furnished only if the individual making the request for the Government 
 headstone or marker certifies to the Secretary that the headstone or 
marker will be placed on the grave for which the headstone or marker is 
       requested, or, if placement on the grave is impossible or 
impracticable, as close as possible to the grave within the grounds of 
the cemetery in which the grave is located. (2) Any headstone or marker 
  furnished under this subsection shall be delivered by the Secretary 
 directly to the cemetery where the grave is located or to a receiving 
    agent for delivery to the cemetery. (3) The headstone or marker 
   furnished under this subsection shall be the headstone or marker 
   selected by the individual making the request from among all the 
headstones and markers made available by the Government for selection. 
(4) In lieu of furnishing a headstone or marker under this subsection, 
the Secretary may furnish, upon request, a medallion or other device of 
a design determined by the Secretary to signify the deceaseds 
status as a veteran, to be attached to a headstone or marker furnished 
  at private expense. (e)(1) The Secretary of Veterans Affairs shall 
   provide an outer burial receptacle for each new grave in an open 
 cemetery under the control of the National Cemetery Administration in 
 which remains are interred in a casket. The Secretary of the Army may 
 provide an outer burial receptacle for such a grave in the Arlington 
    National Cemetery. (2) The use of outer burial receptacles in a 
 cemetery under the control of the National Cemetery Administration or 
    in the Arlington National Cemetery shall be in accordance with 
regulations or procedures approved by the Secretary of Veterans Affairs 
 or Secretary of the Army, respectively. (3) Regulations or procedures 
     under paragraph (2) may specify that (A) an outer burial 
  receptacle other than a grave liner be provided in lieu of a grave 
liner at the election of the survivors of the interred veteran; and (B) 
 if an outer burial receptacle other than a grave liner is provided in 
    lieu of a grave liner upon an election of such survivors, such 
 survivors be required (i) to pay the amount by which the cost of 
 the outer burial receptacle exceeds the cost of the grave liner that 
would otherwise have been provided in the absence of the election; and 
  (ii) to pay the amount of the administrative costs incurred by the 
    Secretary (or, with respect to Arlington National Cemetery, the 
Secretary of the Army) in providing the outer burial receptacle in lieu 
of such grave liner. (4) Regulations or procedures under paragraph (2) 
    may provide for the use of a voucher system, or other system of 
reimbursement approved by the Secretary (or, with respect to Arlington 
 National Cemetery, the Secretary of the Army), for payment for outer 
    burial receptacles other than grave liners provided under such 
 regulations or procedures. (f)(1) When the Secretary has furnished a 
 headstone or marker under subsection (a) for the unmarked grave of an 
     individual, the Secretary shall, if feasible, add a memorial 
   inscription to that headstone or marker rather than furnishing a 
 separate headstone or marker under that subsection for the surviving 
  spouse or eligible dependent child of such individual. (2) When the 
Secretary has furnished a memorial headstone or marker under subsection 
 (b) for purposes of commemorating a veteran or an individual who died 
in the active military, naval, or air service, the Secretary shall, if 
feasible, add a memorial inscription to that headstone or marker rather 
  than furnishing a separate memorial headstone or marker under that 
subsection for the surviving spouse or eligible dependent child of such 
  individual. (g)(1) A headstone or marker may not be furnished under 
subsection (a) for the unmarked grave of a person described in section 
 2411(b) of this title. (2) A memorial headstone or marker may not be 
   furnished under subsection (b) for the purpose of commemorating a 
 person described in section 2411(b) of this title. (3) A headstone or 
  marker may not be furnished under subsection (d) for the grave of a 
   person described in section 2411(b) of this title. (Added Pub. L. 
  9343, Sec. 5(a)(2), June 18, 1973, 87 Stat. 80, Sec. 906; 
 amended Pub. L. 95476, title II, Sec. 203(a), Oct. 18, 1978, 
92 Stat. 1505; Pub. L. 95479, title III, Sec. 303(b), Oct. 18, 
1978, 92 Stat. 1565; Pub. L. 96385, title V, Sec. 502, Oct. 7, 
1980, 94 Stat. 1534; Pub. L. 9766, title VI, Sec. 603(a), Oct. 
   17, 1981, 95 Stat. 1034; Pub. L. 100322, title III, Sec. 
 344(a), (b)(1), May 20, 1988, 102 Stat. 540; Pub. L. 101237, 
  title III, Sec. 313(b)(1), (3), title V, Sec. 501, 504(a), Dec. 18, 
1989, 103 Stat. 2077, 2093, 2094; Pub. L. 101508, title VIII, 
Sec. 8041(a), Nov. 5, 1990, 104 Stat. 1388349; renumbered Sec. 
  2306 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
  1991, 105 Stat. 406; Pub. L. 102547, Sec. 11(b), Oct. 28, 
 1992, 106 Stat. 3644; Pub. L. 104275, title II, Sec. 213(a), 
 (b)(1), Oct. 9, 1996, 110 Stat. 3331, 3332; Pub. L. 105368, 
title IV, Secs. 401(a), (b), 403(c)(2), Nov. 10, 1998, 112 Stat. 3334, 
3335, 3338; Pub. L. 107103, title V, Sec. 502(a)(c), 
 Dec. 27, 2001, 115 Stat. 994, 995; Pub. L. 107330, title II, 
  Sec. 201(c), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 109444, 
  Sec. 2(f), Dec. 21, 2006, 120 Stat. 3305; Pub. L. 109461, 
title IV, Secs. 401(a), (b), 402, title X, Sec. 1006(b), Dec. 22, 2006, 
  120 Stat. 3429, 3468; Pub. L. 110157, title II, Secs. 201, 
 203(a), Dec. 26, 2007, 121 Stat. 1832, 1833; Pub. L. 110389, 
    title VIII, Sec. 810(a), Oct. 10, 2008, 122 Stat. 4190; Pub. L. 
  111275, title V, Sec. 502(d)(3), Oct. 13, 2010, 124 Stat. 
 2883.) ' 2307. Death from service-connected disability In any case in 
which a veteran dies as the result of a service-connected disability or 
disabilities, the Secretary, upon the request of the survivors of such 
    veteran, shall pay the burial and funeral expenses incurred in 
connection with the death of the veteran in an amount not exceeding the 
 greater of (1) $2,000, or (2) the amount authorized to be paid under 
  section 8134(a) of title 5 in the case of a Federal employee whose 
death occurs as the result of an injury sustained in the performance of 
duty. Funeral and burial benefits provided under this section shall be 
 in lieu of any benefits authorized under sections 2302 and 2303(a)(1) 
 and (b)(2) of this title. (Added Pub. L. 9343, Sec. 5(a)(2), 
 June 18, 1973, 87 Stat. 80, Sec. 907; amended Pub. L. 95479, 
     title III, Sec. 303(c), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 
100322, title III, Sec. 303, May 20, 1988, 102 Stat. 534; Pub. 
L. 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 
  2077; renumbered Sec. 2307 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107103, 
    title V, Sec. 501(a)(1), Dec. 27, 2001, 115 Stat. 994; Pub. L. 
108183, title V, Sec. 501(b), Dec. 16, 2003, 117 Stat. 2667.) 
' 2308. Transportation of deceased veteran to a national cemetery Where 
 a veteran dies as the result of a service-connected disability, or is 
 in receipt of (but for the receipt of retirement pay or pension under 
 this title would have been entitled to) disability compensation, the 
 Secretary may pay, in addition to any amount paid pursuant to section 
2302 or 2307 of this title, the cost of transportation of the deceased 
   veteran for burial in a national cemetery. Such payment shall not 
exceed the cost of transportation to the national cemetery nearest the 
  veterans last place of residence in which burial space is 
available. (Added Pub. L. 94433, title III, Sec. 304(a), Sept. 
  30, 1976, 90 Stat. 1377, Sec. 908; amended Pub. L. 101237, 
 title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered 
 Sec. 2308 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406.) CHAPTER 24 OF TITLE 38, UNITED STATES CODE [As 
  Amended Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART IIGENERAL 
BENEFITS CHAPTER 24NATIONAL CEMETERIES AND MEMORIALS Sec. 
2400. Establishment of National Cemetery Administration; composition of 
 Administration. 2401. Advisory Committee on Cemeteries and Memorials. 
  2402. Persons eligible for interment in national cemeteries. 2403. 
  Memorial areas. 2404. Administration. 2405. Disposition of inactive 
 cemeteries. 2406. Acquisition of lands. 2407. Authority to accept and 
  maintain suitable memorials. 2408. Aid to States for establishment, 
   expansion, and improvement of veterans cemeteries. 2409. 
Memorial areas in Arlington National Cemetery. 2410. Burial of cremated 
   remains in Arlington National Cemetery. 2411. Prohibition against 
interment or memorialization in the National Cemetery Administration or 
  Arlington National Cemetery of persons committing Federal or State 
capital crimes. 2412. Lease of land and buildings. 2413. Prohibition on 
  certain demonstrations at cemeteries under control of the National 
  Cemetery Administration and at Arlington National Cemetery. ' 2400. 
   Establishment of National Cemetery Administration; composition of 
  Administration (a) There shall be within the Department a National 
   Cemetery Administration responsible for the interment of deceased 
servicemembers and veterans. The National Cemetery Administration shall 
   be headed by the Under Secretary for Memorial Affairs, who shall 
  perform such functions as may be assigned by the Secretary. (b) The 
   national cemeteries and other facilities under the control of the 
  National Cemetery Administration shall consist of (1) national 
     cemeteries transferred from the Department of the Army to the 
  Veterans Administration by the National Cemeteries Act of 
 1973; (2) cemeteries under the jurisdiction of the Veterans 
 Administration on the date of enactment of this chapter; and (3) any 
       other cemetery, memorial, or monument transferred to the 
  Veterans Administration by the National Cemeteries Act of 
 1973, or later acquired or developed by the Secretary. (Added Pub. L. 
   9343, Sec. 2(a), June 18, 1973, 87 Stat. 75, Sec. 1000; 
amended Pub. L. 99576, title VII, Sec. 701(52), Oct. 28, 1986, 
 100 Stat. 3295; Pub. L. 100 527, Sec. 13(i), Oct. 25, 1988, 
  102 Stat. 2644; Pub. L. 101237, title III, Sec. 313(b)(1), 
 Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2400 and amended Pub. 
377 L. 10283, Sec. 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 
 404, 406; Pub. L. 105368, title IV, Sec. 403(c)(3), Nov. 11, 
  1998, 112 Stat. 3338.) ' 2401. Advisory Committee on Cemeteries and 
    Memorials There shall be appointed by the Secretary an Advisory 
 Committee on Cemeteries and Memorials. The Secretary shall advise and 
   consult with the Committee from time to time with respect to the 
      administration of the cemeteries for which the Secretary is 
 responsible, and with respect to the selection of cemetery sites, the 
 erection of appropriate memorials, and the adequacy of Federal burial 
benefits. The Committee shall make periodic reports and recommendations 
 to the Secretary and to Congress. (Added Pub. L. 9343, Sec. 
     2(a), June 18, 1973, 87 Stat. 75, Sec. 1001; amended Pub. L. 
99576, title VII, Sec. 701(53), Oct. 28, 1986, 100 Stat. 3295; 
Pub. L. 101 237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 
 Stat. 2077; renumbered Sec. 2401, Pub. L. 10283, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406.) ' 2402. Persons eligible for interment in 
  national cemeteries (a) Under such regulations as the Secretary may 
prescribe and subject to the provisions of section 6105 of this title, 
the remains of the following persons may be buried in any open national 
cemetery under the control of the National Cemetery Administration: (1) 
 Any veteran (which for the purposes of this chapter includes a person 
who died in the active military, naval, or air service). (2) Any member 
of a Reserve component of the Armed Forces, and any member of the Army 
  National Guard or the Air National Guard, whose death occurs under 
 honorable conditions while such member is hospitalized or undergoing 
 treatment, at the expense of the United States, for injury or disease 
contracted or incurred under honorable conditions while such member is 
    performing active duty for training, inactive duty training, or 
  undergoing that hospitalization or treatment at the expense of the 
United States. (3) Any member of the Reserve Officers Training 
    Corps of the Army, Navy, or Air Force whose death occurs under 
    honorable conditions while such member is (A) attending an 
   authorized training camp or on an authorized practice cruise; (B) 
  performing authorized travel to or from that camp or cruise; or (C) 
  hospitalized or undergoing treatment, at the expense of the United 
 States, for injury or disease contracted or incurred under honorable 
conditions while such member is (i) attending that camp or on that 
     cruise; (ii) performing that travel; or (iii) undergoing that 
 hospitalization or treatment at the expense of the United States. (4) 
   Any citizen of the United States who, during any war in which the 
United States is or has been engaged, served in the armed forces of any 
  government allied with the United States during that war, and whose 
   last such service terminated honorably. (5) The spouse, surviving 
spouse (which for purposes of this chapter includes a surviving spouse 
 who had a subsequent remarriage), minor child (which for purposes of 
this chapter includes a child under 21 years of age, or under 23 years 
 of age if pursuing a course of instruction at an approved educational 
institution), and, in the discretion of the Secretary, unmarried adult 
 child of any of the persons listed in paragraphs (1) through (4) and 
 paragraph (7). (6) Such other persons or classes of persons as may be 
 designated by the Secretary. (7) Any person who at the time of death 
  was entitled to retired pay under chapter 1223 of title 10 or would 
 have been entitled to retired pay under that chapter but for the fact 
  that the person was under 60 years of age. (8) Any individual whose 
 service is described in subsection (a) or (b) of section 107 of this 
title if such individual at the time of death (A) was a citizen of 
the United States or an alien lawfully admitted for permanent residence 
in the United States; and (B) resided in the United States. (9)(A) The 
  parent of a person described in subparagraph (B), if the Secretary 
  determines that there is available space at the gravesite where the 
    person described in subparagraph (B) is interred. (B) A person 
 described in this subparagraph is a person described in paragraph (1) 
  who (i) is a hostile casualty or died from a training-related 
injury; (ii) is interred in a national cemetery; and (iii) at the time 
of the persons parents death, did not have a spouse, 
  surviving spouse, or child who is buried or who, upon death, may be 
 eligible for burial in a national cemetery pursuant to paragraph (5). 
  (b) For purposes of subsection (a)(9) of this section: (1) The term 
  parent means a biological father or a 
    biological mother or, in the case of adoption, a father through 
adoption or a mother through adoption. (2) The term hostile 
casualty means a person who, as a member of the Armed 
  Forces, dies as the direct result of hostile action with the enemy, 
 while in combat, while going to or returning from a combat mission if 
  the cause of death was directly related to hostile action, or while 
   hospitalized or undergoing treatment at the expense of the United 
States for injury incurred during combat, and includes a person killed 
mistakenly or accidentally by friendly fire directed at a hostile force 
or what is thought to be a hostile force, but does not include a person 
 who dies due to the elements, a self-inflicted wound, combat fatigue, 
 or a friendly force while the person was in an absent-without-leave, 
deserter, or dropped-from-rolls status or was voluntarily absent from a 
       place of duty. (3) The term training-related 
 injury means an injury incurred by a member of the 
    Armed Forces while performing authorized training activities in 
 preparation for a combat mission. (Added Pub. L. 9343, Sec. 
     2(a), June 18, 1973, 87 Stat. 75, Sec. 1002; amended Pub. L. 
99576, title VII, Sec. 701(54), Oct. 28, 1986, 100 Stat. 3295; 
Pub. L. 101 237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 
 Stat. 2077; Pub. L. 10240, title IV, Sec. 402(d)(1), May 7, 
1991, 105 Stat. 239; renumbered Sec. 2402, Pub. L. 10283, Sec. 
5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103240, Sec. 1, May 
4, 1994, 108 Stat. 609; Pub. L. 103446, title VIII, Sec. 801, 
 802, Nov. 2, 1994, 108 Stat. 4675; Pub. L. 104275, title II, 
Sec. 211, Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105368, title 
      IV, Sec. 403(c)(5), Nov. 11, 1998, 112 Stat. 3338; Pub. L. 
106419, title III, Sec. 331(a), title IV, Sec. 404(a)(5), Nov. 
1, 2000, 114 Stat. 1856, 1865; Pub. L. 108183, title II, Sec. 
212(b), title V, Sec. 502(a), Dec. 16, 2003, 117 Stat. 2658, 2667; Pub. 
  L. 111275, title V, Sec. 502(b), Oct. 13, 2010, 124 Stat. 
 2882.) ' 2403. Memorial areas (a) The Secretary shall set aside, when 
available, suitable areas in national cemeteries to honor the memory of 
 members of the Armed Forces and veterans (1) who are missing in 
 action; (2) whose remains have not been recovered or identified; (3) 
 whose remains were buried at sea, whether by the members or 
   veterans own choice or otherwise; (4) whose remains were 
 donated to science; or (5) whose remains were cremated and the ashes 
  scattered without interment of any portion of the ashes. (b) Under 
regulations prescribed by the Secretary, group memorials may be placed 
to honor the memory of groups of individuals referred to in subsection 
 (a), and appropriate memorial headstones and markers may be placed to 
   honor the memory of individuals referred to in subsection (a) and 
       section 2306(b) of this title. (c) All national and other 
veterans cemeteries under the control of the National Cemetery 
Administration shall be considered national shrines as a tribute to our 
gallant dead and, notwithstanding the provisions of any other law, the 
 Secretary is hereby authorized to permit appropriate officials to fly 
the flag of the United States of America at such cemeteries twenty-four 
hours each day. (Added Pub. L. 9343, Sec. 2(a), June 18, 1973, 
 87 Stat. 76, Sec. 1003; amended Pub. L. 9766, title VI, Sec. 
  603(b), Oct. 17, 1981, 95 Stat. 1034; Pub. L. 97295, Sec. 
  4(34), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101237, title 
  III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 
 2403, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; 
  Pub. L. 105368, title IV, Sec. 401(c), 403(c)(6), Nov. 11, 
 1998, 112 Stat. 3335, 3339.) ' 2404. Administration (a) The Secretary 
is authorized to make all rules and regulations which are necessary or 
   appropriate to carry out the provisions of this chapter, and may 
    designate those cemeteries which are considered to be national 
cemeteries. (b) In conjunction with the development and administration 
  of cemeteries for which the Secretary is responsible, the Secretary 
    shall provide all necessary facilities including, as necessary, 
   superintendents lodges, chapels, crypts, mausoleums, and 
 columbaria. (c)(1) Subject to paragraph (2), each grave in a national 
cemetery shall be marked with an appropriate marker. Such marker shall 
 bear the name of the person buried, the number of the grave, and such 
 other information as the Secretary shall by regulation prescribe. (2) 
  The grave markers referred to in paragraph (1) shall be upright for 
interments that occur on or after January 1, 1987, except that (A) 
  in the case of any cemetery scheduled to be closed by September 30, 
 1991, as indicated in the documents submitted by the Administrator of 
  Veterans Affairs to the Congress in justification for the 
 amounts included for Veterans Administration programs in the 
  Presidents Budget for fiscal year 1987, the Secretary may 
provide for flat grave markers; (B) in the case of any cemetery with a 
 section which has flat markers on October 28, 1986, the Secretary may 
continue to provide for flat grave markers in such section; (C) in the 
    case of any cemetery located on the grounds of or adjacent to a 
  Department health-care facility, the Secretary may provide for flat 
 grave markers; and (D) in the case of grave sites of cremated remains 
  that are interred in the ground, the Secretary may provide for flat 
 grave markers. (d) There shall be kept in each national cemetery, and 
  at the main office of the Department, a register of burials in each 
cemetery setting forth the name of each person buried in the cemetery, 
the number of the grave in which the veteran is buried, and such other 
   information as the Secretary by regulation may prescribe. (e) In 
   carrying out the Secretarys responsibilities under this 
chapter, the Secretary may contract with responsible persons, firms, or 
corporations for the care and maintenance of such cemeteries under the 
 Secretarys jurisdiction as the Secretary shall choose, under 
 such terms and conditions as the Secretary may prescribe. (f)(1) The 
     Secretary is authorized to convey to any State, or political 
  subdivision thereof, in which any national cemetery is located, all 
     right, title, and interest of the United States in and to any 
Government owned or controlled approach road to such cemetery if, prior 
to the delivery of any instrument of conveyance, the State or political 
    subdivision to which such conveyance is to be made notifies the 
Secretary in writing of its willingness to accept and maintain the road 
included in such conveyance. Upon the execution and delivery of such a 
    conveyance, the jurisdiction of the United States over the road 
  conveyed shall cease and thereafter vest in the State or political 
    subdivision concerned. (2) The Secretary may, to the extent of 
 appropriated funds available for such purpose, make a contribution to 
local authorities for the construction of road improvements or traffic 
 controls or other devices on land adjacent to a national cemetery if 
   the Secretary determines that such a contribution is essential to 
ensure safe ingress to or egress from the cemetery. (g) Notwithstanding 
   any other provision of law, the Secretary may at such time as the 
    Secretary deems desirable, relinquish to the State in which any 
     cemetery, monument, or memorial under the Secretarys 
jurisdiction is located, such portion of legislative jurisdiction over 
the lands involved as is necessary to establish concurrent jurisdiction 
 between the Federal Government and the State concerned. Such partial 
 relinquishment of jurisdiction under the authority of this subsection 
may be made by filing with the Governor of the State involved a notice 
of such relinquishment and shall take effect upon acceptance thereof by 
  the State in such manner as its laws may prescribe. (Added Pub. L. 
   9343, Sec. 2(a), June 18, 1973, 87 Stat. 76, Sec. 1004; 
  amended Pub. L. 99576, title IV, Sec. 411, title VII, Sec. 
701(55), Oct. 28, 1986, 100 Stat. 3283, 3295; Pub. L. 100322, 
title III, Sec. 341(a), 342, May 20, 1988, 102 Stat. 539, 540; Pub. L. 
 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 
2077; Pub. L. 10254, Sec. 14(b)(21), June 13, 1991, 105 Stat. 
  284; renumbered Sec. 2404 and amended Pub. L. 10283, Sec. 
4(a)(3), (4), (b)(7), 5(a), Aug. 6, 1991, 105 Stat. 404 406.) 
   ' 2405. Disposition of inactive cemeteries (a) The Secretary may 
   transfer, with the consent of the agency concerned, any inactive 
        cemetery, burial plot, memorial, or monument within the 
   Secretarys control to the Department of the Interior for 
 maintenance as a national monument or park, or to any other agency of 
   the Government. Any cemetery transferred to the Department of the 
 Interior shall be administered by the Secretary of the Interior as a 
    part of the National Park System, and funds appropriated to the 
 Secretary of the Interior for such system shall be available for the 
 management and operation of such cemetery. (b) The Secretary may also 
transfer and convey all right, title, and interest of the United States 
 in or to any inactive cemetery or burial plot, or portion thereon, to 
any State, county, municipality, or proper agency thereof, in which or 
 in the vicinity of which such cemetery or burial plot is located, but 
 in the event the grantee shall cease or fail to care for and maintain 
   the cemetery or burial plot or the graves and monuments contained 
  therein in a manner satisfactory to the Secretary, all such right, 
title, and interest transferred or conveyed by the United States, shall 
revert to the United States. (c) If a cemetery not under the control of 
the National Cemetery Administration has been or is to be discontinued, 
the Secretary may provide for the removal of remains from that cemetery 
to any cemetery under the control of such Administration. The Secretary 
 may also provide for the removal of the remains of any veteran from a 
 place of temporary interment, or from an abandoned grave or cemetery, 
 to a national cemetery. (Added Pub. L. 9343, Sec. 2(a), June 
18, 1973, 87 Stat. 77, Sec. 1005; amended Pub. L. 99576, title 
VII, Sec. 701(56), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101 
  237, title III, Sec. 313(b)(1), (4), Dec. 18, 1989, 103 Stat. 2077; 
renumbered Sec. 2405, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 105368, title IV, Sec. 403(c)(7), Nov. 
 11, 1998, 112 Stat. 3339.) ' 2406. Acquisition of lands As additional 
 lands are needed for national cemeteries, they may be acquired by the 
    Secretary by purchase, gift (including donations from States or 
  political subdivisions thereof), condemnation, transfer from other 
 Federal agencies, exchange, or otherwise, as the Secretary determines 
    to be in the best interest of the United States. (Added Pub. L. 
   9343, Sec. 2(a), June 18, 1973, 87 Stat. 78, Sec. 1006; 
amended Pub. L. 99576, title VII, Sec. 701(57), Oct. 28, 1986, 
 100 Stat. 3295; Pub. L. 101 237, title III, Sec. 313(b)(1), 
     Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2406, Pub. L. 
    10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
108454, title VI, Sec. 603, Dec. 10, 2004, 118 Stat. 3624.) ' 
 2407. Authority to accept and maintain suitable memorials Subject to 
  such restrictions as the Secretary may prescribe, the Secretary may 
   accept gifts, devises, or bequests from legitimate societies and 
 organizations or reputable individuals, made in any manner, which are 
    made for the purpose of beautifying national cemeteries, or are 
 determined to be beneficial to such cemetery. The Secretary may make 
    land available for this purpose, and may furnish such care and 
     maintenance as the Secretary deems necessary. (Added Pub. L. 
   9343, Sec. 2(a), June 18, 1973, 87 Stat. 78, Sec. 1007; 
amended Pub. L. 99576, title VII, Sec. 701(58), Oct. 28, 1986, 
 100 Stat. 3296; Pub. L. 101 237, title III, Sec. 313(b)(1), 
     Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2407, Pub. L. 
10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 2408. Aid to 
        States for establishment, expansion, and improvement of 
  veterans cemeteries (a)(1) Subject to subsection (b), the 
Secretary may make a grant to any State for the following purposes: (A) 
  Establishing, expanding, or improving a veterans cemetery 
owned by the State. (B) Operating and maintaining such a cemetery. (2) 
  A grant under paragraph (1) may be made only upon submission of an 
 application to the Secretary in such form and manner, and containing 
such information, as the Secretary may require. (b) A grant under this 
   section for a purpose described in subsection (a)(1)(A) shall be 
subject to the following conditions: (1) The amount of such a grant may 
not exceed (A) in the case of the establishment of a new cemetery, 
 the sum of: (i) the cost of improvements to be made on the land to be 
   converted into a cemetery; and (ii) the cost of initial equipment 
necessary to operate the cemetery; and (B) in the case of the expansion 
  or improvement of an existing cemetery, the sum of: (i) the cost of 
 improvements to be made on any land to be added to the cemetery; and 
(ii) the cost of any improvements to be made to the existing cemetery. 
  (2) If the amount of such a grant is less than the amount of costs 
  referred to in subparagraph (A) or (B) of paragraph (1), the State 
receiving the grant shall contribute the excess of such costs over the 
  grant. (3) If a State that has received such a grant to establish, 
  expand, or improve a veterans cemetery ceases to own such 
   cemetery, ceases to operate such cemetery as a veterans 
cemetery, or uses any part of the funds provided through such grant for 
  a purpose other than that for which the grant was made, the United 
 States shall be entitled to recover from such State the total of all 
 grants made under this section to such State in connection with such 
cemetery. (c)(1) In addition to the conditions specified in subsection 
(b) of this section, any grant to a State under this section to assist 
 such State in establishing a veterans cemetery shall be made 
on the condition that such cemetery shall conform to such standards and 
 guidelines relating to site selection, planning, and construction as 
 the Secretary may by regulation prescribe. In prescribing regulations 
 for the purposes of the preceding sentence, the Secretary shall take 
into account the standards and guidelines for site selection, planning, 
and construction that are applicable to cemeteries under the control of 
   the National Cemetery Administration, including those provided in 
 subsections (b), (c), and (d) of section 2404 of this title. (2) The 
    Secretary may by regulation prescribe such additional terms and 
  conditions for grants under this section as the Secretary considers 
    appropriate. (d)(1) In addition to the conditions specified in 
 subsections (b) and (c), any grant made to a State under this section 
shall be made subject to the condition specified in paragraph (2). (2) 
    For purposes of paragraph (1), the condition described in this 
  paragraph is that, after the date of the receipt of the grant, such 
 State prohibit the interment or memorialization in that cemetery of a 
   person described in section 2411(b) of this title, subject to the 
   receipt of notice described in subsection (a)(2) of such section, 
except that for purposes of this subsection (A) such notice shall 
   be furnished to an appropriate official of such State; and (B) a 
finding described in subsection (b)(3) of such section shall be made by 
 an appropriate official of such State. (e)(1) Amounts appropriated to 
 carry out this section shall remain available until expended. If all 
funds from a grant under this section have not been utilized by a State 
 for the purpose for which the grant was made within three years after 
such grant is made, the United States shall be entitled to recover any 
 such unused grant funds from such State. (2) In any fiscal year, the 
aggregate amount of grants awarded under this section for the purposes 
specified in subsection (a)(1)(B) may not exceed $5,000,000. (f)(1) The 
     Secretary may make grants under this subsection to any tribal 
    organization to assist the tribal organization in establishing, 
 expanding, or improving veterans cemeteries, or in operating 
  and maintaining such cemeteries, on trust land owned by, or held in 
 trust for, the tribal organization. (2) Grants under this subsection 
  shall be made in the same manner, and under the same conditions, as 
   grants to States are made under the preceding provisions of this 
      section. (3) For purposes of this subsection: (A) The term 
tribal organization has the meaning given 
       that term in section 3765(4) of this title. (B) The term 
  trust land has the meaning given that 
 term in section 3765(1) of this title. (Added Pub. L. 95476, 
  title II, Sec. 202(b)(1), Oct. 18, 1978, 92 Stat. 1504, Sec. 1008; 
 amended Pub. L. 98223, title II, Sec. 202, Mar. 2, 1984, 98 
 Stat. 41; Pub. L. 100322, title III, Sec. 343, May 20, 1988, 
 102 Stat. 540; Pub. L. 100687, div. B, title XVI, Sec. 1601, 
Nov. 18, 1988, 102 Stat. 4137; Pub. L. 101237, title III, Sec. 
  313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2408 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 406; Pub. L. 103446, title VIII, Sec. 803, Nov. 2, 1994, 
  108 Stat. 4675; Pub. L. 105116, Sec. 2, Nov. 21, 1997, 111 
    Stat. 2382; Pub. L. 105368, title IV, Sec. 403(c)(8), 
404(a)(1), (b), (c), title X, Sec. 1005(b)(5), Nov. 11, 1998, 112 Stat. 
3339, 3365; Pub. L. 108183, title V, Sec. 503, Dec. 16, 2003, 
 117 Stat. 2667; Pub. L. 109461, title IV, Sec. 403, Dec. 22, 
     2006, 120 Stat. 3430; Pub. L. 110157, title II, Sec. 
202(b)(1)(3), Dec. 26, 2007, 121 Stat. 1832.) ' 2409. Memorial 
areas in Arlington National Cemetery (a) The Secretary of the Army may 
   set aside, when available, a suitable area or areas in Arlington 
  National Cemetery, Virginia, to honor the memory of members of the 
Armed Forces and veterans (1) who are missing in action; (2) whose 
 remains have not been recovered or identified; (3) whose remains were 
buried at sea, whether by the members or veterans own 
choice or otherwise; (4) whose remains were donated to science; or (5) 
  whose remains were cremated and whose ashes were scattered without 
interment of any portion of the ashes. (b) Under regulations prescribed 
 by the Secretary of the Army, appropriate memorials or markers may be 
  erected in Arlington National Cemetery to honor the memory of those 
individuals, or group of individuals, referred to in subsection (a) of 
  this section. (Added Pub. L. 99576, title IV, Sec. 413(a), 
       Oct. 28, 1986, 100 Stat. 3284, Sec. 1009; amended Pub. L. 
 101237, title III, Sec. 313(b)(5), Dec. 18, 1989, 103 Stat. 
2077; renumbered Sec. 2409, Pub. L. 10283, Sec. 5(a), Aug. 6, 
 1991, 105 Stat. 406.) ' 2410. Burial of cremated remains in Arlington 
National Cemetery (a) The Secretary of the Army shall designate an area 
of appropriate size within Arlington National Cemetery for the unmarked 
  interment, in accordance with such regulations as the Secretary may 
prescribe, of the ashes of persons eligible for interment in Arlington 
 National Cemetery whose remains were cremated. Such area shall be an 
area not suitable for the burial of casketed remains. (b) The Secretary 
 of each military department shall make available appropriate forms on 
  which those members of the Armed Forces who so desire may indicate 
   their desire to be buried within the area to be designated under 
 subsection (a). (Added Pub. L. 101237, title V, Sec. 502(a), 
       Dec. 18, 1989, 103 Stat. 2093, Sec. 1010; amended Pub. L. 
     10254, Sec. 14(b)(22), June 13, 1991, 105 Stat. 284; 
renumbered Sec. 2410, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
       105 Stat. 406.) ' 2411. Prohibition against interment or 
 memorialization in the National Cemetery Administration or Arlington 
National Cemetery of persons committing Federal or State capital crimes 
    (a)(1) In the case of a person described in subsection (b), the 
appropriate Federal official may not (A) inter the remains of such 
  person in a cemetery in the National Cemetery Administration or in 
Arlington National Cemetery; or (B) honor the memory of such person in 
 a memorial area in a cemetery in the National Cemetery Administration 
  (described in section 2403(a) of this title) or in such an area in 
   Arlington National Cemetery (described in section 2409(a) of this 
 title). (2) In the case of a person described in subsection (b)(1) or 
  (b)(2), the prohibition under paragraph (1) shall not apply unless 
  written notice of a conviction referred to in subsection (b)(1) or 
  (b)(2), as the case may be, is received by the appropriate Federal 
official before such official approves an application for the interment 
    or memorialization of such person. Such written notice shall be 
 furnished to such official by the Attorney General, in the case of a 
Federal capital crime, or by an appropriate State official, in the case 
of a State capital crime. (b) A person referred to in subsection (a) is 
any of the following: (1) A person who has been convicted of a Federal 
capital crime and whose conviction is final (other than a person whose 
  sentence was commuted by the President). (2) A person who has been 
convicted of a State capital crime and whose conviction is final (other 
than a person whose sentence was commuted by the Governor of a State). 
 (3) A person who (A) is found (as provided in subsection (c)) to 
 have committed a Federal capital crime or a State capital crime, but 
 (B) has not been convicted of such crime by reason of such person not 
being available for trial due to death or flight to avoid prosecution. 
(c) A finding under subsection (b)(3) shall be made by the appropriate 
   Federal official. Any such finding may only be made based upon a 
 showing of clear and convincing evidence, after an opportunity for a 
hearing in a manner prescribed by the appropriate Federal official. (d) 
For purposes of this section: (1) The term Federal capital 
crime means an offense under Federal law for which a 
sentence of imprisonment for life or the death penalty may be imposed. 
 (2) The term State capital crime means, 
  under State law, the willful, deliberate, or premeditated unlawful 
killing of another human being for which a sentence of imprisonment for 
        life or the death penalty may be imposed. (3) The term 
 appropriate Federal official means 
(A) the Secretary, in the case of the National Cemetery Administration; 
 and (B) the Secretary of the Army, in the case of Arlington National 
Cemetery. (Added Pub. L. 105116, Sec. 1(a), Nov. 21, 1997, 111 
Stat. 2381; amended Pub. L. 105368, title IV, Sec. 403(d)(1), 
Nov. 11, 1998, 112 Stat. 3339; Pub. L. 107330, title II, Sec. 
  202, Dec. 6, 2002, 116 Stat. 2824; Pub. L. 109163, div. A, 
title VI, Sec. 662(a), Jan. 6, 2006, 119 Stat. 3314.) ' 2412. Lease of 
 land and buildings (a) LEASE AUTHORIZED.The Secretary may lease 
any undeveloped land and unused or underutilized buildings, or parts or 
    parcels thereof, belonging to the United States and part of the 
  National Cemetery Administration. (b) TERM.The term of a lease 
 under subsection (a) may not exceed 10 years. (c) LEASE TO PUBLIC OR 
 NONPROFIT ORGANIZATIONS.(1) A lease under subsection (a) to any 
  public or nonprofit organization may be made without regard to the 
 provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). (2) 
Notwithstanding section 1302 of title 40 or any other provision of law, 
 a lease under subsection (a) to any public or nonprofit organization 
  may provide for the maintenance, protection, or restoration of the 
 leased property by the lessee, as a part or all of the consideration 
   for the lease. (d) NOTICE.Before entering into a lease under 
 subsection (a), the Secretary shall give appropriate public notice of 
 the intention of the Secretary to enter into the lease in a newspaper 
of general circulation in the community in which the lands or buildings 
concerned are located. (e) NATIONAL CEMETERY ADMINISTRATION FACILITIES 
    OPERATION FUND.(1) There is established on the book of the 
 Treasury an account to be known as the National Cemetery 
  Administration Facilities Operation Fund (in this 
section referred to as the Fund). (2) The 
  Fund shall consist of the following: (A) Proceeds from the lease of 
  land or buildings under this section. (B) Proceeds of agricultural 
  licenses of lands of the National Cemetery Administration. (C) Any 
 other amounts appropriated to or otherwise authorized for deposit in 
 the Fund by law. (3) Amounts in the Fund shall be available to cover 
costs incurred by the National Cemetery Administration in the operation 
 and maintenance of property of the Administration. (4) Amounts in the 
      Fund shall remain available until expended. (Added Pub. L. 
108454, title VI, Sec. 602(a), Dec. 10, 2004, 118 Stat. 3623.) 
   ' 2413. Prohibition on certain demonstrations at cemeteries under 
   control of the National Cemetery Administration and at Arlington 
National Cemetery (a) PROHIBITION.No person may carry out (1) 
a demonstration on the property of a cemetery under the control of the 
   National Cemetery Administration or on the property of Arlington 
  National Cemetery unless the demonstration has been approved by the 
 cemetery superintendent or the director of the property on which the 
    cemetery is located; or (2) with respect to such a cemetery, a 
demonstration during the period beginning 60 minutes before and ending 
60 minutes after a funeral, memorial service, or ceremony is held, any 
part of which demonstration (A)(i) takes place within 150 feet of 
   a road, pathway, or other route of ingress to or egress from such 
 cemetery property; and (ii) includes, as part of such demonstration, 
any individual willfully making or assisting in the making of any noise 
or diversion that disturbs or tends to disturb the peace or good order 
  of the funeral, memorial service, or ceremony; or (B) is within 300 
  feet of such cemetery and impedes the access to or egress from such 
cemetery. (b) DEMONSTRATION.For purposes of this section, the term 
demonstration includes the following: (1) 
Any picketing or similar conduct. (2) Any oration, speech, use of sound 
amplification equipment or device, or similar conduct that is not part 
  of a funeral, memorial service, or ceremony. (3) The display of any 
placard, banner, flag, or similar device, unless such a display is part 
 of a funeral, memorial service, or ceremony. (4) The distribution of 
  any handbill, pamphlet, leaflet, or other written or printed matter 
    other than a program distributed as part of a funeral, memorial 
 service, or ceremony.. (Added Pub. L. 109228, Sec. 2(a)(1), 
  May 29, 2006, 120 Stat. 387.) CHAPTER 30 OF TITLE 38, UNITED STATES 
 CODE [As Amended Through P.L. 1127, Enacted March 31, 2011] 
        xTITLE 38VETERANS BENEFITS PART 
    IIIREADJUSTMENT AND RELATED BENEFITS Chapter Sec. 30. All-
 Volunteer Force Educational Assistance Program 3001 31. Training and 
    Rehabilitation for Veterans with Service-Connected Disabilities 
 ........................................... 3100 32. Post-Vietnam Era 
    Veterans Educational Assistance .. 3201 33. Post 9/11 
  Educational Assistance .................................. 3301 34. 
               Veterans Educational Assistance 
  .................................. 3451 35. Survivors and 
Dependents Educational Assistance ... 3500 36. Administration 
 of Educational Benefits ........................ 3670 37. Housing and 
     Small Business Loans .............................. 3701 39. 
 Automobiles and Adaptive Equipment for Certain Disabled Veterans and 
                      Members of the Armed Forces 
........................................................................
   ... 3901 41. Job Counseling, Training, and Placement Service for 
                               Veterans 
....................................................................... 
4100 42. Employment and Training of Veterans ......................... 
4211 43. Employment and Reemployment Rights of Members of the Uniformed 
 Services .......................................... 4301 391 CHAPTER 
 30ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER 
  IPURPOSES; DEFINITIONS Sec. 3001. Purposes. 3002. Definitions. 
SUBCHAPTER IIBASIC EDUCATIONAL ASSISTANCE 3011. Basic educational 
    assistance entitlement for service on active duty. 3012. Basic 
educational assistance entitlement for service in the Selected Reserve. 
3013. Duration of basic educational assistance. 3014. Payment of basic 
educational assistance. 3014A. Accelerated payment of basic educational 
   assistance for education leading to employment in high technology 
     occupation in high technology industry. 3015. Amount of basic 
  educational assistance. 3016. Inservice enrollment in a program of 
 education. 3017. Death benefit. 3018. Opportunity for certain active-
 duty personnel to withdraw election not to enroll. 3018A. Opportunity 
for certain active-duty personnel to enroll before being involuntarily 
   separated from service. 3018B. Opportunity for certain persons to 
  enroll. 3018C. Opportunity for certain VEAP participants to enroll. 
3019. Tutorial assistance. 3020. Authority to transfer unused education 
   benefits to family members for career service members. SUBCHAPTER 
    IIISUPPLEMENTAL EDUCATIONAL ASSISTANCE 3021. Supplemental 
    educational assistance for additional service. 3022. Amount of 
  supplemental educational assistance. 3023. Payment of supplemental 
 educational assistance under this subchapter. SUBCHAPTER IVTIME 
    LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND 
ADMINISTRATIVE PROVISIONS 3031. Time limitation for use of eligibility 
   and entitlement. 3032. Limitations on educational assistance for 
certain individuals. 3033. Bar to duplication of educational assistance 
      benefits. 3034. Program administration. 3035. Allocation of 
   administration and of program costs. 3036. Reporting requirement. 
SUBCHAPTER IPURPOSES; DEFINITIONS ' 3001. Purposes The purposes of 
   this chapter are (1) to provide a new educational assistance 
program to assist in the readjustment of members of the Armed Forces to 
  civilian life after their separation from military service; (2) to 
 extend the benefits of a higher education to qualifying men and women 
who might not otherwise be able to afford such an education; 393 (3) to 
  provide for vocational readjustment and to restore lost educational 
opportunities to those service men and women who served on active duty 
after June 30, 1985; (4) to promote and assist the All-Volunteer Force 
program and the Total Force Concept of the Armed Forces by establishing 
 a new program of educational assistance based upon service on active 
  duty or a combination of service on active duty and in the Selected 
 Reserve (including the National Guard) to aid in the recruitment and 
retention of highly qualified personnel for both the active and reserve 
    components of the Armed Forces; (5) to give special emphasis to 
 providing educational assistance benefits to aid in the retention of 
personnel in the Armed Forces; and (6) to enhance our Nations 
 competitiveness through the development of a more highly educated and 
 productive work force. (Added Pub. L. 98525, title VII, Sec. 
  702(a)(1), Oct. 19, 1984, 98 Stat. 2553, Sec. 1401; amended Pub. L. 
 10048, Sec. 5, June 1, 1987, 101 Stat. 331; renumbered Sec. 
3001, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
' 3002. Definitions For the purposes of this chapter (1) The term 
   basic educational assistance means 
 educational assistance provided under subchapter II of this chapter. 
           (2) The term supplemental educational 
  assistance means educational assistance provided 
under subchapter III of this chapter. (3) The term program 
of education (A) has the meaning given such term 
 in section 3452(b) of this title; (B) includes (i) a preparatory 
    course for a test that is required or used for admission to an 
 institution of higher education; and (ii) a preparatory course for a 
 test that is required or used for admission to a graduate school; and 
  (C) in the case of an individual who is not serving on active duty, 
 includes (i) a full-time program of apprenticeship or of other on-job 
training approved as provided in clause (1) or (2), as appropriate, of 
   section 3687(a) of this title, and (ii) a cooperative program (as 
      defined in section 3482(a)(2) of this title). (4) The term 
   Selected Reserve means the Selected 
     Reserve of the Ready Reserve of any of the reserve components 
  (including the Army National Guard of the United States and the Air 
 National Guard of the United States) of the Armed Forces, as required 
   to be maintained under section 10143(a) of title 10. (5) The term 
Secretary of Defense means the Secretary 
  of Defense, except that it means the Secretary of Homeland Security 
 with respect to the Coast Guard when it is not operating as a service 
  in the Navy. (6) The term active duty 
does not include any period during which an individual (A) was assigned 
full time by the Armed Forces to a civilian institution for a course of 
   education which was substantially the same as established courses 
offered to civilians, (B) served as a cadet or midshipman at one of the 
   service academies, or (C) served under the provisions of section 
  12103(d) of title 10 pursuant to an enlistment in the Army National 
  Guard or the Air National Guard, or as a Reserve for service in the 
Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or 
         Coast Guard Reserve. (7) The term active 
  duty includes full-time National Guard duty first 
 performed after June 30, 1985, by a member of the Army National Guard 
of the United States or the Air National Guard of the United States in 
  the members status as a member of the National Guard of a 
    State for the purpose of organizing, administering, recruiting, 
       instructing, or training the National Guard. (8) The term 
 educational institution has the meaning 
   given such term in section 3452(c) of this title. (Added Pub. L. 
  98525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 
   2554, Sec. 1402; amended Pub. L. 99576, title III, Sec. 
 301(a), Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100689, title 
I, Sec. 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 4169, 4170; Pub. 
L. 101237, title IV, Sec. 423(b)(3), Dec. 18, 1989, 103 Stat. 
 2092; Pub. L. 101510, div. A, title V, Sec. 563(a), Nov. 5, 
    1990, 104 Stat. 1575; renumbered Sec. 3002 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
103337, div. A, title XVI, Sec. 1677(d)(2), Oct. 5, 1994, 108 
  Stat. 3020; Pub. L. 103446, title VI, Sec. 603(b), Nov. 2, 
 1994, 108 Stat. 4671; Pub. L. 104275, title I, Sec. 107(a), 
Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106117, title VII, Sec. 
  701, Nov. 30, 1999, 113 Stat. 1582; Pub. L. 107296, title 
      XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 
  109163, div. A, title V, Sec. 515(e)(2), Jan. 6, 2006, 119 
  Stat. 3236.) SUBCHAPTER IIBASIC EDUCATIONAL ASSISTANCE ' 3011. 
Basic educational assistance entitlement for service on active duty (a) 
      Except as provided in subsection (c) of this section, each 
 individual (1) who (A) after June 30, 1985, first becomes a 
 member of the Armed Forces or first enters on active duty as a member 
 of the Armed Forces and (i) who (I) in the case of an individual 
whose obligated period of active duty is three years or more, serves at 
  least three years of continuous active duty in the Armed Forces, or 
(II) in the case of an individual whose obligated period of active duty 
   is less than three years, serves at least two years of continuous 
active duty in the Armed Forces; or (ii) who serves in the Armed Forces 
   and is discharged or released from active duty (I) for a service-
 connected disability, by reason of a sole survivorship discharge (as 
  that term is defined in section 1174(i) of title 10), for a medical 
 condition which preexisted such service on active duty and which the 
 Secretary determines is not service connected, for hardship, or for a 
physical or mental condition that was not characterized as a disability 
and did not result from the individuals own willful misconduct 
but did interfere with the individuals performance of duty, as 
 determined by the Secretary of each military department in accordance 
   with regulations prescribed by the Secretary of Defense or by the 
Secretary of Homeland Security with respect to the Coast Guard when it 
is not operating as a service in the Navy; (II) for the convenience of 
  the Government, if, in the case of an individual with an obligated 
period of service of two years, the individual completes not less than 
  20 months of continuous active duty under that period of obligated 
 service, or, in the case of an individual with an obligated period of 
service of at least three years, the individual completes not less than 
  30 months of continuous active duty under that period of obligated 
service, or in the case of an individual who completed not less than 30 
  months of continuous active duty if the initial obligated period of 
   active duty of the individual was at least three years; or (III) 
 involuntarily for the convenience of the Government as a result of a 
  reduction in force, as determined by the Secretary of the military 
 department concerned in accordance with regulations prescribed by the 
  Secretary of Defense or by the Secretary of Homeland Security with 
respect to the Coast Guard when it is not operating as a service in the 
    Navy; (B) as of December 31, 1989, is eligible for educational 
 assistance benefits under chapter 34 of this title and was on active 
 duty at any time during the period beginning on October 19, 1984, and 
  ending on July 1, 1985, continued on active duty without a break in 
 service and (i) after June 30, 1985, serves at least three years 
 of continuous active duty in the Armed Forces; or (ii) after June 30, 
  1985, is discharged or released from active duty (I) for a service-
 connected disability, by reason of a sole survivorship discharge (as 
  that term is defined in section 1174(i) of title 10), for a medical 
 condition which preexisted such service on active duty and which the 
 Secretary determines is not service connected, for hardship, or for a 
     physical or mental condition that was not characterized as a 
disability, as described in subparagraph (A)(ii)(I) of this paragraph; 
(II) for the convenience of the Government, if the individual completed 
 not less than 30 months of continuous active duty after that date; or 
 (III) involuntarily for the convenience of the Government as a result 
of a reduction in force, as determined by the Secretary of the military 
 department concerned in accordance with regulations prescribed by the 
  Secretary of Defense or by the Secretary of Homeland Security with 
respect to the Coast Guard when it is not operating as a service in the 
  Navy; or (C) as of December 31, 1989, was eligible for educational 
assistance benefits under chapter 34 of this title and (i) was not 
  on active duty on October 19, 1984; (ii) reenlists or reenters on a 
  period of active duty after October 19, 1984; and (iii) on or after 
July 1, 1985, either (I) serves at least three years of continuous 
active duty in the Armed Forces; or (II) is discharged or released from 
  active duty (aa) for a service-connected disability, by reason of a 
sole survivorship discharge (as that term is defined in section 1174(i) 
of title 10), for a medical condition which preexisted such service on 
     active duty and which the Secretary determines is not service 
connected, for hardship, or for a physical or mental condition that was 
    not characterized as a disability, as described in subparagraph 
     (A)(ii)(I) of this paragraph, (bb) for the convenience of the 
  Government, if the individual completed not less than 30 months of 
 continuous active duty after that date, or (cc) involuntarily for the 
 convenience of the Government as a result of a reduction in force, as 
  determined by the Secretary of the military department concerned in 
 accordance with regulations prescribed by the Secretary of Defense or 
 by the Secretary of Homeland Security with respect to the Coast Guard 
 when it is not operating as a service in the Navy; (2) who completes 
    the requirements of a secondary school diploma (or equivalency 
certificate), or successfully completes (or otherwise receives academic 
    credit for) the equivalent of 12 semester hours in a program of 
  education leading to a standard college degree, before applying for 
   benefits under this section; and (3) who, after completion of the 
 service described in clause (1) of this subsection (A) continues 
 on active duty; (B) is discharged from active duty with an honorable 
 discharge; (C) is released after service on active duty characterized 
 by the Secretary concerned as honorable service and is placed on the 
retired list, is transferred to the Fleet Reserve or Fleet Marine Corps 
Reserve, or is placed on the temporary disability retired list; or (D) 
is released from active duty for further service in a reserve component 
 of the Armed Forces after service on active duty characterized by the 
    Secretary concerned as honorable service; is entitled to basic 
educational assistance under this chapter. (b)(1) Except as provided in 
paragraph (2), the basic pay of any individual described in subsection 
     (a)(1)(A) of this section who does not make an election under 
subsection (c)(1) of this section shall be reduced by $100 for each of 
 the first 12 months that such individual is entitled to such pay. (2) 
 In the case of an individual covered by paragraph (1) who is a member 
 of the Selected Reserve, the Secretary of Defense shall collect from 
the individual an amount equal to $1,200 not later than one year after 
completion by the individual of the two years of service on active duty 
providing the basis for such entitlement. The Secretary of Defense may 
collect such amount through reductions in basic pay in accordance with 
paragraph (1) or through such other method as the Secretary of Defense 
  considers appropriate. (3) Any amount by which the basic pay of an 
    individual is reduced under this subsection shall revert to the 
Treasury and shall not, for purposes of any Federal law, be considered 
     to have been received by or to be within the control of such 
 individual. (c)(1) An individual described in subsection (a)(1)(A) of 
this section may make an election not to receive educational assistance 
  under this chapter. Any such election shall be made at the time the 
  individual initially enters on active duty as a member of the Armed 
 Forces. Any individual who makes such an election is not entitled to 
educational assistance under this chapter. (2) An individual who after 
  December 31, 1976, receives a commission as an officer in the Armed 
  Forces upon graduation from the United States Military Academy, the 
 United States Naval Academy, the United States Air Force Academy, or 
  the Coast Guard Academy is not eligible for educational assistance 
  under this section. (3) An individual who after December 31, 1976, 
receives a commission as an officer in the Armed Forces upon completion 
 of a program of educational assistance under section 2107 of title 10 
 is not eligible for educational assistance under this section if the 
 individual enters on active duty (A) before October 1, 1996; or 
 (B) after September 30, 1996, and while participating in such program 
 received more than $3,400 for each year of such participation. (d)(1) 
   For purposes of this chapter, any period of service described in 
  paragraphs (2) and (3) of this subsection shall not be considered a 
        part of an obligated period of active duty on which an 
 individuals entitlement to assistance under this section is 
 based. (2) The period of service referred to in paragraph (1) is any 
period terminated because of a defective enlistment and induction based 
  on (A) the individuals being a minor for purposes of 
service in the Armed Forces; (B) an erroneous enlistment or induction; 
  or (C) a defective enlistment agreement. (3) The period of service 
 referred to in paragraph (1) is also any period of service on active 
duty which an individual in the Selected Reserve was ordered to perform 
 under section 12301, 12302, 12304, 12306, or 12307 of title 10 for a 
    period of less than 2 years. (e)(1) Any individual eligible for 
educational assistance under this section who does not make an election 
    under subsection (c)(1) may contribute amounts for purposes of 
   receiving an increased amount of basic educational assistance as 
 provided for under section 3015(g) of this title. Such contributions 
    shall be in addition to any reductions in the basic pay of such 
individual under subsection (b). (2) An individual covered by paragraph 
(1) may make the contributions authorized by that paragraph at any time 
  while on active duty, but not more frequently than monthly. (3) The 
total amount of the contributions made by an individual under paragraph 
(1) may not exceed $600. Such contributions shall be made in multiples 
 of $20. (4) Contributions under this subsection shall be made to the 
 Secretary of the military department concerned. That Secretary shall 
  deposit any amounts received as contributions under this subsection 
into the Treasury as miscellaneous receipts. (f)(1) For the purposes of 
  this chapter, a member referred to in paragraph (2) or (3) of this 
 subsection who serves the periods of active duty referred to in that 
paragraph shall be deemed to have served a continuous period of active 
  duty the length of which is the aggregate length of the periods of 
active duty referred to in that paragraph. (2) This subsection applies 
 to a member who (A) after a period of continuous active duty of 
  not more than 12 months, is discharged or released from active duty 
   under subclause (I) or (III) of subsection (a)(1)(A)(ii) of this 
   section; and (B) after such discharge or release, reenlists or re-
  enters on a period of active duty. (3) This subsection applies to a 
  member who after a period of continuous active duty as an enlisted 
   member or warrant officer, and following successful completion of 
 officer training school, is discharged in order to accept, without a 
break in service, a commission as an officer in the Armed Forces for a 
 period of active duty. (g) Notwithstanding section 3002(6)(A) of this 
title, a period during which an individual is assigned full time by the 
  Armed Forces to a civilian institution for a course of education as 
described in such section 3002(6)(A) shall not be considered a break in 
    service or a break in a continuous period of active duty of the 
  individual for the purposes of this chapter. (h)(1) Notwithstanding 
section 3002(6)(B) of this title, a member referred to in paragraph (2) 
of this subsection who serves the periods of active duty referred to in 
  subparagraphs (A) and (C) of that paragraph shall be deemed to have 
served a continuous period of active duty whose length is the aggregate 
length of the periods of active duty referred to in such subparagraphs. 
    (2) This subsection applies to a member who (A) during the 
  obligated period of active duty on which entitlement to assistance 
     under this section is based, commences pursuit of a course of 
 education (i) at a service academy; or (ii) at a post-secondary 
   school for the purpose of preparation for enrollment at a service 
  academy; (B) fails to complete the course of education; and (C) re-
 enters on a period of active duty. (i) The Secretary concerned shall 
   inform any member of the Armed Forces who has not completed that 
   members obligated period of active duty (as described in 
subsection (a)(1)(A)) and who indicates the intent to be discharged or 
 released from such duty for the convenience of the Government of the 
    minimum active duty requirements for entitlement to educational 
   assistance benefits under this chapter. Such information shall be 
       provided to the member in a timely manner. (Added Pub. L. 
  98525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 
2554, Sec. 1411; amended Pub. L. 99145, title VI, Sec. 674(1), 
  Nov. 8, 1985, 99 Stat. 665; Pub. L. 99576, title III, Sec. 
 303(a)(1), 307(a)(1), 321(1), title VII, Sec. 702(8), Oct. 28, 1986, 
 100 Stat. 3268, 3269, 3277, 3302; Pub. L. 10048, Sec. 3(a), 
  June 1, 1987, 101 Stat. 331; Pub. L. 100689, title I, Sec. 
102(a), 103(b)(1), 104(a), 111(a)(2)(A), (3), Nov. 18, 1988, 102 Stat. 
 4162, 4165, 4166, 4170, 4171; Pub. L. 101237, title IV, Sec. 
    409, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2092; Pub. L. 
  101510, div. A, title V, Sec. 562(a)(1), (2), (b), Nov. 5, 
1990, 104 Stat. 1573, 1574; Pub. L. 10216, Sec. 10(a)(1), Mar. 
 22, 1991, 105 Stat. 55; renumbered Sec. 3011, Pub. L. 10283, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, title 
III, Sec. 302(a)(1), 303(a)(1), 304(a), 305(a), 306(a), Oct. 29, 1992, 
106 Stat. 43264328; Pub. L. 103 446, title XII, Sec. 
   1201(e)(10), (f)(2), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 
 104106, div. A, title XV, Sec. 1501(e)(2)(A), Feb. 10, 1996, 
 110 Stat. 501; Pub. L. 104201, div. A, title V, Sec. 556(a), 
  Sept. 23, 1996, 110 Stat. 2528; Pub. L. 105 368, title II, 
  Secs. 203(a), 207(a), Nov. 11, 1998, 112 Stat. 3326, 3328; Pub. L. 
  106 117, title VII, Secs. 702(a), 704, Nov. 30, 1999, 113 
 Stat. 1583, 1584; Pub. L. 106 419, title I, Secs. 102(a)(1), 
 103(a), 105(a)(1), Nov. 1, 2000, 114 Stat. 1824, 1825, 1828; Pub. L. 
 10714, Sec. 7(a)(1), (c)(1), June 5, 2001, 115 Stat. 31, 32; 
Pub. L. 107103, title I, Secs. 105(a), 106(a), Dec. 27, 2001, 
115 Stat. 982, 983; Pub. L. 107 296, title XVII, Sec. 1704(d), 
Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107330, title III, Sec. 
308(a), Dec. 6, 2002, 116 Stat. 2827; Pub. L. 108454, title I, 
 Sec. 109(a), Dec. 10, 2004, 118 Stat. 3604; Pub. L. 109444, 
 Sec. 8(b)(2), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109461, 
  title X, Secs. 1004(b)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 
 3468; Pub. L. 110317, Sec. 6(c)(1), Aug. 29, 2008, 122 Stat. 
3529.) ' 3012. Basic educational assistance entitlement for service in 
 the Selected Reserve (a) Except as provided in subsection (d) of this 
  section, each individual (1) who (A) after June 30, 1985, 
 first becomes a member of the Armed Forces or first enters on active 
 duty as a member of the Armed Forces and (i) serves an obligated 
 period of active duty of at least two years of continuous active duty 
    in the Armed Forces, subject to subsection (b) of this section, 
characterized by the Secretary concerned as honorable service; and (ii) 
subject to subsection (b) of this section and beginning within one year 
 after completion of the service on active duty described in subclause 
 (i) of this clause, serves at least four years of continuous duty in 
     the Selected Reserve during which the individual participates 
satisfactorily in training as required by the Secretary concerned; (B) 
 as of December 31, 1989, is eligible for educational assistance under 
chapter 34 of this title and was on active duty at any time during the 
   period beginning on October 19, 1984, and ending on July 1, 1985, 
continued on active duty without a break in service and (i) after 
 June 30, 1985, serves at least two years of continuous active duty in 
     the Armed Forces, subject to subsection (b) of this section, 
characterized by the Secretary concerned as honorable service; and (ii) 
  after June 30, 1985, subject to subsection (b) of this section and 
    beginning within one year after completion of such two years of 
service, serves at least four continuous years in the Selected Reserve 
during which the individual participates satisfactorily in training as 
prescribed by the Secretary concerned; or (C) as of December 31, 1989, 
was eligible for educational assistance under chapter 34 of this title 
and (i) was not on active duty on October 19, 1984; (ii) reenlists 
  or reenters on a period of active duty after October 19, 1984; and 
 (iii) on or after July 1, 1985 (I) serves at least two years of 
 continuous active duty in the Armed Forces, subject to subsection (b) 
of this section, characterized by the Secretary concerned as honorable 
    service; and (II) subject to subsection (b) of this section and 
    beginning within one year after completion of such two years of 
service, serves at least four continuous years in the Selected Reserve 
during which the individual participates satisfactorily in training as 
     prescribed by the Secretary concerned; (2) who completes the 
      requirements of a secondary school diploma (or equivalency 
certificate), or successfully completes (or otherwise receives academic 
    credit for) the equivalent of 12 semester hours in a program of 
  education leading to a standard college degree, before applying for 
   benefits under this section; and (3) who, after completion of the 
    service described in clause (1) of this subsection (A) is 
 discharged from service with an honorable discharge, is placed on the 
retired list, or is transferred to the Standby Reserve or an element of 
the Ready Reserve other than the Selected Reserve after service in the 
Selected Reserve characterized by the Secretary concerned as honorable 
service; or (B) continues on active duty or in the Selected Reserve; is 
entitled to basic educational assistance under this chapter. (b)(1)(A) 
  The requirement of two years of service under clauses (1)(A)(i) and 
  (1)(B)(i) of subsection (a) of this section is not applicable to an 
 individual who is discharged or released, during such two years, from 
active duty in the Armed Forces (i) for a service-connected disability, 
 (ii) for a medical condition which preexisted such service on active 
duty and which the Secretary determines is not service connected, (iii) 
for hardship, (iv) in the case of an individual discharged or released 
after 20 months of such service, for the convenience of the Government, 
(v) involuntarily for the convenience of the Government as a result of 
 a reduction in force, as determined by the Secretary of the military 
 department concerned in accordance with regulations prescribed by the 
  Secretary of Defense or by the Secretary of Homeland Security with 
respect to the Coast Guard when it is not operating as a service in the 
      Navy, (vi) for a physical or mental condition that was not 
        characterized as a disability, as described in section 
   3011(a)(1)(A)(ii)(I) of this title, or (vii) by reason of a sole 
 survivorship discharge (as that term is defined in section 1174(i) of 
 title 10). (B) The requirement of four years of service under clauses 
  (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not 
   applicable to an individual (i) who, during the two years of 
service described in clauses (1)(A)(i) and (1)(B)(i) of subsection (a) 
  of this section, was discharged or released from active duty in the 
 Armed Forces for a service-connected disability, by reason of a sole 
 survivorship discharge (as that term is defined in section 1174(i) of 
  title 10), for a medical condition which preexisted such service on 
     active duty and which the Secretary determines is not service 
connected, or for a physical or mental condition not characterized as a 
disability, as described in section 3011(a)(1)(A)(ii)(I) of this title, 
if the individual was obligated, at the beginning of such two years of 
service, to serve such four years of service; (ii) who, during the four 
  years of service described in clauses (1)(A)(ii) and (1)(B)(ii) of 
subsection (a) of this section, is discharged or released from service 
 in the Selected Reserve (I) for a service-connected disability, (II) 
   for a medical condition which preexisted the individuals 
   becoming a member of the Selected Reserve and which the Secretary 
 determines is not service connected, (III) for hardship, (IV) in the 
 case of an individual discharged or released after 30 months of such 
 service, for the convenience of the Government, (V) involuntarily for 
the convenience of the Government as a result of a reduction in force, 
as determined by the Secretary of the military department concerned in 
 accordance with regulations prescribed by the Secretary of Defense or 
 by the Secretary of Homeland Security with respect to the Coast Guard 
when it is not operating as a service in the Navy, (VI) for a physical 
or mental condition not characterized as a disability, as described in 
  section 3011(a)(1)(A)(ii)(I) of this title, or (VII) by reason of a 
sole survivorship discharge (as that term is defined in section 1174(i) 
of title 10); or (iii) who, before completing the four years of service 
  described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of 
this section, ceases to be a member of the Selected Reserve during the 
period beginning on October 1, 1991, and ending on September 30, 1999, 
     by reason of the inactivation of the persons unit of 
assignment or by reason of involuntarily ceasing to be designated as a 
 member of the Selected Reserve pursuant to section 10143(a) of title 
  10. (2) After an individual begins service in the Selected Reserve 
  within one year after completion of the service described in clause 
 (A)(i) or (B)(i) of subsection (a)(1) of this section, the continuity 
of service of such individual as a member of the Selected Reserve shall 
 not be considered to be broken (A) by any period of time (not to 
   exceed a maximum period prescribed by the Secretary concerned by 
regulation) during which the member is not able to locate a unit of the 
Selected Reserve of the members Armed Force that the member is 
 eligible to join or that has a vacancy; or (B) by any other period of 
   time (not to exceed a maximum period prescribed by the Secretary 
 concerned by regulation) during which the member is not attached to a 
unit of the Selected Reserve that the Secretary concerned, pursuant to 
    regulations, considers to be inappropriate to consider for such 
 purpose. (c)(1) Except as provided in paragraph (2), the basic pay of 
 any individual described in subsection (a)(1)(A) of this section who 
does not make an election under subsection (d)(1) of this section shall 
be reduced by $100 for each of the first 12 months that such individual 
 is entitled to such pay. (2) In the case of an individual covered by 
paragraph (1) who is a member of the Selected Reserve, the Secretary of 
Defense shall collect from the individual an amount equal to $1,200 not 
later than one year after completion by the individual of the two years 
of service on active duty providing the basis for such entitlement. The 
  Secretary of Defense may collect such amount through reductions in 
basic pay in accordance with paragraph (1) or through such other method 
 as the Secretary of Defense considers appropriate. (3) Any amount by 
 which the basic pay of an individual is reduced under this subsection 
shall revert to the Treasury and shall not, for purposes of any Federal 
law, be considered to have been received by or to be within the control 
   of such individual. (d)(1) An individual described in subsection 
     (a)(1)(A) of this section may make an election not to receive 
 educational assistance under this chapter. Any such election shall be 
 made at the time the individual initially enters on active duty as a 
 member of the Armed Forces. Any individual who makes such an election 
 is not entitled to educational assistance under this chapter. (2) An 
  individual who after December 31, 1976, receives a commission as an 
  officer in the Armed Forces upon graduation from the United States 
 Military Academy, the United States Naval Academy, the United States 
   Air Force Academy, or the Coast Guard Academy is not eligible for 
educational assistance under this section. (3) An individual who after 
  December 31, 1976, receives a commission as an officer in the Armed 
  Forces upon completion of a program of educational assistance under 
  section 2107 of title 10 is not eligible for educational assistance 
  under this section if the individual enters on active duty (A) 
  before October 1, 1996; or (B) after September 30, 1996, and while 
 participating in such program received more than $3,400 for each year 
of such participation. (e)(1) An individual described in subclause (I) 
    or (III) of subsection (b)(1)(B)(ii) of this section may elect 
entitlement to basic educational assistance under section 3011 of this 
  title, based on an obligated period of active duty of two years, in 
lieu of entitlement to assistance under this section. (2) An individual 
 who makes the election described in paragraph (1) of this subsection 
  shall, for all purposes of this chapter, be considered entitled to 
 educational assistance under section 3011 of this title and not under 
 this section. Such an election is irrevocable. (f)(1) Any individual 
  eligible for educational assistance under this section who does not 
  make an election under subsection (d)(1) may contribute amounts for 
    purposes of receiving an increased amount of basic educational 
 assistance as provided for under section 3015(g) of this title. Such 
 contributions shall be in addition to any reductions in the basic pay 
 of such individual under subsection (c). (2) An individual covered by 
 paragraph (1) may make the contributions authorized by that paragraph 
at any time while on active duty, but not more frequently than monthly. 
 (3) The total amount of the contributions made by an individual under 
paragraph (1) may not exceed $600. Such contributions shall be made in 
multiples of $20. (4) Contributions under this subsection shall be made 
 to the Secretary of the military department concerned. That Secretary 
    shall deposit any amounts received as contributions under this 
  subsection into the Treasury as miscellaneous receipts. (g)(1) The 
Secretary concerned shall inform any member of the Armed Forces who has 
 not completed that members initial service (as described in 
    paragraph (2)) and who indicates the intent to be discharged or 
released from such service for the convenience of the Government of the 
minimum service requirements for entitlement to educational assistance 
benefits under this chapter. Such information shall be provided to the 
   member in a timely manner. (2) The initial service referred to in 
paragraph (1) is the initial obligated period of active duty (described 
in subparagraph (A)(i) or (B)(i) of subsection (a)(1)) or the period of 
 service in the Selected Reserve (described in subparagraph (A)(ii) or 
  (B)(ii) of subsection (a)(1)). (Added Pub. L. 98525, title 
 VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2555, Sec. 1412; amended 
 Pub. L. 99145, title VI, Sec. 674(2), Nov. 8, 1985, 99 Stat. 
  665; Pub. L. 99576, title III, Sec. 303(a)(2), 307(a)(2), 
 321(2), Oct. 28, 1986, 100 Stat. 3269, 3277; Pub. L. 10048, 
Sec. 3(b), June 1, 1987, 101 Stat. 331; Pub. L. 100689, title 
I, Sec. 102(b)(1), 103(b)(1), 104(b), 105, 111(a)(2)(B), Nov. 18, 1988, 
 102 Stat. 4162, 4165, 4166, 4171; Pub. L. 101237, title IV, 
 Sec. 409, 423(a)(1), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2090, 
2092; Pub. L. 101510, div. A, title V, Sec. 562(a)(3), Nov. 5, 
    1990, 104 Stat. 1574; renumbered Sec. 3012 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 102484, div. D, title XLIV, Sec. 4419(b), Oct. 23, 1992, 106 
    Stat. 2718; Pub. L. 102568, title III, Sec. 302(a)(2), 
        303(a)(2), Oct. 29, 1992, 106 Stat. 4326, 4327; Pub. L. 
103160, div. A, title V, Sec. 561(m), Nov. 30, 1993, 107 Stat. 
  1668; Pub. L. 103446, title XII, Sec. 1201(f)(2), Nov. 2, 
 1994, 108 Stat. 4687; Pub. L. 104106, div. A, title XV, Sec. 
 1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 104201, 
 div. A, title V, Sec. 556(b), Sept. 23, 1996, 110 Stat. 2528; Pub. L. 
  105368, title II, Secs. 203(a), 207(b), Nov. 11, 1998, 112 
 Stat. 3326, 3328; Pub. L. 106117, title VII, Sec. 704, Nov. 
   30, 1999, 113 Stat. 1584; Pub. L. 106419, title I, Secs. 
102(b), 103(b), 105(a)(2), title IV, Sec. 404(a)(6), Nov. 1, 2000, 114 
  Stat. 1824, 1826, 1829, 1865; Pub. L. 10714, Sec. 7(c)(2), 
  June 5, 2001, 115 Stat. 32; Pub. L. 107103, title I, Secs. 
      105(b), 106(a), Dec. 27, 2001, 115 Stat. 982, 983; Pub. L. 
  107296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 
2315; Pub. L. 108454, title I, Sec. 109(b), Dec. 10, 2004, 118 
  Stat. 3604; Pub. L. 109233, title V, Sec. 503(3), June 15, 
 2006, 120 Stat. 416; Pub. L. 110317, Sec. 6(c)(2), Aug. 29, 
2008, 122 Stat. 3529.) ' 3013. Duration of basic educational assistance 
(a)(1) Subject to section 3695 of this title and except as provided in 
  paragraph (2) of this subsection, each individual entitled to basic 
educational assistance under section 3011 of this title is entitled to 
36 months of educational assistance benefits under this chapter (or the 
equivalent thereof in part-time educational assistance). (2) Subject to 
 section 3695 of this title and subsection (d) of this section, in the 
  case of an individual described in section 3011(a)(1)(A)(ii)(I) or 
       (III) of this title who is not also described in section 
 3011(a)(1)(A)(i) of this title or an individual described in section 
 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also described 
 in section 3011(a)(1)(B)(i) of this title, the individual is entitled 
to one month of educational assistance benefits under this chapter for 
 each month of continuous active duty served by such individual after 
June 30, 1985, as part of the obligated period of active duty on which 
  such entitlement is based in the case of an individual described in 
section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case of 
  an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of 
 this title, after June 30, 1985. (b) Subject to section 3695 of this 
 title and subsection (d) of this section, each individual entitled to 
   basic educational assistance under section 3012 of this title is 
entitled to (1) one month of educational assistance benefits under this 
    chapter for each month of continuous active duty served by such 
  individual after June 30, 1985, as part of the obligated period of 
   active duty on which such entitlement is based in the case of an 
individual described in section 3012(a)(1)(A) of this title, or in the 
case of an individual described in section 3012(a)(1)(B) of this title, 
   after June 30, 1985, and (2) one month of educational assistance 
    benefits under this chapter for each four months served by such 
individual in the Selected Reserve after the applicable date specified 
  in clause (1) of this subsection (other than any month in which the 
 individual served on active duty). (c)(1) Subject to section 3695 of 
  this title and except as provided in paragraphs (2) and (3) of this 
 subsection, each individual entitled to basic educational assistance 
     under section 3018 of this title is entitled to 36 months of 
educational assistance under this chapter (or the equivalent thereof in 
part-time educational assistance). (2) Subject to section 3695 of this 
    title, an individual described in clause (B) or (C) of section 
 3018(b)(3) of this title whose discharge or release from active duty 
prevents the reduction of the basic pay of such individual by $1,200 is 
entitled to the number of months of assistance under this chapter that 
  is equal to the lesser of (A) 36 multiplied by a fraction the 
    numerator of which is the amount by which the basic pay of the 
 individual has been reduced under section 3018(c) and the denominator 
  of which is $1,200; or (B) the number of months the individual has 
 served on continuous active duty after June 30, 1985. (3) Subject to 
   section 3695 of this title and subsection (d) of this section, an 
individual described in clause (B) or (C)(ii) of section 3018(b)(3) of 
this title (other than an individual described in paragraph (2) of this 
    subsection) is entitled to the number of months of educational 
assistance under this chapter that is equal to the number of months the 
 individual has served on continuous active duty after June 30, 1985. 
(d) Subject to section 3695 of this title, each individual entitled to 
educational benefits under section 3018A, 3018B, or 3018C of this title 
    is entitled to the lesser of (1) 36 months of educational 
 assistance under this chapter (or the equivalent thereof in part-time 
     educational assistance); or (2) the number of months of such 
 educational assistance (or such equivalent thereof) that is equal to 
 the number of months served by such individual on active duty. (e) No 
individual may receive basic educational assistance benefits under this 
chapter for a period in excess of 36 months (or the equivalent thereof 
in part-time educational assistance). (f)(1) Notwithstanding any other 
 provision of this chapter or chapter 36 of this title, any payment of 
 an educational assistance allowance described in paragraph (2) shall 
not (A) be charged against any entitlement of any individual under 
 this chapter; or (B) be counted toward the aggregate period for which 
 section 3695 of this title limits an individuals receipt of 
     assistance. (2) Subject to paragraph (3), the payment of the 
 educational assistance allowance referred to in paragraph (1) is the 
 payment of such an allowance to an individual for pursuit of a course 
     or courses under this chapter if the Secretary finds that the 
individual (A) in the case of a person not serving on active duty, 
had to discontinue such course pursuit as a result of being ordered to 
 serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 
12302, or 12304 of title 10; or (B) in the case of a person serving on 
  active duty, had to discontinue such course pursuit as a result of 
  being ordered to a new duty location or assignment or to perform an 
  increased amount of work; and (C) failed to receive credit or lost 
 training time toward completion of the individuals approved 
education, professional, or vocational objective as a result of having 
  to discontinue, as described in subparagraph (A) or (B), his or her 
course pursuit. (3) The period for which, by reason of this subsection, 
an educational assistance allowance is not charged against entitlement 
or counted toward the applicable aggregate period under section 3695 of 
this title shall not exceed the portion of the period of enrollment in 
the course or courses for which the individual failed to receive credit 
    or with respect to which the individual lost training time, as 
 determined under paragraph (2)(C) of this subsection. (Added Pub. L. 
  98525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 
   2557, Sec. 1413; amended Pub. L. 99576, title III, Sec. 
 321(3), Oct. 28, 1986, 100 Stat. 3277; Pub. L. 100689, title 
I, Sec. 102(b)(2), 103(b)(2), 111(a)(4), Nov. 18, 1988, 102 Stat. 4163, 
4165, 4171; Pub. L. 101237, title IV, Sec. 423(a)(2), Dec. 18, 
 1989, 103 Stat. 2091; Pub. L. 101510, div. A, title V, Sec. 
   561(b)(1), Nov. 5, 1990, 104 Stat. 1573; renumbered Sec. 3013 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 406; Pub. L. 102127, Sec. 2(a), Oct. 10, 1991, 105 Stat. 
  619; Pub. L. 102 484, div. D, title XLIV, Sec. 4404(b)(2), 
Oct. 23, 1992, 106 Stat. 2706; Pub. L. 104 275, title I, Sec. 
106(b)(2), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106419, title 
I, Sec. 103(c), Nov. 1, 2000, 114 Stat. 1826; Pub. L. 107103, 
   title I, Sec. 103(a), (d), Dec. 27, 2001, 115 Stat. 979.) ' 3014. 
Payment of basic educational assistance (a) The Secretary shall pay to 
    each individual entitled to basic educational assistance who is 
     pursuing an approved program of education a basic educational 
   assistance allowance to help meet, in part, the expenses of such 
   individuals subsistence, tuition, fees, supplies, books, 
   equipment, and other educational costs. (b)(1) In the case of an 
  individual entitled to basic educational assistance who is pursuing 
  education or training described in subsection (a) or (c) of section 
     2007 of title 10, the Secretary shall, at the election of the 
individual, pay the individual a basic educational assistance allowance 
to meet all or a portion of the charges of the educational institution 
for the education or training that are not paid by the Secretary of the 
military department concerned under such subsection. (2)(A) The amount 
of the basic educational assistance allowance payable to an individual 
  under this subsection for a month shall be the amount of the basic 
   educational assistance allowance to which the individual would be 
   entitled for the month under section 3015 of this title . (B) The 
 maximum number of months for which an individual may be paid a basic 
  educational assistance allowance under paragraph (1) is 36. (C) The 
number of months of entitlement charged under this chapter in the case 
   of an individual who has been paid a basic educational assistance 
allowance under this subsection shall be equal to the number (including 
     any fraction) determined by dividing the total amount of such 
 educational assistance allowance paid the individual by the full-time 
    monthly institutional rate of educational assistance which such 
  individual would otherwise be paid under subsection (a)(1), (b)(1), 
 (c)(1), (d)(1), or (e)(1) of section 3015 of this title, as the case 
may be. (Added Pub. L. 98525, title VII, Sec. 702(a)(1), Oct. 
 19, 1984, 98 Stat. 2557, Sec. 1414; amended Pub. L. 101237, 
title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered 
 Sec. 3014, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
    406; Pub. L. 106398, Sec. 1[[div. A], title XVI, Sec. 
    1602(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-359; Pub. L. 
  10714, Sec. 7(b)(1), June 5, 2001, 115 Stat. 31.) ' 3014A. 
   Accelerated payment of basic educational assistance for education 
leading to employment in high technology occupation in high technology 
industry (a) An individual described in subsection (b) who is entitled 
  to basic educational assistance under this subchapter may elect to 
  receive an accelerated payment of the basic educational assistance 
  allowance otherwise payable to the individual under section 3015 of 
   this title. (b) An individual described in this subsection is an 
individual who is (1) enrolled in an approved program of education 
  that leads to employment in a high technology occupation in a high 
 technology industry (as determined pursuant to regulations prescribed 
by the Secretary); and (2) charged tuition and fees for the program of 
  education that, when divided by the number of months (and fractions 
  thereof) in the enrollment period, exceeds the amount equal to 200 
 percent of the monthly rate of basic educational assistance allowance 
 otherwise payable to the individual under section 3015 of this title. 
   (c)(1) The amount of the accelerated payment of basic educational 
 assistance made to an individual making an election under subsection 
  (a) for a program of education shall be the lesser of (A) the 
 amount equal to 60 percent of the established charges for the program 
    of education; or (B) the aggregate amount of basic educational 
assistance to which the individual remains entitled under this chapter 
     at the time of the payment. (2) In this subsection, the term 
  established charges, in the case of a 
program of education, means the actual charges (as determined pursuant 
to regulations prescribed by the Secretary) for tuition and fees which 
    similarly circumstanced nonveterans enrolled in the program of 
   education would be required to pay. Established charges shall be 
  determined on the following basis: (A) In the case of an individual 
   enrolled in a program of education offered on a term, quarter, or 
  semester basis, the tuition and fees charged the individual for the 
 term, quarter, or semester. (B) In the case of an individual enrolled 
 in a program of education not offered on a term, quarter, or semester 
   basis, the tuition and fees charged the individual for the entire 
  program of education. (3) The educational institution providing the 
    program of education for which an accelerated payment of basic 
  educational assistance allowance is elected by an individual under 
    subsection (a) shall certify to the Secretary the amount of the 
 established charges for the program of education. (d) An accelerated 
  payment of basic educational assistance made to an individual under 
 this section for a program of education shall be made not later than 
the last day of the month immediately following the month in which the 
  Secretary receives a certification from the educational institution 
 regarding (1) the individuals enrollment in and pursuit 
  of the program of education; and (2) the amount of the established 
  charges for the program of education. (e)(1) Except as provided in 
   paragraph (2), for each accelerated payment of basic educational 
       assistance made to an individual under this section, the 
individuals entitlement to basic educational assistance under 
 this chapter shall be charged the number of months (and any fraction 
 thereof) determined by dividing the amount of the accelerated payment 
by the full-time monthly rate of basic educational assistance allowance 
otherwise payable to the individual under section 3015 of this title as 
   of the beginning date of the enrollment period for the program of 
education for which the accelerated payment is made. (2) If the monthly 
rate of basic educational assistance allowance otherwise payable to an 
   individual under section 3015 of this title increases during the 
 enrollment period of a program of education for which an accelerated 
payment of basic educational assistance is made under this section, the 
  charge to the individuals entitlement to basic educational 
  assistance under this chapter shall be determined by prorating the 
entitlement chargeable, in the matter provided for under paragraph (1), 
    for the periods covered by the initial rate and increased rate, 
    respectively, in accordance with regulations prescribed by the 
Secretary. (f) The Secretary may not make an accelerated payment under 
   this section for a program of education to an individual who has 
received an advance payment under section 3680(d) of this title for the 
 same enrollment period. (g) The Secretary shall prescribe regulations 
to carry out this section. The regulations shall include requirements, 
     conditions, and methods for the request, issuance, delivery, 
  certification of receipt and use, and recovery of overpayment of an 
accelerated payment under this section. (Added Pub. L. 107103, 
title I, Sec. 104(a)(1), Dec. 27, 2001, 115 Stat. 980; amended Pub. L. 
 107330, title III, Sec. 308(b)(1), (2)(A), Dec. 6, 2002, 116 
  Stat. 2827.) ' 3015. Amount of basic educational assistance (a) The 
   amount of payment of educational assistance under this chapter is 
subject to section 3032 of this title. Except as otherwise provided in 
 this section, in the case of an individual entitled to an educational 
   assistance allowance under this chapter whose obligated period of 
active duty on which such entitlement is based is three years, a basic 
    educational assistance allowance under this subchapter shall be 
 paid (1) for an approved program of education pursued on a full-
time basis, at the monthly rate of (A) for months occurring during 
 the period beginning on August 1, 2008, and ending on the last day of 
    fiscal year 2009, $1,321; and (B) for months occurring during a 
  subsequent fiscal year, the amount for months occurring during the 
   previous fiscal year increased under subsection (h); or (2) at an 
 appropriately reduced rate, as determined under regulations which the 
Secretary shall prescribe, for an approved program of education pursued 
   on less than a full-time basis. (b) In the case of an individual 
 entitled to an educational assistance allowance under section 3011 or 
3018 of this title whose obligated period of active duty on which such 
   entitlement is based is two years, a basic educational assistance 
     allowance under this chapter shall (except as provided in the 
succeeding subsections of this section)be paid (1) for an approved 
program of education pursued on a full-time basis, at the monthly rate 
of (A) for months occurring during the period beginning on August 
 1, 2008, and ending on the last day of fiscal year 2009, $1,073; and 
 (B) for months occurring during a subsequent fiscal year, the amount 
 for months occurring during the previous fiscal year increased under 
subsection (h); or (2) at an appropriately reduced rate, as determined 
under regulations which the Secretary shall prescribe, for an approved 
program of education pursued on less than a full-time basis. (c)(1) The 
amount of basic educational allowance payable under this chapter to an 
   individual referred to in paragraph (2) of this subsection is the 
 amount determined under subsection (a) of this section. (2) Paragraph 
    (1) of this subsection applies to an individual entitled to an 
educational assistance allowance under section 3011 of this title 
(A) whose obligated period of active duty on which such entitlement is 
 based is less than three years; (B) who, beginning on the date of the 
    commencement of such obligated period of active duty, serves a 
continuous period of active duty of not less than three years; and (C) 
  who, after the completion of that continuous period of active duty, 
  meets one of the conditions set forth in subsection (a)(3) of such 
 section 3011. (d)(1) In the case of an individual who has a skill or 
specialty designated by the Secretary concerned as a skill or specialty 
 in which there is a critical shortage of personnel or for which it is 
difficult to recruit, the Secretary concerned, pursuant to regulations 
  to be prescribed by the Secretary of Defense, may, at the time the 
  individual first becomes a member of the Armed Forces, increase the 
 rate of the basic educational assistance allowance applicable to such 
    individual to such rate in excess of the rate prescribed under 
   subsections (a), (b), and (c) of this section as the Secretary of 
Defense considers appropriate, but the amount of any such increase may 
 not exceed $950 per month. (2) In the case of an individual who after 
  October 7, 1997, receives an enlistment bonus under section 308a or 
308f of title 37, receipt of that bonus does not affect the eligibility 
 of that individual for an increase under paragraph (1) in the rate of 
     the basic educational assistance allowance applicable to that 
 individual, and the Secretary concerned may provide such an increase 
 for that individual (and enter into an agreement with that individual 
  that the United States agrees to make payments pursuant to such an 
 increase) without regard to any provision of law (enacted before, on, 
 or after the date of the enactment of this paragraph) that limits the 
   authority to make such payments. (e)(1)(A) Except as provided in 
subparagraph (B) of this paragraph and subject to paragraph (2) of this 
subsection, in the case of an individual who on December 31, 1989, was 
entitled to educational assistance under chapter 34 of this title, the 
 rate of the basic educational assistance allowance applicable to such 
individual under this chapter shall be increased by the amount equal to 
    one-half of the educational assistance allowance that would be 
applicable to such individual under such chapter 34 (as of the time the 
  assistance under this chapter is provided and based on the rates in 
   effect on December 31, 1989) if such chapter were in effect. (B) 
 Notwithstanding subparagraph (A) of this paragraph, in the case of an 
individual described in that subparagraph who is pursuing a cooperative 
program on or after October 9, 1996, the rate of the basic educational 
 assistance allowance applicable to such individual under this chapter 
 shall be increased by the amount equal to one-half of the educational 
 assistance allowance that would be applicable to such individual for 
pursuit of full-time institutional training under chapter 34 (as of the 
  time the assistance under this chapter is provided and based on the 
 rates in effect on December 31, 1989) if such chapter were in effect. 
 (2) The number of months for which the rate of the basic educational 
  assistance allowance applicable to an individual is increased under 
paragraph (1) of this subsection may not exceed the number of months of 
 entitlement to educational assistance under chapter 34 of this title 
that the individual had remaining on December 31, 1989. (f) In the case 
 of an individual for whom the Secretary of Defense made contributions 
under section 3222(c) of this title and who is entitled to educational 
 assistance under section 3018A, 3018B, or 3018C of this chapter, the 
 Secretary shall increase the rate of the basic educational assistance 
allowance applicable to such individual in excess of the rate provided 
 under subsection (a) of this section in a manner consistent with, as 
determined by the Secretary of Defense, the agreement entered into with 
  such individual pursuant to the rules and regulations issued by the 
 Secretary of Defense under section 3222(c) of this title. (g) In the 
case of an individual who has made contributions authorized by section 
3011(e) or 3012(f) of this title, effective as of the first day of the 
  enrollment period following receipt of such contributions from such 
  individual by the Secretary concerned, the monthly amount of basic 
 educational assistance allowance applicable to such individual under 
    subsection (a), (b), or (c) shall be the monthly rate otherwise 
 provided for under the applicable subsection increased by (1) an 
 amount equal to $5 for each $20 contributed by such individual under 
 section 3011(e) or 3012(f) of this title, as the case may be, for an 
 approved program of education pursued on a full-time basis; or (2) an 
  appropriately reduced amount based on the amount so contributed, as 
 determined under regulations which the Secretary shall prescribe, for 
   an approved program of education pursued on less than a full-time 
  basis. (h)(1) With respect to any fiscal year, the Secretary shall 
 provide a percentage increase in the rates payable under subsections 
(a)(1) and (b)(1) equal to the percentage by which (A) the average 
 cost of undergraduate tuition in the United States, as determined by 
  the National Center for Education Statistics, for the last academic 
year preceding the beginning of the fiscal year for which the increase 
 is made, exceeds (B) the average cost of undergraduate tuition in the 
 United States, as so determined, for the academic year preceding the 
  academic year described in subparagraph (A). (2) Any increase under 
paragraph (1) in a rate with respect to a fiscal year after fiscal year 
  2004 and before fiscal year 2014 shall be rounded down to the next 
 lower whole dollar amount. Any such increase with respect to a fiscal 
   year after fiscal year 2013 shall be rounded to the nearest whole 
     dollar amount. (Added Pub. L. 98525, title VII, Sec. 
  702(a)(1), Oct. 19, 1984, 98 Stat. 2557, Sec. 1415; amended Pub. L. 
100689, title I, Sec. 103(b)(3), 111(a)(5)(A), Nov. 18, 1988, 
 102 Stat. 4165, 4171; Pub. L. 101189, div. A, title VI, Sec. 
641, Nov. 29, 1989, 103 Stat. 1456; Pub. L. 101237, title IV, 
    Sec. 423(b)(1)(A), (5), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 
  101510, div. A, title V, Sec. 561(b)(2), Nov. 5, 1990, 104 
  Stat. 1573; Pub. L. 10225, title III, Sec. 337(a), Apr. 6, 
  1991, 105 Stat. 90; Pub. L. 10254, Sec. 14(c)(1), June 13, 
     1991, 105 Stat. 284; renumbered Sec. 3015 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
  102568, title III, Sec. 301(a), (c), 307(a), (b), Oct. 29, 
 1992, 106 Stat. 4325, 4326, 4328, 4329; Pub. L. 10366, title 
  XII, Sec. 12009(a), (d)(1), (2), Aug. 10, 1993, 107 Stat. 415, 416; 
  Pub. L. 104275, title I, Sec. 106(b)(3), Oct. 9, 1996, 110 
 Stat. 3329; Pub. L. 105114, title IV, Sec. 401(b), Nov. 21, 
    1997, 111 Stat. 2293; Pub. L. 105178, title VIII, Sec. 
     8203(a)(1)(3), June 9, 1998, 112 Stat. 493; Pub. L. 
 105261, div. A, title V, Sec. 565(a), title VI, Sec. 656(a), 
  Oct. 17, 1998, 112 Stat. 2029, 2053; Pub. L. 106398, Sec. 
  1[title XVI, Sec. 1602(b)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-
 359; Pub. L. 106419, title I, Secs. 101(a), 103(d), 105(b), 
Nov. 1, 2000, 114 Stat. 1824, 1826, 1829; Pub. L. 10714, Sec. 
      7(b)(2)(A), (c)(3), June 5, 2001, 115 Stat. 31, 32; Pub. L. 
 107103, title I, Sec. 101(a), Dec. 27, 2001, 115 Stat. 977; 
  Pub. L. 108183, title III, Sec. 304(a), Dec. 16, 2003, 117 
  Stat. 2659; Pub. L. 110252, title V, Sec. 5004(a) 
(c), June 30, 2008, 122 Stat. 2379.) ' 3016. Inservice enrollment in a 
  program of education (a) A member of the Armed Forces who (1) 
 first becomes a member or first enters on active duty as a member of 
  the Armed Forces after June 30, 1985, and does not make an election 
under section 3011(c)(1) or section 3012(d)(1); (2) completes at least 
  two years of service on active duty after such date; (3) after such 
service, continues on active duty or in the Selected Reserve without a 
  break in service (except as described in section 3012(b)(2) of this 
        title); and (4) but for section 3011(a)(1)(A)(i)(I) or 
3012(a)(1)(A)(ii) of this title would be eligible for basic educational 
 assistance, may receive educational assistance under this chapter for 
  enrollment in an approved program of education while continuing to 
     perform the duty described in section 3011(a)(1)(A)(i)(I) or 
   3012(a)(1)(A)(ii) of this title. (b) A member of the Armed Forces 
   who (1) as of December 31, 1989, is eligible for educational 
assistance benefits under chapter 34 of this title; (2) after June 30, 
 1985, has served the two years required by section 3012(a)(1)(B)(i); 
   and (3) but for section 3012(a)(1)(B)(ii) of this title would be 
  eligible for basic educational assistance, may, after December 31, 
1989, receive educational assistance under this chapter for enrollment 
  in an approved program of education while continuing to perform the 
duty described in section 3012(a)(1)(B)(ii) of this title. (c) A member 
   of the Armed Forces who (1) completes at least two years of 
  service on active duty after June 30, 1985; (2) after such service 
 continues on active duty without a break in service; and (3) but for 
    section 3018(b)(3)(A) of this title would be entitled to basic 
educational assistance under this chapter, may receive such assistance 
for enrollment in an approved program of education while continuing to 
  perform the service described in section 3018(b)(2) of this title. 
  (Added Pub. L. 98525, title VII, Sec. 702(a)(1), Oct. 19, 
 1984, 98 Stat. 2558, Sec. 1416; amended Pub. L. 99576, title 
       III, Sec. 321(4), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 
  100689, title I, Sec. 103(b)(4), Nov. 18, 1988, 102 Stat. 
  4165; renumbered Sec. 3016 and amended Pub. L. 10283, Sec. 
   5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3017. Death benefit 
       (a)(1) In the event of the service-connected death of any 
   individual (A) who (i) is entitled to basic educational 
 assistance under this chapter; or (ii) is on active duty in the Armed 
Forces and but for clause (1)(A)(i) or clause (2) of section 3011(a) or 
clause (1)(A)(i) or (ii) or clause (2) of section 3012(a) of this title 
 would be eligible for such basic educational assistance; and (B) who 
dies while on active duty or within one year after discharge or release 
   from active duty, the Secretary shall make a payment, subject to 
    paragraph (2)(B) of this subsection, in the amount described in 
 subsection (b) of this section to the person or persons described in 
paragraph (2)(A) of this subsection. (2)(A) The payment referred to in 
paragraph (1) of this subsection shall be made to the person or persons 
        first listed below who is surviving on the date of such 
   individuals death: (i) The beneficiary or beneficiaries 
     designated by such individual under the individuals 
Servicemembers Group Life Insurance policy. (ii) The surviving 
spouse of the individual. (iii) The surviving child or children of the 
 individual, in equal shares. (iv) The surviving parent or parents of 
 the individual, in equal shares. (B) If no such person survives such 
individual, no payment shall be made under this section. (b) The amount 
 of any payment made under this section shall be equal to (1) the 
  total of (A) the amount reduced from the individuals 
basic pay under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 
 3018C(b), or 3018C(e) of this title; (B) the amount reduced from the 
individuals retired pay under section 3018C(e) of this title; 
  (C) the amount collected from the individual by the Secretary under 
  section 3018B(b), 3018C(b), or 3018C(e) of this title; and (D) the 
   amount of any contributions made by the individual under section 
 3011(e) or 3012(f) of this title, less (2) the total of (A) the 
 amount of educational assistance that has been paid to the individual 
 under this chapter before the payment is made under this section; and 
(B) the amount of accrued benefits paid or payable with respect to such 
 individual in connection with this chapter. (c) A payment under this 
 section shall be considered to be a benefit under this title and, for 
    purposes of section 3035(b)(1), it shall be considered to be an 
       entitlement earned under this sub-chapter. (Added Pub. L. 
 100689, title I, Sec. 101(a), Nov. 18, 1988, 102 Stat. 4161, 
 Sec. 1417; amended Pub. L. 101237, title IV, Sec. 423(a)(3), 
 (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; renumbered Sec. 3017 
 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 
 105 Stat. 406; Pub. L. 102568, title III, Sec. 308, Oct. 29, 
     1992, 106 Stat. 4329; Pub. L. 104275, title IV, Sec. 
405(c)(2), Oct. 9, 1996, 110 Stat. 3340; Pub. L. 106419, title 
 I, Sec. 102(a)(2), Nov. 1, 2000, 114 Stat. 1824; Pub. L. 107 
14, Sec. 7(d)(1), June 5, 2001, 115 Stat. 33; ;Pub. L. 109233, 
     title V, Sec. 503(4), June 15, 2006, 120 Stat. 416.) ' 3018. 
Opportunity for certain active-duty personnel to withdraw election not 
  to enroll (a) Notwithstanding any other provision of this chapter, 
during the period beginning December 1, 1988, and ending June 30, 1989 
   (hereinafter in this section referred to as the open 
 period), an individual who (1) first became a 
member of the Armed Forces or first entered on active duty as a member 
   of the Armed Forces during the period beginning July 1, 1985, and 
   ending June 30, 1988; (2) has continuously served on active duty 
 without a break in service since the date the individual first became 
such a member or first entered on active duty as such a member; and (3) 
   is serving on active duty during the open period, shall have the 
 opportunity, in accordance with this section and on such form as the 
  Secretary of Defense shall prescribe, to withdraw an election made 
  under section 3011(c)(1) or 3012(d)(1) of this title not to receive 
educational assistance under this chapter. (b) An individual described 
 in clauses (1) through (3) of subsection (a) of this section who made 
 an election under section 3011(c)(1) or 3012(d)(1) of this title and 
who (1) while serving on active duty during the open period, makes 
a withdrawal of such an election; (2) continues to serve the period of 
service which, at the beginning of the open period, such individual was 
   obligated to serve; (3)(A) serves the obligated period of service 
described in clause (2) of this subsection; (B) before completing such 
obligated period of service, is discharged or released from active duty 
for (i) a service-connected disability, (ii) a medical condition which 
   preexisted such service and which the Secretary determines is not 
    service connected, (iii) hardship, or (iv) a physical or mental 
condition that was not characterized as a disability and did not result 
from the individuals own willful misconduct but did interfere 
with the individuals performance of duty, as determined by the 
 Secretary of each military department in accordance with regulations 
prescribed by the Secretary of Defense (or by the Secretary of Homeland 
Security with respect to the Coast Guard when it is not operating as a 
service of the Navy); or (C) before completing such obligated period of 
    service, is (i) discharged or released from active duty for the 
convenience of the Government after completing not less than 20 months 
of such period of service, if such period was less than three years, or 
      30 months, if such period was at least three years, or (ii) 
     involuntarily discharged or released from active duty for the 
 convenience of the Government as a result of a reduction in force, as 
 determined by the Secretary concerned in accordance with regulations 
    prescribed by the Secretary of Defense; (4) before applying for 
 benefits under this section (A) completes the requirements of a 
     secondary school diploma (or equivalency certificate); or (B) 
successfully completes (or otherwise receives academic credit for) the 
equivalent of 12 semester hours in a program of education leading to a 
  standard college degree; and (5) upon completion of such obligated 
period of service (A) is discharged from service with an honorable 
 discharge, is placed on the retired list, is transferred to the Fleet 
 Reserve or Fleet Marine Corps Reserve, or is placed on the temporary 
   disability retired list; (B) continues on active duty; or (C) is 
released from active duty for further service in a reserve component of 
  the Armed Forces after service on active duty characterized by the 
    Secretary concerned as honorable service, is entitled to basic 
  educational assistance under this chapter. (c) The basic pay of an 
  individual withdrawing, under subsection (b)(1) of this section, an 
election under section 3011(c)(1) or 3012(d)(1) of this title shall be 
    reduced by (1) $1,200; or (2) in the case of an individual 
  described in clause (B) or (C) of subsection (b)(3) of this section 
 whose discharge or release from active duty prevents the reduction of 
the basic pay of such individual by $1,200, an amount less than $1,200. 
      (d) A withdrawal under subsection (b)(1) of this section is 
irrevocable. (Added Pub. L. 100689, title I, Sec. 103(a), Nov. 
 18, 1988, 102 Stat. 4164, Sec. 1418; amended Pub. L. 101237, 
  title IV, Sec. 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092; 
  Pub. L. 10216, Sec. 10(a)(2), Mar. 22, 1991, 105 Stat. 55; 
  renumbered Sec. 3018 and amended Pub. L. 10283, Sec. 5(a), 
 (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10286, title V, 
Sec. 506(b)(2), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102 568, 
    title III, Sec. 309(a), Oct. 29, 1992, 106 Stat. 4329; Pub. L. 
105368, title II, Sec. 203(a), Nov. 11, 1998, 112 Stat. 3326; 
Pub. L. 106419, title I, Sec. 102(c), Nov. 1, 2000, 114 Stat. 
1825; Pub. L. 107296, title XVII, Sec. 1704(d), Nov. 25, 2002, 
116 Stat. 2315.) ' 3018A. Opportunity for certain active-duty personnel 
    to enroll before being involuntarily separated from service (a) 
Notwithstanding any other provision of law, an individual who (1) 
  after February 2, 1991, is involuntarily separated (as such term is 
 defined in section 1141 of title 10) with an honorable discharge; (2) 
  before applying for benefits under this section, has completed the 
requirements of a secondary school diploma (or equivalency certificate) 
 or has successfully completed (or otherwise received academic credit 
  for) the equivalent of 12 semester hours in a program of education 
leading to a standard college degree; (3) in the case of any individual 
who has made an election under section 3011(c)(1) or 3012(d)(1) of this 
   title, withdraws such election before such separation pursuant to 
   procedures which the Secretary of each military department shall 
 provide in accordance with regulations prescribed by the Secretary of 
   Defense for the purpose of carrying out this section or which the 
  Secretary of Homeland Security shall provide for such purpose with 
respect to the Coast Guard when it is not operating as a service in the 
    Navy; (4) in the case of any person enrolled in the educational 
    benefits program provided by chapter 32 of this title makes an 
 irrevocable election, pursuant to procedures referred to in paragraph 
 (3), before such separation to receive benefits under this section in 
lieu of benefits under such chapter 32; and (5) before such separation 
elects to receive assistance under this section pursuant to procedures 
    referred to in paragraph (3), is entitled to basic educational 
   assistance under this chapter. (b) The basic pay of an individual 
     described in subsection (a) shall be reduced by $1,200. (c) A 
  withdrawal referred to in subsection (a)(3) is irrevocable. (d)(1) 
 Except as provided in paragraph (3), an individual who is enrolled in 
 the educational benefits program provided by chapter 32 of this title 
  and who makes the election described in subsection (a)(4) shall be 
    disenrolled from such chapter 32 program as of the date of such 
election. (2) For each individual who is disenrolled from such program, 
 the Secretary shall refund (A) as provided in section 3223(b) of 
  this title, to the individual the unused contributions made by the 
     individual to the Post-Vietnam Era Veterans Education Account 
 established pursuant to section 3222(a) of this title; and (B) to the 
Secretary of Defense the unused contributions (other than contributions 
made under section 3222(c) of this title) made by such Secretary to the 
Account on behalf of such individual. (3) Any contribution made by the 
Secretary of Defense to the Post-Vietnam Era Veterans Education Account 
 pursuant to subsection (c) of section 3222 of this title on behalf of 
   any individual referred to in paragraph (1) shall remain in such 
 Account to make payments of benefits to such individual under section 
3015(f) of this title. (Added Pub. L. 101510, div. A, title V, 
Sec. 561(a)(1), Nov. 5, 1990, 104 Stat. 1571, Sec. 1418A; amended Pub. 
 L. 10225, title VII, Sec. 705(c)(1), Apr. 6, 1991, 105 Stat. 
  120; renumbered Sec. 3018A and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, 
title XII, Sec. 1201(d)(4), (i)(4), Nov. 2, 1994, 108 Stat. 4684, 4688; 
  Pub. L. 105368, title II, Sec. 203(a), Nov. 11, 1998, 112 
Stat. 3326; Pub. L. 107296, title XVII, Sec. 1704(d), Nov. 25, 
 2002, 116 Stat. 2315; ;Pub.L. 109233, title V, Sec. 503(5), 
June 15, 2006, 120 Stat. 416.) ' 3018B. Opportunity for certain persons 
 to enroll (a) Notwithstanding any other provision of law (1) the 
      Secretary of Defense shall, subject to the availability of 
appropriations, allow an individual who (A) is separated from the 
active military, naval, or air service with an honorable discharge and 
receives voluntary separation incentives under section 1174a or 1175 of 
  title 10; (B) before applying for benefits under this section, has 
     completed the requirements of a secondary school diploma (or 
 equivalency certificate) or has successfully completed (or otherwise 
received academic credit for) the equivalent of 12 semester hours in a 
 program of education leading to a standard college degree; (C) in the 
     case of any individual who has made an election under section 
3011(c)(1) or 3012(d)(1) of this title, withdraws such election before 
  such separation pursuant to procedures which the Secretary of each 
   military department shall provide in accordance with regulations 
prescribed by the Secretary of Defense for the purpose of carrying out 
this section or which the Secretary of Homeland Security shall provide 
    for such purpose with respect to the Coast Guard when it is not 
    operating as service in the Navy; (D) in the case of any person 
enrolled in the educational benefits program provided by chapter 32 of 
   this title makes an irrevocable election, pursuant to procedures 
    referred to in subparagraph (C) of this paragraph, before such 
 separation to receive benefits under this section in lieu of benefits 
under such chapter 32; and (E) before such separation elects to receive 
  assistance under this section pursuant to procedures referred to in 
     subparagraph (C) of this paragraph; or (2) the Secretary, in 
   consultation with the Secretary of Defense, shall, subject to the 
   availability of appropriations, allow an individual who (A) 
separated before October 23, 1992, from the active military, naval, or 
 air service with an honorable discharge and received or is receiving 
 voluntary separation incentives under section 1174a or 1175 of title 
10; (B) before applying for benefits under this section, has completed 
    the requirements of a secondary school diploma (or equivalency 
   certificate) or has successfully completed (or otherwise received 
 academic credit for) the equivalent of 12 semester hours in a program 
 of education leading to a standard college degree; (C) in the case of 
  any individual who has made an election under section 3011(c)(1) or 
  3012(d)(1) of this title, withdraws such election before making an 
    election under this paragraph pursuant to procedures which the 
Secretary shall provide, in consultation with the Secretary of Defense 
and the Secretary of Homeland Security with respect to the Coast Guard 
when it is not operating as service in the Navy, which shall be similar 
     to the regulations prescribed under paragraph (1)(C) of this 
 subsection; (D) in the case of any person enrolled in the educational 
    benefits program provided by chapter 32 of this title makes an 
      irrevocable election, pursuant to procedures referred to in 
  subparagraph (C) of this paragraph, before making an election under 
   this paragraph to receive benefits under this section in lieu of 
benefits under such chapter 32; and (E) before October 23, 1993, elects 
    to receive assistance under this section pursuant to procedures 
 referred to in subparagraph (C) of this paragraph, to elect to become 
 entitled to basic education assistance under this chapter. (b)(1) The 
basic pay or voluntary separation incentives of an individual who makes 
    an election under subsection (a)(1) to become entitled to basic 
education assistance under this chapter shall be reduced by $1,200. (2) 
  The Secretary shall collect $1,200 from an individual who makes an 
election under subsection (a)(2) to become entitled to basic education 
assistance under this chapter, which shall be paid into the Treasury of 
the United States as miscellaneous receipts. (c) A withdrawal referred 
to in subsection (a)(1)(C) or (a)(2)(C) of this section is irrevocable. 
   (d)(1) Except as provided in paragraph (3) of this subsection, an 
individual who is enrolled in the educational benefits program provided 
  by chapter 32 of this title and who makes the election described in 
subsection (a)(1)(D) or (a)(2)(D) of this section shall be disenrolled 
 from such chapter 32 program as of the date of such election. (2) For 
  each individual who is disenrolled from such program, the Secretary 
shall refund (A) as provided in section 3223(b) of this title, to 
 the individual the unused contributions made by the individual to the 
  Post-Vietnam Era Veterans Education Account established pursuant to 
section 3222(a) of this title; and (B) to the Secretary of Defense the 
   unused contributions (other than contributions made under section 
3222(c) of this title) made by such Secretary to the Account on behalf 
   of such individual. (3) Any contribution made by the Secretary of 
Defense to the Post-Vietnam Era Veterans Education Account pursuant to 
     subsection (c) of section 3222 of this title on behalf of any 
individual referred to in paragraph (1) of this subsection shall remain 
 in such account to make payments of benefits to such individual under 
section 3015(f) of this title. (Added Pub. L. 102484, div. D, 
 title XLIV, Sec. 4404(a), Oct. 23, 1992, 106 Stat. 2704; amended Pub. 
 L. 103446, title XII, Sec. 1201(d)(5), (e)(11), (f)(3), Nov. 
2, 1994, 108 Stat. 4684, 4685, 4687; Pub. L. 105368, title II, 
 Sec. 203(a), title X, Sec. 1005(b)(6), Nov. 11, 1998, 112 Stat. 3326, 
3365; Pub. L. 107296, title XVII, Sec. 1704(d), Nov. 25, 2002, 
116 Stat. 2315.) ' 3018C. Opportunity for certain VEAP participants to 
 enroll (a) Notwithstanding any other provision of law, an individual 
 who (1) is a participant on October 9, 1996, in the educational 
 benefits program provided by chapter 32 of this title; (2) is serving 
on active duty (excluding the periods referred to in section 3202(1)(C) 
  of this title) on such date; (3) before applying for benefits under 
  this section, has completed the requirements of a secondary school 
diploma (or equivalency certificate) or has successfully completed (or 
 otherwise received academic credit for) the equivalent of 12 semester 
 hours in a program of education leading to a standard college degree; 
(4) if discharged or released from active duty after the date on which 
   the individual makes the election described in paragraph (5), is 
 discharged or released therefrom with an honorable discharge; and (5) 
   during the one-year period beginning on October 9, 1996, makes an 
irrevocable election to receive benefits under this section in lieu of 
 benefits under chapter 32 of this title, pursuant to procedures which 
 the Secretary of each military department shall provide in accordance 
with regulations prescribed by the Secretary of Defense for the purpose 
    of carrying out this section or which the Secretary of Homeland 
Security shall provide for such purpose with respect to the Coast Guard 
when it is not operating as a service in the Navy; may elect to become 
 entitled to basic educational assistance under this chapter. (b) With 
respect to an individual who makes an election under subsection (a) to 
 become entitled to basic education assistance under this chapter 
   (1) the basic pay of the individual shall be reduced (in a manner 
determined by the Secretary of Defense) until the total amount by which 
 such basic pay is reduced is $1,200; or (2) to the extent that basic 
  pay is not so reduced before the individuals discharge or 
    release from active duty as specified in subsection (a)(4), the 
  Secretary shall collect from the individual an amount equal to the 
  difference between $1,200 and the total amount of reductions under 
  paragraph (1), which shall be paid into the Treasury of the United 
    States as miscellaneous receipts. (c)(1) Except as provided in 
    paragraph (3), an individual who is enrolled in the educational 
benefits program provided by chapter 32 of this title and who makes the 
election described in subsection (a)(5) shall be disenrolled from such 
   chapter 32 program as of the date of such election. (2) For each 
 individual who is disenrolled from such program, the Secretary shall 
 refund (A) to the individual, as provided in section 3223(b) of 
this title and subject to subsection (b)(2) of this section, the unused 
 contributions made by the individual to the Post-Vietnam Era Veterans 
   Education Account established pursuant to section 3222(a) of this 
  title; and (B) to the Secretary of Defense the unused contributions 
  (other than contributions made under section 3222(c) of this title) 
made by such Secretary to the Account on behalf of such individual. (3) 
 Any contribution made by the Secretary of Defense to the Post-Vietnam 
 Era Veterans Education Account pursuant to subsection (c) of section 
3222 of this title on behalf of any individual referred to in paragraph 
 (1) shall remain in such account to make payments of benefits to such 
  individual under section 3015(f) of this title. (d) The procedures 
provided in regulations referred to in subsection (a) shall provide for 
   notice of the requirements of subparagraphs (B), (C), and (D) of 
  section 3011(a)(3) and of subparagraph (A) of section 3012(a)(3) of 
 this title. Receipt of such notice shall be acknowledged in writing. 
(e)(1) A qualified individual (described in paragraph (2)) may make an 
irrevocable election under this subsection, during the one-year period 
 beginning on the date of the enactment of this subsection, to become 
 entitled to basic educational assistance under this chapter. Such an 
   election shall be made in the same manner as elections made under 
subsection (a)(5). (2) A qualified individual referred to in paragraph 
(1) is an individual who meets each of the following requirements: (A) 
 The individual was a participant in the educational benefits program 
 under chapter 32 of this title on or before October 9, 1996. (B) The 
individual has continuously served on active duty since October 9, 1996 
   (excluding the periods referred to in section 3202(1)(C) of this 
 title), through at least April 1, 2000. (C) The individual meets the 
requirements of subsection (a)(3). (D) The individual, when discharged 
or released from active duty, is discharged or released therefrom with 
an honorable discharge. (3)(A) Subject to the succeeding provisions of 
  this paragraph, with respect to a qualified individual who makes an 
  election under paragraph (1) to become entitled to basic education 
 assistance under this chapter (i) the basic pay of the qualified 
 individual shall be reduced (in a manner determined by the Secretary 
concerned) until the total amount by which such basic pay is reduced is 
$2,700; and (ii) to the extent that basic pay is not so reduced before 
  the qualified individuals discharge or release from active 
    duty as specified in subsection (a)(4), at the election of the 
  qualified individual (I) the Secretary concerned shall collect 
 from the qualified individual; or (II) the Secretary concerned shall 
 reduce the retired or retainer pay of the qualified individual by, an 
 amount equal to the difference between $2,700 and the total amount of 
 reductions under clause (i), which shall be paid into the Treasury of 
   the United States as miscellaneous receipts. (B)(i) The Secretary 
 concerned shall provide for an 18-month period, beginning on the date 
the qualified individual makes an election under paragraph (1), for the 
    qualified individual to pay that Secretary the amount due under 
  subparagraph (A). (ii) Nothing in clause (i) shall be construed as 
   modifying the period of eligibility for and entitlement to basic 
 education assistance under this chapter applicable under section 3031 
  of this title. (C) The provisions of subsection (c) shall apply to 
  qualified individuals making elections under this subsection in the 
   same manner as they applied to individuals making elections under 
 subsection (a)(5). (4) With respect to qualified individuals referred 
    to in paragraph (3)(A)(ii), no amount of educational assistance 
allowance under this chapter shall be paid to the qualified individual 
until the earlier of the date on which (A) the Secretary concerned 
 collects the applicable amount under subclause (I) of such paragraph; 
or (B) the retired or retainer pay of the qualified individual is first 
 reduced under subclause (II) of such paragraph. (5) The Secretary, in 
conjunction with the Secretary of Defense, shall provide for notice to 
 participants in the educational benefits program under chapter 32 of 
this title of the opportunity under this subsection to elect to become 
  entitled to basic educational assistance under this chapter. (Added 
Pub. L. 104275, title I, Sec. 106(a), Oct. 9, 1996, 110 Stat. 
3327; amended Pub. L. 105114, title IV, Sec. 401(c), Nov. 21, 
1997, 111 Stat. 2293; Pub. L. 105 368, title II, Sec. 203(a), 
 Nov. 11, 1998, 112 Stat. 3326; Pub. L. 106398, Sec. 1 [[div. 
 A], title XVI, Sec. 1601], Oct. 30, 2000, 114 Stat. 1654, 1654A-357; 
  Pub. L. 106419, title I, Sec. 104(a)(c), Nov. 1, 
2000, 114 Stat. 1827, 1828; Pub. L. 10714, Sec. 7(e)(1), June 
   5, 2001, 115 Stat. 33; Pub. L. 107296, title XVII, Sec. 
1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107330, title 
 III, Sec. 308(g)(9), Dec. 6, 2002, 116 Stat. 2829.) ' 3019. Tutorial 
  assistance (a) An individual entitled to an educational assistance 
    allowance under this chapter shall also be entitled to benefits 
provided an eligible veteran under section 3492 of this title, subject 
to the conditions applicable to an eligible veteran under such section. 
  (b) The amount of such benefits payable under this section may not 
   exceed $100 per month, for a maximum of twelve months, or until a 
maximum of $1,200 is utilized. This amount is in addition to the amount 
  of educational assistance allowance payable to the individual under 
 this chapter. (c)(1) An individuals period of entitlement to 
 educational assistance under this chapter shall be charged only with 
  respect to the amount of tutorial assistance paid to the individual 
   under this section in excess of $600. (2) An individuals 
  period of entitlement to educational assistance under this chapter 
shall be charged at the rate of one month for each amount of assistance 
  paid to the individual under this section in excess of $600 that is 
  equal to the amount of the monthly educational assistance allowance 
  which the individual is otherwise eligible to receive for full-time 
 pursuit of an institutional course under this chapter. (Added Pub. L. 
  100689, title I, Sec. 107(a)(1), Nov. 18, 1988, 102 Stat. 
       4167, Sec. 1419; renumbered Sec. 3019 and amended Pub. L. 
  10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 
3020. Authority to transfer unused education benefits to family members 
     for career service members (a) IN GENERAL.Subject to the 
provisions of this section, the Secretary of Defense may authorize the 
Secretary concerned, to promote recruitment and retention of members of 
 the Armed Forces, to permit an individual described in subsection (b) 
 who is entitled to basic educational assistance under this subchapter 
  to elect to transfer to one or more of the dependents specified in 
 subsection (c) the unused portion of entitlement to such assistance, 
     subject to the limitation under subsection (d). (b) ELIGIBLE 
  INDIVIDUALS.An individual referred to in subsection (a) is any 
 member of the Armed Forces (1) who, while serving on active duty 
 or as a member of the Selected Reserve at the time of the approval by 
  the Secretary concerned of the members request to transfer 
  entitlement to basic educational assistance under this section, has 
 completed six years of service in the Armed Forces and enters into an 
 agreement to serve at least four more years as a member of the Armed 
Forces; or (2) as determined in regulations pursuant to subsection (k). 
  (c) ELIGIBLE DEPENDENTS.An individual approved to transfer an 
  entitlement to basic educational assistance under this section may 
 transfer the individuals entitlement as follows: (1) To the 
        individuals spouse. (2) To one or more of the 
individuals children. (3) To a combination of the individuals 
  referred to in paragraphs (1) and (2). (d) LIMITATION ON MONTHS OF 
TRANSFER.(1) An individual approved to transfer an entitlement to 
basic educational assistance under this section may transfer any unused 
 entitlement to one or more of the dependents specified in subsection 
 (c). (2) The total number of months of entitlement transferred by an 
 individual under this section may not exceed 36 months. The Secretary 
  of Defense may prescribe regulations that would limit the months of 
entitlement that may be transferred under this section to no less than 
      18 months. (e) DESIGNATION OF TRANSFEREE.An individual 
transferring an entitlement to basic educational assistance under this 
 section shall (1) designate the dependent or dependents to whom 
  such entitlement is being transferred; (2) designate the number of 
 months of such entitlement to be transferred to each such dependent; 
 and (3) specify the period for which the transfer shall be effective 
    for each dependent designated under paragraph (1). (f) TIME FOR 
  TRANSFER; REVOCATION AND MODIFICATION.(1) Subject to the time 
limitation for use of entitlement under section 3031 of this title, an 
   individual approved to transfer entitlement to basic educational 
assistance under this section may transfer such entitlement at any time 
after the approval of the individuals request to transfer such 
 entitlement only while the individual is a member of the Armed Forces 
   when the transfer is executed. (2)(A) An individual transferring 
  entitlement under this section may modify or revoke at any time the 
  transfer of any unused portion of the entitlement so transferred as 
long as the individual is serving on active duty or as a member of the 
Selected Reserve. (B) The modification or revocation of the transfer of 
  entitlement under this paragraph shall be made by the submittal of 
 written notice of the action to both the Secretary concerned and the 
 Secretary of Veterans Affairs. (3) Entitlement transferred under this 
   section may not be treated as marital property, or the asset of a 
    marital estate, subject to division in a divorce or other civil 
     proceeding. (g) COMMENCEMENT OF USE.A dependent to whom 
 entitlement to basic educational assistance is transferred under this 
    section may not commence the use of the transferred entitlement 
until (1) in the case of entitlement transferred to a spouse, the 
   completion by the individual making the transfer of six years of 
    service in the Armed Forces; or (2) in the case of entitlement 
transferred to a child, both (A) the completion by the individual 
making the transfer of 10 years of service in the Armed Forces; and (B) 
 either (i) the completion by the child of the requirements of a 
  secondary school diploma (or equivalency certificate); or (ii) the 
      attainment by the child of 18 years of age. (h) ADDITIONAL 
  ADMINISTRATIVE MATTERS.(1) The use of any entitlement to basic 
educational assistance transferred under this section shall be charged 
 against the entitlement of the individual making the transfer at the 
  rate of one month for each month of transferred entitlement that is 
  used. (2) Except as provided under subsection (e)(2) and subject to 
paragraphs (5) and (6), a dependent to whom entitlement is transferred 
 under this section is entitled to basic educational assistance under 
  this subchapter in the same manner as the individual from whom the 
 entitlement was transferred. (3)(A) Subject to subparagraph (B), the 
 monthly rate of educational assistance payable to a dependent to whom 
  entitlement is transferred under this section shall be the monthly 
   amount payable under sections 3015 and 3022 of this title to the 
  individual making the transfer. (B) The monthly rate of assistance 
 payable to a dependent under subparagraph (A) shall be subject to the 
provisions of section 3032 of this title, except that the provisions of 
     subsection (a)(1) of that section shall not apply even if the 
 individual making the transfer to the dependent under this section is 
   on active duty during all or any part of enrollment period of the 
   dependent in which such entitlement is used. (4) The death of an 
  individual transferring an entitlement under this section shall not 
    affect the use of the entitlement by the dependent to whom the 
 entitlement is transferred. (5) Notwithstanding section 3031 of this 
 title, a child to whom entitlement is transferred under this section 
may use the benefit without regard to the 10-year delimiting date, but 
 may not use any entitlement so transferred after attaining the age of 
26 years. (6) The administrative provisions of this chapter (including 
  the provisions set forth in section 3034(a)(1) of this title) shall 
apply to the use of entitlement transferred under this section, except 
  that the dependent to whom the entitlement is transferred shall be 
 treated as the eligible veteran for purposes of such provisions. (7) 
 The purposes for which a dependent to whom entitlement is transferred 
 under this section may use such entitlement shall include the pursuit 
 and completion of the requirements of a secondary school diploma (or 
 equivalency certificate). (i) OVERPAYMENT.(1) In the event of an 
overpayment of basic educational assistance with respect to a dependent 
 to whom entitlement is transferred under this section, the dependent 
 and the individual making the transfer shall be jointly and severally 
   liable to the United States for the amount of the overpayment for 
   purposes of section 3685 of this title. (2) Except as provided in 
  paragraph (3), if an individual transferring entitlement under this 
section fails to complete the service agreed to by the individual under 
subsection (b)(3) in accordance with the terms of the agreement of the 
    individual under that subsection, the amount of any transferred 
   entitlement under this section that is used by a dependent of the 
   individual as of the date of such failure shall be treated as an 
 overpayment of basic educational assistance under paragraph (1). (3) 
Paragraph (2) shall not apply in the case of an individual who fails to 
complete service agreed to by the individual (A) by reason of the 
  death of the individual; or (B) for a reason referred to in section 
 3011(a)(1)(A)(ii)(I) of this title. (j) APPROVALS OF TRANSFER SUBJECT 
  TO AVAILABILITY OF AP-PROPRIATIONS.The Secretary concerned may 
approve transfers of entitlement to basic educational assistance under 
 this section in a fiscal year only to the extent that appropriations 
 for military personnel are available in that fiscal year for purposes 
of making deposits in the Department of Defense Education Benefits Fund 
under section 2006 of title 10 in that fiscal year to cover the present 
 value of future benefits payable from the Fund for the Department of 
      Defense portion of payments of basic educational assistance 
    attributable to increased usage of benefits as a result of such 
transfers of entitlement in that fiscal year. (k) REGULATIONS.The 
 Secretary of Defense, in coordination with the Secretary of Veterans 
Affairs, shall prescribe regulations for purposes of this section. Such 
   regulations shall specify (1) the manner of authorizing the 
   military departments to offer transfer of entitlements under this 
  section; (2) the eligibility criteria in accordance with subsection 
 (b); (3) the limitations on the amount of entitlement eligible to be 
transferred; and (4) the manner and effect of an election to modify or 
 revoke a transfer of entitlement under subsection (f)(2). (l) ANNUAL 
   REPORT.(1) Not later than January 31 each year (beginning in 
2003), the Secretary of Defense shall submit to the Committees on Armed 
Services and the Committees on Veterans Affairs of the Senate 
 and House of Representatives a report on the transfers of entitlement 
 to basic educational assistance under this section that were approved 
by each Secretary concerned during the preceding fiscal year. (2) Each 
report shall set forth (A) the number of transfers of entitlement 
  under this section that were approved by such Secretary during the 
preceding fiscal year; or (B) if no transfers of entitlement under this 
  section were approved by such Secretary during that fiscal year, a 
justification for such Secretarys decision not to approve any 
 such transfers of entitlement during that fiscal year. (m) SECRETARY 
 CONCERNED DEFINED.Notwithstanding section 101(25) of this title, 
            in this section, the term Secretary 
 concerned means (1) the Secretary of the Army 
 with respect to matters concerning the Army; (2) the Secretary of the 
 Navy with respect to matters concerning the Navy or the Marine Corps; 
 (3) the Secretary of the Air Force with respect to matters concerning 
the Air Force; and (4) the Secretary of Defense with respect to matters 
concerning the Coast Guard, or the Secretary of Homeland Security when 
     it is not operating as a service in the Navy. (Added Pub. L. 
  107107, title VI, Sec. 654(a)(1), Dec. 28, 2001, 115 Stat. 
 1153; amended Pub. L. 107296, title XVII, Sec. 1704(d), Nov. 
 25, 2002, 116 Stat. 2315; Pub. L. 107314, div. A, title VI, 
  Sec. 643(a), Dec. 2, 2002, 116 Stat. 2577; Pub. L. 110252, 
   title V, Sec. 5006(a), June 30, 2008, 122 Stat. 2380.) SUBCHAPTER 
   IIISUPPLEMENTAL EDUCATIONAL ASSISTANCE ' 3021. Supplemental 
    educational assistance for additional service (a) The Secretary 
concerned, pursuant to regulations to be prescribed by the Secretary of 
   Defense, may provide for the payment of supplemental educational 
 assistance under this subchapter to any individual eligible for basic 
    educational assistance under section 3011 or 3018 of this title 
 who (1) serves five or more consecutive years of active duty in 
 the Armed Forces after the years of active duty counted under section 
3011(a)(1) of this title without a break in such service; and (2) after 
       completion of the service described in clause (1) of this 
   subsection (A) is discharged from service with an honorable 
 discharge, is placed on the retired list, is transferred to the Fleet 
 Reserve or Fleet Marine Corps Reserve, or is placed on the temporary 
 disability retired list; (B) continues on active duty without a break 
in service; or (C) is released from active duty for further service in 
 a reserve component of the Armed Forces after service on active duty 
characterized by the Secretary concerned as honorable service. (b) The 
 Secretary concerned, pursuant to regulations to be prescribed by the 
   Secretary of Defense, may provide for the payment of supplemental 
educational assistance under this subchapter to any individual eligible 
  for basic educational assistance under section 3012 or 3018 of this 
title who (1) serves two or more consecutive years of active duty 
   in the Armed Forces after the years of active duty counted under 
section 3012(a)(1) of this title and four or more consecutive years of 
 duty in the Selected Reserve after the years of duty in the Selected 
Reserve counted under such section without a break in service; and (2) 
    after completion of the service described in clause (1) of this 
   subsection (A) is discharged from service with an honorable 
 discharge, is placed on the retired list, is transferred to the Fleet 
 Reserve or Fleet Marine Corps Reserve, or is placed on the temporary 
  disability retired list; or (B) continues on active duty or in the 
Selected Reserve. (c) Continuity of service of a member in the Selected 
Reserve for purposes of subsection (b)(1) of this section shall not be 
considered to be broken (1) by any period of time (not to exceed a 
  maximum period prescribed by the Secretary concerned by regulation) 
 during which the member is not able to locate a unit of the Selected 
Reserve of the members Armed Force that the member is eligible 
to join or that has a vacancy; or (2) by any other period of time (not 
  to exceed a maximum period prescribed by the Secretary concerned by 
 regulation) during which the member is not attached to a unit of the 
Selected Reserve that the Secretary concerned, pursuant to regulations, 
   considers to be inappropriate to consider for such purpose. (d) A 
   period of active duty or duty in the Selected Reserve that occurs 
 before the period of duty by which the individual concerned qualifies 
  for basic educational assistance may not be counted for purposes of 
this section. (Added Pub. L. 98525, title VII, Sec. 702(a)(1), 
       Oct. 19, 1984, 98 Stat. 2558, Sec. 1421; amended Pub. L. 
 99576, title III, Sec. 321(5), (6), Oct. 28, 1986, 100 Stat. 
3278; Pub. L. 100689, title I, Sec. 103(b)(5), Nov. 18, 1988, 
 102 Stat. 4166; Pub. L. 101237, title IV, Sec. 423(b)(4)(B), 
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3021 and amended Pub. L. 
  10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 
 3022. Amount of supplemental educational assistance (a) The amount of 
  payment of educational assistance under this chapter is subject to 
    section 3032 of this title. Except as otherwise provided under 
  subsection (b) of this section, supplemental educational assistance 
 under section 3021 of this title shall be paid (1) at a monthly 
  rate of $300 for an approved program of education pursued on a full-
  time basis; or (2) at an appropriately reduced rate, as determined 
under regulations which the Secretary shall prescribe, for an approved 
program of education pursued on less than a full-time basis. (b) In the 
 case of a member of the Armed Forces for whom the Secretary concerned 
has provided for the payment of supplemental educational assistance who 
    has a skill or specialty designated by the Secretary concerned, 
 pursuant to regulations to be prescribed by the Secretary of Defense, 
   as a skill or specialty in which there is a critical shortage of 
 personnel, the Secretary concerned, pursuant to such regulations, may 
increase the rate of the supplemental educational assistance allowance 
   applicable to such individual to such rate in excess of the rate 
   prescribed under subsection (a) of this section as the Secretary 
 concerned considers appropriate, but the amount of any such increase 
  may not exceed $300 per month. (Added Pub. L. 98525, title 
 VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2559, Sec. 1422; amended 
Pub. L. 100689, title I, Sec. 111(a)(5)(B), Nov. 18, 1988, 102 
   Stat. 4171; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), 
(4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3022 and amended 
  Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
406.) ' 3023. Payment of supplemental educational assistance under this 
 subchapter The Secretary shall increase the monthly basic educational 
     assistance allowance paid to an individual who is entitled to 
   supplemental educational assistance under this subchapter by the 
monthly amount of the supplemental educational assistance to which the 
individual is entitled. (Added Pub. L. 98525, title VII, Sec. 
  702(a)(1), Oct. 19, 1984, 98 Stat. 2560, Sec. 1423; amended Pub. L. 
101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
2092; renumbered Sec. 3023, Pub. L. 10283, Sec. 5(a), Aug. 6, 
  1991, 105 Stat. 406.) SUBCHAPTER IVTIME LIMITATION FOR USE OF 
 ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS ' 
3031. Time limitation for use of eligibility and entitlement (a) Except 
 as provided in subsections (b) through (g), and subject to subsection 
(h), of this section, the period during which an individual entitled to 
        educational assistance under this chapter may use such 
  individuals entitlement expires at the end of the 10-year 
    period beginning on the date of such individuals last 
discharge or release from active duty, except that such 10-year period 
shall begin (1) in the case of an individual who becomes entitled 
  to such assistance under clause (A) or (B) of section 3012(a)(1) of 
this title, on the later of the date of such individuals last 
  discharge or release from active duty or the date on which the four-
year requirement described in clause (A)(ii) or (B)(ii), respectively, 
of such section 3012(a)(1) is met; (2) in the case of an individual who 
becomes entitled to such assistance under section 3011(a)(1)(B), on the 
   later of the date of such individuals last discharge or 
release from active duty or January 1, 1990; and (3) in the case of an 
   individual who becomes entitled to such assistance under section 
3011(a)(1)(C) or 3012(a)(1)(C) of this title, on December 27, 2001. (b) 
   In the case of any eligible individual who has been prevented, as 
determined by the Secretary, from pursuing a program of education under 
this chapter within the 10-year period prescribed by subsection (a) of 
    this section because such individual had not met the nature of 
    discharge requirement of this chapter before the nature of such 
 individuals discharge or release was changed by appropriate 
authority, such 10-year period shall not run during the period of time 
  that such individual was so prevented from pursuing such program of 
 education. (c) In the case of an individual eligible for educational 
    assistance under the provisions of this chapter who, after such 
 individuals last discharge or release from active duty, was 
detained by a foreign government or power, the 10-year period described 
    in subsection (a) of this section shall not run (1) while such 
    individual is so detained, or (2) during any period immediately 
following such individuals release from such detention during 
   which such individual is hospitalized at a military, civilian, or 
Department of Veterans Affairs medical facility. (d)(1) In the case of 
 an individual eligible for educational assistance under this chapter 
who is prevented from pursuing the individuals chosen program 
of education before the expiration of the 10-year period for the use of 
entitlement under this chapter otherwise applicable under this section 
 because of a physical or mental disability which is not the result of 
     the individuals own willful misconduct, such 10-year 
 period (A) shall not run during the period the individual is so 
prevented from pursuing such program; and (B) shall again begin running 
  on the first day after the individuals recovery from such 
  disability on which it is reasonably feasible, as determined under 
regulations prescribed by the Secretary, for the individual to initiate 
or resume pursuit of a program of education with educational assistance 
under this chapter. (2)(A) Subject to subparagraph (B), in the case of 
 an individual eligible for educational assistance under this chapter 
who is prevented from pursuing the individuals chosen program 
of education before the expiration of the 10-year period for the use of 
entitlement under this chapter otherwise applicable under this section 
 by reason of acting as the primary provider of personal care services 
 for a veteran or member of the Armed Forces under section 1720G(a) of 
   this title, such 10-year period (i) shall not run during the 
 period the individual is so prevented from pursuing such program; and 
 (ii) shall again begin running on the first day after the date of the 
recovery of the veteran or member from the injury, or the date on which 
   the individual ceases to be the primary provider of personal care 
 services for the veteran or member, whichever is earlier, on which it 
    is reasonably feasible, as so determined, for the individual to 
 initiate or resume pursuit of a program of education with educational 
  assistance under this chapter. (B) Subparagraph (A) shall not apply 
 with respect to the period of an individual as a primary provider of 
 personal care services if the period concludes with the revocation of 
 the individuals designation as such a primary provider under 
  section 1720G(a)(7)(D) of this title. (e)(1) Except as provided in 
    paragraph (2) of this subsection, in the case of an individual 
 described in section 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or 
   3012(a)(1)(C) of this title who is entitled to basic educational 
    assistance under this chapter, the 10-year period prescribed in 
 subsection (a) of this section shall be reduced by an amount of time 
  equal to the amount of time that such individual was not serving on 
active duty during the period beginning on January 1, 1977, and ending 
 on June 30, 1985. (2) In the case of an individual to which paragraph 
 (1) of this subsection is applicable and who is described in section 
     3452(a)(1)(B) of this title, the 10-year period prescribed in 
 subsection (a) of this section shall not be reduced by any period in 
 1977 before the individual began serving on active duty. (f)(1) If an 
 individual eligible for educational assistance under this chapter is 
  enrolled under this chapter in an educational institution regularly 
   operated on the quarter or semester system and the period of such 
   individuals entitlement under this chapter would, under 
section 3013, expire during a quarter or semester, such period shall be 
 extended to the end of such quarter or semester. (2) If an individual 
  eligible for educational assistance under this chapter is enrolled 
under this chapter in an educational institution not regularly operated 
       on the quarter or semester system and the period of such 
   individuals entitlement under this chapter would, under 
section 3013, expire after a major portion of the course is completed, 
such period shall be extended to the end of the course or for 12 weeks, 
  whichever is the lesser period of extension. (g) In the case of an 
 individual described in section 3011(f)(3) of this title, the period 
     during which that individual may use the individuals 
entitlement to educational assistance allowance expires on the last day 
  of the 10-year period beginning on the date of the enactment of the 
Veterans Millennium Health Care and Benefits Act if that date is later 
  than the date that would otherwise be applicable to that individual 
under this section. (h) For purposes of subsection (a) of this section, 
  an individuals last discharge or release from active duty 
shall not include any discharge or release from a period of active duty 
   of less than 90 days of continuous service unless the individual 
involved is discharged or released for a service-connected disability, 
  for a medical condition which preexisted such service and which the 
 Secretary determines is not service connected, for hardship, or as a 
        result of a reduction in force as described in section 
 3011(a)(1)(A)(ii)(III) of this title. (Added Pub. L. 98525, 
  title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, Sec. 1431; 
 amended Pub. L. 99576, title III, Sec. 307(b), 321(7), Oct. 
28, 1986, 100 Stat. 3270, 3278; Pub. L. 100689, title I, Sec. 
  111(a)(6), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101237, 
 title IV, Sec. 420(a)(1), (b), 423(a)(4), (b)(1), Dec. 18, 1989, 103 
Stat. 2087, 2088, 2091, 2092; renumbered Sec. 3031 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 102568, title III, Sec. 302(a)(3), Oct. 29, 1992, 106 Stat. 
 4327; Pub. L. 106117, title VII, Sec. 702(b), Nov. 30, 1999, 
113 Stat. 1583; Pub. L. 107103, title I, Sec. 105(c), Dec. 27, 
     2001, 115 Stat. 983; Pub. L. 107330, title III, Sec. 
  308(g)(10), Dec. 6, 2002, 116 Stat. 2829; Pub. L. 111 377, 
     title II, Sec. 201(a), Jan. 4, 2011, 124 Stat. 4122.) ' 3032. 
 Limitations on educational assistance for certain individuals (a) In 
the case of an individual entitled to educational assistance under this 
chapter who is pursuing a program of education (1) while on active 
duty; or (2) on less than a half-time basis, the amount of the monthly 
educational assistance allowance payable to such individual under this 
chapter is the amount determined under subsection (b) of this section. 
 (b) The amount of the educational assistance allowance payable to an 
individual described in subsection (a) of this section is the least of 
 the following: (1) the amount of the educational assistance allowance 
   otherwise payable to such individual under this chapter, (2) the 
     established charges for tuition and fees that the educational 
   institution involved requires similarly circumstanced nonveterans 
 enrolled in the same program to pay, or (3) the amount of the charges 
of the educational institution elected by the individual under section 
3014(b)(1) of this title. (c)(1) Except as provided in paragraph (2) of 
   this subsection, the amount of the monthly educational assistance 
  allowance payable to an individual pursuing a full-time program of 
apprenticeship or other on-job training under this chapter is (A) 
for each of the first six months of the individuals pursuit of 
    such program, 75 percent of the monthly educational assistance 
allowance otherwise payable to such individual under this chapter; (B) 
 for each of the second six months of the individuals pursuit 
  of such program, 55 percent of such monthly educational assistance 
allowance; and (C) for each of the months following the first 12 months 
of the individuals pursuit of such program, 35 percent of such 
monthly educational assistance allowance. (2) In any month in which an 
 individual pursuing a program of education consisting of a program of 
apprenticeship or other on-job training fails to complete 120 hours of 
   training, the amount of monthly educational assistance allowance 
 payable under this chapter to the individual shall be limited to the 
 same proportion of the applicable rate determined under paragraph (1) 
  of this subsection as the number of hours worked during such month, 
 rounded to the nearest eight hours, bears to 120 hours. (3)(A) Except 
as provided in subparagraph (B) of this paragraph, for each month that 
an individual is paid a monthly educational assistance allowance under 
 this chapter, the individuals entitlement under this chapter 
 shall be charged at the rate of (i) 75 percent of a month in the 
   case of payments made in accordance with paragraph (1)(A) of this 
subsection; (ii) 55 percent of a month in the case of payments made in 
   accordance with paragraph (1)(B) of this subsection; and (iii) 35 
  percent of a month in the case of payments made in accordance with 
    paragraph (1)(C) of this subsection. (B) Any such charge to the 
 individuals entitlement shall be reduced proportionately in 
 accordance with the reduction in payment under paragraph (2) of this 
    subsection. (d)(1)(A) The amount of the educational assistance 
 allowance payable under this chapter to an individual who enters into 
    an agreement to pursue, and is pursuing, a program of education 
 exclusively by correspondence is an amount equal to 55 percent of the 
 established charge which the institution requires nonveterans to pay 
for the course or courses pursued by such individual. (B) For purposes 
          of this paragraph, the term established 
 charge means the lesser of (i) the charge for 
 the course or courses determined on the basis of the lowest extended 
   time payment plan offered by the institution and approved by the 
 appropriate State approving agency; or (ii) the actual charge to the 
individual for such course or courses. (2) Such allowance shall be paid 
    quarterly on a pro rata basis for the lessons completed by the 
 individual and serviced by the institution. (3) In each case in which 
the rate of payment to an individual is determined under paragraph (1) 
of this subsection, the period of entitlement of such individual under 
this chapter shall be charged at the rate of one month for each payment 
of educational assistance to the individual that is equal to the amount 
  of monthly educational assistance the individual would otherwise be 
 eligible to receive for full-time pursuit of an institutional course 
   under this chapter. (e)(1) Notwithstanding subsection (a) of this 
    section, each individual who is pursuing a program of education 
   consisting exclusively of flight training approved as meeting the 
    requirements of section 3034(d) of this title shall be paid an 
educational assistance allowance under this chapter in the amount equal 
  to 60 percent of the established charges for tuition and fees which 
similarly circumstanced nonveterans enrolled in the same flight course 
  are required to pay. (2) No educational assistance allowance may be 
  paid under this chapter to an individual for any month during which 
     such individual is pursuing a program of education consisting 
 exclusively of flight training until the Secretary has received from 
     that individual and the institution providing such training a 
certification of the flight training received by the individual during 
 that month and the tuition and other fees charged for that training. 
  (3) The number of months of entitlement charged in the case of any 
  individual for a program of education described in paragraph (1) of 
 this subsection shall be equal to the number (including any fraction) 
determined by dividing the total amount of educational assistance paid 
  such individual for such program by the monthly rate of educational 
  assistance which, except for paragraph (1) of this subsection, such 
  individual would otherwise be paid under subsection (a)(1), (b)(1), 
 (d), or (e)(1) of section 3015 of this title, as the case may be. (4) 
The number of solo flying hours for which an individual may be paid an 
 educational assistance allowance under this subsection may not exceed 
    the minimum number of solo flying hours required by the Federal 
Aviation Administration for the flight rating or certification which is 
the goal of the individuals flight training. (f)(1) Subject to 
paragraph (3), the amount of educational assistance payable under this 
  chapter for a licensing or certification test described in section 
 3452(b) of this title is the lesser of $2,000 or the fee charged for 
 the test. (2) The number of months of entitlement charged in the case 
of any individual for such licensing or certification test is equal to 
 the number (including any fraction) determined by dividing the total 
amount of educational assistance paid such individual for such test by 
  the full-time monthly institutional rate of educational assistance 
  which, except for paragraph (1), such individual would otherwise be 
paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of 
   this title, as the case may be. (3) In no event shall payment of 
educational assistance under this subsection for such a test exceed the 
  amount of the individuals available entitlement under this 
  chapter. (g)(1) Subject to paragraph (3), the amount of educational 
assistance payable under this chapter for a national test for admission 
    or national test providing an opportunity for course credit at 
 institutions of higher learning described in section 3452(b) of this 
title is the amount of the fee charged for the test. (2) The number of 
months of entitlement charged in the case of any individual for a test 
   described in paragraph (1) is equal to the number (including any 
   fraction) determined by dividing the total amount of educational 
assistance paid such individual for such test by the full-time monthly 
institutional rate of educational assistance, except for paragraph (1), 
   such individual would otherwise be paid under subsection (a)(1), 
 (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may 
be. (3) In no event shall payment of educational assistance under this 
 subsection for a test described in paragraph (1) exceed the amount of 
  the individuals available entitlement under this chapter. 
  (Added Pub. L. 98525, title VII, Sec. 702(a)(1), Oct. 19, 
 1984, 98 Stat. 2561, Sec. 1432; amended Pub. L. 99576, title 
III, Sec. 301(b), (d)(1), Oct. 28, 1986, 100 Stat. 3267, 3268; Pub. L. 
 100689, title I, Sec. 108(a)(2), 111(a)(7)(A), (8), Nov. 18, 
  1988, 102 Stat. 4169, 4172; Pub. L. 101237, title IV, Sec. 
422(a)(2), Dec. 18, 1989, 103 Stat. 2089; Pub. L. 10216, Sec. 
10(a)(3), Mar. 22, 1991, 105 Stat. 55; renumbered Sec. 3032 and amended 
Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
  Pub. L. 102568, title III, Sec. 310(a), Oct. 29, 1992, 106 
Stat. 4329; Pub. L. 103 446, title XII, Sec. 1201(d)(6), Nov. 
2, 1994, 108 Stat. 4684; Pub. L. 104275, title I, Sec. 105(a), 
 Oct. 9, 1996, 110 Stat. 3327; Pub. L. 106419, title I, Sec. 
 122(b)(1), Nov. 1, 2000, 114 Stat. 1833; Pub. L. 10714, Sec. 
7(b)(2)(B), June 5, 2001, 115 Stat. 32; Pub. L. 108454, title 
   I, Sec. 106(b)(1), Dec. 10, 2004, 118 Stat. 3602.) ' 3033. Bar to 
  duplication of educational assistance benefits (a)(1) An individual 
entitled to educational assistance under a program established by this 
chapter who is also eligible for educational assistance under a program 
under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 
   of title 10, or under the Hostage Relief Act of 1980 (Public Law 
 96449; 5 U.S.C. 5561 note) may not receive assistance under 
two or more of such programs concurrently but shall elect (in such form 
   and manner as the Secretary may prescribe) under which program to 
     receive educational assistance. (2) An individual entitled to 
 educational assistance under chapter 34 of this title may not receive 
 assistance under this chapter before January 1, 1990. (b) A period of 
service counted for purposes of repayment under chapter 109 of title 10 
     of an education loan may not also be counted for purposes of 
   entitlement to educational assistance under this chapter. (c) An 
 individual who serves in the Selected Reserve may not receive credit 
for such service under two or more of the programs established by this 
chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 
   10 but shall elect (in such form and manner as the Secretary may 
prescribe) the program to which such service is to be credited. (Added 
 Pub. L. 98525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2561, Sec. 1433; amended Pub. L. 99576, title III, Sec. 
306, Oct. 28, 1986, 100 Stat. 3269; Pub. L. 101237, title IV, 
       Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 
10216, Sec. 10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered 
 Sec. 3033, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
  406; Pub. L. 110252, title V, Sec. 5003(b)(1)(A), June 30, 
2008, 122 Stat. 2375.) ' 3034. Program administration (a)(1) Except as 
 otherwise provided in this chapter, the provisions of sections 3470, 
    3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the 
 provisions of subchapters I and II of chapter 36 of this title (with 
the exception of sections 3680(c), 3680(f), 3686(a), and 3687) shall be 
   applicable to the provision of educational assistance under this 
 chapter. (2) The term eligible veteran, 
 as used in the provisions of the sections enumerated in paragraph (1) 
  of this subsection, shall be deemed to include an individual who is 
    eligible for educational assistance under this chapter. (3) The 
Secretary may, without regard to the application to this chapter of so 
 much of the provisions of section 3471 of this title as prohibit the 
 enrollment of an eligible veteran in a program of education in which 
  the veteran is already qualified, and 
pursuant to such regulations as the Secretary shall prescribe, approve 
   the enrollment of such individual in refresher courses (including 
   courses which will permit such individual to update knowledge and 
   skills or be instructed in the technological advances which have 
  occurred in the individuals field of employment during and 
 since the period of such veterans active military service), 
   deficiency courses, or other preparatory or special education or 
   training courses necessary to enable the individual to pursue an 
   approved program of education. (b) Regulations prescribed by the 
Secretary of Defense under this chapter shall be uniform for the Armed 
     Forces under the jurisdiction of the Secretary of a military 
department. (c) Payment of educational assistance allowance in the case 
 of an eligible individual pursuing a program of education under this 
  chapter on less than a half-time basis shall be made in a lump-sum 
  amount for the entire quarter, semester, or term not later than the 
    last day of the month immediately following the month in which 
 certification is received from the educational institution that such 
     individual has enrolled in and is pursuing a program at such 
   institution. Such lump-sum payment shall be computed at the rate 
 determined under section 3032(b) of this title. (d) The Secretary may 
  approve the pursuit of flight training (in addition to a course of 
  flight training that may be approved under section 3680A(b) of this 
title) by an individual entitled to basic educational assistance under 
    this chapter if (1) such training is generally accepted as 
 necessary for the attainment of a recognized vocational objective in 
  the field of aviation; (2) the individual possesses a valid private 
pilot certificate and meets, on the day the individual begins a course 
of flight training, the medical requirements necessary for a commercial 
 pilot certificate; and (3) the flight school courses are approved by 
  the Federal Aviation Administration and are offered by a certified 
  pilot school that possesses a valid Federal Aviation Administration 
 pilot school certificate. (e)(1) In the case of a member of the Armed 
  Forces who participates in basic educational assistance under this 
   chapter, the Secretary shall furnish the information described in 
  paragraph (2) to each such member. The Secretary shall furnish such 
 information as soon as practicable after the basic pay of the member 
   has been reduced by $1,200 in accordance with section 3011(b) or 
  3012(c) of this title and at such additional times as the Secretary 
 determines appropriate. (2) The information referred to in paragraph 
     (1) is information with respect to the benefits, limitations, 
    procedures, eligibility requirements (including time-in-service 
  requirements), and other important aspects of the basic educational 
assistance program under this chapter, including application forms for 
such basic educational assistance under section 5102 of this title. (3) 
 The Secretary shall furnish the forms described in paragraph (2) and 
   other educational materials to educational institutions, training 
  establishments, and military education personnel, as the Secretary 
      determines appropriate. (4) The Secretary shall use amounts 
appropriated for readjustment benefits to carry out this subsection and 
section 5102 of this title with respect to application forms under that 
  section for basic educational assistance under this chapter. (Added 
 Pub. L. 98525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2562, Sec. 1434; amended Pub. L. 99576, title III, Sec. 
 301(c), 302, 305, 308(a), Oct. 28, 1986, 100 Stat. 32683270; 
 Pub. L. 100689, title I, Sec. 106(a), 111(a)(7)(B), Nov. 18, 
  1988, 102 Stat. 4166, 4172; Pub. L. 101237, title IV, Sec. 
  415(b), 422(a)(1), 423(a)(5)(A), (6), (b)(1)(A), Dec. 18, 1989, 103 
  Stat. 2086, 2088, 2091, 2092; Pub. L. 10216, Sec. 2(b)(2), 
 Mar. 22, 1991, 105 Stat. 49; renumbered Sec. 3034 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 102568, title III, Sec. 313(a)(4), Oct. 29, 1992, 106 Stat. 
4332; Pub. L. 103446, title VI, Sec. 601(a), Nov. 2, 1994, 108 
  Stat. 4670; Pub. L. 105368, title II, Sec. 204(a), 206(a), 
Nov. 11, 1998, 112 Stat. 3327; Pub. L. 111377, title II, Sec. 
  203(a)(2)(A), Jan. 4, 2011, 124 Stat. 4125.) ' 3035. Allocation of 
administration and of program costs (a) Except to the extent otherwise 
   specifically provided in this chapter, the educational assistance 
   programs established by this chapter shall be administered by the 
Department of Veterans Affairs. (b)(1) Except to the extent provided in 
  paragraphs (2), (3), and (4), payments for entitlement earned under 
subchapter II of this chapter shall be made from funds appropriated to, 
 or otherwise available to, the Department of Veterans Affairs for the 
   payment of readjustment benefits and from transfers from the Post-
      Vietnam Era Veterans Education Account pursuant to section 
3232(b)(2)(B) of this title. (2) Payments for entitlement earned under 
subchapter II of this chapter that is established under section 3015(d) 
    of this title at a rate in excess of the rate prescribed under 
   subsection (a) or (b) of section 3015 of this title shall, to the 
extent of that excess, be made from the Department of Defense Education 
   Benefits Fund established under section 2006 of title 10 or from 
    appropriations made to the Department of Homeland Security, as 
  appropriate. (3) Payment for entitlements established under section 
3018A or 3018B of this title shall be made (A) except as provided 
in subparagraphs (B) and (C) of this paragraph, from the Department of 
Defense Education Benefits Fund established under section 2006 of title 
10; (B) in the case of any individual described in section 3018A(a)(3), 
      3018B(a)(1)(C), or 3018B(a)(2)(C) of this title, from funds 
  appropriated, or otherwise available, to the Department of Veterans 
 Affairs for the payment of readjustment benefits; and (C) in the case 
 of the increase in payments made under section 3015(f) of this title, 
   from the Post-Vietnam Era Veterans Education Account established 
pursuant to section 3222(a) of this title. (4) Payments attributable to 
the increased usage of benefits as a result of transfers of entitlement 
to basic educational assistance under section 3020 of this title shall 
    be made from the Department of Defense Education Benefits Fund 
established under section 2006 of title 10 or from appropriations made 
 to the Department of Transportation, as appropriate. (c) Payments for 
 educational assistance provided under sub-chapter III of this chapter 
 shall be made from the Department of Defense Education Benefits Fund 
established under section 2006 of title 10 or from appropriations made 
 to the Department of Homeland Security, as appropriate. (d) Funds for 
the payment by the Secretary of benefits under this chapter that are to 
be paid from the Department of Defense Education Benefits Fund shall be 
  transferred to the Department of Veterans Affairs from such Fund as 
necessary and in accordance with agreements entered into under section 
 2006 of title 10 by the Secretary, the Secretary of Defense, and the 
 Secretary of the Treasury. Funds for the payment by the Secretary of 
  benefits under this chapter that are to be paid from appropriations 
made to the Department of Homeland Security shall be transferred to the 
  Department of Veterans Affairs as necessary. The Secretary and the 
 Secretary of Homeland Security shall enter into an agreement for the 
    manner in which such transfers are to be made. (e) Payments for 
tutorial assistance benefits under section 3019 of this title shall be 
made (1) in the case of the first $600 of such benefits paid to an 
  individual, from funds appropriated, or otherwise available, to the 
    Department of Veterans Affairs for the payment of readjustment 
  benefits; and (2) in the case of payments to an individual for such 
   benefits in excess of $600, from (A) funds appropriated, or 
  otherwise available, to the Department of Veterans Affairs for the 
    payment of readjustment benefits; (B) the Department of Defense 
Education Benefits Fund established under section 2006 of title 10; and 
 (C) funds appropriated to the Department of Homeland Security, in the 
 same proportion as the Fund described in subclause (B) of this clause 
and the funds described in subclause (A) or (C) of this clause are used 
  to pay the educational assistance allowance to the individual under 
this chapter. (Added Pub. L. 98525, title VII, Sec. 702(a)(1), 
       Oct. 19, 1984, 98 Stat. 2562, Sec. 1435; amended Pub. L. 
99576, title III, Sec. 321(8), Oct. 28, 1986, 100 Stat. 3278; 
 Pub. L. 100689, title I, Sec. 107(a)(2), Nov. 18, 1988, 102 
 Stat. 4168; Pub. L. 101 237, title IV, Sec. 423(b)(1), Dec. 
  18, 1989, 103 Stat. 2092; Pub. L. 101510, div. A, title V, 
Sec. 561(b)(3), Nov. 5, 1990, 104 Stat. 1573; renumbered Sec. 3035 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
     Stat. 406; Pub. L. 102 484, div. D, title XLIV, Sec. 
 4404(b)(3), Oct. 23, 1992, 106 Stat. 2706; Pub. L. 103 446, 
   title XII, Sec. 1201(d)(7), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 
104275, title I, Sec. 106(c)(2), Oct. 9, 1996, 110 Stat. 3329; 
 Pub. L. 107296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 
  Stat. 2315; Pub. L. 107314, div. A, title VI, Sec. 643(b), 
Dec. 2, 2002, 116 Stat. 2577; Pub. L. 107330, title III, Sec. 
308(c)(1), Dec. 6, 2002, 116 Stat. 2827.) ' 3036. Reporting requirement 
  (a) The Secretary of Defense and the Secretary shall submit to the 
    Congress at least once every two years separate reports on the 
    operation of the program provided for in this chapter. (b) The 
Secretary of Defense shall include in each report submitted under this 
  section (1) information indicating (A) the extent to which the 
benefit levels provided under this chapter are adequate to achieve the 
   purposes of inducing individuals to enter and remain in the Armed 
 Forces and of providing an adequate level of financial assistance to 
 help meet the cost of pursuing a program of education, (B) whether it 
 is necessary for the purposes of maintaining adequate levels of well-
  qualified active-duty personnel in the Armed Forces to continue to 
offer the opportunity for educational assistance under this chapter to 
   individuals who have not yet entered active-duty service, and (C) 
describing the efforts under sections 3011(i) and 3012(g) of this title 
     to inform members of the Armed Forces of the minimum service 
 requirements for entitlement to educational assistance benefits under 
     this chapter and the results from such efforts; and (2) such 
 recommendations for administrative and legislative changes regarding 
the provision of educational assistance to members of the Armed Forces 
    and veterans, and their dependents, as the Secretary of Defense 
 considers appropriate. (c) The Secretary shall include in each report 
submitted under this section (1) information concerning the level 
of utilization of educational assistance and of expenditures under this 
     chapter; and (2) such recommendations for administrative and 
 legislative changes regarding the provision of educational assistance 
 to members of the Armed Forces and veterans, and their dependents, as 
 the Secretary considers appropriate. (d) No report shall be required 
       under this section after January 1, 2011. (Added Pub. L. 
  98525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 
   2563, Sec. 1436; amended Pub. L. 101237, title IV, Sec. 
 423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 
 3036, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; 
  Pub. L. 105368, title II, Sec. 207(c), Nov. 11, 1998, 112 
Stat. 3328; Pub. L. 106419, title IV, Sec. 403(c)(4), Nov. 1, 
  2000, 114 Stat. 1864; Pub. L. 109444, Sec. 4(b), Dec. 21, 
2006, 120 Stat. 3308; Pub. L. 109461, title III, Sec. 305(b), 
title X, Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3428, 3468.) CHAPTER 31 
OF TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
       BENEFITS xPART IIIREADJUSTMENT AND RELATED 
   BENEFITS CHAPTER 31TRAINING AND REHABILITATION FOR 
VETERANS WITH SERVICE-CONNECTED DISABILITIES Sec. 3100. Purposes. 3101. 
  Definitions. 3102. Basic entitlement. 3103. Periods of eligibility. 
       3104. Scope of services and assistance. 3105. Duration of 
   rehabilitation programs. 3106. Initial and extended evaluations; 
      determinations regarding serious employment handicap. 3107. 
Individualized vocational rehabilitation plan. 3108. Allowances. 3109. 
Entitlement to independent living services and assistance. 3110. Leaves 
   of absence. 3111. Regulations to promote satisfactory conduct and 
       cooperation. 3112. Revolving fund loans. 3113. Vocational 
    rehabilitation for hospitalized members of the Armed Forces and 
 veterans. 3114. Vocational rehabilitation outside the United States. 
   3115. Rehabilitation resources. 3116. Promotion of employment and 
 training opportunities. 3117. Employment assistance. 3118. Personnel 
    training, development, and qualifications. 3119. Rehabilitation 
  research and special projects. 3120. Program of independent living 
services and assistance. 3121. Veterans Advisory Committee on 
 Rehabilitation. 3122. Longitudinal study of vocational rehabilitation 
programs. ' 3100. Purposes The purposes of this chapter are to provide 
   for all services and assistance necessary to enable veterans with 
service-connected disabilities to achieve maximum independence in daily 
living and, to the maximum extent feasible, to become employable and to 
obtain and maintain suitable employment. (Added Pub. L. 96466, 
    title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2172, Sec. 1500; 
renumbered Sec. 3100, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
     105 Stat. 406.) ' 3101. Definitions For the purposes of this 
           chapter (1) The term employment 
     handicap means an impairment, resulting in 
 substantial part from a disability described in section 3102(1)(A) of 
 this title, of a veterans ability to prepare for, obtain, or 
  retain employment consistent with such veterans abilities, 
  aptitudes, and interests. (2) The term independence in 
daily living means the ability of a veteran, without 
 the services of others or with a reduced level 441 of the services of 
 others, to live and function within such veterans family and 
            community. (3) The term program of 
education has the meaning provided in section 3452(b) 
 of this title. (4) The term program of independent living 
  services and assistance includes (A) the services 
  provided for in this chapter that are needed to enable a veteran to 
   achieve independence in daily living, including such counseling, 
diagnostic, medical, social, psychological, and educational services as 
   are determined by the Secretary to be needed for such veteran to 
 achieve maximum independence in daily living, and (B) the assistance 
       authorized by this chapter for such veteran. (5) The term 
               rehabilitated to the point of 
    employability means rendered employable in an 
   occupation for which a vocational rehabilitation program has been 
 provided under this chapter. (6) The term rehabilitation 
    program means (A) a vocational rehabilitation 
program, or (B) a program of independent living services and assistance 
 authorized under section 3120 of this title for a veteran for whom a 
  vocational goal has been determined not to be currently reasonably 
         feasible. (7) The term serious employment 
handicap means a significant impairment, resulting in 
   substantial part from a service-connected disability rated at 10 
percent or more, of a veterans ability to prepare for, obtain, 
or retain employment consistent with such veterans abilities, 
     aptitudes, and interests. (8) The term vocational 
  goal means a gainful employment status consistent 
 with a veterans abilities, aptitudes, and interests. (9) The 
 term vocational rehabilitation program 
 includes (A) the services provided for in this chapter that are 
    needed for the accomplishment of the purposes of this chapter, 
including such counseling, diagnostic, medical, social, psychological, 
 independent living, economic, educational, vocational, and employment 
 services as are determined by the Secretary to be needed (i) in 
the case of a veteran for whom the achievement of a vocational goal has 
  not been determined not to be currently reasonably feasible, (I) to 
  determine whether a vocational goal is reasonably feasible, (II) to 
improve such veterans potential to participate in a program of 
  services designed to achieve a vocational goal, and (III) to enable 
such veteran to achieve maximum independence in daily living, and (ii) 
in the case of a veteran for whom the achievement of a vocational goal 
  is determined to be reasonably feasible, to enable such veteran to 
 become, to the maximum extent feasible, employable and to obtain and 
maintain suitable employment, and (B) the assistance authorized by this 
chapter for a veteran receiving any of the services described in clause 
  (A) of this paragraph. (Added Pub. L. 96466, title I, Sec. 
   101(a), Oct. 17, 1980, 94 Stat. 2172, Sec. 1501; amended Pub. L. 
  99576, title III, Sec. 333(b)(1), Oct. 28, 1986, 100 Stat. 
 3279; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
    1989, 103 Stat. 2092; renumbered Sec. 3101 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
104275, title I, Sec. 101(a), Oct. 9, 1996, 110 Stat. 3323.) ' 
3102. Basic entitlement A person shall be entitled to a rehabilitation 
program under the terms and conditions of this chapter if (1) the 
   person (A) is (i) a veteran who has a service-connected 
disability rated at 20 percent or more which was incurred or aggravated 
  in service on or after September 16, 1940; or (ii) hospitalized or 
    receiving outpatient medical care, services, or treatment for a 
    service-connected disability pending discharge from the active 
military, naval, or air service, and the Secretary determines that 
      (I) the hospital (or other medical facility) providing the 
    hospitalization, care, services, or treatment is doing so under 
  contract or agreement with the Secretary concerned, or is under the 
  jurisdiction of the Secretary of Veterans Affairs or the Secretary 
  concerned; and (II) the person is suffering from a disability which 
   will likely be compensable at a rate of 20 percent or more under 
chapter 11 of this title; and (B) is determined by the Secretary to be 
in need of rehabilitation because of an employment handicap; or (2) the 
  person is a veteran who (A) has a service-connected disability 
 rated at 10 percent which was incurred or aggravated in service on or 
after September 16, 1940; and (B) is determined by the Secretary to be 
  in need of rehabilitation because of a serious employment handicap. 
(Added Pub. L. 96466, title I, Sec. 101(a), Oct. 17, 1980, 94 
Stat. 2173, Sec. 1502; amended Pub. L. 101237, title IV, Sec. 
 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101508, 
  title VIII, Sec. 8021(a), Nov. 5, 1990, 104 Stat. 1388347; 
    Pub. L. 10216, Sec. 3(a), Mar. 22, 1991, 105 Stat. 49; 
renumbered Sec. 3102, Pub. L. 102 83, Sec. 5(a), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 102568, title IV, Sec. 404(a), Oct. 29, 
 1992, 106 Stat. 4338; Pub. L. 104275, title I, Sec. 101(b), 
   Oct. 9, 1996, 110 Stat. 3323.) ' 3103. Periods of eligibility (a) 
 Except as provided in subsection (b), (c), or (d) of this section, a 
  rehabilitation program may not be afforded to a veteran under this 
 chapter after the end of the twelve-year period beginning on the date 
 of such veterans discharge or release from active military, 
   naval, or air service. (b)(1) In any case in which the Secretary 
 determines that a veteran has been prevented from participating in a 
vocational rehabilitation program under this chapter within the period 
 of eligibility prescribed in subsection (a) of this section because a 
 medical condition of such veteran made it infeasible for such veteran 
to participate in such a program, the twelve-year period of eligibility 
   shall not run during the period of time that such veteran was so 
  prevented from participating in such a program, and such period of 
 eligibility shall again begin to run on the first day following such 
     veterans recovery from such condition on which it is 
    reasonably feasible, as determined under regulations which the 
 Secretary shall prescribe, for such veteran to participate in such a 
   program. (2) In any case in which the Secretary determines that a 
     veteran has been prevented from participating in a vocational 
    rehabilitation program under this chapter within the period of 
 eligibility prescribed in subsection (a) of this section because 
(A) such veteran had not met the requirement of a discharge or release 
from active military, naval, or air service under conditions other than 
  dishonorable before (i) the nature of such discharge or release was 
  changed by appropriate authority, or (ii) the Secretary determined, 
 under regulations prescribed by the Secretary, that such discharge or 
   release was under conditions other than dishonorable, or (B) such 
  veterans discharge or dismissal was, under section 5303 of 
  this title, a bar to benefits under this title before the Secretary 
 made a determination that such discharge or dismissal is not a bar to 
  such benefits, the twelve-year period of eligibility shall not run 
   during the period of time that such veteran was so prevented from 
participating in such a program. (3) In any case in which the Secretary 
 determines that a veteran has been prevented from participating in a 
vocational rehabilitation program under this chapter within the period 
  of eligibility prescribed in subsection (a) of this section because 
 such veteran had not established the existence of a service-connected 
   disability rated at 10 percent or more, the twelve-year period of 
    eligibility shall not run during the period such veteran was so 
  prevented from participating in such a program. (c) In any case in 
which the Secretary determines that a veteran is in need of services to 
overcome a serious employment handicap, such veteran may be afforded a 
vocational rehabilitation program after the expiration of the period of 
eligibility otherwise applicable to such veteran if the Secretary also 
 determines, on the basis of such veterans current employment 
     handicap and need for such services, that an extension of the 
applicable period of eligibility is necessary for such veteran and 
  (1) that such veteran had not previously been rehabilitated to the 
   point of employability; (2) that such veteran had previously been 
 rehabilitated to the point of employability but (A) the need for such 
   services had arisen out of a worsening of such veterans 
     service-connected disability that precludes such veteran from 
  performing the duties of the occupation for which such veteran was 
 previously trained in a vocational rehabilitation program under this 
   chapter, or (B) the occupation for which such veteran had been so 
   trained is not suitable in view of such veterans current 
 employment handicap and capabilities; or (3) under regulations which 
   the Secretary shall prescribe, that an extension of the period of 
eligibility of such veteran is necessary to accomplish the purposes of 
a rehabilitation program for such veteran. (d) In any case in which the 
    Secretary has determined that a veterans disability or 
 disabilities are so severe that the achievement of a vocational goal 
 currently is not reasonably feasible, such veteran may be afforded a 
  program of independent living services and assistance in accordance 
with the provisions of section 3120 of this title after the expiration 
 of the period of eligibility otherwise applicable to such veteran if 
   the Secretary also determines that an extension of the period of 
 eligibility of such veteran is necessary for such veteran to achieve 
  maximum independence in daily living. (e) In any case in which the 
      Secretary has determined that a veteran was prevented from 
participating in a vocational rehabilitation program under this chapter 
 within the period of eligibility otherwise prescribed in this section 
as a result of being ordered to serve on active duty under section 688, 
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, such period 
of eligibility shall not run for the period of such active duty service 
plus four months. (Added Pub. L. 96466, title I, Sec. 101(a), 
       Oct. 17, 1980, 94 Stat. 2173, Sec. 1503; amended Pub. L. 
  99576, title III, Sec. 333(b)(2), Oct. 28, 1986, 100 Stat. 
 3279; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
     1989, 103 Stat. 2092; Pub. L. 102 40, title IV, Sec. 
    402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 3103 and 
 amended, Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 103 446, title XII, Sec. 1201(d)(8), Nov. 
2, 1994, 108 Stat. 4684; Pub. L. 104275, title I, Sec. 101(c), 
 Oct. 9, 1996, 110 Stat. 3324; Pub. L. 107103, title I, Sec. 
103(c)(2), Dec. 27, 2001, 115 Stat. 979; Pub. L. 107330, title 
   III, Sec. 308(h), Dec. 6, 2002, 116 Stat. 2829.) ' 3104. Scope of 
services and assistance (a) Services and assistance which the Secretary 
   may provide under this chapter, pursuant to regulations which the 
   Secretary shall prescribe, include the following: (1) Evaluation, 
   including periodic reevaluations as appropriate with respect to a 
veteran participating in a rehabilitation program, of the potential for 
rehabilitation of a veteran, including diagnostic and related services 
 (A) to determine whether the veteran has an employment handicap or a 
serious employment handicap and whether a vocational goal is reasonably 
 feasible for such veteran, and (B) to provide a basis for planning a 
suitable vocational rehabilitation program or a program of services and 
   assistance to improve the vocational rehabilitation potential or 
    independent living status of such veteran, as appropriate. (2) 
   Educational, vocational, psychological, employment, and personal 
     adjustment counseling. (3) An allowance and other appropriate 
  assistance, as authorized by section 3108 of this title. (4) A work-
   study allowance as authorized by section 3485 of this title. (5) 
  Placement services to effect suitable placement in employment, and 
postplacement services to attempt to insure satisfactory adjustment in 
   employment. (6) Personal adjustment and work adjustment training. 
(7)(A) Vocational and other training services and assistance, including 
  individualized tutorial assistance, tuition, fees, books, supplies, 
  handling charges, licensing fees, and equipment and other training 
materials determined by the Secretary to be necessary to accomplish the 
  purposes of the rehabilitation program in the individual case. (B) 
Payment for the services and assistance provided under subparagraph (A) 
of this paragraph shall be made from funds available for the payment of 
readjustment benefits. (8) Loans as authorized by section 3112 of this 
  title. (9) Treatment, care, and services described in chapter 17 of 
     this title. (10) Prosthetic appliances, eyeglasses, and other 
corrective and assistive devices. (11) Services to a veterans 
 family as necessary for the effective rehabilitation of such veteran. 
 (12) For veterans with the most severe service-connected disabilities 
 who require homebound training or self-employment, or both homebound 
     training and self-employment, such license fees and essential 
 equipment, supplies, and minimum stocks of materials as the Secretary 
 determines to be necessary for such a veteran to begin employment and 
 are within the criteria and cost limitations that the Secretary shall 
 prescribe in regulations for the furnishing of such fees, equipment, 
  supplies, and stocks. (13) Travel and incidental expenses under the 
 terms and conditions set forth in section 111 of this title, plus, in 
the case of a veteran who because of such veterans disability 
 has transportation expenses in addition to those incurred by persons 
  not so disabled, a special transportation allowance to defray such 
additional expenses during rehabilitation, job seeking, and the initial 
employment stage. (14) Special services (including services related to 
 blindness and deafness) including (A) language training, speech 
and voice correction, training in ambulation, and one-hand typewriting; 
(B) orientation, adjustment, mobility, reader, interpreter, and related 
services; and (C) telecommunications, sensory, and other technical aids 
  and devices. (15) Services necessary to enable a veteran to achieve 
 maximum independence in daily living. (16) Other incidental goods and 
services determined by the Secretary to be necessary to accomplish the 
   purposes of a rehabilitation program in an individual case. (b) A 
rehabilitation program (including individual courses) to be pursued by 
  a veteran shall be subject to the approval of the Secretary. (Added 
 Pub. L. 96466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 
2174, Sec. 1504; amended Pub. L. 100323, Sec. 11(a)(3)(A), May 
   20, 1988, 102 Stat. 568; Pub. L. 101237, title IV, Sec. 
 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10216, 
Sec. 3(b)(1), Mar. 22, 1991, 105 Stat. 49; Pub. L. 10254, Sec. 
   14(c)(3), June 13, 1991, 105 Stat. 285; renumbered Sec. 3104 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 406; Pub. L. 104275, title I, Sec. 101(d), Oct. 9, 1996, 
110 Stat. 3324.) ' 3105. Duration of rehabilitation programs (a) In any 
case in which the Secretary is unable to determine whether it currently 
is reasonably feasible for a veteran to achieve a vocational goal, the 
 period of extended evaluation under section 3106(c) of this title may 
 not exceed twelve months, except that such period may be extended for 
additional periods of up to six months each if the Secretary determines 
 before granting any such extension that it is reasonably likely that, 
 during the period of any such extension, a determination can be made 
whether the achievement of a vocational goal is reasonably feasible in 
 the case of such veteran. (b) Except as provided in subsection (c) of 
 this section, the period of a vocational rehabilitation program for a 
  veteran under this chapter following a determination of the current 
 reasonable feasibility of achieving a vocational goal may not exceed 
   forty-eight months, except that the counseling and placement and 
postplacement services described in section 3104(a)(2) and (5) of this 
 title may be provided for an additional period not to exceed eighteen 
 months in any case in which the Secretary determines the provision of 
such counseling and services to be necessary to accomplish the purposes 
 of a rehabilitation program in the individual case. (c) The Secretary 
  may extend the period of a vocational rehabilitation program for a 
 veteran to the extent that the Secretary determines that an extension 
    of such period is necessary to enable such veteran to achieve a 
  vocational goal if the Secretary also determines (1) that such 
veteran had previously been rehabilitated to the point of employability 
      but (A) such veterans need for further vocational 
rehabilitation has arisen out of a worsening of such veterans 
     service-connected disability that precludes such veteran from 
performing the duties of the occupation for which such veteran had been 
so rehabilitated, or (B) the occupation for which such veteran had been 
  so rehabilitated is not suitable in view of such veterans 
current employment handicap and capabilities; or (2) under regulations 
 which the Secretary shall prescribe, that such veteran has a serious 
 employment handicap and that an extension of such period is necessary 
    to accomplish the purposes of a rehabilitation program for such 
 veteran. (d)(1) Except as provided in paragraph (2), the period of a 
  program of independent living services and assistance for a veteran 
  under this chapter (following a determination by the Secretary that 
 such veterans disability or disabilities are so severe that 
   the achievement of a vocational goal currently is not reasonably 
  feasible) may not exceed twenty-four months. (2)(A) The period of a 
  program of independent living services and assistance for a veteran 
under this chapter may exceed twenty-four months as follows: (i) If the 
 Secretary determines that a longer period is necessary and likely to 
  result in a substantial increase in the veterans level of 
independence in daily living. (ii) If the veteran served on active duty 
    during the Post-9/ 11 Global Operations period and has a severe 
disability (as determined by the Secretary for purposes of this clause) 
incurred or aggravated in such service. (B) In this paragraph, the term 
Post-9/11 Global Operations period means 
the period of the Persian Gulf War beginning on September 11, 2001, and 
 ending on the date thereafter prescribed by Presidential proclamation 
 or by law. (e)(1) Notwithstanding any other provision of this chapter 
or chapter 36 of this title, any payment of a subsistence allowance and 
   other assistance described in paragraph (2) shall not (A) be 
 charged against any entitlement of any veteran under this chapter; or 
 (B) be counted toward the aggregate period for which section 3695 of 
   this title limits an individuals receipt of allowance or 
  assistance. (2) The payment of the subsistence allowance and other 
   assistance referred to in paragraph (1) is the payment of such an 
allowance or assistance for the period described in paragraph (3) to a 
veteran for participation in a vocational rehabilitation program under 
this chapter if the Secretary finds that the veteran had to suspend or 
discontinue participation in such vocational rehabilitation program as 
 a result of being ordered to serve on active duty under section 688, 
  12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10. (3) The 
period for which, by reason of this subsection, a subsistence allowance 
  and other assistance is not charged against entitlement or counted 
toward the applicable aggregate period under section 3695 of this title 
 shall be the period of participation in the vocational rehabilitation 
program for which the veteran failed to receive credit or with respect 
     to which the veteran lost training time, as determined by the 
 Secretary. (Added Pub. L. 96466, title I, Sec. 101(a), Oct. 
  17, 1980, 94 Stat. 2176, Sec. 1505; amended Pub. L. 99576, 
   title III, Sec. 333(b)(3), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 
101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
  2092; renumbered Sec. 3105 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104275, 
      title I, Sec. 101(e), Oct. 9, 1996, 110 Stat. 3324; Pub. L. 
107103, title I, Sec. 103(c)(1), Dec. 27, 2001, 115 Stat. 979; 
Pub. L. 110389, title III, Sec. 331, Oct. 10, 2008, 122 Stat. 
    4170.) ' 3106. Initial and extended evaluations; determinations 
 regarding serious employment handicap (a) The Secretary shall provide 
any veteran who has a service-connected disability rated at 10 percent 
or more and who applies for benefits under this chapter with an initial 
evaluation consisting of such services described in section 3104(a)(1) 
of this title as are necessary (1) to determine whether such veteran is 
 entitled to and eligible for benefits under this chapter, and (2) in 
the case of a veteran who is determined to be entitled to and eligible 
  for such benefits, to determine (A) whether such veteran has a 
   serious employment handicap, and (B) whether the achievement of a 
vocational goal currently is reasonably feasible for such veteran if it 
  is reasonably feasible to make such determination without extended 
evaluation. (b) In any case in which the Secretary has determined that 
a veteran has a serious employment handicap and that the achievement of 
 a vocational goal currently is reasonably feasible for such veteran, 
   such veteran shall be provided an individualized written plan of 
   vocational rehabilitation developed under section 3107(a) of this 
  title. (c) In any case in which the Secretary has determined that a 
 veteran has a serious employment handicap but the Secretary is unable 
 to determine, in an initial evaluation pursuant to subsection (a) of 
   this section, whether or not the achievement of a vocational goal 
 currently is reasonably feasible, such veteran shall be provided with 
an extended evaluation consisting of the services described in section 
   3104(a)(1) of this title, such services under this chapter as the 
   Secretary determines necessary to improve such veterans 
   potential for participation in a program of services designed to 
 achieve a vocational goal and enable such veteran to achieve maximum 
 independence in daily living, and assistance as authorized by section 
    3108 of this title. (d) In any case in which the Secretary has 
 determined that a veteran has a serious employment handicap and also 
 determines, following such initial and any such extended evaluation, 
   that achievement of a vocational goal currently is not reasonably 
feasible, the Secretary shall determine whether the veteran is capable 
   of participating in a program of independent living services and 
assistance under section 3120 of this title. (e) The Secretary shall in 
     all cases determine as expeditiously as possible whether the 
 achievement of a vocational goal by a veteran currently is reasonably 
 feasible. In the case of a veteran provided extended evaluation under 
  subsection (c) of this section (including any periods of extensions 
  under section 3105(a) of this title), the Secretary shall make such 
  determination not later than the end of such extended evaluation or 
  period of extension, as the case may be. In determining whether the 
achievement of a vocational goal currently is reasonably feasible, the 
 Secretary shall resolve any reasonable doubt in favor of determining 
    that such achievement currently is reasonably feasible. (f) In 
  connection with each period of extended evaluation of a veteran and 
 each rehabilitation program for a veteran who is determined to have a 
serious employment handicap, the Secretary shall assign a Department of 
  Veterans Affairs employee to be responsible for the management and 
   followup of the provision of all services (including appropriate 
coordination of employment assistance under section 3117 of this title) 
   and assistance under this chapter to such veteran. (Added Pub. L. 
  96466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2176, 
 Sec. 1506; amended Pub. L. 99576, title III, Sec. 333(b)(4), 
Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101237, title IV, Sec. 
  423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3106 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 406; Pub. L. 103446, title XII, Sec. 1201(d)(9), Nov. 2, 
1994, 108 Stat. 4684; Pub. L. 104275, title I, Sec. 101(f)(1), 
   Oct. 9, 1996, 110 Stat. 3324.) ' 3107. Individualized vocational 
rehabilitation plan (a) The Secretary shall formulate an individualized 
 written plan of vocational rehabilitation for a veteran described in 
 section 3106(b) of this title. Such plan shall be developed with such 
  veteran and shall include, but not be limited to (1) a statement of 
   long-range rehabilitation goals for such veteran and intermediate 
   rehabilitation objectives related to achieving such goals, (2) a 
 statement of the specific services (which shall include counseling in 
 all cases) and assistance to be provided under this chapter, (3) the 
projected date for the initiation and the anticipated duration of each 
 such service, and (4) objective criteria and an evaluation procedure 
  and schedule for determining whether such objectives and goals are 
 being achieved. (b) The Secretary shall review at least annually the 
plan formulated under subsection (a) of this section for a veteran and 
 shall afford such veteran the opportunity to participate in each such 
review. On the basis of such review, the Secretary shall (1) redevelop 
    such plan with such veteran if the Secretary determines, under 
regulations which the Secretary shall prescribe, that redevelopment of 
such plan is appropriate, or (2) disapprove redevelopment of such plan 
if the Secretary determines, under such regulations, that redevelopment 
 of such plan is not appropriate. (c)(1) Each veteran for whom a plan 
   has been developed or redeveloped under subsection (a) or (b)(1), 
respectively, of this section or in whose case redevelopment of a plan 
has been disapproved under subsection (b)(2) of this section, shall be 
informed of such veterans opportunity for a review as provided 
in paragraph (2) of this subsection. (2) In any case in which a veteran 
 does not agree to such plan as proposed, to such plan as redeveloped, 
 or to the disapproval of redevelopment of such plan, such veteran may 
   submit to the person described in section 3106(f) of this title a 
  written statement containing such veterans objections and 
 request a review of such plan as proposed or redeveloped, or a review 
 of the disapproval of redevelopment of such plan, as the case may be. 
(3) The Secretary shall review the statement submitted under paragraph 
(2) of this subsection and the plan as proposed or as redeveloped, and, 
if applicable, the disapproval of redevelopment of the plan, and render 
a decision on such review not later than ninety days after the date on 
 which such veteran submits such statement, unless the case is one for 
  which a longer period for review, not to exceed 150 days after such 
veteran submits such statement, is allowed under regulations prescribed 
 by the Secretary, in which case the Secretary shall render a decision 
      no later than the last day of the period prescribed in such 
regulations. (Added Pub. L. 96466, title I, Sec. 101(a), Oct. 
 17, 1980, 94 Stat. 2177, Sec. 1507; amended Pub. L. 101237, 
title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered 
 Sec. 3107 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 
    6, 1991, 105 Stat. 406; Pub. L. 104275, title I, Sec. 
101(f)(2)(A), Oct. 9, 1996, 110 Stat. 3325.) ' 3108. Allowances (a)(1) 
Except in the case of a veteran who makes an election under subsection 
 (f) of this section and subject to the provisions of paragraph (3) of 
this subsection, each veteran shall be paid a subsistence allowance in 
    accordance with this section during a period determined by the 
Secretary to be a period of such veterans participation under 
this chapter in a rehabilitation program. (2) In any case in which the 
   Secretary determines, at the conclusion of such veterans 
pursuit of a vocational rehabilitation program under this chapter, that 
such veteran has been rehabilitated to the point of employability, such 
 veteran shall be paid a subsistence allowance, as prescribed in this 
section for full-time training for the type of program that the veteran 
 was pursuing, for two months while satisfactorily following a program 
of employment services provided under section 3104(a)(5) of this title. 
  (3) A subsistence allowance may not be paid under this chapter to a 
veteran for any period during which such veteran is being provided with 
  an initial evaluation under section 3106(a) of this title or during 
   which such veteran is being provided only with counseling or with 
   placement or postplacement services under section 3105(b) of this 
    title. (b)(1) Except as otherwise provided in this section, the 
  Secretary shall determine the subsistence allowance to be paid to a 
  veteran under this chapter in accordance with the following table, 
  which shall be the monthly amount shown in column II, III, IV, or V 
    (whichever is applicable as determined by the veterans 
   dependency status) opposite the appropriate type of program being 
 pursued as specified in column I: (2) With respect to the fiscal year 
beginning on October 1, 1994, the Secretary shall provide a percentage 
   increase in the monthly rates payable under paragraph (1) of this 
 subsection equal to the percentage by which the Consumer Price Index 
(all items, United States city average published by the Bureau of Labor 
Statistics) for the 12-month period ending June 30, 1994, exceeds such 
Consumer Price Index for the 12-month period ending June 30, 1993. (3) 
With respect to any fiscal year beginning on or after October 1, 1995, 
the Secretary shall continue to pay, in lieu of the rates payable under 
paragraph (1) of this subsection, the monthly rates payable under this 
 subsection for the previous fiscal year and shall Column I Column II 
    Column III Column IV Column V Type of program No dependents One 
    dependent Two dependents More than two dependents Institutional 
    training: The amount in column IV, plus the following for each 
 dependent in excess of two: Full-time ........... $366 $454 $535 $39 
     Three-quarter-time. 275 341 400 30 Half-time ........... Farm 
cooperative, apprentice, or other on-job training: 184 228 268 20 Full-
    time ........... Extended evaluation: 320 387 446 29 Full-time 
   ........... Independent living training: 366 454 535 39 Full-time 
........... 366 454 535 39 Three-quarter-time. 275 341 400 30 Half-time 
    ........... 184 228 268 20 provide, for any such fiscal year, a 
percentage increase in such rates equal to the percentage by which 
 (A) the Consumer Price Index (all items, United States city average) 
 for the 12-month period ending on June 30 preceding the beginning of 
   the fiscal year for which the increase is made, exceeds (B) such 
  Consumer Price Index for the 12-month period preceding the 12-month 
   period described in subparagraph (A). (4) A veteran entitled to a 
  subsistence allowance under this chapter and educational assistance 
 under chapter 33 of this title may elect to receive payment from the 
 Secretary in lieu of an amount otherwise determined by the Secretary 
  under this subsection in an amount equal to the applicable monthly 
  amount of basic allowance for housing payable under section 403 of 
title 37 for a member with dependents in pay grade E-5 residing in the 
 military housing area that encompasses all or the majority portion of 
    the ZIP code area in which is located the institution providing 
   rehabilitation program concerned. (c)(1) In any case in which the 
 vocational rehabilitation program for a veteran includes training on 
the job by an employer in any month, such employer shall be required to 
   submit to the Secretary a statement in writing showing any wage, 
  compensation, or other income paid (directly or indirectly) by the 
   employer to such veteran for such month. Based upon such written 
   statement, the Secretary is authorized to reduce the subsistence 
allowance of such veteran to an amount considered equitable and just in 
    accordance with criteria which the Secretary shall establish in 
regulations which the Secretary shall prescribe. (2) A veteran pursuing 
      on-job training or work experience as part of a vocational 
rehabilitation program in a Federal, State, or local government agency 
 or federally recognized Indian tribe under the provisions of section 
 3115(a)(1) of this title without pay or for nominal pay shall be paid 
 the appropriate subsistence allowance rate provided in subsection (b) 
  of this section for an institutional program. (d)(1) The Secretary 
    shall, in accordance with regulations which the Secretary shall 
  prescribe, define full-time and each part-time status for veterans 
  participating in rehabilitation programs under this chapter. (2) A 
 veteran participating in extended evaluation on less than a full-time 
 basis may be paid a proportional subsistence allowance in accordance 
 with regulations which the Secretary shall prescribe. (e) In any case 
     in which a veteran is pursuing a rehabilitation program on a 
    residential basis in a specialized rehabilitation facility, the 
        Secretary may (1) pay to such facility the cost of such 
veterans room and board in lieu of payment to such veteran of 
 the subsistence allowance (not including any portion payable for any 
 dependents) payable under subsection (b) of this section, and (2) pay 
 to such veteran that portion of the allowance for dependents payable, 
   as determined by such veterans dependency status, under 
 subsection (b) of this section for a full-time institutional program. 
(f)(1)(A) In any case in which the Secretary determines that a veteran 
 is eligible for and entitled to rehabilitation under this chapter, to 
    the extent that such veteran has remaining eligibility for and 
entitlement to educational assistance benefits under chapter 30 of this 
 title, such veteran may elect, as part of a vocational rehabilitation 
program under this chapter, to pursue an approved program of education 
  and receive allowances and other forms of assistance equivalent to 
those authorized for veterans enrolled under chapter 30 of this title, 
if the Secretary approves the educational, professional, or vocational 
  objective chosen by such veteran for such program. (B) In the event 
  that such veteran makes such an election, the terms and conditions 
applicable to the pursuit of a comparable program of education and the 
 payment of allowances and provision of assistance under chapter 30 of 
   this title for such a comparable program shall be applied to the 
pursuit of the approved program of education under this chapter. (2) A 
veteran who is receiving an allowance pursuant to paragraph (1) of this 
subsection may not receive any of the services or assistance described 
   in section 3104(a)(3), (7), and (8) of this title (other than an 
     allowance and other assistance under this subsection). (g)(1) 
 Notwithstanding any other provision of this title and subject to the 
    provisions of paragraph (2) of this subsection, no subsistence 
allowance may be paid under this section in the case of any veteran who 
     is pursuing a rehabilitation program under this chapter while 
incarcerated in a Federal, State, local, or other penal institution or 
correctional facility for conviction of a felony. (2) Paragraph (1) of 
   this subsection shall not apply in the case of any veteran who is 
pursuing a rehabilitation program under this chapter while residing in 
     a halfway house or participating in a work-release program in 
  connection with such veterans conviction of a felony. (h) 
   Notwithstanding any other provision of this title, the amount of 
subsistence allowance, or other allowance under subsection (f) of this 
   section, that may be paid to a veteran pursuing a rehabilitation 
 program for any month for which such veteran receives compensation at 
 the rate prescribed in section 1114(j) of this title as the result of 
   hospital treatment (not including post-hospital convalescence) or 
 observation at the expense of the Department of Veterans Affairs may 
  not exceed, when added to any compensation to which such veteran is 
entitled for such month, an amount equal to the greater of (1) the 
 sum of (A) the amount of monthly subsistence or other allowance 
 that would otherwise be paid to such veteran under this section, and 
   (B) the amount of monthly compensation that would be paid to such 
veteran if such veteran were not receiving compensation at such rate as 
the result of such hospital treatment or observation; or (2) the amount 
 of monthly compensation payable under section 1114(j) of this title. 
   (i) Payment of a subsistence allowance may be made in advance in 
accordance with the provisions of section 3680(d) of this title. (Added 
 Pub. L. 96466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 
2178, Sec. 1508; amended Pub. L. 97306, title II, Sec. 205(a), 
 Oct. 14, 1982, 96 Stat. 1434; Pub. L. 98525, title VII, Sec. 
703(a), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 98543, title II, 
Sec. 201, Oct. 24, 1984, 98 Stat. 2740; Pub. L. 101237, title 
 IV, Sec. 402(a), 423(b)(1), Dec. 18, 1989, 103 Stat. 2078, 2092; Pub. 
 L. 10216, Sec. 3(c), Mar. 22, 1991, 105 Stat. 49; renumbered 
 Sec. 3108 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 102568, title IV, Sec. 405(a), 
  (b), Oct. 29, 1992, 106 Stat. 4338, 4339; Pub. L. 103446, 
     title VI, Sec. 602(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 
 104275, title I, Sec. 101(g), Oct. 9, 1996, 110 Stat. 3325; 
  Pub. L. 109461, title X, Sec. 1002(b), Dec. 22, 2006, 120 
 Stat. 3465; Pub. L. 111 377, title II, Sec. 205(a), Jan. 4, 
   2011, 124 Stat. 4126.) ' 3109. Entitlement to independent living 
    services and assistance In any case in which the Secretary has 
determined under section 3106(e) of this title that the achievement of 
 a vocational goal by a veteran currently is not reasonably feasible, 
 such veteran shall be entitled, in accordance with the provisions of 
section 3120 of this title, to a program of independent living services 
   and assistance designed to enable such veteran to achieve maximum 
 independence in daily living. (Added Pub. L. 96466, title I, 
 Sec. 101(a), Oct. 17, 1980, 94 Stat. 2181, Sec. 1509; amended Pub. L. 
  99576, title III, Sec. 333(b)(5), Oct. 28, 1986, 100 Stat. 
 3279; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
    1989, 103 Stat. 2092; renumbered Sec. 3109 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 104275, title I, Sec. 101(f)(2)(B), Oct. 9, 1996, 110 Stat. 
  3325.) ' 3110. Leaves of absence The Secretary shall prescribe such 
 regulations as the Secretary determines necessary for granting leaves 
  of absence to veterans pursuing rehabilitation programs under this 
   chapter. During authorized leaves of absence, a veteran shall be 
considered to be pursuing such program. (Added Pub. L. 96466, 
title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2181, Sec. 1510; amended 
 Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 
  103 Stat. 2092; renumbered Sec. 3110, Pub. L. 10283, Sec. 
  5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3111. Regulations to promote 
satisfactory conduct and cooperation The Secretary shall prescribe such 
rules and regulations as the Secretary determines necessary to promote 
 satisfactory conduct and cooperation on the part of veterans who are 
  pursuing rehabilitation programs under this chapter. In any case in 
 which the Secretary determines that a veteran has failed to maintain 
     satisfactory conduct or cooperation, the Secretary may, after 
 determining that all reasonable counseling efforts have been made and 
  are not reasonably likely to be effective, discontinue services and 
      assistance unless the Secretary determines that mitigating 
circumstances exist. In any case in which such services and assistance 
have been discontinued, the Secretary may reinstitute such services and 
assistance only if the Secretary determines that (1) the cause of 
  the unsatisfactory conduct or cooperation of such veteran has been 
removed; and (2) the rehabilitation program which such veteran proposes 
      to pursue (whether the same or revised) is suitable to such 
 veterans abilities, aptitudes, and interests. (Added Pub. L. 
  96466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2181, 
      Sec. 1511; amended Pub. L. 101237, title IV, Sec. 
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3111, Pub. 
  L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3112. 
 Revolving fund loans The revolving fund established pursuant to part 
 VII of Veterans Regulation Numbered 1(a) is continued in effect, and 
   may be used by the Secretary, under regulations prescribed by the 
 Secretary, for making advances, not in excess of twice the amount of 
the full-time institutional monthly subsistence allowance for a veteran 
 with no dependents (as provided in section 3108(b) of this title) to 
  veterans pursuing rehabilitation programs under this chapter. Such 
advances, and advances from such fund made before the effective date of 
the Veterans Rehabilitation and Education Amendments of 1980, 
shall bear no interest and shall be repaid in such installments, as may 
   be determined by the Secretary, by proper deductions from future 
 payments of compensation, pension, subsistence allowance, educational 
assistance allowance, or retirement pay. (Added Pub. L. 96466, 
 title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2181, Sec. 1512;amended 
 Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 
       103 Stat. 2092; renumbered Sec. 3112 and amended Pub. L. 
  10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 
 3113. Vocational rehabilitation for hospitalized members of the Armed 
 Forces and veterans (a) Services and assistance may be provided under 
this chapter to a person described in subparagraphs (A)(ii) and (B) of 
  section 3102(1) of this title who is hospitalized pending discharge 
    from active military, naval, or air service. In such cases, no 
subsistence allowance shall be paid. (b) Services and assistance may be 
  provided under this chapter to a veteran who is receiving care in a 
 Department of Veterans Affairs hospital, nursing home, or domiciliary 
 facility or in any other hospital or medical facility. (Added Pub. L. 
  96466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2181, 
      Sec. 1513; amended Pub. L. 101237, title IV, Sec. 
 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3113 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 103446, title XII, Sec. 1201(d)(10), Nov. 
2, 1994, 108 Stat.4684.) ' 3114. Vocational rehabilitation outside the 
United States Under regulations which the Secretary shall prescribe, a 
 vocational rehabilitation program under this chapter may be provided 
    outside the United States if the Secretary determines that such 
    training is (1) necessary in the particular case to provide the 
   preparation needed to render a veteran employable and enable such 
 veteran to obtain and retain suitable employment, and (2) in the best 
  interest of such veteran and the Federal Government. (Added Pub. L. 
  96466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2182, 
      Sec. 1514; amended Pub. L. 101237, title IV, Sec. 
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3114, Pub. 
  L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3115. 
  Rehabilitation resources (a) Notwithstanding any other provision of 
  law, for the purpose of providing services under this chapter, the 
    Secretary may (1) use the facilities of any Federal agency 
 (including the Department of Veterans Affairs), of any State or local 
  government agency receiving Federal financial assistance, or of any 
    federally recognized Indian tribe, to provide training or work 
      experience as part or all of a veterans vocational 
 rehabilitation program without pay or for nominal pay in any case in 
which the Secretary determines that such training or work experience is 
necessary to accomplish such veterans rehabilitation; (2) use 
    the facilities, staff, and other resources of the Department of 
 Veterans Affairs; (3) employ such additional personnel and experts as 
   the Secretary considers necessary; and (4) use the facilities and 
  services of any Federal, State, or other public agency, any agency 
  maintained by joint Federal and State contributions, any federally 
     recognized Indian tribe, any public or private institution or 
establishment, and any private individual. (b)(1) While pursuing on-job 
training or work experience under subsection (a)(1) of this section at 
 a Federal agency, a veteran shall be considered to be an employee of 
  the United States for the purposes of the benefits of chapter 81 of 
title 5, but not for the purposes of laws administered by the Office of 
  Personnel Management. (2) Except as provided in chapter 17 of this 
 title, hospital care and medical services provided under this chapter 
 shall be furnished in facilities over which the Secretary has direct 
jurisdiction. (3) Use of the facilities of a State or local government 
agency under subsection (a)(1) of this section or use of facilities and 
  services under subsection (a)(4) of this section, shall be procured 
through contract, agreement, or other cooperative arrangement. (4) The 
 Secretary shall prescribe regulations providing for the monitoring of 
training and work experiences provided under such subsection (a)(1) at 
  State or local government agencies and otherwise ensuring that such 
training or work experience is in the best interest of the veteran and 
  the Federal Government. (c) For purposes of this section, the term 
 federally recognized Indian tribe means 
  any Indian tribe, band, nation, pueblo, or other organized group or 
community, including any Alaska Native village or regional corporation 
   as defined in or established pursuant to the Alaska Native Claims 
    Settlement Act, which is recognized as eligible for the special 
programs and services provided by the United States to Indians because 
  of their status as Indians. (Added Pub. L. 96466, title I, 
 Sec. 101(a), Oct. 17, 1980, 94 Stat. 2182, Sec. 1515; amended Pub. L. 
  100689, title II, Sec. 201, Nov. 18, 1988, 102 Stat. 4175; 
 Pub. L. 101237, title IV, Sec. 423(b)(1), Dec. 18, 1989, 103 
 Stat. 2092; renumbered Sec. 3115, Pub. L. 10283, Sec. 5(a), 
 Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title VI, Sec. 
602(a), Nov. 2, 1994, 108 Stat. 4671.) ' 3116. Promotion of employment 
and training opportunities (a) The Secretary shall actively promote the 
   development and establishment of employment, training, and other 
  related opportunities for (1) veterans who are participating or who 
 have participated in a rehabilitation program under this chapter, (2) 
veterans with service-connected disabilities, and (3) other veterans to 
  whom the employment emphases set forth in chapter 42 of this title 
apply. The Secretary shall promote the development and establishment of 
    such opportunities through Department of Veterans Affairs staff 
   outreach efforts to employers and through Department of Veterans 
   Affairs coordination with Federal, State, and local governmental 
agencies and appropriate nongovernmental organizations. In carrying out 
the provisions of this subsection with respect to veterans referred to 
 in clause (3) of the first sentence of this subsection, the Secretary 
  shall place particular emphasis on the needs of categories of such 
 veterans on the basis of applicable rates of unemployment. (b)(1) The 
   Secretary, pursuant to regulations prescribed in accordance with 
 paragraph (3) of this subsection, may make payments to employers for 
 providing on-job training to veterans who have been rehabilitated to 
 the point of employability in individual cases in which the Secretary 
   determines that such payment is necessary to obtain needed on-job 
   training or to begin employment. Such payments may not exceed the 
  direct expenses incurred by such employers in providing such on-job 
training or employment opportunity. (2) In any case in which a veteran 
 described in paragraph (1) of this subsection participates in on-job 
 training described in such paragraph that satisfies the criteria for 
 payment of a training assistance allowance under section 3687 of this 
    title, such veteran shall, to the extent that such veteran has 
 remaining eligibility for and entitlement to such allowance, be paid 
  such allowance. (3) The Secretary shall prescribe regulations under 
  this subsection in consultation with the Secretary of Labor and, in 
    prescribing such regulations, shall take into consideration the 
provisions of title V of the Rehabilitation Act of 1973 (29 U.S.C. ch. 
     16, subch. V) and section 4212 of this title, and regulations 
prescribed under such provisions. (Added Pub. L. 96466, title 
 I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2182, Sec. 1516; amended Pub. 
L. 101237, title IV, Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 
  2092; renumbered Sec. 3116 and amended Pub. L. 10283, Sec. 
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3117. Employment 
 assistance (a)(1) A veteran with a service-connected disability rated 
      at 10 percent or more who has participated in a vocational 
 rehabilitation program under this chapter or a similar program under 
  the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and who the 
Secretary has determined to be employable shall be furnished assistance 
    in obtaining employment consistent with such veterans 
  abilities, aptitudes, interests, and employment handicap, including 
 assistance necessary to insure that such veteran receives the benefit 
of any applicable provisions of law or regulation providing for special 
consideration or emphasis or preference for such veteran in employment 
    or training. (2) Assistance provided under this subsection may 
 include (A) direct placement of such veteran in employment; (B) 
   utilization of employment, training, and placement services under 
 chapter 41 of this title; and (C) utilization of the job development 
and placement services of (i) programs under the Rehabilitation Act of 
   1973, (ii) the State employment service and the Veterans 
  Employment Service of the Department of Labor, (iii) the Office of 
 Personnel Management, (iv) any other public or nonprofit organization 
having placement services available, and (v) any for-profit entity in a 
 case in which the Secretary has determined that services necessary to 
    provide such assistance are available from such entity and that 
comparably effective services are not available, or cannot be obtained 
cost-effectively, from the entities described in subclauses (i) through 
    (iv) of this clause. (b)(1) In any case in which a veteran has 
completed a vocational rehabilitation program for self-employment in a 
   small business enterprise under this chapter, the Secretary shall 
     assist such veteran in securing, as appropriate, a loan under 
subchapter IV of chapter 37 of this title and shall cooperate with the 
 Small Business Administration to assist such veteran to secure a loan 
        for the purchase of equipment needed to establish such 
veterans own business and to insure that such veteran receives 
the special consideration provided for in section 4(b)(1) of the Small 
   Business Act (15 U.S.C. 633(b)(1)). (2) In the case of a veteran 
   described in clause (12) of section 3104(a) of this title who has 
  trained under a State rehabilitation program with the objective of 
  self-employment in a small business enterprise, the Secretary may, 
 subject to the limitations and criteria provided for in such clause, 
  provide such veteran with such supplementary equipment and initial 
 stocks and supplies as are determined to be needed by such veteran if 
   such supplementary equipment and initial stocks and supplies, or 
   assistance in acquiring them, are not available through the State 
program or other sources. (Added Pub. L. 96466, title I, Sec. 
   101(a), Oct. 17, 1980, 94 Stat. 2183, Sec. 1517; amended Pub. L. 
  9772, title III, Sec. 303(k), Nov. 3, 1981, 95 Stat. 1060; 
  Pub. L. 100689, title II, Sec. 202(a), Nov. 18, 1988, 102 
Stat. 4175; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 
 18, 1989, 103 Stat. 2092; Pub. L. 10254, Sec. 14(c)(4), June 
   13, 1991, 105 Stat. 285; renumbered Sec. 3117 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 104275, title I, Sec. 101(h), Oct. 9, 1996, 110 Stat. 3325; 
 Pub. L. 107288, Sec. 4(e)(2), Nov. 7, 2002, 116 Stat. 2044; 
Pub. L. 109233, title V, Sec. 503(6), June 15, 2006, 120 Stat. 
 416.) ' 3118. Personnel training, development, and qualifications (a) 
The Secretary shall provide a program of ongoing professional training 
   and development for Department of Veterans Affairs counseling and 
 rehabilitation personnel engaged in providing rehabilitation services 
 under this chapter. The objective of such training shall be to insure 
  that rehabilitation services for disabled veterans are provided in 
 accordance with the most advanced knowledge, methods, and techniques 
   available for the rehabilitation of handicapped persons. For this 
 purpose, the Secretary may employ the services of consultants and may 
make grants to and contract with public or private agencies (including 
     institutions of higher learning) to conduct such training and 
 development. (b) The Secretary shall coordinate with the Commissioner 
  of the Rehabilitation Services Administration in the Department of 
Education and the Assistant Secretary for Veterans Employment 
   in the Department of Labor in planning and carrying out personnel 
 training in areas of mutual programmatic concern. (c) Notwithstanding 
    any other provision of law, the Secretary shall establish such 
 qualifications for personnel providing evaluation and rehabilitation 
 services to veterans under this chapter and for employees performing 
    the functions described in section 3106(f) of this title as the 
   Secretary determines are necessary and appropriate to insure the 
quality of rehabilitation programs under this chapter. In establishing 
    such qualifications, the Secretary shall take into account the 
     qualifications established for comparable personnel under the 
     Rehabilitation Act of 1973 (29 U.S.C. ch. 16). (Added Pub. L. 
  96466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 2184, 
 Sec. 1518; amended Pub. L. 101237, title IV, Sec. 423(b)(1), 
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3118 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 104275, title I, Sec. 101(f)(2)(C), Oct. 9, 1996, 110 Stat. 
  3325.) ' 3119. Rehabilitation research and special projects (a) The 
  Secretary shall carry out an ongoing program of activities for the 
purpose of advancing the knowledge, methods, techniques, and resources 
  available for use in rehabilitation programs for veterans. For this 
   purpose, the Secretary shall conduct and provide support for the 
 development or conduct, or both the development and conduct, of 
  (1) studies and research concerning the psychological, educational, 
employment, social, vocational, industrial, and economic aspects of the 
     rehabilitation of disabled veterans, including new methods of 
  rehabilitation; and (2) projects which are designed to increase the 
    resources and potential for accomplishing the rehabilitation of 
 disabled veterans. (b) For the purpose specified in subsection (a) of 
this section, the Secretary is authorized to make grants to or contract 
  with public or nonprofit agencies, including institutions of higher 
 learning. (c) The Secretary shall cooperate with the Commissioner of 
  the Rehabilitation Services Administration and the Director of the 
 Institute of Handicapped Research in the Department of Education, the 
Assistant Secretary for Veterans Employment in the Department 
  of Labor, and the Secretary of Health and Human Services regarding 
   rehabilitation studies, research, and special projects of mutual 
  programmatic concern. (Added Pub. L. 96466, title I, Sec. 
   101(a), Oct. 17, 1980, 94 Stat. 2184, Sec. 1519; amended Pub. L. 
101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
2092; renumbered Sec. 3119, Pub. L. 10283, Sec. 5(a), Aug. 6, 
 1991, 105 Stat. 406.) ' 3120. Program of independent living services 
  and assistance (a) The Secretary may, under contracts with entities 
 described in subsection (f) of this section, or through facilities of 
   the Veterans Health Administration, which possess a demonstrated 
   capability to conduct programs of independent living services for 
  severely handicapped persons, provide, under regulations which the 
Secretary shall prescribe, programs of independent living services and 
  assistance under this chapter, in various geographic regions of the 
United States, to veterans described in subsection (b) of this section. 
(b) A program of independent living services and assistance may be made 
   available under this section only to a veteran who has a serious 
   employment handicap resulting in substantial part from a service-
 connected disability described in section 3102(1)(A)(i) of this title 
and with respect to whom it is determined under section 3106(d) or (e) 
 of this title that the achievement of a vocational goal currently is 
not reasonably feasible. (c) The Secretary shall, to the maximum extent 
 feasible, include among those veterans who are provided with programs 
   of independent living services and assistance under this section 
  substantial numbers of veterans described in subsection (b) of this 
  section who are receiving long-term care in Department of Veterans 
Affairs hospitals and nursing homes and in nursing homes with which the 
   Secretary contracts for the provision of care to veterans. (d) A 
  program of independent living services and assistance for a veteran 
  shall consist of such services described in section 3104(a) of this 
 title as the Secretary determines necessary to enable such veteran to 
 achieve maximum independence in daily living. Such veteran shall have 
   the same rights with respect to an individualized written plan of 
services and assistance as are afforded veterans under section 3107 of 
this title. (e) Programs of independent living services and assistance 
shall be initiated for no more than 2,700 veterans in each fiscal year, 
   and the first priority in the provision of such programs shall be 
afforded to veterans for whom the reasonable feasibility of achieving a 
vocational goal is precluded solely as a result of a service-connected 
disability. (f) Entities described in this subsection are (1) public or 
  nonprofit agencies or organizations, and (2) for-profit entities in 
  cases in which the Secretary determines that services comparable in 
    effectiveness to services available from such an entity are not 
   available, or cannot be obtained cost-effectively from, public or 
    nonprofit agencies or through facilities of the Veterans Health 
 Administration. (Added Pub. L. 96466, title I, Sec. 101(a), 
       Oct. 17, 1980, 94 Stat. 2185, Sec. 1520; amended Pub. L. 
99576, title III, Sec. 333(a), (b)(6), (c), Oct. 28, 1986, 100 
 Stat. 3279; Pub. L. 100689, title II, Sec. 202(b), Nov. 18, 
  1988, 102 Stat. 4176; Pub. L. 101237, title IV, Sec. 404, 
 423(b)(1), Dec. 18, 1989, 103 Stat. 2080, 2092; renumbered Sec. 3120 
 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 
  105 Stat. 406; Pub. L. 103446, title XII, Sec. 1201(b)(1), 
 (d)(11), Nov. 2, 1994, 108 Stat. 4682, 4684; Pub. L. 104275, 
title I, Sec. 101(f)(2)(D), (i), Oct. 9, 1996, 110 Stat. 3325; Pub. L. 
 107103, title V, Sec. 508(a), Dec. 27, 2001, 115 Stat. 997; 
Pub. L. 110389, title III, Sec. 332, Oct. 10, 2008, 122 Stat. 
4170; Pub. L. 111275, title VIII, Sec. 801(a), Oct. 13, 2010, 
   124 Stat. 2888.) ' 3121. Veterans Advisory Committee on 
Rehabilitation (a)(1) The Secretary shall appoint an advisory committee 
      to be known as the Veterans Advisory Committee on 
    Rehabilitation (hereinafter in this section referred to as the 
   Committee). (2) The members of the 
 Committee shall be appointed by the Secretary from the general public 
  and shall serve for terms to be determined by the Secretary not to 
exceed three years. Veterans with service-connected disabilities shall 
 be appropriately represented in the membership of the Committee, and 
    the Committee shall also include persons who have distinguished 
     themselves in the public and private sectors in the fields of 
       rehabilitation medicine, vocational guidance, vocational 
rehabilitation, and employment and training programs. The Secretary may 
  designate one of the members of the Committee appointed under this 
paragraph to chair the Committee. (3) The Committee shall also include 
 as ex officio members the following: (A) one representative from the 
   Veterans Health Administration and one from the Veterans Benefits 
Administration, (B) one representative from the Rehabilitation Services 
Administration of the Department of Education and one from the National 
Institute for Handicapped Research of the Department of Education, and 
    (C) one representative of the Assistant Secretary of Labor for 
 Veterans Employment and Training of the Department of Labor. 
(b) The Secretary shall, on a regular basis, consult with and seek the 
     advice of the Committee with respect to the administration of 
  veterans rehabilitation programs under this title. (c) The 
    Committee shall submit to the Secretary an annual report on the 
 rehabilitation programs and activities of the Department of Veterans 
Affairs and shall submit such other reports and recommendations to the 
 Secretary as the Committee determines appropriate. The annual report 
shall include an assessment of the rehabilitation needs of veterans and 
 a review of the programs and activities of the Department of Veterans 
 Affairs designed to meet such needs. The Secretary shall submit with 
each annual report submitted to the Congress pursuant to section 529 of 
 this title a copy of all reports and recommendations of the Committee 
  submitted to the Secretary since the previous annual report of the 
   Secretary was submitted to the Congress pursuant to such section. 
(Added Pub. L. 96466, title I, Sec. 101(a), Oct. 17, 1980, 94 
Stat. 2186, Sec. 1521; amended Pub. L. 101237, title IV, Sec. 
423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10254, Sec. 
   14(c)(5), June 13, 1991, 105 Stat. 285; renumbered Sec. 3121 and 
 amended Pub. L. 10283, Sec. 2(c)(3), 5(a), Aug. 6, 1991, 105 
 Stat. 402, 406; Pub. L. 103446, title XII, Sec. 1201(b)(1), 
(i)(5), Nov. 2, 1994, 108 Stat. 4682, 4688.) ' 3122. Longitudinal study 
   of vocational rehabilitation programs (a) STUDY REQUIRED.(1) 
Subject to the availability of appropriated funds, the Secretary shall 
conduct a longitudinal study of a statistically valid sample of each of 
  the groups of individuals described in paragraph (2). The Secretary 
shall study each such group over a period of at least 20 years. (2) The 
 groups of individuals described in this paragraph are the following: 
(A) Individuals who begin participating in a vocational rehabilitation 
program under this chapter during fiscal year 2010. (B) Individuals who 
  begin participating in such a program during fiscal year 2012. (C) 
  Individuals who begin participating in such a program during fiscal 
  year 2014. (b) ANNUAL REPORTS.By not later than July 1 of each 
year covered by the study required under subsection (a), the Secretary 
  shall submit to the Committees on Veterans Affairs of the 
 Senate and House of Representatives a report on the study during the 
preceding year. (c) CONTENTS OF REPORT.The Secretary shall include 
  in the report required under subsection (b) any data the Secretary 
  determines is necessary to determine the long-term outcomes of the 
  individuals participating in the vocational rehabilitation programs 
 under this chapter. The Secretary may add data elements from time to 
  time as necessary. In addition, each such report shall contain the 
 following information: (1) The number of individuals participating in 
  vocational rehabilitation programs under this chapter who suspended 
participation in such a program during the year covered by the report. 
  (2) The average number of months such individuals served on active 
 duty. (3) The distribution of disability ratings of such individuals. 
(4) The types of other benefits administered by the Secretary received 
by such individuals. (5) The types of social security benefits received 
  by such individuals. (6) Any unemployment benefits received by such 
  individuals. (7) The average number of months such individuals were 
employed during the year covered by the report. (8) The average annual 
  starting and ending salaries of such individuals who were employed 
     during the year covered by the report. (9) The number of such 
individuals enrolled in an institution of higher learning, as that term 
is defined in section 3452(f) of this title. (10) The average number of 
   academic credit hours, degrees, and certificates obtained by such 
  individuals during the year covered by the report. (11) The average 
number of visits such individuals made to Department medical facilities 
   during the year covered by the report. (12) The average number of 
   visits such individuals made to non-Department medical facilities 
 during the year covered by the report. (13) The average annual income 
 of such individuals. (14) The average total household income of such 
individuals for the year covered by the report. (15) The percentage of 
 such individuals who own their principal residences. (16) The average 
       number of dependents of each such veteran. (Added Pub. L. 
   110389, title III, Sec. 334(a), Oct. 10, 2008, 122 Stat. 
 4172.) CHAPTER 32 OF TITLE 38, UNITED STATES CODE [As Amended Through 
          P.L. 1127, Enacted March 31, 2011] xTITLE 
 38VETERANS BENEFITS xPART IIIREADJUSTMENT 
     AND RELATED BENEFITS CHAPTER 32POST-VIETNAM ERA 
  VETERANS EDUCATIONAL ASSISTANCE SUBCHAPTER IPURPOSE; 
     DEFINITIONS Sec. 3201. Purpose. 3202. Definitions. SUBCHAPTER 
IIELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND 3221. Eligibility. 
3222. Contributions; matching fund. 3223. Refunds of contributions upon 
 disenrollment. 3224. Death of participant. 3225. Discharge or release 
   under conditions which would bar the use of benefits. SUBCHAPTER 
  IIIENTITLEMENT; DURATION 3231. Entitlement; loan eligibility. 
   3232. Duration; limitations. 3233. Apprenticeship or other on-job 
 training. 3234. Tutorial assistance. SUBCHAPTER IVADMINISTRATION 
3241. Requirements. 3243. Deposits; reports. SUBCHAPTER IPURPOSE; 
 DEFINITIONS ' 3201. Purpose It is the purpose of this chapter (1) to 
  provide educational assistance to those men and women who enter the 
 Armed Forces after December 31, 1976, and before July 1, 1985, (2) to 
  assist young men and women in obtaining an education they might not 
  otherwise be able to afford, and (3) to promote and assist the all 
volunteer military program of the United States by attracting qualified 
      men and women to serve in the Armed Forces. (Added Pub. L. 
94502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2393, Sec. 
 1601; amended Pub. L. 99576, title III, Sec. 309(a)(1), Oct. 
28, 1986, 100 Stat. 3270; renumbered Sec. 3201, Pub. L. 10283, 
 Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3202. Definitions For the 
  purposes of this chapter (1)(A) The term eligible 
  veteran means any veteran who is not eligible for 
   educational assistance under chapter 34 of this title and who (i) 
 entered military service on or after January 1, 1977, and before July 
   1, 1985, served on active duty for a period of more than 180 days 
commencing on or after January 1, 1977, and was discharged or released 
therefrom under conditions other than dis465 honorable, or (ii) entered 
military service on or after January 1, 1977, and before July 1, 1985, 
and was discharged or released from active duty after January 1, 1977, 
for a service-connected disability. (B) The requirement of discharge or 
release, prescribed in subparagraph (A), shall be waived in the case of 
any participant who has completed his or her first obligated period of 
active duty (which began after December 31, 1976) or 6 years of active 
 duty (which began after December 31, 1976), whichever period is less. 
      (C) For the purposes of subparagraphs (A) and (B), the term 
 active duty does not include any period 
  during which an individual (i) was assigned full time by the Armed 
 Forces to a civilian institution for a course of education which was 
  substantially the same as established courses offered to civilians, 
 (ii) served as a cadet or midshipman at one of the service academies, 
  or (iii) served under the provisions of section 511(d) of title 10 
    pursuant to an enlistment in the Army National Guard or the Air 
 National Guard, or as a Reserve for service in the Army Reserve, Navy 
   Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard 
   Reserve. (D)(i) The requirement of ineligibility for educational 
 assistance under chapter 34 of this title, prescribed in subparagraph 
  (A), shall be waived in the case of a veteran described in division 
  (ii) of this subparagraph who elects to receive benefits under this 
  chapter instead of assistance under such chapter 34. A veteran who 
 makes such an election shall be ineligible for assistance under such 
chapter. Such an election is irrevocable. (ii) A veteran referred to in 
 division (i) of this subparagraph is a veteran who before January 1, 
1977, performed military service described in subparagraph (C)(iii), is 
entitled under section 3452(a)(3)(C) of this title to have such service 
  considered to be active duty for the 
 purposes of chapter 34 of this title, and is eligible for assistance 
under such chapter only by reason of having such service considered to 
          be active duty. (2) The term program of 
education (A) has the meaning given such term in 
section 3452(b) of this title, and (B) includes (i) a full-time program 
  of apprenticeship or other on-job training approved as provided in 
 clause (1) or (2), as appropriate, of section 3687(a) of this title, 
  and (ii) in the case of an individual who is not serving on active 
 duty, a cooperative program (as defined in section 3482(a)(2) of this 
  title). (3) The term participant is a 
    person who is participating in the educational benefits program 
 established under this chapter. (4) The term educational 
   institution has the meaning given such term in 
   section 3452(c) of this title. (5) The term training 
  establishment has the meaning given such term in 
section 3452(e) of this title. (Added Pub. L. 94502, title IV, 
  Sec. 404, Oct. 15, 1976, 90 Stat. 2394, Sec. 1602; amended Pub. L. 
96466, title IV, Sec. 401, Oct. 17, 1980, 94 Stat. 2201; Pub. 
 L. 98223, title II, Sec. 203(a), Mar. 2, 1984, 98 Stat. 41; 
  Pub. L. 99576, title III, Sec. 309(a)(2), 310(a), Oct. 28, 
  1986, 100 Stat. 3270, 3271; Pub. L. 100689, title I, Sec. 
108(b)(1), Nov. 18, 1988, 102 Stat. 4169; Pub. L. 10254, Sec. 
   14(c)(6), June 13, 1991, 105 Stat. 285; renumbered Sec. 3202 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 109163, div. A, title V, Sec. 515(e)(3), 
     Jan. 6, 2006, 119 Stat. 3236.) SUBCHAPTER IIELIGIBILITY; 
 CONTRIBUTIONS; AND MATCHING FUND ' 3221. Eligibility (a) Each person 
entering military service on or after January 1, 1977, and before July 
  1, 1985, shall have the right to enroll in the educational benefits 
program provided by this chapter (hereinafter in this chapter referred 
 to as the program except where the text 
 indicates otherwise) at any time during such persons service 
 on active duty before July 1, 1985. When a person elects to enroll in 
 the program, such person must participate for at least 12 consecutive 
    months before disenrolling or suspending participation. (b) The 
  requirement for 12 consecutive months of participation required by 
subsection (a) of this section shall not apply when (1) the participant 
   suspends participation or disenrolls from the program because of 
   personal hardship as defined in regulations issued jointly by the 
   Secretary and the Secretary of Defense, or (2) the participant is 
  discharged or released from active duty. (c) A participant shall be 
permitted to suspend participation or disenroll from the program at the 
      end of any 12-consecutive-month period of participation. If 
 participation is suspended, the participant shall be eligible to make 
additional contributions to the program under such terms and conditions 
 as shall be prescribed by regulations issued jointly by the Secretary 
and the Secretary of Defense. (d) If a participant disenrolls from the 
 program, such participant forfeits any entitlement to benefits under 
  the program except as provided in subsection (e) of this section. A 
participant who disenrolls from the program is eligible for a refund of 
such participants contributions as provided in section 3223 of 
 this title. (e) A participant who has disenrolled may be permitted to 
 reenroll in the program under such conditions as shall be prescribed 
     jointly by the Secretary and the Secretary of Defense. (f) An 
 individual who serves in the Selected Reserve may not receive credit 
for such service under both the program established by this chapter and 
the program established by chapter 106 of title 10 but shall elect (in 
     such form and manner as the Secretary of Veterans Affairs may 
prescribe) the program to which such service is to be credited. (Added 
  Pub. L. 94502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 
   2394, Sec. 1621; amended Pub. L. 99576, title III, Sec. 
  309(a)(3), Oct. 28, 1986, 100 Stat. 3270; Pub. L. 101237, 
title IV, Sec. 410, 423(b)(1)(A), (4)(A), (6), Dec. 18, 1989, 103 Stat. 
      2084, 2092, 2093; renumbered Sec. 3221 and amended Pub. L. 
  10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 
     3222. Contributions; matching fund (a) Except as provided in 
   subsections (c) and (d) of this section, each person electing to 
participate in the program shall agree to have a monthly deduction made 
 from such persons military pay. Such monthly deduction shall 
 be in any amount not less than $25 nor more than $100 except that the 
   amount must be divisible by 5. Any such amount contributed by the 
  participant or contributed by the Secretary of Defense pursuant to 
  subsection (c) of this section shall be deposited in a deposit fund 
 account entitled the Post-Vietnam Era Veterans Education 
 Account (hereinafter in this chapter referred to as 
   the fund) to be established in the 
 Treasury of the United States. Contributions made by the participant 
   shall be limited to a maximum of $2,700. (b) Except as otherwise 
     provided in this chapter, each monthly contribution made by a 
   participant under subsection (a) shall entitle the participant to 
  matching funds from the Department of Defense at the rate of $2 for 
each $1 contributed by the participant. (c) The Secretary of Defense is 
     authorized to contribute to the fund of any participant such 
     contributions as the Secretary of Defense deems necessary or 
   appropriate to encourage persons to enter or remain in the Armed 
Forces, including contributions in lieu of, or to reduce the amount of, 
monthly deductions under subsection (a) of this section. The Secretary 
  of Defense is authorized to issue such rules and regulations as the 
 Secretary of Defense deems necessary or appropriate to implement the 
provisions of this subsection. (d) Subject to the maximum contribution 
 prescribed by subsection (a) of this section, a participant shall be 
      permitted, while serving on active duty, to make a lump-sum 
  contribution to the fund. A lump-sum contribution to the fund by a 
 participant shall be in addition to or in lieu of monthly deductions 
    made from such participants military pay and shall be 
  considered, for the purposes of paragraph (2) of section 3231(a) of 
     this title, to have been made by monthly deductions from such 
 participants military pay in the amount of $100 per month or 
in such lesser amount as may be specified by such participant pursuant 
   to regulations issued jointly by the Secretary of Defense and the 
    Secretary. (e) Any amount transferred to the Secretary from the 
 Secretary of a military department under an interagency agreement for 
    the administration by the Department of Veterans Affairs of an 
educational assistance program established by the Secretary of Defense 
under chapter 107 of title 10 may be deposited into and disbursed from 
       the fund for the purposes of such program. (Added Pub. L. 
94502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2395, Sec. 
 1622; amended Pub. L. 94502, title IV, Sec. 408(b), Oct. 15, 
 1976, 90 Stat. 2398; Pub. L. 96466, title IV, Sec. 406, Oct. 
 17, 1980, 94 Stat. 2202; Pub. L. 97306, title II, Sec. 209, 
 210, Oct. 14, 1982, 96 Stat. 1436; Pub. L. 98160, title VII, 
  Sec. 702(6), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101237, 
 title IV, Sec. 423(b)(1), (4)(A), (B), (D), Dec. 18, 1989, 103 Stat. 
 2092; renumbered Sec. 3222 and amended Pub. L. 102 83, Sec. 
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3223. Refunds of 
contributions upon disenrollment (a) Contributions made to the program 
    by a participant may be refunded only after the participant has 
  disenrolled from the program or as provided in section 3224 of this 
   title. (b) If a participant disenrolls from the program prior to 
   discharge or release from active duty, such participants 
contributions will be refunded on the date of the participants 
 discharge or release from active duty or within 60 days of receipt of 
   notice by the Secretary of the participants discharge or 
disenrollment, except that refunds may be made earlier in instances of 
   hardship or other good reason as prescribed in regulations issued 
    jointly by the Secretary and the Secretary of Defense. (c) If a 
participant disenrolls from the program after discharge or release from 
active duty, the participants contributions shall be refunded 
   within 60 days of receipt of an application for a refund from the 
participant. (d) In the event the participant (1) dies while on active 
  duty, (2) dies after discharge or release from active duty, or (3) 
 disenrolls or is disenrolled from the program without having utilized 
 any entitlement, the participant may have accrued under the program, 
        or, in the event the participant utilizes part of such 
participants entitlement and disenrolls or is disenrolled from 
 the program, the amount contributed by the Secretary of Defense under 
 the authority of section 3222(c) of this title remaining in the fund 
  shall be refunded to such Secretary. (Added Pub. L. 94502, 
 title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2395, Sec. 1623; amended 
Pub. L. 98160, title VII, Sec. 702(7), Nov. 21, 1983, 97 Stat. 
  1009; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), (4)(A), 
  (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered Sec. 3223 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
      Stat. 406.) ' 3224. Death of participant In the event of a 
 participants death, the amount of such participants 
unused contributions to the fund shall be paid to the living person or 
   persons first listed below: (1) The beneficiary or beneficiaries 
    designated by such participant under such participants 
Servicemembers Group Life Insurance policy. (2) The surviving 
 spouse of the participant. (3) The surviving child or children of the 
 participant, in equal shares. (4) The surviving parent or parents of 
 the participant, in equal shares. If there is no such person living, 
such amount shall be paid to such participants estate. (Added 
  Pub. L. 94502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 
 2395, Sec. 1624; amended Pub. L. 96466, title IV, Sec. 402, 
      Oct. 17, 1980, 94 Stat. 2201; renumbered Sec. 3224, Pub. L. 
    10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
  104 275, title IV, Sec. 405(c)(2), Oct. 9, 1996, 110 Stat. 
 3340.) ' 3225. Discharge or release under conditions which would bar 
 the use of benefits If a participant in the program is discharged or 
     released from active duty under dishonorable conditions, such 
participant is automatically disenrolled and any contributions made by 
 such participant shall be refunded to such participant on the date of 
  such participants discharge or release from active duty or 
    within 60 days from receipt of notice by the Secretary of such 
       discharge or release, whichever is later. (Added Pub. L. 
94502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2396, Sec. 
  1625; amended Pub. L. 101237, title IV, Sec. 423(b)(1)(A), 
     Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3225, Pub. L. 
  10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) SUBCHAPTER 
  IIIENTITLEMENT; DURATION ' 3231. Entitlement; loan eligibility 
(a)(1) Subject to the provisions of section 3695 of this title limiting 
the aggregate period for which any person may receive assistance under 
     two or more programs of educational or vocational assistance 
administered by the Department of Veterans Affairs, a participant shall 
   be entitled to a maximum of 36 monthly benefit payments (or their 
equivalent in the event of part-time benefits). (2) Except as provided 
 in paragraph (5)(E) of this subsection and in subsection (e) of this 
 section and section 3233 of this title and subject to section 3241 of 
  this title, the amount of the monthly payment to which any eligible 
      veteran is entitled shall be ascertained by (A) adding all 
contributions made to the fund by the eligible veteran, (B) multiplying 
 the sum by 3, (C) adding all contributions made to the fund for such 
 veteran by the Secretary of Defense, and (D) dividing the sum by the 
 lesser of 36 or the number of months in which contributions were made 
by such veteran. (3) Payment of benefits under this chapter may be made 
 only for periods of time during which an eligible veteran is actually 
 enrolled in and pursuing an approved program of education and, except 
 as provided in paragraph (4), only after an eligible veteran has been 
discharged or released from active duty. (4) Payment of benefits under 
 this chapter may be made after a participant has completed his or her 
 first obligated period of active duty (which began after December 31, 
1976), or 6 years of active duty (which began after December 31, 1976), 
whichever period is less. (5)(A) Notwithstanding any other provision of 
this chapter or chapter 36 of this title, any payment of an educational 
      assistance allowance described in subparagraph (B) of this 
paragraph (i) shall not be charged against the entitlement of any 
  eligible veteran under this chapter; and (ii) shall not be counted 
toward the aggregate period for which section 3695 of this title limits 
 an individuals receipt of assistance. (B) The payment of an 
  educational assistance allowance referred to in subparagraph (A) of 
 this paragraph is any payment of a monthly benefit under this chapter 
 to an eligible veteran for pursuit of a course or courses under this 
 chapter if the Secretary finds that the eligible veteran (i) in 
  the case of a person not serving on active duty, had to discontinue 
  such course pursuit as a result of being ordered to serve on active 
 duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 
 of title 10; or (ii) in the case of a person serving on active duty, 
had to discontinue such course pursuit as a result of being ordered to 
a new duty location or assignment or to perform an increased amount of 
   work; and (iii) failed to receive credit or training time toward 
     completion of the individuals approved educational, 
    professional, or vocational objective as a result of having to 
 discontinue, as described in clause (i) or (ii) of this subparagraph, 
his or her course pursuit. (C) The period for which, by reason of this 
subsection, an educational assistance allowance is not charged against 
  entitlement or counted toward the applicable aggregate period under 
 section 3695 of this title shall not exceed the portion of the period 
of enrollment in the course or courses for which the individual failed 
to receive credit or with respect to which the individual lost training 
time, as determined under subparagraph (B)(iii) of this paragraph. (D) 
The amount in the fund for each eligible veteran who received a payment 
of an educational assistance allowance described in subparagraph (B) of 
this paragraph shall be restored to the amount that would have been in 
the fund for the veteran if the payment had not been made. For purposes 
 of carrying out the previous sentence, the Secretary of Defense shall 
deposit into the fund, on behalf of each such veteran, an amount equal 
  to the entire amount of the payment made to the veteran. (E) In the 
 case of a veteran who discontinues pursuit of a course or courses as 
   described in subparagraph (B) of this paragraph, the formula for 
ascertaining the amount of the monthly payment to which the veteran is 
 entitled in paragraph (2) of this subsection shall be implemented as 
 if (i) the payment made to the fund by the Secretary of Defense 
 under subparagraph (D) of this paragraph, and (ii) any payment for a 
course or courses described in subparagraph (B) of this paragraph that 
 was paid out of the fund, had not been made or paid. (b) Any enlisted 
   member of the Armed Forces participating in the program shall be 
 eligible to enroll in a course, courses, or program of education for 
the purpose of attaining a secondary school diploma (or an equivalency 
 certificate), as authorized by section 3491(a) of this title, during 
 the last six months of such members first enlistment and at 
any time thereafter. (c) When an eligible veteran is pursuing a program 
   of education under this chapter by correspondence, such eligible 
    veterans entitlement shall be charged at the rate of 1 
  months entitlement for each month of benefits paid to the 
  eligible veteran (computed on the basis of the formula provided in 
subsection (a)(2) of this section). (d)(1) Subject to the provisions of 
    paragraph (2) of this subsection, the amount of the educational 
   assistance benefits paid to an eligible veteran who is pursuing a 
    program of education under this chapter while incarcerated in a 
   Federal, State, local, or other penal institution or correctional 
 facility for conviction of a felony may not exceed the lesser of (A) 
such amount as the Secretary determines, in accordance with regulations 
which the Secretary shall prescribe, is necessary to cover the cost of 
    established charges for tuition and fees required of similarly 
circumstanced nonveterans enrolled in the same program and the cost of 
necessary supplies, books, and equipment, or (B) the applicable monthly 
benefit payment otherwise prescribed in this section or section 3233 of 
 this title. The amount of the educational assistance benefits payable 
to a veteran while so incarcerated shall be reduced to the extent that 
 the tuition and fees of the veteran for any course are paid under any 
Federal program (other than a program administered by the Secretary) or 
under any State or local program. (2) Paragraph (1) of this subsection 
shall not apply in the case of any veteran who is pursuing a program of 
   education under this chapter while residing in a halfway house or 
    participating in a work-release program in connection with such 
veterans conviction of a felony. (e)(1) Subject to subsection 
 (a)(1) of this section, each individual who is pursuing a program of 
education consisting exclusively of flight training approved as meeting 
    the requirements of section 3241(b) of this title shall be paid 
  educational assistance under this chapter in the amount equal to 60 
percent of the established charges for tuition and fees which similarly 
   circumstanced nonveterans enrolled in the same flight course are 
 required to pay. (2) No payment may be paid under this chapter to an 
  individual for any month during which such individual is pursuing a 
 program of education consisting exclusively of flight training until 
  the Secretary has received from that individual and the institution 
providing such training a certification of the flight training received 
  by the individual during that month and the tuition and other fees 
 charged for that training. (3) The entitlement of an eligible veteran 
  pursuing a program of education described in paragraph (1) of this 
subsection shall be charged at the rate of one month for each amount of 
   educational assistance paid which is equal to the monthly benefit 
otherwise payable to such veteran (computed on the basis of the formula 
provided in subsection (a)(2) of this section). (4) The number of solo 
    flying hours for which an individual may be paid an educational 
 assistance allowance under this subsection may not exceed the minimum 
     number of solo flying hours required by the Federal Aviation 
Administration for the flight rating or certification which is the goal 
      of the individuals flight training. (Added Pub. L. 
94502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2396, Sec. 
1631; amended Pub. L. 96466, title IV, Sec. 403, 404, Oct. 17, 
1980, 94 Stat. 2201; Pub. L. 9735, title XX, Sec. 2003(a)(1), 
 2005(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 99 576, title 
      III, Sec. 310(b)(1), Oct. 28, 1986, 100 Stat. 3271; Pub. L. 
100689, title I, Sec. 108(b)(2), 122, Nov. 18, 1988, 102 Stat. 
4170, 4174; Pub. L. 101237, title IV, Sec. 423(b)(1), (4)(A), 
Dec. 18, 1989, 103 Stat. 2092; Pub. L. 10216, Sec. 7(b), Mar. 
   22, 1991, 105 Stat. 51; renumbered Sec. 3231 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
   102127, Sec. 2(b), Oct. 10, 1991, 105 Stat. 619; Pub. L. 
102568, title III, Sec. 310(c), Oct. 29, 1992, 106 Stat. 4330; 
Pub. L. 104275, title I, Sec. 105(b), Oct. 9, 1996, 110 Stat. 
  3327; Pub. L. 105 368, title X, Sec. 1005(b)(7), Nov. 11, 
 1998, 112 Stat. 3365; Pub. L. 107103, title I, Sec. 103(a), 
 (d), Dec. 27, 2001, 115 Stat. 979; Pub. L. 109461, title X, 
    Sec. 1002(c), Dec. 22, 2006, 120 Stat. 3465.) ' 3232. Duration; 
 limitations (a)(1) Except as provided in paragraphs (2) and (3), and 
 subject to paragraph (4), of this subsection, educational assistance 
 benefits shall not be afforded an eligible veteran under this chapter 
   more than 10 years after the date of such veterans last 
 discharge or release from active duty. (2)(A) If any eligible veteran 
  was prevented from initiating or completing such veterans 
  chosen program of education during the delimiting period determined 
under paragraph (1) of this subsection because of a physical or mental 
   disability which was not the result of such veterans own 
   willful misconduct, such veteran shall, upon application made in 
   accordance with subparagraph (B) of this paragraph, be granted an 
 extension of the applicable delimiting period for such length of time 
 as the Secretary determines, from the evidence, that such veteran was 
 so prevented from initiating or completing such program of education. 
  (B) An extension of the delimiting period applicable to an eligible 
  veteran may be granted under subparagraph (A) of this paragraph by 
 reason of the veterans mental or physical disability only if 
the veteran submits an application for such extension to the Secretary 
   within one year after (i) the last date of the delimiting period 
    otherwise applicable to the veteran under paragraph (1) of this 
     subsection, or (ii) the termination date of the period of the 
 veterans mental or physical disability, whichever is later. 
(3) When an extension of the applicable delimiting period is granted an 
eligible veteran under paragraph (2) of this subsection, the delimiting 
  period with respect to such veteran shall again begin to run on the 
first day after such veterans recovery from such disability on 
   which it is reasonably feasible, as determined in accordance with 
 regulations prescribed by the Secretary, for such veteran to initiate 
or resume pursuit of a program of education with educational assistance 
     under this chapter. (4) For purposes of paragraph (1) of this 
 subsection, a veterans last discharge or release from active 
duty shall not include any discharge or release from a period of active 
 duty of less than 90 days of continuous service unless the individual 
involved is discharged or released for a service-connected disability, 
  for a medical condition which preexisted such service and which the 
 Secretary determines is not service connected, for hardship, or as a 
        result of a reduction in force as described in section 
   3011(a)(1)(A)(ii)(III) of this title. (b)(1) In the event that an 
eligible veteran has not utilized any or all of such veterans 
   entitlement by the end of the delimiting period applicable to the 
veteran under subsection (a) of this section and at the end of one year 
 thereafter has not filed a claim for utilizing such entitlement, such 
eligible veteran is automatically disenrolled. (2)(A) Any contributions 
 which were made by a veteran disenrolled under paragraph (1) of this 
  subsection and remain in the fund shall be refunded to the veteran 
  after notice of disenrollment is transmitted to the veteran and the 
 veteran applies for such refund. (B) If no application for refund of 
contributions under subparagraph (A) of this paragraph is received from 
    a disenrolled veteran within one year after the date the notice 
  referred to in such subparagraph is transmitted to the veteran, it 
shall be presumed that the veterans whereabouts is unknown and 
   the funds shall be transferred to the Secretary for payments for 
entitlement earned under subchapter II of chapter 30. (c)(1) Subject to 
paragraph (3), the amount of educational assistance payable under this 
  chapter for a licensing or certification test described in section 
 3452(b) of this title is the lesser of $2,000 or the fee charged for 
 the test. (2) The number of months of entitlement charged in the case 
of any individual for such licensing or certification test is equal to 
 the number (including any fraction) determined by dividing the total 
 amount paid to such individual for such test by the full-time monthly 
   institutional rate of the educational assistance allowance which, 
except for paragraph (1), such individual would otherwise be paid under 
 this chapter. (3) In no event shall payment of educational assistance 
    under this subsection for such a test exceed the amount of the 
 individuals available entitlement under this chapter. (d)(1) 
Subject to paragraph (3), the amount of educational assistance payable 
 under this chapter for a national test for admission or national test 
 providing an opportunity for course credit at institutions of higher 
 learning described in section 3452(b) of this title is the amount of 
 the fee charged for the test. (2) The number of months of entitlement 
charged in the case of any individual for a test described in paragraph 
   (1) is equal to the number (including any fraction) determined by 
     dividing the total amount of educational assistance paid such 
individual for such test by the full-time monthly institutional rate of 
educational assistance, except for paragraph (1), such individual would 
otherwise be paid under this chapter. (3) In no event shall payment of 
 educational assistance under this subsection for a test described in 
 paragraph (1) exceed the amount of the individuals available 
 entitlement under this chapter. (Added Pub. L. 94502, title 
IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2396, Sec. 1632; amended Pub. L. 
 97258, Sec. 3(k)(2), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 
98 160, title VII, Sec. 702(8), Nov. 21, 1983, 97 Stat. 1009; 
 Pub. L. 99576, title III, Sec. 311, Oct. 28, 1986, 100 Stat. 
3272; Pub. L. 101237, title IV, Sec. 420(a)(2), 423(b)(1)(A), 
 Dec. 18, 1989, 103 Stat. 2087, 2092; Pub. L. 10216, Sec. 4, 
 Mar. 22, 1991, 105 Stat. 49; renumbered Sec. 3232 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
104275, title I, Sec. 106(c)(1), Oct. 9, 1996, 110 Stat. 3329; 
  Pub. L. 106419, title I, Sec. 122(b)(2), Nov. 1, 2000, 114 
Stat. 1834; Pub. L. 108454, title I, Sec. 106(b)(2), Dec. 10, 
2004, 118 Stat. 3603.) ' 3233. Apprenticeship or other on-job training 
(a) Except as provided in subsection (b) of this section, the amount of 
   the monthly benefit payment to an individual pursuing a full-time 
 program of apprenticeship or other on-job training under this chapter 
          is (1) for each of the first six months of the 
individuals pursuit of such program, 75 percent of the monthly 
    benefit payment otherwise payable to such individual under this 
         chapter; (2) for each of the second six months of the 
   individuals pursuit of such program, 55 percent of such 
 monthly benefit payment; and (3) for each of the months following the 
first 12 months of the individuals pursuit of such program, 35 
 percent of such monthly benefit payment. (b) In any month in which an 
 individual pursuing a program of education consisting of a program of 
apprenticeship or other on-job training fails to complete 120 hours of 
training, the amount of the monthly benefit payment payable under this 
 chapter to the individual shall be limited to the same proportion of 
the applicable rate determined under subsection (a) of this section as 
 the number of hours worked during such month, rounded to the nearest 
eight hours, bears to 120 hours. (c) For each month that an individual 
       is paid a monthly benefit payment under this chapter, the 
individuals entitlement under this chapter shall be charged at 
the rate of (1) 75 percent of a month in the case of payments made 
in accordance with subsection (a)(1) of this section; (2) 55 percent of 
  a month in the case of payments made in accordance with subsection 
 (a)(2) of this section; and (3) 35 percent of a month in the case of 
payments made in accordance with subsection (a)(3) of this section. (d) 
  For any month in which an individual fails to complete 120 hours of 
training, the entitlement otherwise chargeable under subsection (c) of 
  this section shall be reduced in the same proportion as the monthly 
    benefit payment payable is reduced under subsection (b) of this 
section. (Added Pub. L. 99576, title III, Sec. 310(b)(2), Oct. 
 28, 1986, 100 Stat. 3271, Sec. 1633; amended Pub. L. 101237, 
  title IV, Sec. 423(a)(7), Dec. 18, 1989, 103 Stat. 2091; renumbered 
 Sec. 3233, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
    406.) ' 3234. Tutorial assistance (a) An individual entitled to 
  benefits under this chapter shall also be entitled to the benefits 
provided an eligible veteran under section 3492 of this title, subject 
to the conditions applicable to an eligible veteran under such section. 
    Any amount paid to an individual under this section shall be in 
 addition to the amount of other benefits paid under this chapter. (b) 
An individuals period of entitlement to educational assistance 
under this chapter shall be charged only with respect to the amount of 
  educational assistance paid to the individual under this section in 
 excess of $600. (c) An individuals period of entitlement to 
educational assistance under this chapter shall be charged at the rate 
of one month for each amount of assistance paid to the individual under 
 this section in excess of $600 that is equal to the amount of monthly 
educational assistance the individual is otherwise eligible to receive 
 for full-time pursuit of an institutional course under this chapter. 
 (d) Payments of benefits under this section shall be made (1) in 
the case of the first $600 of such benefits paid to an individual, from 
   funds appropriated, or otherwise available, to the Department of 
 Veterans Affairs for the payment of readjustment benefits; and (2) in 
 the case of payments to an individual for such benefits in excess of 
$600, from the fund from contributions made to the fund by the veteran 
    and by the Secretary of Defense in the same proportion as these 
   contributions are used to pay other educational assistance to the 
individual under this chapter. (Added Pub. L. 100689, title I, 
Sec. 107(b)(1), Nov. 18, 1988, 102 Stat. 4168, Sec. 1634; amended Pub. 
  L. 101237, title IV, Sec. 423(b)(1)(B), Dec. 18, 1989, 103 
 Stat. 2092; renumbered Sec. 3234 and amended Pub. L. 10283, 
      Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) SUBCHAPTER 
  IVADMINISTRATION ' 3241. Requirements (a)(1) The provisions of 
  sections 3470, 3471, 3474, 3476, 3483, 3485, and 3491(a)(1) of this 
    title and the provisions of chapter 36 of this title (with the 
    exception of section 3687) shall be applicable with respect to 
  individuals who are pursuing programs of education while serving on 
 active duty. (2) The Secretary may, without regard to the application 
 to this chapter of so much of the provisions of section 3471 of this 
title as prohibit the enrollment of an eligible veteran in a program of 
         education in which the veteran is already 
 qualified, and pursuant to such regulations as the 
Secretary shall prescribe, approve the enrollment of such individual in 
refresher courses (including courses which will permit such individual 
 to update knowledge and skills or be instructed in the technological 
   advances which have occurred in the individuals field of 
employment during and since the period of such veterans active 
military service), deficiency courses, or other preparatory or special 
  education or training courses necessary to enable the individual to 
pursue an approved program of education. (b) The Secretary may approve 
   the pursuit of flight training (in addition to a course of flight 
training that may be approved under section 3680A(b) of this title) by 
   an individual entitled to basic educational assistance under this 
 chapter if (1) such training is generally accepted as necessary 
for the attainment of a recognized vocational objective in the field of 
 aviation; (2) the individual possesses a valid pilot certificate and 
 meets, on the day the individual begins a course of flight training, 
the medical requirements necessary for a commercial pilot certificate; 
and (3) the flight school courses meet Federal Aviation Administration 
  standards for such courses and are approved by the Federal Aviation 
 Administration and the State approving agency. (c) The provisions of 
 sections 3470, 3471, 3474, 3476, 3483, and 3491(a) (other than clause 
(1)) of this title and the provisions of chapter 36 of this title (with 
  the exception of section 3687) shall be applicable with respect to 
individuals who are pursuing programs of education following discharge 
 or release from active duty. (Added Pub. L. 94502, title IV, 
  Sec. 404, Oct. 15, 1976, 90 Stat. 2397, Sec. 1641; amended Pub. L. 
96466, title IV, Sec. 405, Oct. 17, 1980, 94 Stat. 2202; Pub. 
 L. 9735, title XX, Sec. 2003(a)(2), Aug. 13, 1981, 95 Stat. 
 782; Pub. L. 99576, title III, Sec. 308(b), 310(c), Oct. 28, 
  1986, 100 Stat. 3270, 3272; Pub. L. 100689, title I, Sec. 
 106(b), Nov. 18, 1988, 102 Stat. 4167; Pub. L. 101237, title 
IV, Sec. 423(a)(5)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; 
 Pub. L. 10216, Sec. 2(b)(2), 7(a), Mar. 22, 1991, 105 Stat. 
 49, 51; renumbered Sec. 3241 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, 
   title III, Sec. 313(a)(5), Oct. 29, 1992, 106 Stat. 4332; Pub. L. 
 103446, title VI, Sec. 601(b), title XII, Sec. 1201(d)(12), 
Nov. 2, 1994, 108 Stat. 4670, 4684; Pub. L. 105 368, title II, 
Sec. 204(a), Nov. 11, 1998, 112 Stat. 3327.) x' 3242. Vacant ' 
 3243. Deposits; reports Deductions made by the Department of Defense 
from the military pay of any participant shall be promptly transferred 
  to the Secretary for deposit in the fund. The Secretary of Defense 
  shall also submit to the Secretary a report each month showing the 
  name, service number, and the amount of the deduction made from the 
  military pay of each initial enrollee, any contribution made by the 
Secretary of Defense pursuant to section 3222(c) of this title, as well 
    as any changes in each participants enrollment and/or 
contribution. The report shall also include any additional information 
the Secretary and the Secretary of Defense deem necessary to administer 
      this program. The Secretary shall maintain accounts showing 
 contributions made to the fund by individual participants and by the 
Secretary of Defense as well as disbursements made from the fund in the 
 form of benefits. (Added Pub. L. 94502, title IV, Sec. 404, 
       Oct. 15, 1976, 90 Stat. 2397, Sec. 1643; amended Pub. L. 
 98160, title VII, Sec. 702(9), Nov. 21, 1983, 97 Stat. 1009; 
Pub. L. 101237, title IV, Sec. 423(b)(1)(A), (4)(D), Dec. 18, 
    1989, 103 Stat. 2092; renumbered Sec. 3243 and amended Pub. L. 
   10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) 
  CHAPTER 33 OF TITLE 38, UNITED STATES CODE [As Amended Through P.L. 
1127, Enacted March 31, 2011] xTITLE 38VETERANS 
       BENEFITS xPART IIIREADJUSTMENT AND RELATED 
   BENEFITS CHAPTER 33POST-9/11 EDUCATIONAL ASSISTANCE 
    SUBCHAPTER IDEFINITIONS Sec. 3301. Definitions. SUBCHAPTER 
IIEDUCATIONAL ASSISTANCE 3311. Educational assistance for service 
    in the Armed Forces commencing on or after September 11, 2001: 
entitlement. 3312. Educational assistance: duration. 3313. Educational 
assistance: amount; payment. 3314. Tutorial assistance. 3315. Licensure 
  and certification tests. 3315A. National tests. 3316. Supplemental 
  educational assistance: members with critical skills or specialty; 
members serving additional service. 3317. Public-private contributions 
  for additional educational assistance. 3318. Additional assistance: 
relocation or travel assistance for individual relocating or traveling 
   significant distance for pursuit of a program of education. 3319. 
  Authority to transfer unused education benefits to family members. 
SUBCHAPTER IIIADMINISTRATIVE PROVISIONS 3321. Time limitation for 
  use of and eligibility for entitlement. 3322. Bar to duplication of 
educational assistance benefits. 3323. Administration. 3324. Allocation 
   of administration and costs. SUBCHAPTER IDEFINITIONS ' 3301. 
     Definitions In this chapter: (1) The term active 
  duty has the meanings as follows (subject to the 
limitations specified in sections 3002(6) and 3311(b)): (A) In the case 
 of members of the regular components of the Armed Forces, the meaning 
 given such term in section 101(21)(A). (B) In the case of members of 
  the reserve components of the Armed Forces, service on active duty 
   under a call or order to active duty under section 688, 12301(a), 
 12301(d), 12301(g), 12302, or 12304 of title 10. (C) In the case of a 
member of the Army National Guard of the United States or Air National 
    Guard of the United States, in addition to service described in 
subparagraph (B), full-time service 481 (i) in the National Guard 
 of a State for the purpose of organizing, administering, recruiting, 
 instructing, or training the National Guard; or (ii) in the National 
Guard under section 502(f) of title 32 when authorized by the President 
or the Secretary of Defense for the purpose of responding to a national 
emergency declared by the President and supported by Federal funds. (2) 
 The term entry level and skill training 
  means the following: (A) In the case of members of the Army, Basic 
 Combat Training and Advanced Individual Training or One Station Unit 
Training. (B) In the case of members of the Navy, Recruit Training (or 
              Boot Camp) and Skill Training (or so-called 
A School). (C) In the case of members of 
 the Air Force, Basic Military Training and Technical Training. (D) In 
 the case of members of the Marine Corps, Recruit Training and Marine 
  Corps Training (or School of Infantry Training). (E) In the case of 
 members of the Coast Guard, Basic Training and Skill Training (or so-
     called A School). (3) The term 
  program of education has the meaning 
    given such term in section 3002, except to the extent otherwise 
    provided in section 3313. (4) The term Secretary of 
 Defense means the Secretary of Defense, except that 
 the term means the Secretary of Homeland Security with respect to the 
 Coast Guard when it is not operating as a service in the Navy. (Added 
 Pub. L. 110252, title V, Sec. 5003(a)(1), June 30, 2008, 122 
Stat. 2359; amended Pub. L. 111377, title I, Sec. 101(a), Jan. 
 4, 2011, 124 Stat. 4107.) SUBCHAPTER IIEDUCATIONAL ASSISTANCE ' 
3311. Educational assistance for service in the Armed Forces commencing 
on or after September 11, 2001:entitlement (a) ENTITLEMENT.Subject 
to subsections (d) and (e), each individual described in subsection (b) 
 is entitled to educational assistance under this chapter. (b) COVERED 
  INDIVIDUALS.An individual described in this subsection is any 
individual as follows: (1) An individual who (A) commencing on or 
after September 11, 2001, serves an aggregate of at least 36 months on 
 active duty in the Armed Forces (including service on active duty in 
 entry level and skill training); and (B) after completion of service 
  described in subparagraph (A) (i) continues on active duty; or 
    (ii) is discharged or released from active duty as described in 
 subsection (c). (2) An individual who (A) commencing on or after 
 September 11, 2001, serves at least 30 continuous days on active duty 
 in the Armed Forces; and (B) after completion of service described in 
  subparagraph (A), is discharged or released from active duty in the 
  Armed Forces for a service-connected disability. (3) An individual 
   who (A) commencing on or after September 11, 2001, serves an 
  aggregate of at least 30 months, but less than 36 months, on active 
  duty in the Armed Forces (including service on active duty in entry 
    level and skill training); and (B) after completion of service 
described in subparagraph (A) (i) continues on active duty for an 
aggregate of less than 36 months; or (ii) before completion of service 
on active duty of an aggregate of 36 months, is discharged or released 
  from active duty as described in subsection (c). (4) An individual 
   who (A) commencing on or after September 11, 2001, serves an 
  aggregate of at least 24 months, but less than 30 months, on active 
  duty in the Armed Forces (including service on active duty in entry 
    level and skill training); and (B) after completion of service 
described in subparagraph (A) (i) continues on active duty for an 
aggregate of less than 30 months; or (ii) before completion of service 
on active duty of an aggregate of 30 months, is discharged or released 
  from active duty as described in subsection (c). (5) An individual 
   who (A) commencing on or after September 11, 2001, serves an 
  aggregate of at least 18 months, but less than 24 months, on active 
  duty in the Armed Forces (excluding service on active duty in entry 
    level and skill training); and (B) after completion of service 
described in subparagraph (A) (i) continues on active duty for an 
aggregate of less than 24 months; or (ii) before completion of service 
on active duty of an aggregate of 24 months, is discharged or released 
  from active duty as described in subsection (c). (6) An individual 
   who (A) commencing on or after September 11, 2001, serves an 
  aggregate of at least 12 months, but less than 18 months, on active 
  duty in the Armed Forces (excluding service on active duty in entry 
    level and skill training); and (B) after completion of service 
described in subparagraph (A) (i) continues on active duty for an 
aggregate of less than 18 months; or (ii) before completion of service 
on active duty of an aggregate of 18 months, is discharged or released 
  from active duty as described in subsection (c). (7) An individual 
   who (A) commencing on or after September 11, 2001, serves an 
aggregate of at least 6 months, but less than 12 months, on active duty 
 in the Armed Forces (excluding service on active duty in entry level 
 and skill training); and (B) after completion of service described in 
subparagraph (A) (i) continues on active duty for an aggregate of 
  less than 12 months; or (ii) before completion of service on active 
   duty of an aggregate of 12 months, is discharged or released from 
active duty as described in subsection (c). (8) An individual who 
 (A) commencing on or after September 11, 2001, serves an aggregate of 
 at least 90 days, but less than 6 months, on active duty in the Armed 
   Forces (excluding service on active duty in entry level and skill 
      training); and (B) after completion of service described in 
subparagraph (A) (i) continues on active duty for an aggregate of 
less than 6 months; or (ii) before completion of service on active duty 
of an aggregate of 6 months, is discharged or released from active duty 
as described in subsection (c). (9) An individual who is the child of a 
person who, on or after September 11, 2001, dies in line of duty while 
  serving on active duty as a member of the Armed Forces. (c) COVERED 
DISCHARGES AND RELEASES.A discharge or release from active duty of 
an individual described in this subsection is a discharge or release as 
 follows: (1) A discharge from active duty in the Armed Forces with an 
honorable discharge. (2) A release after service on active duty in the 
  Armed Forces characterized by the Secretary concerned as honorable 
   service and placement on the retired list, transfer to the Fleet 
 Reserve or Fleet Marine Corps Reserve, or placement on the temporary 
 disability retired list. (3) A release from active duty in the Armed 
 Forces for further service in a reserve component of the Armed Forces 
 after service on active duty characterized by the Secretary concerned 
 as honorable service. (4) A discharge or release from active duty in 
   the Armed Forces after service on active duty in the Armed Forces 
characterized by the Secretary concerned as honorable service for 
(A) a medical condition which preexisted the service of the individual 
 as described in the applicable paragraph of subsection (b) and which 
the Secretary determines is not service-connected; (B) hardship; or (C) 
    a physical or mental condition that was not characterized as a 
disability and did not result from the individuals own willful 
misconduct but did interfere with the individuals performance 
 of duty, as determined by the Secretary concerned in accordance with 
regulations prescribed by the Secretary of Defense. (d) PROHIBITION ON 
    TREATMENT OF CERTAIN SERVICE AS PERIOD OF ACTIVE DUTY.The 
  following periods of service shall not be considered a part of the 
 period of active duty on which an individuals entitlement to 
  educational assistance under this chapter is based: (1) A period of 
  service on active duty of an officer pursuant to an agreement under 
section 2107(b) of title 10. (2) A period of service on active duty of 
 an officer pursuant to an agreement under section 4348, 6959, or 9348 
of title 10 or section 182 of title 14. (3) A period of service that is 
   terminated because of a defective enlistment and induction based 
  on (A) the individuals being a minor for purposes of 
service in the Armed Forces; (B) an erroneous enlistment or induction; 
 or (C) a defective enlistment agreement. (e) TREATMENT OF INDIVIDUALS 
  ENTITLED UNDER MULTIPLE PROVISIONS.In the event an individual 
 entitled to educational assistance under this chapter is entitled by 
reason of both paragraphs (4) and (5) of subsection (b), the individual 
shall be treated as being entitled to educational assistance under this 
   chapter by reason of paragraph (5) of subsection (b). (f) MARINE 
       GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP. (1) IN 
GENERAL.Educational assistance payable by reason of paragraph (9) 
  of subsection (b) shall be known as the Marine Gunnery 
 Sergeant John David Fry scholarship. (2) DEFINITION 
        OF CHILD.For purposes of that paragraph, the term 
child includes a married individual or an 
 individual who is above the age of twenty-three years. (Added Pub. L. 
  110252, title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 
 2359; amended Pub. L. 11132, title X, Sec. 1002(a), June 24, 
 2009, 123 Stat. 1889; Pub. L. 111377, title I, Sec. 101(b), 
Jan. 4, 2011, 124 Stat. 4107.) ' 3312. Educational assistance: duration 
 (a) IN GENERAL.Subject to section 3695 and except as provided in 
    subsections (b) and (c), an individual entitled to educational 
  assistance under this chapter is entitled to a number of months of 
   educational assistance under section 3313 equal to 36 months. (b) 
  CONTINUING RECEIPT.The receipt of educational assistance under 
section 3313 by an individual entitled to educational assistance under 
 this chapter is subject to the provisions of section 3321(b)(2). (c) 
       DISCONTINUATION OF EDUCATION FOR ACTIVE DUTY. (1) IN 
    GENERAL.Any payment of educational assistance described in 
paragraph (2) shall not (A) be charged against any entitlement to 
educational assistance of the individual concerned under this chapter; 
 or (B) be counted against the aggregate period for which section 3695 
limits the individuals receipt of educational assistance under 
        this chapter. (2) DESCRIPTION OF PAYMENT OF EDUCATIONAL 
 ASSISTANCE.Subject to paragraph (3), the payment of educational 
     assistance described in this paragraph is the payment of such 
 assistance to an individual for pursuit of a course or courses under 
this chapter if the Secretary finds that the individual (A)(i) in 
     the case of an individual not serving on active duty, had to 
discontinue such course pursuit as a result of being called or ordered 
    to serve on active duty under section 688, 12301(a), 12301(d), 
   12301(g), 12302, or 12304 of title 10; or (ii) in the case of an 
   individual serving on active duty, had to discontinue such course 
    pursuit as a result of being ordered to a new duty location or 
assignment or to perform an increased amount of work; and (B) failed to 
     receive credit or lost training time toward completion of the 
 individuals approved education, professional, or vocational 
    objective as a result of having to discontinue, as described in 
 subparagraph (A), the individuals course pursuit. (3) PERIOD 
 FOR WHICH PAYMENT NOT CHARGED.The period for which, by reason of 
    this subsection, educational assistance is not charged against 
  entitlement or counted toward the applicable aggregate period under 
 section 3695 of this title shall not exceed the portion of the period 
of enrollment in the course or courses from which the individual failed 
to receive credit or with respect to which the individual lost training 
      time, as determined under paragraph (2)(B). (Added Pub. L. 
  110252, title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 
  2362.) ' 3313. Programs of education leading to a degree pursued at 
   institutions of higher learning on more than half-time basis (a) 
  PAYMENT.The Secretary shall pay to each individual entitled to 
 educational assistance under this chapter who is pursuing an approved 
 program of education (other than a program covered by subsections (e) 
 and (f)) the amounts specified in subsection (c) to meet the expenses 
  of such individuals subsistence, tuition, fees, and other 
    educational costs for pursuit of such program of education. (b) 
   APPROVED PROGRAMS OF EDUCATION.A program of education is an 
   approved program of education for purposes of this chapter if the 
program of education is approved for purposes of chapter 30 (including 
   approval by the State approving agency concerned). (c) AMOUNT OF 
 EDUCATIONAL ASSISTANCE.The amounts payable under this subsection 
for pursuit of an approved program of education leading to a degree at 
 an institution of higher learning (as that term is defined in section 
   3452(f)) are amounts as follows: (1) In the case of an individual 
  entitled to educational assistance under this chapter by reason of 
paragraph (1), (2), or (9) of section 3311(b), amounts as follows: (A) 
   An amount equal to the following: (i) In the case of a program of 
   education pursued at a public institution of higher learning, the 
     actual net cost for in-State tuition and fees assessed by the 
institution for the program of education after the application of 
  (I) any waiver of, or reduction in, tuition and fees; and (II) any 
scholarship, or other Federal, State, institutional, or employer-based 
   aid or assistance (other than loans and any funds provided under 
 section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a)) 
     that is provided directly to the institution and specifically 
designated for the sole purpose of defraying tuition and fees. (ii) In 
 the case of a program of education pursued at a non-public or foreign 
 institution of higher learning, the lesser of (I) the actual net 
 cost for tuition and fees assessed by the institution for the program 
   of education after the application of (aa) any waiver of, or 
  reduction in, tuition and fees; and (bb) any scholarship, or other 
  Federal, State, institutional, or employer-based aid or assistance 
 (other than loans and any funds provided under section 401(b) of the 
    Higher Education Act of 1965) that is provided directly to the 
    institution and specifically designated for the sole purpose of 
 defraying tuition and fees; or (II) the amount equal to (aa) for 
the academic year beginning on August 1, 2011, $17,500; or (bb) for an 
academic year beginning on any subsequent August 1, the amount for the 
 previous academic year beginning on August 1 under this subclause, as 
     increased by the percentage increase equal to the most recent 
  percentage increase determined under section 3015(h). (B) A monthly 
stipend in an amount as follows: (i) Except as provided in clauses (ii) 
and (iii), for each month an individual pursues a program of education 
on more than a half-time basis, a monthly housing stipend equal to the 
   product of (I) the monthly amount of the basic allowance for 
    housing payable under section 403 of title 37 for a member with 
dependents in pay grade E-5 residing in the military housing area that 
 encompasses all or the majority portion of the ZIP code area in which 
 is located the institution of higher learning at which the individual 
 is enrolled, multiplied by (II) the lesser of (aa) 1.0; or (bb) 
 the number of course hours borne by the individual in pursuit of the 
  program of education, divided by the minimum number of course hours 
required for full-time pursuit of the program of education, rounded to 
the nearest multiple of 10. (ii) In the case of an individual pursuing 
 a program of education at a foreign institution of higher learning on 
more than a half-time basis, for each month the individual pursues the 
 program of education, a monthly housing stipend equal to the product 
  of (I) the national average of the monthly amount of the basic 
   allowance for housing payable under section 403 of title 37 for a 
member with dependents in pay grade E-5, multiplied by (II) the lesser 
   of (aa) 1.0; or (bb) the number of course hours borne by the 
   individual in pursuit of the program of education, divided by the 
 minimum number of course hours required for full-time pursuit of the 
 program of education, rounded to the nearest multiple of 10. (iii) In 
   the case of an individual pursuing a program of education solely 
  through distance learning on more than a half-time basis, a monthly 
housing stipend equal to 50 percent of the amount payable under clause 
  (ii) if the individual were otherwise entitled to a monthly housing 
stipend under that clause for pursuit of the program of education. (iv 
For the first month of each quarter, semester, or term, as applicable, 
   of the program of education pursued by the individual, a lump sum 
amount for books, supplies, equipment, and other educational costs with 
respect to such quarter, semester, or term in the amount equal to 
 (I) $1,000, multiplied by (II) the fraction which is the portion of a 
    complete academic year under the program of education that such 
     quarter, semester, or term constitutes. (2) In the case of an 
  individual entitled to educational assistance under this chapter by 
   reason of section 3311(b)(3), amounts equal to 90 percent of the 
amounts that would be payable to the individual under paragraph (1) for 
the program of education if the individual were entitled to amounts for 
     the program of education under paragraph (1) rather than this 
  paragraph. (3) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(4), amounts 
    equal to 80 percent of the amounts that would be payable to the 
  individual under paragraph (1) for the program of education if the 
individual were entitled to amounts for the program of education under 
    paragraph (1) rather than this paragraph. (4) In the case of an 
  individual entitled to educational assistance under this chapter by 
   reason of section 3311(b)(5), amounts equal to 70 percent of the 
amounts that would be payable to the individual under paragraph (1) for 
the program of education if the individual were entitled to amounts for 
     the program of education under paragraph (1) rather than this 
  paragraph. (5) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(6), amounts 
    equal to 60 percent of the amounts that would be payable to the 
  individual under paragraph (1) for the program of education if the 
individual were entitled to amounts for the program of education under 
    paragraph (1) rather than this paragraph. (6) In the case of an 
  individual entitled to educational assistance under this chapter by 
   reason of section 3311(b)(7), amounts equal to 50 percent of the 
amounts that would be payable to the individual under paragraph (1) for 
the program of education if the individual were entitled to amounts for 
     the program of education under paragraph (1) rather than this 
  paragraph. (7) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(8), amounts 
    equal to 40 percent of the amounts that would be payable to the 
  individual under paragraph (1) for the program of education if the 
individual were entitled to amounts for the program of education under 
      paragraph (1) rather than this paragraph. (d) FREQUENCY OF 
 PAYMENT. (1) QUARTER, SEMESTER, OR TERM PAYMENTS.Payment of 
the amounts payable under subsection (c)(1)(A), and of similar amounts 
payable under paragraphs (2) through (7) of subsection (c), for pursuit 
    of a program of education shall be made for the entire quarter, 
  semester, or term, as applicable, of the program of education. (2) 
 MONTHLY PAYMENTS.Payment of the amount payable under subsection 
(c)(1)(B), and of similar amounts payable under paragraphs (2) through 
 (7) of subsection (c), for pursuit of a program of education shall be 
   made on a monthly basis. (3) REGULATIONS.The Secretary shall 
 prescribe in regulations methods for determining the number of months 
   (including fractions thereof) of entitlement of an individual to 
  educational assistance under this chapter that are chargeable under 
this chapter for an advance payment of amounts under paragraphs (1) and 
(2) for pursuit of a program of education on a quarter, semester, term, 
or other basis. (e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE DUTY. 
   (1) IN GENERAL.Educational assistance is payable under this 
 chapter for pursuit of an approved program of education leading to a 
degree while on active duty. (2) AMOUNT OF ASSISTANCE.The amounts 
 of educational assistance payable under this chapter to an individual 
  pursuing a program of education leading to a degree while on active 
 duty are as follows: (A) Subject to subparagraph (C), an amount equal 
to the lesser of (i) in the case of a program of education pursued 
at a public institution of higher learning, the actual net cost for in-
 State tuition and fees assessed by the institution for the program of 
education after the application of (I) any waiver of, or reduction 
   in, tuition and fees; and (II) any scholarship, or other Federal, 
 State, institutional, or employer-based aid or assistance (other than 
    loans and any funds provided under section 401(b) of the Higher 
 Education Act of 1965 (20 U.S.C. 1070a)) that is provided directly to 
  the institution and specifically designated for the sole purpose of 
defraying tuition and fees; (ii) in the case of a program of education 
pursued at a non-public or foreign institution of higher learning, the 
lesser of (I) the actual net cost for tuition and fees assessed by 
  the institution for the program of education after the application 
of (aa) any waiver of, or reduction in, tuition and fees; and (bb) 
 any scholarship, or other Federal, State, institutional, or employer-
based aid or assistance (other than loans and any funds provided under 
 section 401(b) of the Higher Education Act of 1965) that is provided 
 directly to the institution and specifically designated for the sole 
purpose of defraying tuition and fees; or (II) the amount equal to 
  (aa) for the academic year beginning on August 1, 2011, $17,500; or 
  (bb) for an academic year beginning on any subsequent August 1, the 
amount for the previous academic year beginning on August 1 under this 
 subclause, as increased by the percentage increase equal to the most 
 recent percentage increase determined under section 3015(h); or (iii) 
the amount of the charges of the educational institution as elected by 
  the individual in the manner specified in section 3014(b)(1)..1 (B) 
   Subject to subparagraph (C), for the first month of each quarter, 
 semester, or term, as applicable, of the program of education pursued 
 by the individual, a lump sum amount for books, supplies, equipment, 
and other educational costs with respect to such quarter, semester, or 
  term in the amount equal to (i) $1,000, multiplied by (ii) the 
  fraction of a complete academic year under the program of education 
that such quarter, semester, or term constitutes. (C) In the case of an 
 individual entitled to educational assistance by reason of paragraphs 
    (3) through (8) of section 3311(b), the amounts payable to the 
individual pursuant to subparagraphs (A)(i), (A)(ii), and (B) shall be 
    the amounts otherwise determined pursuant to such subparagraphs 
  multiplied by the same percentage applicable to the monthly amounts 
     payable to the individual under paragraphs (2) through (7) of 
subsection (c). (3) QUARTER, SEMESTER, OR TERM PAYMENTS.Payment of 
  the amount payable under paragraph (2) for pursuit of a program of 
 education shall be made for the entire quarter, semester, or term, as 
applicable, of the program of education. (4) MONTHLY PAYMENTS.For 
  each month (as determined pursuant to the methods prescribed under 
subsection (d)(3)) for which amounts are paid an individual under this 
subsection, the entitlement of the individual to educational assistance 
 under this chapter shall be charged at the rate of one month for each 
  such month. (f) PROGRAMS OF EDUCATION PURSUED ON HALF-TIME BASIS OR 
LESS. (1) IN GENERAL.Educational assistance is payable under 
 this chapter for pursuit of an approved program of education on half-
  time basis or less whether a program of education pursued on active 
   duty, a program of education leading to a degree, or a program of 
 education other than a program of education leading to a degree. (2) 
AMOUNT OF ASSISTANCE.The educational assistance payable under this 
  chapter to an individual pursuing a program of education covered by 
 this subsection on half-time basis or less is the amounts as follows: 
(A) The amount equal to the lesser of (i) the actual net cost for 
    in-State tuition and fees assessed by the institution of higher 
learning for the program of education after the application of (I) 
    any waiver of, or reduction in, tuition and fees; and (II) any 
scholarship, or other Federal, State, institutional, or employer-based 
   aid or assistance (other than loans and any funds provided under 
 section 401(b) of the Higher Education Act of 1965 1 So in original. 
  (20 U.S.C. 1070a)) that is provided directly to the institution and 
 specifically designated for the sole purpose of defraying tuition and 
     fees; or (ii) the maximum amount that would be payable to the 
   individual for the program of education under paragraph (1)(A) of 
 subsection (c), or under the provisions of paragraphs (2) through (7) 
  of subsection (c) applicable to the individual, for the program of 
education if the individual were entitled to amounts for the program of 
   education under subsection (c) rather than this subsection. (B) A 
 stipend in an amount equal to the amount of the appropriately reduced 
amount of the lump sum amount for books, supplies, equipment, and other 
educational costs otherwise payable to the individual under subsection 
   (c). (3) QUARTER, TERM, OR SEMESTER PAYMENTS.Payment of the 
 amounts payable to an individual under paragraph (2) for pursuit of a 
 program of education on half-time basis or less shall be made for the 
  entire quarter, semester, or term, as applicable, of the program of 
  education. (4) MONTHLY PAYMENTS.For each month (as determined 
 pursuant to the methods prescribed under subsection (d)(3)) for which 
 amounts are paid an individual under this subsection, the entitlement 
of the individual to educational assistance under this chapter shall be 
  charged at a percentage of a month equal to (A) the number of 
   course hours borne by the individual in pursuit of the program of 
education involved, divided by (B) the number of course hours for full-
 time pursuit of such program of education. (g) PROGRAMS OF EDUCATION 
   OTHER THAN PROGRAMS OF EDUCATION LEADING TO A DEGREE. (1) IN 
 GENERAL.Educational assistance is payable under this chapter for 
  pursuit of an approved program of education other than a program of 
     education leading to a degree at an institution other than an 
  institution of higher learning (as that term is defined in section 
 3452(f)). (2) PURSUIT ON HALF-TIME BASIS OR LESS.The payment of 
 educational assistance under this chapter for pursuit of a program of 
education otherwise described in paragraph (1) on a half-time basis or 
 less is governed by subsection (f). (3) AMOUNT OF ASSISTANCE.The 
  amounts of educational assistance payable under this chapter to an 
individual entitled to educational assistance under this chapter who is 
 pursuing an approved program of education covered by this subsection 
are as follows: (A) In the case of an individual enrolled in a program 
   of education (other than a program described in subparagraphs (B) 
 through (D)) in pursuit of a certificate or other non-college degree, 
   the following: (i) Subject to clause (iv), an amount equal to the 
 lesser of (I) the actual net cost for in-State tuition and fees 
  assessed by the institution concerned for the program of education 
  after the application of (aa) any waiver of, or reduction in, 
 tuition and fees; and (bb) any scholarship, or other Federal, State, 
 institutional, or employer-based aid or assistance (other than loans 
and any funds provided under section 401(b) of the Higher Education Act 
of 1965 (20 U.S.C. 1070a)) that is provided directly to the institution 
 and specifically designated for the sole purpose of defraying tuition 
 and fees; or (II) the amount equal to (aa) for the academic year 
  beginning on August 1, 2011, $17,500; or (bb) for an academic year 
   beginning on any subsequent August 1, the amount for the previous 
academic year beginning on August 1 under this subclause, as increased 
by the percentage increase equal to the most recent percentage increase 
    determined under section 3015(h). (ii) Except in the case of an 
individual pursuing a program of education on a half-time or less basis 
  and subject to clause (iv), a monthly housing stipend equal to the 
  product (I) of (aa) in the case of an individual pursuing 
   resident training, the monthly amount of the basic allowance for 
    housing payable under section 403 of title 37 for a member with 
dependents in pay grade E-5 residing in the military housing area that 
 encompasses all or the majority portion of the ZIP code area in which 
is located the institution at which the individual is enrolled; or (bb) 
 in the case of an individual pursuing a program of education through 
 distance learning, a monthly amount equal to 50 percent of the amount 
  payable under item (aa), multiplied by (II) the lesser of (aa) 
  1.0; or (bb) the number of course hours borne by the individual in 
 pursuit of the program of education involved, divided by the minimum 
 number of course hours required for full-time pursuit of such program 
 of education, rounded to the nearest multiple of 10. (iii) Subject to 
clause (iv), a monthly stipend in an amount equal to $83 for each month 
(or pro rata amount for a partial month) of training pursued for books 
 supplies, equipment, and other educational costs. (iv) In the case of 
     an individual entitled to educational assistance by reason of 
  paragraphs (3) through (8) of section 3311(b), the amounts payable 
pursuant to clauses (i), (ii), and (iii) shall be the amounts otherwise 
 determined pursuant to such clauses multiplied by the same percentage 
   applicable to the monthly amounts payable to the individual under 
  paragraphs (2) through (7) of subsection (c). (B) In the case of an 
 individual pursuing a full-time program of apprenticeship or other on-
  job training, amounts as follows: (i) Subject to clauses (iii) and 
(iv), for each month the individual pursues the program of education, a 
 monthly housing stipend equal to (I) during the first six-month 
 period of the program, the monthly amount of the basic allowance for 
    housing payable under section 403 of title 37 for a member with 
dependents in pay grade E-5 residing in the military housing area that 
 encompasses all or the majority portion of the ZIP code area in which 
 is located the employer at which the individual pursues such program; 
 (II) during the second six-month period of the program, 80 percent of 
   the monthly amount of the basic allowance for housing payable as 
described in subclause (I); (III) during the third six-month period of 
 the program, 60 percent of the monthly amount of the basic allowance 
  for housing payable as described in subclause (I); (IV) during the 
  fourth six-month period of such program, 40 percent of the monthly 
   amount of the basic allowance for housing payable as described in 
 subclause (I); and (V) during any month after the first 24 months of 
 such program, 20 percent of the monthly amount of the basic allowance 
  for housing payable as described in subclause (I). (ii) Subject to 
clauses (iii) and (iv), a monthly stipend in an amount equal to $83 for 
  each month (or pro rata amount for each partial month) of training 
  pursued for books supplies, equipment, and other educational costs. 
 (iii) In the case of an individual entitled to educational assistance 
   by reason of paragraphs (3) through (8) of sections 3311(b), the 
 amounts payable pursuant to clauses (i) and (ii) shall be the amounts 
 otherwise determined pursuant to such clauses multiplied by the same 
percentage applicable to the monthly amounts payable to the individual 
 under paragraphs (2) through (7) of subsection (c). (iv) In any month 
in which an individual pursuing a program of education consisting of a 
 program of apprenticeship or other on-job training fails to complete 
  120 hours of training, the amount of monthly educational assistance 
 allowance payable under clauses (i) and (iii) to the individual shall 
  be limited to the same proportion of the applicable rate determined 
   under this subparagraph as the number of hours worked during such 
 month, rounded to the nearest eight hours, bears to 120 hours. (C) In 
the case of an individual enrolled in a program of education consisting 
   of flight training (regardless of the institution providing such 
 program of education), an amount equal to (i) the lesser of 
 (I) the actual net cost for in-State tuition and fees assessed by the 
     institution concerned for the program of education after the 
 application of (aa) any waiver of, or reduction in, tuition and 
fees; and (bb) any scholarship, or other Federal, State, institutional, 
  or employer-based aid or assistance (other than loans and any funds 
provided under section 401(b) of the Higher Education Act of 1965) that 
is provided directly to the institution and specifically designated for 
  the sole purpose of defraying tuition and fees; or (II) the amount 
 equal to (aa) for the academic year beginning on August 1, 2011, 
   $10,000; or (bb) for an academic year beginning on any subsequent 
August 1, the amount for the previous academic year beginning on August 
 1 under this subclause, as increased by the percentage increase equal 
    to the most recent percentage increase determined under section 
  3015(h), multiplied by (ii) either (I) in the case of an 
 individual entitled to educational assistance by reason of paragraphs 
 (1), (2), or (9) of section 3311(b), 100 percent; or (II) in the case 
   of an individual entitled to educational assistance by reason of 
 paragraphs (3) through (8) of section 3311(b), the same percentage as 
would otherwise apply to the monthly amounts payable to the individual 
under paragraphs (2) through (7) of subsection (c). (D) In the case of 
   an individual enrolled in a program of education that is pursued 
exclusively by correspondence (regardless of the institution providing 
  such program of education), an amount equal to (i) the lesser 
 of (I) the actual net cost for tuition and fees assessed by the 
     institution concerned for the program of education after the 
 application of (aa) any waiver of, or reduction in, tuition and 
fees; and (bb) any scholarship, or other Federal, State, institutional, 
  or employer-based aid or assistance (other than loans and any funds 
provided under section 401(b) of the Higher Education Act of 1965) that 
is provided directly to the institution and specifically designated for 
 the sole purpose of defraying tuition and fees. (II) the amount equal 
to (aa) for the academic year beginning on August 1, 2011, $8,500; 
or (bb) for an academic year beginning on any subsequent August 1, the 
amount for the previous academic year beginning on August 1 under this 
 subclause, as increased by the percentage increase equal to the most 
recent percentage increase determined under section 3015(h), multiplied 
 by (ii) either (I) in the case of an individual entitled to 
  educational assistance by reason of paragraphs (1), (2), or (9) of 
  section 3311(b), 100 percent; or (II) in the case of an individual 
entitled to educational assistance by reason of paragraphs (3) through 
(8) of section 3311(b), the same percentage as would otherwise apply to 
  the monthly amounts payable to the individual under paragraphs (2) 
   through (7) of subsection (c). (4) FREQUENCY OF PAYMENT. (A) 
QUARTER, SEMESTER, OR TERM PAYMENTS.Payment of the amounts payable 
 under paragraph (3)(A)(i) for pursuit of a program of education shall 
 be made for the entire quarter, semester, or term, as applicable, of 
  the program of education. (B) MONTHLY PAYMENTS.Payment of the 
 amounts payable under paragraphs (3)(A)(ii) and (3)(B)(i) for pursuit 
 of a program of education shall be made on a monthly basis. (C) LUMP 
SUM PAYMENTS. (i) Payment for the amount payable under paragraphs 
  (3)(A)(iii) and (3)(B)(ii) shall be paid to the individual for the 
 first month of each quarter, semester, or term, as applicable, of the 
program education pursued by the individual. (ii) Payment of the amount 
 payable under paragraph (3)(C) for pursuit of a program of education 
 shall be made upon receipt of certification for training completed by 
  the individual and serviced by the training facility. (D) QUARTERLY 
PAYMENTS.Payment of the amounts payable under paragraph (3)(D) for 
pursuit of a program of education shall be made quarterly on a pro rata 
 basis for the lessons completed by the individual and serviced by the 
 institution. (5) CHARGE AGAINST ENTITLEMENT FOR CERTIFICATE AND OTHER 
 NON-COLLEGE DEGREE PROGRAMS. (A) IN GENERAL.In the case of 
  amounts paid under paragraph (3)(A)(i) for pursuit of a program of 
  education, the charge against entitlement to educational assistance 
  under this chapter of the individual for whom such payment is made 
shall be one month for each of (i) the amount so paid, divided by 
 (ii) subject to subparagraph (B), the amount equal to one-twelfth of 
the amount applicable in the academic year in which the payment is made 
under paragraph (3)(A)(i)(II). (B) PRO RATA ADJUSTMENT BASED ON CERTAIN 
 ELIGI-BILITY.If the amount otherwise payable with respect to an 
    individual under paragraph (3)(A)(i) is subject to a percentage 
   adjustment under paragraph (3)(A)(iv), the amount applicable with 
   respect to the individual under subparagraph (A)(ii) shall be the 
amount otherwise determined pursuant to such subparagraph subject to a 
  percentage adjustment equal to the percentage adjustment applicable 
with respect to the individual under paragraph (3)(A)(iv). (h) PAYMENT 
   OF ESTABLISHED CHARGES TO EDUCATIONAL INSTI-TUTIONS.Amounts 
  payable under subsections (c)(1)(A) (and of similar amounts payable 
   under paragraphs (2) through (7) of subsection (c)), (e)(2), and 
 (f)(2)(A), and under subparagraphs (A)(i), (C), and (D) of subsection 
     (g)(3), shall be paid directly to the educational institution 
 concerned. (i) DETERMINATION OF HOUSING STIPEND PAYMENTS FOR ACADEMIC 
   YEARS.Any monthly housing stipend payable under this section 
during the academic year beginning on August 1 of a calendar year shall 
be determined utilizing rates for basic allowances for housing payable 
    under section 403 of title 37 in effect as of January 1 of such 
     calendar year. (Added Pub. L. 110252, title V, Sec. 
      5003(a)(1), June 30, 2008, 122 Stat. 2363; amended Pub. L. 
 11132, title X, Sec. 1002(b), June 24, 2009, 123 Stat. 1889; 
Pub. L. 111275, title X, Sec. 1001(g)(1)(3), Oct. 13, 
2010, 124 Stat. 2896; Pub. L. 111 377, title I, Secs. 102(a), 
(b), 103(a), (b), 104(a), (b), 105(a)(c), 106(a), 112(a), Jan. 
4, 2011, 124 Stat. 41084110, 4112, 4113, 4117, 4121.) ' 3314. 
 Tutorial assistance (a) IN GENERAL.Subject to subsection (b), an 
individual entitled to educational assistance under this chapter shall 
also be entitled to benefits provided an eligible veteran under section 
    3492. (b) CONDITIONS. (1) IN GENERAL.The provision of 
   benefits under subsection (a) shall be subject to the conditions 
       applicable to an eligible veteran under section 3492. (2) 
CERTIFICATION.In addition to the conditions specified in paragraph 
(1), benefits may not be provided to an individual under subsection (a) 
 unless the professor or other individual teaching, leading, or giving 
the course for which such benefits are provided certifies that (A) 
 such benefits are essential to correct a deficiency of the individual 
  in such course; and (B) such course is required as a part of, or is 
   prerequisite or indispensable to the satisfactory pursuit of, an 
approved program of education. (c) AMOUNT. (1) IN GENERAL.The 
 amount of benefits described in subsection (a) that are payable under 
this section may not exceed $100 per month, for a maximum of 12 months, 
      or until a maximum of $1,200 is utilized. (2) AS ADDITIONAL 
ASSISTANCE.The amount provided an individual under this subsection 
   is in addition to the amounts of educational assistance paid the 
         individual under section 3313. (d) NO CHARGE AGAINST 
 ENTITLEMENT.Any benefits provided an individual under subsection 
   (a) are in addition to any other educational assistance benefits 
      provided the individual under this chapter. (Added Pub. L. 
  110252, title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 
2366.) ' 3315. Licensure and certification tests (a) IN GENERAL.An 
individual entitled to educational assistance under this chapter shall 
   also be entitled to payment for licensing or certification tests 
described in section 3452(b). (b) LIMITATION ON AMOUNT.The amount 
payable under subsection (a) for a licensing or certification test may 
 not exceed the lesser of (1) $2,000; (2) the fee charged for the 
  test; or (3) the amount of entitlement available to the individual 
   under this chapter at the time of payment for the test under this 
  section. (c) CHARGE AGAINST ENTITLEMENT.The charge against an 
 individuals entitlement under this chapter for payment for a 
licensing or certification test shall be determined at the rate of one 
 month (rounded to the nearest whole month) for each amount paid that 
  equals (1) for the academic year beginning on August 1, 2011, 
$1,460; or (2) for an academic year beginning on any subsequent August 
  1, the amount for the previous academic year beginning on August 1 
under this subsection, as increased by the percentage increase equal to 
 the most recent percentage increase determined under section 3015(h). 
  (Added Pub. L. 110252, title V, Sec. 5003(a)(1), June 30, 
 2008, 122 Stat. 2367; Pub. L. 111377, title I, Sec. 107(a), 
  (b), Jan. 4, 2011, 124 Stat. 4118.) ' 3315A. National tests (a) IN 
  GENERAL.An individual entitled to educational assistance under 
 this chapter shall also be entitled to educational assistance for the 
   following: (1) A national test for admission to an institution of 
 higher learning as described in the last sentence of section 3452(b). 
 (2) A national test providing an opportunity for course credit at an 
  institution of higher learning as so described. (b) AMOUNT.The 
amount of educational assistance payable under this chapter for a test 
 described in subsection (a) is the lesser of (1) the fee charged 
    for the test; or (2) the amount of entitlement available to the 
individual under this chapter at the time of payment for the test under 
this section. (c) CHARGE AGAINST ENTITLEMENT.The number of months 
  of entitlement charged an individual under this chapter for a test 
  described in subsection (a) shall be determined at the rate of one 
 month (rounded to the nearest whole month) for each amount paid that 
  equals (1) for the academic year beginning on August 1, 2011, 
$1,460; or (2) for an academic year beginning on any subsequent August 
  1, the amount for the previous academic year beginning on August 1 
under this subsection, as increased by the percentage increase equal to 
 the most recent percentage increase determined under section 3015(h). 
(Added Pub. L. 111377, title I, Sec. 108(a)(1), Jan. 4, 2011, 
 124 Stat. 4118.) ' 3316. Supplemental educational assistance: members 
 with critical skills or specialty; members serving additional service 
     (a) INCREASED ASSISTANCE FOR MEMBERS WITH CRITICAL SKILLS OR 
 SPECIALTY. (1) IN GENERAL.In the case of an individual who 
  has a skill or specialty designated by the Secretary concerned as a 
 skill or specialty in which there is a critical shortage of personnel 
  or for which it is difficult to recruit or, in the case of critical 
   units, retain personnel, the Secretary concerned may increase the 
   monthly amount of educational assistance otherwise payable to the 
    individual under paragraph (1)(B) of section 3313(c), or under 
paragraphs (2) through (7) of such section (as applicable). (2) MAXIMUM 
  AMOUNT OF INCREASE IN ASSISTANCE.The amount of the increase in 
 educational assistance authorized by paragraph (1) may not exceed the 
   amount equal to the monthly amount of increased basic educational 
   assistance providable under section 3015(d)(1) at the time of the 
     increase under paragraph (1). (b) SUPPLEMENTAL ASSISTANCE FOR 
 ADDITIONAL SERVICE. (1) IN GENERAL.The Secretary concerned 
 may provide for the payment to an individual entitled to educational 
 assistance under this chapter of supplemental educational assistance 
for additional service authorized by subchapter III of chapter 30. The 
amount so payable shall be payable as an increase in the monthly amount 
  of educational assistance otherwise payable to the individual under 
 paragraph (1)(B) of section 3313(c), or under paragraphs (2) through 
 (7) of such section (as applicable). (2) ELIGIBILITY.Eligibility 
for supplemental educational assistance under this subsection shall be 
   determined in accordance with the provisions of subchapter III of 
chapter 30, except that any reference in such provisions to eligibility 
for basic educational assistance under a provision of subchapter II of 
     chapter 30 shall be treated as a reference to eligibility for 
educational assistance under the appropriate provision of this chapter. 
   (3) AMOUNT.The amount of supplemental educational assistance 
payable under this subsection shall be the amount equal to the monthly 
  amount of supplemental educational assistance payable under section 
3022. (c) CONTINUATION OF INCREASED EDUCATIONAL ASSISTANCE. (1) IN 
GENERAL.An individual who made an election to receive educational 
assistance under this chapter pursuant to section 5003(c)(1)(A) of the 
 Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C. 3301 
 note) and who, at the time of the election, was entitled to increased 
  educational assistance under section 3015(d) or section 16131(i) of 
 title 10 shall remain entitled to increased educational assistance in 
the utilization of the individuals entitlement to educational 
   assistance under this chapter. (2) RATE.The monthly rate of 
    increased educational assistance payable to an individual under 
  paragraph (1) shall be (A) the rate of educational assistance 
 otherwise payable to the individual under section 3015(d) or section 
 16131(i) of title 10, as the case may be, had the individual not made 
 the election described in paragraph (1), multiplied by (B) the lesser 
   of (i) 1.0; or (ii) the number of course hours borne by the 
 individual in pursuit of the program of education involved divided by 
 the minimum number of course hours required for full-time pursuit of 
 the program of education, rounded to the nearest multiple of 10. (3) 
    FREQUENCY OF PAYMENT.Payment of the amounts payable under 
paragraph (1) during pursuit of a program of education shall be made on 
 a monthly basis. (d) FUNDING.Payments for increased educational 
  assistance under this section shall be made from the Department of 
Defense Education Benefits Fund under section 2006 of title 10 or from 
  appropriations available to the Department of Homeland Security for 
   that purpose, as applicable. (e) REGULATIONS.The Secretaries 
    concerned shall administer this section in accordance with such 
regulations as the Secretary of Defense shall prescribe. (Added Pub. L. 
  110252, title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 
 2367; amended Pub. L. 111275, title X, Sec. 1001(g)(4), (5), 
 Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111377, title I, Sec. 
  109(a), (b)(1), Jan. 4, 2011, 124 Stat. 4119, 4120.) ' 3317. Public-
    private contributions for additional educational assistance (a) 
   ESTABLISHMENT OF PROGRAM.In instances where the educational 
 assistance provided pursuant to section 3313(c)(1)(A) does not cover 
 the full cost of established charges (as specified in section 3313), 
   the Secretary shall carry out a program under which colleges and 
    universities can, voluntarily, enter into an agreement with the 
Secretary to cover a portion of those established charges not otherwise 
   covered under section 3313(c)(1)(A), which contributions shall be 
matched by equivalent contributions toward such costs by the Secretary. 
   The program shall only apply to covered individuals described in 
     paragraphs (1) and (2) of section 3311(b). (b) DESIGNATION OF 
   PROGRAM.The program under this section shall be known as the 
         Yellow Ribbon G.I. Education Enhancement 
  Program. (c) AGREEMENTS.The Secretary shall 
  enter into an agreement with each college or university seeking to 
  participate in the program under this section. Each agreement shall 
    specify the following: (1) The manner (whether by direct grant, 
   scholarship, or otherwise) of the contributions to be made by the 
    college or university concerned. (2) The maximum amount of the 
  contribution to be made by the college or university concerned with 
 respect to any particular individual in any given academic year. (3) 
 The maximum number of individuals for whom the college or university 
concerned will make contributions in any given academic year. (4) Such 
other matters as the Secretary and the college or university concerned 
 jointly consider appropriate. (d) MATCHING CONTRIBUTIONS. (1) IN 
GENERAL.In instances where the educational assistance provided an 
individual under section 3313(c)(1)(A) does not cover the full cost of 
 tuition and mandatory fees at a college or university, the Secretary 
 shall provide up to 50 percent of the remaining costs for tuition and 
mandatory fees if the college or university voluntarily enters into an 
agreement with the Secretary to match an equal percentage of any of the 
  remaining costs for such tuition and fees. (2) USE OF APPROPRIATED 
FUNDS.Amounts available to the Secretary under section 3324(b) for 
    payment of the costs of this chapter shall be available to the 
    Secretary for purposes of paragraph (1). (e) OUTREACH.The 
     Secretary shall make available on the Internet website of the 
 Department available to the public a current list of the colleges and 
universities participating in the program under this section. The list 
 shall specify, for each college or university so listed, appropriate 
information on the agreement between the Secretary and such college or 
university under subsection (c). (Added Pub. L. 110252, title 
V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 2368.) ' 3318. Additional 
 assistance: relocation or travel assistance for individual relocating 
or traveling significant distance for pursuit of a program of education 
(a) ADDITIONAL ASSISTANCE.Each individual described in subsection 
   (b) shall be paid additional assistance under this section in the 
amount of $500. (b) COVERED INDIVIDUALS.An individual described in 
 this subsection is any individual entitled to educational assistance 
under this chapter (1) who resides in a county (or similar entity 
utilized by the Bureau of the Census) with less than seven persons per 
  square mile, according to the most recent decennial Census; and (2) 
 who (A) physically relocates a distance of at least 500 miles in 
    order to pursue a program of education for which the individual 
 utilizes educational assistance under this chapter; or (B) travels by 
air to physically attend an institution of higher learning for pursuit 
of such a program of education because the individual cannot travel to 
      such institution by automobile or other established form of 
 transportation due to an absence of road or other infrastructure. (c) 
     PROOF OF RESIDENCE.For purposes of subsection (b)(1), an 
individual may demonstrate the individuals place of residence 
   utilizing any of the following: (1) DD Form 214, Certification of 
  Release or Discharge from Active Duty. (2) The most recent Federal 
   income tax return. (3) Such other evidence as the Secretary shall 
     prescribe for purposes of this section. (d) SINGLE PAYMENT OF 
   ASSISTANCE.An individual is entitled to only one payment of 
    additional assistance under this section. (e) NO CHARGE AGAINST 
ENTITLEMENT.Any amount paid an individual under this section is in 
  addition to any other educational assistance benefits provided the 
individual under this chapter. (Added Pub. L. 110252, title V, 
    Sec. 5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. L. 
  111275, title X, Sec. 1001(g)(6), Oct. 13, 2010, 124 Stat. 
   2896.) ' 3319. Authority to transfer unused education benefits to 
  family members (a) IN GENERAL.(1) Subject to the provisions of 
    this section, the Secretary concerned may permit an individual 
 described in subsection (b) who is entitled to educational assistance 
     under this chapter to elect to transfer to one or more of the 
       dependents specified in subsection (c) a portion of such 
  individuals entitlement to such assistance, subject to the 
 limitation under subsection (d). (2) The purpose of the authority in 
paragraph (1) is to promote recruitment and retention in the uniformed 
 services. The Secretary concerned may exercise the authority for that 
  purpose when authorized by the Secretary of Defense in the national 
         security interests of the United States. (b) ELIGIBLE 
  INDIVIDUALS.An individual referred to in subsection (a) is any 
 member of the uniformed services who, at the time of the approval of 
the individuals request to transfer entitlement to educational 
  assistance under this section, has completed at least (1) six 
 years of service in the armed forces and enters into an agreement to 
 serve at least four more years as a member of the uniformed services; 
 or (2) the years of service as determined in regulations pursuant to 
subsection (j). (c) ELIGIBLE DEPENDENTS.An individual approved to 
 transfer an entitlement to educational assistance under this section 
 may transfer the individuals entitlement as follows: (1) To 
      the individuals spouse. (2) To one or more of the 
individuals children. (3) To a combination of the individuals 
  referred to in paragraphs (1) and (2). (d) LIMITATION ON MONTHS OF 
TRANSFER.The total number of months of entitlement transferred by 
a individual under this section may not exceed 36 months. The Secretary 
  of Defense may prescribe regulations that would limit the months of 
entitlement that may be transferred under this section to no less than 
      18 months. (e) DESIGNATION OF TRANSFEREE.An individual 
   transferring an entitlement to educational assistance under this 
 section shall (1) designate the dependent or dependents to whom 
  such entitlement is being transferred; (2) designate the number of 
 months of such entitlement to be transferred to each such dependent; 
 and (3) specify the period for which the transfer shall be effective 
    for each dependent designated under paragraph (1). (f) TIME FOR 
       TRANSFER; REVOCATION AND MODIFICATION. (1) TIME FOR 
  TRANSFER.Subject to the time limitation for use of entitlement 
 under section 3321 an individual approved to transfer entitlement to 
educational assistance under this section may transfer such entitlement 
only while serving as a member of the armed forces when the transfer is 
 executed. (2) MODIFICATION OR REVOCATION. (A) IN GENERAL.An 
 individual transferring entitlement under this section may modify or 
     revoke at any time the transfer of any unused portion of the 
    entitlement so transferred. (B) NOTICE.The modification or 
revocation of the transfer of entitlement under this paragraph shall be 
   made by the submittal of written notice of the action to both the 
    Secretary concerned and the Secretary of Veterans Affairs. (3) 
    PROHIBITION ON TREATMENT OF TRANSFERRED ENTITLEMENT AS MARITAL 
  PROPERTY.Entitlement transferred under this section may not be 
treated as marital property, or the asset of a marital estate, subject 
to division in a divorce or other civil proceeding. (g) COMMENCEMENT OF 
 USE.A dependent to whom entitlement to educational assistance is 
    transferred under this section may not commence the use of the 
   transferred entitlement until (1) in the case of entitlement 
 transferred to a spouse, the completion by the individual making the 
transfer of at least (A) six years of service in the armed forces; 
 or (B) the years of service as determined in regulations pursuant to 
  subsection (j); or (2) in the case of entitlement transferred to a 
   child, both (A) the completion by the individual making the 
transfer of at least (i) ten years of service in the armed forces; 
 or (ii) the years of service as determined in regulations pursuant to 
subsection (j); and (B) either (i) the completion by the child of 
    the requirements of a secondary school diploma (or equivalency 
 certificate); or (ii) the attainment by the child of 18 years of age. 
(h) ADDITIONAL ADMINISTRATIVE MATTERS. (1) USE.The use of any 
 entitlement to educational assistance transferred under this section 
 shall be charged against the entitlement of the individual making the 
    transfer at the rate of one month for each month of transferred 
          entitlement that is used. (2) NATURE OF TRANSFERRED 
ENTITLEMENT.Except as provided under subsection (e)(2) and subject 
     to paragraphs (5) and (6) (A) in the case of entitlement 
 transferred to a spouse under this section, the spouse is entitled to 
  educational assistance under this chapter in the same manner as the 
  individual from whom the entitlement was transferred; or (B) in the 
  case of entitlement transferred to a child under this section, the 
 child is entitled to educational assistance under this chapter in the 
same manner as the individual from whom the entitlement was transferred 
       as if the individual were not on active duty. (3) RATE OF 
 PAYMENT.The monthly rate of educational assistance payable to a 
     dependent to whom entitlement referred to in paragraph (2) is 
transferred under this section shall be payable (A) in the case of 
   a spouse, at the same rate as such entitlement would otherwise be 
 payable under this chapter to the individual making the transfer; or 
(B) in the case of a child, at the same rate as such entitlement would 
 otherwise be payable under this chapter to the individual making the 
  transfer as if the individual were not on active duty. (4) DEATH OF 
TRANSFEROR.The death of an individual transferring an entitlement 
 under this section shall not affect the use of the entitlement by the 
dependent to whom the entitlement is transferred. (5) LIMITATION ON AGE 
 OF USE BY CHILD TRANSFEREES. (A) IN GENERAL.A child to whom 
  entitlement is transferred under this section may use the benefits 
transferred without regard to the 15-year delimiting date specified in 
section 3321, but may not, except as provided in subparagraph (B), use 
 any benefits so transferred after attaining the age of 26 years. (B) 
PRIMARY CAREGIVERS OF SERIOUSLY INJURED MEMBERS OF THE ARMED FORCES AND 
VETERANS. (i) IN GENERAL.Subject to clause (ii), in the case 
of a child who, before attaining the age of 26 years, is prevented from 
   pursuing a chosen program of education by reason of acting as the 
 primary provider of personal care services for a veteran or member of 
the Armed Forces under section 1720G(a), the child may use the benefits 
  beginning on the date specified in clause (iii) for a period whose 
     length is specified in clause (iv). (ii) INAPPLICABILITY FOR 
 REVOCATION.Clause (i) shall not apply with respect to the period 
of an individual as a primary provider of personal care services if the 
   period concludes with the revocation of the individuals 
 designation as such a primary provider under section 1720G(a)(7)(D). 
  (iii) DATE FOR COMMENCEMENT OF USE.The date specified in this 
clause for the beginning of the use of benefits by a child under clause 
(i) is the later of (I) the date on which the child ceases acting 
 as the primary provider of personal care services for the veteran or 
member concerned as described in clause (i); (II) the date on which it 
 is reasonably feasible, as determined under regulations prescribed by 
the Secretary, for the child to initiate or resume the use of benefits; 
or (III) the date on which the child attains the age of 26 years. (iv) 
 LENGTH OF USE.The length of the period specified in this clause 
for the use of benefits by a child under clause (i) is the length equal 
 to the length of the period that (I) begins on the date on which 
   the child begins acting as the primary provider of personal care 
  services for the veteran or member concerned as described in clause 
  (i); and (II) ends on the later of (aa) the date on which the 
 child ceases acting as the primary provider of personal care services 
for the veteran or member as described in clause (i); or (bb) the date 
on which it is reasonably feasible, as so determined, for the child to 
      initiate or resume the use of benefits. (6) SCOPE OF USE BY 
TRANSFEREES.The purposes for which a dependent to whom entitlement 
   is transferred under this section may use such entitlement shall 
 include the pursuit and completion of the requirements of a secondary 
      school diploma (or equivalency certificate). (7) ADDITIONAL 
 ADMINISTRATIVE PROVISIONS.The administrative provisions of this 
 chapter shall apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
transferred shall be treated as the eligible individual for purposes of 
     such provisions. (i) OVERPAYMENT. (1) JOINT AND SEVERAL 
LIABILITY.In the event of an overpayment of educational assistance 
 with respect to a dependent to whom entitlement is transferred under 
  this section, the dependent and the individual making the transfer 
  shall be jointly and severally liable to the United States for the 
amount of the overpayment for purposes of section 3685. (2) FAILURE TO 
COMPLETE SERVICE AGREEMENT. (A) IN GENERAL.Except as provided 
 in subparagraph (B), if an individual transferring entitlement under 
this section fails to complete the service agreed to by the individual 
 under subsection (b)(1) in accordance with the terms of the agreement 
of the individual under that subsection, the amount of any transferred 
   entitlement under this section that is used by a dependent of the 
   individual as of the date of such failure shall be treated as an 
    overpayment of educational assistance under paragraph (1). (B) 
   EXCEPTION.Subparagraph (A) shall not apply in the case of an 
       individual who fails to complete service agreed to by the 
 individual (i) by reason of the death of the individual; or (ii) 
          for a reason referred to in section 3311(c)(4). (j) 
REGULATIONS.(1) The Secretary of Defense, in coordination with the 
Secretary of Veterans Affairs, shall prescribe regulations for purposes 
of this section. (2) Such regulations shall specify (A) the manner 
of authorizing the transfer of entitlements under this section; (B) the 
  eligibility criteria in accordance with subsection (b); and (C) the 
  manner and effect of an election to modify or revoke a transfer of 
 entitlement under subsection (f)(2). (Added Pub. L. 110252, 
 title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. 
L. 111275, title X, Sec. 1001(g)(7), Oct. 13, 2010, 124 Stat. 
  2896; Pub. L. 111377, title I, Secs. 110(a), (b), 112(b), 
   title II, Sec. 201(b), Jan. 4, 2011, 124 Stat. 4120, 4122, 4123.) 
 SUBCHAPTER IIIADMINISTRATIVE PROVISIONS ' 3321. Time limitation 
 for use of and eligibility for entitlement (a) IN GENERAL.Except 
  as provided in this section, the period during which an individual 
  entitled to educational assistance under this chapter may use such 
  individuals entitlement expires at the end of the 15-year 
    period beginning on the date of such individuals last 
    discharge or release from active duty. (b) EXCEPTIONS. (1) 
 APPLICABILITY OF SECTION 3031 TO RUNNING OF PE-RIOD.Subsections 
   (b), (c), and (d) of section 3031 shall apply with respect to the 
   running of the 15-year period described in subsection (a) of this 
section in the same manner as such subsections apply under section 3031 
with respect to the running of the 10-year period described in section 
3031(a). (2) APPLICABILITY OF SECTION 3031 TO TERMINATION.Section 
       3031(f) shall apply with respect to the termination of an 
 individuals entitlement to educational assistance under this 
 chapter in the same manner as such section applies to the termination 
of an individuals entitlement to educational assistance under 
  chapter 30, except that, in the administration of such section for 
purposes of this chapter, the reference to section 3013 shall be deemed 
 to be a reference to section 3312 of this title. (3) DETERMINATION OF 
   LAST DISCHARGE OR RELEASE.For purposes of subsection (a), an 
 individuals last discharge or release from active duty shall 
 not include any discharge or release from a period of active duty of 
   less than 90 days of continuous service, unless the individual is 
    discharged or released as described in section 3311(b)(2). (4) 
 APPLICABILITY TO CHILDREN OF DECEASED MEMBERS. The period during 
  which an individual entitled to educational assistance by reason of 
   section 3311(b)(9) may use such individuals entitlement 
expires at the end of the 15-year period beginning on the date of such 
       individuals eighteenth birthday. (Added Pub. L. 
  110252, title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 
 2373; amended Pub. L. 11132, title X, Sec. 1002(c), June 24, 
     2009, 123 Stat. 1889; Pub. L. 111275, title X, Sec. 
1001(g)(8), Oct. 13, 2010, 124 Stat. 2896.) ' 3322. Bar to duplication 
 of educational assistance benefits (a) IN GENERAL.An individual 
   entitled to educational assistance under this chapter who is also 
eligible for educational assistance under chapter 30, 31, 32, or 35 of 
 this title, chapter 107, 1606, or 1607 or section 510 of title 10, or 
     the provisions of the Hostage Relief Act of 1980 (Public Law 
 96449; 5 U.S.C. 5561 note) may not receive assistance under 
 two or more such programs concurrently, but shall elect (in such form 
   and manner as the Secretary may prescribe) under which chapter or 
 provisions to receive educational assistance. (b) INAPPLICABILITY OF 
SERVICE TREATED UNDER EDUCATIONAL LOAN REPAYMENT PROGRAMS.A period 
of service counted for purposes of repayment of an education loan under 
 chapter 109 of title 10 may not be counted as a period of service for 
 entitlement to educational assistance under this chapter. (c) SERVICE 
   IN SELECTED RESERVE.An individual who serves in the Selected 
  Reserve may receive credit for such service under only one of this 
chapter, chapter 30 of this title, and chapters 1606 and 1607 of title 
   10, and shall elect (in such form and manner as the Secretary may 
  prescribe) under which chapter such service is to be credited. (d) 
   ADDITIONAL COORDINATION MATTERS.In the case of an individual 
 entitled to educational assistance under chapter 30, 31, 32, or 35 of 
 this title, chapter 107, 1606, or 1607 of title 10, or the provisions 
   of the Hostage Relief Act of 1980, or making contributions toward 
 entitlement to educational assistance under chapter 30 of this title, 
   as of August 1, 2009, coordination of entitlement to educational 
 assistance under this chapter, on the one hand, and such chapters or 
   provisions, on the other, shall be governed by the provisions of 
section 5003(c) of the Post-9/11 Veterans Educational Assistance Act of 
 2008. (e) BAR TO CONCURRENT RECEIPT OF TRANSFERRED EDUCATION BENEFITS 
        AND MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP 
ASSISTANCE.An individual entitled to educational assistance under 
both sections 3311(b)(9) and 3319 may not receive assistance under both 
 provisions concurrently, but shall elect (in such form and manner as 
     the Secretary may prescribe) under which provision to receive 
educational assistance. (f) BAR TO RECEIPT OF COMPENSATION AND PENSION 
     AND MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST-
  ANCE.The commencement of a program of education under section 
3311(b)(9) shall be a bar to the following: (1) Subsequent payments of 
dependency and indemnity compensation or pension based on the death of 
 a parent to an eligible person over the age of 18 years by reason of 
 pursuing a course in an educational institution. (2) Increased rates, 
   or additional amounts, of compensation, dependency and indemnity 
compensation, or pension because of such a person, whether eligibility 
is based upon the death of the parent. (g) BAR TO CONCURRENT RECEIPT OF 
 TRANSFERRED EDUCATION BENEFITS.A spouse or child who is entitled 
  to educational assistance under this chapter based on a transfer of 
 entitlement from more than one individual under section 3319 may not 
     receive assistance based on transfers from more than one such 
 individual concurrently, but shall elect (in such form and manner as 
    the Secretary may prescribe) under which source to utilize such 
assistance at any one time. (h) BAR TO DUPLICATION OF ELIGIBILITY BASED 
     ON A SINGLE EVENT OR PERIOD OF SERVICE. (1) ACTIVE-DUTY 
SERVICE.An individual with qualifying service in the Armed Forces 
    that establishes eligibility on the part of such individual for 
  educational assistance under this chapter, chapter 30 or 32 of this 
title, and chapter 1606 or 1607 of title 10, shall elect (in such form 
 and manner as the Secretary may prescribe) under which authority such 
 service is to be credited. (2) ELIGIBILITY FOR EDUCATIONAL ASSISTANCE 
BASED ON PARENTS SERVICE.A child of a member of the Armed 
 Forces who, on or after September 11, 2001, dies in the line of duty 
     while serving on active duty, who is eligible for educational 
assistance under either section 3311(b)(9) or chapter 35 of this title 
  based on the parents death may not receive such assistance 
 under both this chapter and chapter 35 of this title, but shall elect 
 (in such form and manner as the Secretary may prescribe) under which 
  chapter to receive such assistance. (Added Pub. L. 110252, 
 title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. 
 L. 111377, title I, Sec. 111(a)(d), title II, Sec. 
      202(a), Jan. 4, 2011, 124 Stat. 4120, 4121, 4124.) ' 3323. 
   Administration (a) IN GENERAL. (1) IN GENERAL.Except as 
otherwise provided in this chapter, the provisions specified in section 
  3034(a)(1) and 3680(c) shall apply to the provision of educational 
 assistance under this chapter. (2) SPECIAL RULE.In applying the 
 provisions referred to in paragraph (1) to an individual entitled to 
educational assistance under this chapter for purposes of this section, 
   the reference in such provisions to the term eligible 
  veteran shall be deemed to refer to an individual 
  entitled to educational assistance under this chapter. (3) RULE FOR 
 APPLYING SECTION 3474.In applying section 3474 to an individual 
 entitled to educational assistance under this chapter for purposes of 
     this section, the reference in such section 3474 to the term 
educational assistance allowance shall be 
 deemed to refer to educational assistance payable under section 3313. 
(4) RULE FOR APPLYING SECTION 3482.In applying section 3482(g) to 
an individual entitled to educational assistance under this chapter for 
   purposes of this section (A) the first reference to the term 
educational assistance allowance in such 
  section 3482(g) shall be deemed to refer to educational assistance 
payable under section 3313; and (B) the first sentence of paragraph (1) 
of such section 3482(g) shall be applied as if such sentence ended with 
      equipment. (b) INFORMATION ON 
   BENEFITS. (1) TIMING FOR PROVIDING.The Secretary shall 
 provide the information described in paragraph (2) to each member of 
 the Armed Forces at such times as the Secretary and the Secretary of 
  Defense shall jointly prescribe in regulations. (2) DESCRIPTION OF 
    INFORMATION.The information described in this paragraph is 
     information on benefits, limitations, procedures, eligibility 
   requirements (including time-in-service requirements), and other 
    important aspects of educational assistance under this chapter, 
including application forms for such assistance under section 5102. (3) 
 TO WHOM PROVIDED.The Secretary of Veterans Affairs shall furnish 
    the information and forms described in paragraph (2), and other 
educational materials on educational assistance under this chapter, to 
 educational institutions, training establishments, military education 
    personnel, and such other persons and entities as the Secretary 
 considers appropriate. (c) REGULATIONS. (1) IN GENERAL.The 
 Secretary shall prescribe regulations for the administration of this 
    chapter. (2) UNIFORMITY.Any regulations prescribed by the 
Secretary of Defense for purposes of this chapter shall apply uniformly 
across the Armed Forces. (Added Pub. L. 110252, title V, Sec. 
      5003(a)(1), June 30, 2008, 122 Stat. 2374; amended Pub. L. 
111377, title I, Sec. 112(c), Jan. 4, 2011, 124 Stat. 4122.) ' 
           3324. Allocation of administration and costs (a) 
 ADMINISTRATION.Except as otherwise provided in this chapter, the 
  Secretary shall administer the provision of educational assistance 
    under this chapter. (b) COSTS.Payments for entitlement to 
  educational assistance earned under this chapter shall be made from 
 funds appropriated to, or otherwise made available to, the Department 
       for the payment of readjustment benefits. (Added Pub. L. 
  110252, title V, Sec. 5003(a)(1), June 30, 2008, 122 Stat. 
 2375.) CHAPTER 34 OF TITLE 38, UNITED STATES CODE [As Amended Through 
          P.L. 1127, Enacted March 31, 2011] xTITLE 
 38VETERANS BENEFITS xPART IIIREADJUSTMENT 
    AND RELATED BENEFITS CHAPTER 34VETERANS 
 EDUCATIONAL ASSISTANCE SUBCHAPTER IPURPOSEDEFINITIONS Sec. 
  3451. Purpose. 3452. Definitions. SUBCHAPTER IIELIGIBILITY AND 
   ENTITLEMENT 3461. Eligibility; entitlement; duration. 3462. Time 
     limitations for completing a program of education. SUBCHAPTER 
  IIIENROLLMENT 3470. Selection of program. 3471. Applications; 
  approval. [3473. Repealed.] 3474. Discontinuance for unsatisfactory 
    conduct or progress. 3476. Education outside the United States. 
   SUBCHAPTER IVPAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT 
 SERVICES 3481. Educational assistance allowance. 3482. Computation of 
  educational assistance allowances. 3483. Approval of courses. 3484. 
Apprenticeship or other on-job training; correspondence courses. 3485. 
   Work-study allowance. SUBCHAPTER VSPECIAL ASSISTANCE FOR THE 
    EDUCATIONALLY DISADVANTAGED 3490. Purpose. 3491. Elementary and 
   secondary education and preparatory educational assistance. 3492. 
     Tutorial assistance. 3493. Effect on educational entitlement. 
  SUBCHAPTER IPURPOSE ' 3451. Purpose The Congress of the United 
   States hereby declares that the education program created by this 
chapter is for the purpose of (1) enhancing and making more attractive 
  service in the Armed Forces of the United States, (2) extending the 
benefits of a higher education to qualified and deserving young persons 
   who might not otherwise be able to afford such an education, (3) 
   providing vocational readjustment and restoring lost educational 
 opportunities to those service men and women whose careers have been 
interrupted or impeded by reason of active duty after January 31, 1955, 
and (4) aiding such persons in attaining the vocational and educational 
status which they might normally have aspired to and obtained had they 
 not served their country. 513 (Added Pub. L. 89358, Sec. 2, 
  Mar. 3, 1966, 80 Stat. 12, Sec. 1651; renumbered Sec. 3451, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3452. 
  Definitions For the purposes of this chapter and chapter 36 of this 
            title (a)(1) The term eligible 
  veteran means any veteran who (A) served on 
   active duty for a period of more than 180 days, any part of which 
 occurred after January 31, 1955, and before January 1, 1977, and was 
     discharged or released therefrom under conditions other than 
dishonorable; (B) contracted with the Armed Forces and was enlisted in 
 or assigned to a reserve component prior to January 1, 1977, and as a 
  result of such enlistment or assignment served on active duty for a 
  period of more than 180 days, any part of which commenced within 12 
months after January 1, 1977, and was discharged or released from such 
   active duty under conditions other than dishonorable; or (C) was 
    discharged or released from active duty, any part of which was 
   performed after January 31, 1955, and before January 1, 1977, or 
following entrance into active service from an enlistment provided for 
under subparagraph (B), because of a service-connected disability. (2) 
The requirement of discharge or release, prescribed in subparagraph (A) 
or (B) of paragraph (1), shall be waived in the case of any individual 
 who served more than 180 days in an active-duty status for so long as 
 such individual continues on active duty without a break therein. (3) 
    For purposes of paragraph (1)(A) and section 3461(a), the term 
 active duty does not include any period 
  during which an individual (A) was assigned full time by the Armed 
 Forces to a civilian institution for a course of education which was 
substantially the same as established courses offered to civilians, (B) 
served as a cadet or midshipman at one of the service academies, or (C) 
served under the provisions of section 12103(d) of title 10 pursuant to 
 an enlistment in the Army National Guard or the Air National Guard or 
 as a Reserve for service in the Army Reserve, Navy Reserve, Air Force 
 Reserve, Marine Corps Reserve, or Coast Guard Reserve unless at some 
  time subsequent to the completion of such period of active duty for 
training such individual served on active duty for a consecutive period 
of one year or more (not including any service as a cadet or midshipman 
 at one of the service academies). (b) The term program of 
education means any curriculum or any combination of 
unit courses or subjects pursued at an educational institution which is 
    generally accepted as necessary to fulfill requirements for the 
attainment of a predetermined and identified educational, professional, 
 or vocational objective. Such term also means any curriculum of unit 
courses or subjects pursued at an educational institution which fulfill 
  requirements for the attainment of more than one predetermined and 
 identified educational, professional, or vocational objective if all 
  the objectives pursued are generally recognized as being reasonably 
related to a single career field. Such term also means any unit course 
   or subject, or combination of courses or subjects, pursued by an 
    eligible veteran at an educational institution, required by the 
 Administrator of the Small Business Administration as a condition to 
obtaining financial assistance under the provisions of section 7(i)(1) 
    of the Small Business Act (15 U.S.C. 636(i)(1)). Such term also 
includes licensing or certification tests, the successful completion of 
which demonstrates an individuals possession of the knowledge 
or skill required to enter into, maintain, or advance in employment in 
 a predetermined and identified vocation or profession, provided such 
tests and the licensing or credentialing organizations or entities that 
   offer such tests are approved by the Secretary in accordance with 
  section 3689 of this title. Such term also includes any course, or 
      combination of courses, offered by a qualified provider of 
 entrepreneurship courses. Such term also includes national tests for 
admission to institutions of higher learning or graduate schools (such 
   as the Scholastic Aptitude Test (SAT), Law School Admission Test 
 (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission 
  Test (GMAT)) and national tests providing an opportunity for course 
    credit at institutions of higher learning (such as the Advanced 
Placement (AP) exam and College-Level Examination Program (CLEP)). (c) 
 The term educational institution means 
 any public or private elementary school, secondary school, vocational 
    school, correspondence school, business school, junior college, 
teachers college, college, normal school, professional school, 
     university, or scientific or technical institution, or other 
  institution furnishing education for adults. Such term includes any 
  entity that provides training required for completion of any State-
 approved alternative teacher certification program (as determined by 
the Secretary). Such term also includes any private entity (that meets 
 such requirements as the Secretary may establish) that offers, either 
  directly or under an agreement with another entity (that meets such 
  requirements), a course or courses to fulfill requirements for the 
    attainment of a license or certificate generally recognized as 
necessary to obtain, maintain, or advance in employment in a profession 
   or vocation in a high technology occupation (as determined by the 
     Secretary). Such term also includes any qualified provider of 
                entrepreneurship courses. (d) The term 
 dependent means (1) a child of an 
 eligible veteran; (2) a dependent parent of an eligible veteran; and 
          (3) the spouse of an eligible veteran. (e) The term 
 training establishment means any of the 
 following: (1) An establishment providing apprentice or other on-job 
    training, including those under the supervision of a college or 
 university or any State department of education. (2) An establishment 
   providing self-employment on-job training consisting of full-time 
    training for a period of less than six months that is needed or 
   accepted for purposes of obtaining licensure to engage in a self-
  employment occupation or required for ownership and operation of a 
 franchise that is the objective of the training. (3) A State board of 
      vocational education. (4) A Federal or State apprenticeship 
 registration agency. (5) The sponsor of a program of apprenticeship. 
 (6) An agency of the Federal Government authorized to supervise such 
       training. (f) The term institution of higher 
  learning means a college, university, or similar 
    institution, including a technical or business school, offering 
postsecondary level academic instruction that leads to an associate or 
   higher degree if the school is empowered by the appropriate State 
  education authority under State law to grant an associate or higher 
   degree. When there is no State law to authorize the granting of a 
   degree, the school may be recognized as an institution of higher 
   learning if it is accredited for degree programs by a recognized 
 accrediting agency. Such term shall also include a hospital offering 
   educational programs at the postsecondary level without regard to 
  whether the hospital grants a postsecondary degree. Such term shall 
   also include an educational institution which is not located in a 
 State, which offers a course leading to a standard college degree, or 
  the equivalent, and which is recognized as such by the secretary of 
education (or comparable official) of the country or other jurisdiction 
in which the institution is located. (g) The term standard 
 college degree means an associate or higher degree 
awarded by (1) an institution of higher learning that is accredited as 
     a collegiate institution by a recognized regional or national 
accrediting agency; or (2) an institution of higher learning that is a 
candidate for accreditation as that term 
  is used by the regional or national accrediting agencies; or (3) an 
  institution of higher learning upon completion of a course which is 
accredited by an agency recognized to accredit specialized degree-level 
programs. For the purpose of this section, the accrediting agency must 
be one recognized by the Secretary of Education under the provisions of 
section 3675 of this title. (h) The term qualified provider 
    of entrepreneurship courses means any of the 
    following entities insofar as such entity offers, sponsors, or 
cosponsors an entrepreneurship course (as defined in section 3675(c)(2) 
of this title): (1) Any small business development center described in 
section 21 of the Small Business Act (15 U.S.C. 648). (2) The National 
Veterans Business Development Corporation (established under section 33 
      of the Small Business Act (15 U.S.C. 657c)). (Added Pub. L. 
 89358, Sec. 2, Mar. 3, 1966, 80 Stat. 13, Sec. 1652; amended 
Pub. L. 9077, title III, Sec. 304(c), Aug. 31, 1967, 81 Stat. 
  186; Pub. L. 91219, title II, Sec. 201, Mar. 26, 1970, 84 
  Stat. 78; Pub. L. 91584, Sec. 10, Dec. 24, 1970, 84 Stat. 
  1577; Pub. L. 93508, title II, Sec. 201, Dec. 3, 1974, 88 
   Stat. 1581; Pub. L. 94 502, title II, Sec. 202, 210(1), 
 211(1), title IV, Sec. 402, Oct. 15, 1976, 90 Stat. 2385, 2388, 2392; 
   Pub. L. 96466, title III, Sec. 307(a), title VIII, Sec. 
  801(a), Oct. 17, 1980, 94 Stat. 2193, 2216; Pub. L. 97295, 
  Sec. 4(38), Oct. 12, 1982, 96 Stat. 1307; renumbered Sec. 3452 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
  Stat. 406; Pub. L. 103446, title VI, Sec. 603(a), Nov. 2, 
1994, 108 Stat. 4671; Pub. L. 104275, title I, Sec. 102, Oct. 
9, 1996, 110 Stat. 3326; Pub. L. 106419, title I, Sec. 122(a), 
  Nov. 1, 2000, 114 Stat. 1833; Pub. L. 10714, Sec. 8(a)(4), 
  June 5, 2001, 115 Stat. 34; Pub. L. 107103, title I, Sec. 
 110(a), Dec. 27, 2001, 115 Stat. 986; Pub. L. 108183, title 
 III, Secs. 301(a), 305(c)(e), Dec. 16, 2003, 117 Stat. 2658, 
2660; Pub. L. 108454, title I, Secs. 106(a), 110(a), Dec. 10, 
 2004, 118 Stat. 3602, 3605; Pub. L. 109163, div. A, title V, 
       Sec. 515(e)(4), Jan. 6, 2006, 119 Stat. 3236.) SUBCHAPTER 
 IIELIGIBILITY AND ENTITLEMENT ' 3461. Eligibility; entitlement; 
duration (a) ENTITLEMENT.Except as provided in subsection (c) and 
in the second sentence of this subsection, each eligible veteran shall 
be entitled to educational assistance under this chapter or chapter 36 
 for a period of one and one-half months (or the equivalent thereof in 
part-time educational assistance) for each month or fraction thereof of 
the veterans service on active duty after January 31, 1955. If 
an eligible veteran has served a period of 18 months or more on active 
 duty after January 31, 1955, and has been released from such service 
 under conditions that would satisfy the veterans active duty 
  obligation, the veteran shall be entitled to educational assistance 
under this chapter for a period of 45 months (or the equivalent thereof 
in part-time educational assistance). In the case of any person serving 
 on active duty on December 31, 1976, or a person whose eligibility is 
  based on section 3452(a)(1)(B) of this chapter, the ending date for 
 computing such persons entitlement shall be the date of such 
  persons first discharge or release from active duty after 
December 31, 1976. (b) ENTITLEMENT LIMITATIONS.Whenever the period 
    of entitlement under this section of an eligible veteran who is 
   enrolled in an educational institution regularly operated on the 
  quarter or semester system ends during a quarter or semester, such 
 period shall be extended to the termination of such unexpired quarter 
or semester. In educational institutions not operated on the quarter or 
semester system, whenever the period of eligibility ends after a major 
portion of the course is completed such period shall be extended to the 
end of the course or for twelve weeks, whichever is the lesser period. 
 (c) DURATION OF ENTITLEMENT.Except as provided in subsection (b) 
and in subchapter V of this chapter, no eligible veteran shall receive 
   educational assistance under this chapter in excess of 45 months. 
(Added Pub. L. 89358, Sec. 2, Mar. 3, 1966, 80 Stat. 13, Sec. 
 1661; amended Pub. L. 9077, title III, Sec. 306(b)(2), Aug. 
  31, 1967, 81 Stat. 188; Pub. L. 90631, Sec. 1(b), Oct. 23, 
1968, 82 Stat. 1331; Pub. L. 91219, title II, Sec. 204(a)(1), 
  Mar. 26, 1970, 84 Stat. 79; Pub. L. 92540, title IV, Sec. 
401(1), Oct. 24, 1972, 86 Stat. 1089; Pub. L. 93508, title II, 
 Sec. 202, Dec. 3, 1974, 88 Stat. 1581; Pub. L. 94502, title 
 II, Sec. 203, 211(2), title IV, Sec. 403(a), Oct. 15, 1976, 90 Stat. 
 2386, 2388, 2393; Pub. L. 96466, title VI, Sec. 601(b), Oct. 
   17, 1980, 94 Stat. 2208; renumbered Sec. 3461 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
109233, title V, Sec. 503(8)(A), (B), June 15, 2006, 120 Stat. 
 416.) ' 3462. Time limitations for completing a program of education 
(a) DELIMITING PERIOD FOR COMPLETION.(1) Subject to paragraph (4) 
  of this subsection, no educational assistance shall be afforded an 
eligible veteran under this chapter beyond the date 10 years after the 
  veterans last discharge or release from active duty after 
January 31, 1955; except that, in the case of any eligible veteran who 
  was prevented from initiating or completing such veterans 
   chosen program of education within such time period because of a 
    physical or mental disability which was not the result of such 
  veterans own willful misconduct, such veteran shall, upon 
    application made within one year after (A) the last date of the 
  delimiting period otherwise applicable under this section, (B) the 
termination of the period of such mental or physical disability, or (C) 
 October 1, 1980, whichever is the latest, be granted an extension of 
    the applicable delimiting period for such length of time as the 
   Secretary determines, from the evidence, that such veteran was so 
prevented from initiating or completing such program of education. When 
 an extension of the applicable delimiting period is granted a veteran 
  under the preceding sentence, the delimiting period with respect to 
 such veteran will again begin running on the first day following such 
    veterans recovery from such disability on which it is 
reasonably feasible, as determined in accordance with regulations which 
 the Secretary shall prescribe, for such veteran to initiate or resume 
  pursuit of a program of education with educational assistance under 
 this chapter. x(2) Repealed. Pub. L. 108183, title III, Sec. 
306(d), Dec. 16, 2003, 117 Stat. 2661. x(3) Repealed. Pub. L. 
10714, Sec. 8(a)(5), June 5, 2001, 115 Stat. 34. (4) 
 For purposes of paragraph (1) of this subsection, a veterans 
   last discharge or release from active duty shall not include any 
discharge or release from a period of active duty of less than 90 days 
 of continuous service unless the individual involved is discharged or 
 released for a service-connected disability, for a medical condition 
which preexisted such service and which the Secretary determines is not 
service connected, for hardship, or as a result of a reduction in force 
   as described in section 3011(a)(1)(A)(ii)(III) of this title. (b) 
 CORRECTION OF DISCHARGE.In the case of any eligible veteran who 
 has been prevented, as determined by the Secretary, from completing a 
program of education under this chapter within the period prescribed by 
subsection (a), because the veteran had not met the nature of discharge 
     requirements of this chapter before a change, correction, or 
modification of a discharge or dismissal made pursuant to section 1553 
   of title 10, the correction of the military records of the proper 
service department under section 1552 of title 10, or other corrective 
action by competent authority, then the 10-year delimiting period shall 
  run from the date the veterans discharge or dismissal was 
changed, corrected, or modified. (c) SAVINGS CLAUSE.In the case of 
 any eligible veteran who was discharged or released from active duty 
before June 1, 1966, the 10-year delimiting period shall run from such 
date, if it is later than the date which otherwise would be applicable. 
In the case of any eligible veteran who was discharged or released from 
 active duty before August 31, 1967, and who pursues a course of farm 
cooperative training, apprenticeship or other training on the job, the 
  10-year delimiting period shall run from August 31, 1967, if it is 
later than the date which would otherwise be applicable. (d) PRISONERS 
   OF WAR.In the case of any veteran (1) who served on or after 
 January 31, 1955, (2) who became eligible for educational assistance 
 under the provisions of this chapter or chapter 36 of this title, and 
(3) who, subsequent to the veterans last discharge or release 
   from active duty, was captured and held as a prisoner of war by a 
foreign government or power, there shall be excluded, in computing the 
    veterans 10-year period of eligibility for educational 
assistance, any period during which the veteran was so detained and any 
 period immediately following the veterans release from such 
  detention during which the veteran was hospitalized at a military, 
   civilian, or Department of Veterans Affairs medical facility. (e) 
   TERMINATION OF ASSISTANCE.No educational assistance shall be 
afforded any eligible veteran under this chapter or chapter 36 of this 
 title after December 31, 1989. (Added Pub. L. 89358, Sec. 2, 
 Mar. 3, 1966, 80 Stat. 14, Sec. 1662; amended Pub. L. 9077, 
       title III, Sec. 305, Aug. 31, 1967, 81 Stat. 188; Pub. L. 
     93337, Sec. 1, July 10, 1974, 88 Stat. 292; Pub. L. 
94502, title II, Sec. 211(3), title IV, Sec. 403(b), Oct. 15, 
   1976, 90 Stat. 2388, 2393; Pub. L. 95202, title II, Sec. 
       203(a)(1), (b)(1), Nov. 23, 1977, 91 Stat. 1439; Pub. L. 
96466, title III, Sec. 301, Oct. 17, 1980, 94 Stat. 2191; Pub. 
 L. 9735, title XX, Sec. 2003(b)(1), Aug. 13, 1981, 95 Stat. 
  782; Pub. L. 9772, title II, Sec. 201(a), Nov. 3, 1981, 95 
Stat. 1054; Pub. L. 97295, Sec. 4(39), Oct. 12, 1982, 96 Stat. 
1307; Pub. L. 97306, title II, Sec. 206(a), Oct. 14, 1982, 96 
 Stat. 1435; Pub. L. 98160, title VII, Sec. 702(10), Nov. 21, 
1983, 97 Stat. 1009; Pub. L. 101237, title IV, Sec. 420(a)(3), 
 423(b)(1), Dec. 18, 1989, 103 Stat. 2087, 2092; renumbered Sec. 3462 
 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 10714, Sec. 8(a)(5), June 5, 2001, 115 
 Stat. 34; Pub. L. 108 183, title III, Sec. 306(d), Dec. 16, 
2003, 117 Stat. 2661; Pub. L. 109233, title V, Sec. 503(8)(A), 
(C), June 15, 2006, 120 Stat. 416.) x' 3463. Vacant SUBCHAPTER 
    IIIENROLLMENT ' 3470. Selection of program Subject to the 
provisions of this chapter, each eligible veteran may select a program 
    of education to assist the veteran in attaining an educational, 
 professional, or vocational objective at any educational institution 
(approved in accordance with chapter 36 of this title) selected by the 
   veteran, which will accept and retain the veteran as a student or 
  trainee in any field or branch of knowledge which such institution 
  finds the veteran qualified to undertake or pursue. (Added Pub. L. 
 89358, Sec. 2, Mar. 3, 1966, 80 Stat. 15, Sec. 1670; amended 
Pub. L. 94502, title II, Sec. 211(5), Oct. 15, 1976, 90 Stat. 
2388; renumbered Sec. 3470, Pub. L. 10283, Sec. 5(a), Aug. 6, 
   1991, 105 Stat. 406.) ' 3471. Applications; approval Any eligible 
  veteran, or any person on active duty (after consultation with the 
   appropriate service education officer), who desires to initiate a 
program of education under this chapter shall submit an application to 
      the Secretary which shall be in such form, and contain such 
  information, as the Secretary shall prescribe. The Secretary shall 
   approve such application unless the Secretary finds that (1) such 
 veteran or person is not eligible for or entitled to the educational 
assistance for which application is made, (2) the veterans or 
     persons selected educational institution or training 
establishment fails to meet any requirement of this chapter or chapter 
    36 of this title, (3) the veterans or persons 
 enrollment in, or pursuit of, the program of education selected would 
 violate any provision of this chapter or chapter 36 of this title, or 
 (4) the veteran or person is already qualified, by reason of previous 
education or training, for the educational, professional, or vocational 
objective for which the program of education is offered. The Secretary 
 shall not treat a person as already qualified for the objective of a 
        program of education offered by a qualified provider of 
  entrepreneurship courses solely because such person is the owner or 
   operator of a business. The Secretary shall notify the veteran or 
   person of the approval or disapproval of the veterans or 
 persons application. (Added Pub. L. 89358, Sec. 2, 
 Mar. 3, 1966, 80 Stat. 15, Sec. 1671; amended Pub. L. 92540, 
      title III, Sec. 302, Oct. 24, 1972, 86 Stat. 1080; Pub. L. 
 94502, title II, Sec. 211(6), Oct. 15, 1976, 90 Stat. 2388; 
 Pub. L. 96466, title III, Sec. 302, Oct. 17, 1980, 94 Stat. 
 2192; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
  1989, 103 Stat. 2092; renumbered Sec. 3471, Pub. L. 10283, 
 Sec. 5(a), Aug. 6, 1991, 105Stat. 406; Pub. L. 108183, title 
      III, Sec. 305(b), Dec. 16, 2003, 117 Stat. 2660.) x' 3472. 
Vacant x' 3473. Repealed. Pub. L. 102568, title III, 
   Sec. 313(a)(3)(A), Oct. 29, 1992, 106 Stat. 4332 ' 3474. 
  Discontinuance for unsatisfactory conduct or progress The Secretary 
 shall discontinue the educational assistance allowance of an eligible 
  veteran if, at any time, the Secretary finds that according to the 
    regularly prescribed standards and practices of the educational 
institution, the veterans attendance, conduct, or progress is 
unsatisfactory. The Secretary may renew the payment of the educational 
  assistance allowance only if the Secretary finds that (1) the 
veteran will be resuming enrollment at the same educational institution 
 in the same program of education and the educational institution has 
 both approved such veterans reenrollment and certified it to 
 the Department of Veterans Affairs; or (2) in the case of a proposed 
change of either educational institution or program of education by the 
 veteran (A) the cause of the unsatisfactory attendance, conduct, 
or progress has been removed; (B) the program proposed to be pursued is 
suitable to the veterans aptitudes, interests, and abilities; 
 and (C) if a proposed change of program is involved, the change meets 
the requirements for approval under section 3691 of this title. (Added 
 Pub. L. 89358, Sec. 2, Mar. 3, 1966, 80 Stat. 16, Sec. 1674; 
 amended Pub. L. 94502, title II, Sec. 206, 211(8), Oct. 15, 
  1976, 90 Stat. 2387, 2388; Pub. L. 95 202, title III, Sec. 
305(b)(1), Nov. 23, 1977, 91 Stat. 1443; Pub. L. 96466, title 
 III, Sec. 306, Oct. 17, 1980, 94 Stat. 2193; Pub. L. 101237, 
 title IV, Sec. 411(a), 412(b), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
      2084, 2085, 2092; renumbered Sec. 3474 and amended Pub. L. 
  10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) x' 
 3475. Vacant ' 3476. Education outside the United States An 
eligible veteran may not enroll in any course offered by an educational 
institution not located in a State unless that educational institution 
    is an approved institution of higher learning and the course is 
   approved by the Secretary. The Secretary may deny or discontinue 
 educational assistance under this chapter in the case of any veteran 
enrolled in an institution of higher learning not located in a State if 
   the Secretary determines that such enrollment is not in the best 
   interest of the veteran or the Federal Government. (Added Pub. L. 
 89358, Sec. 2, Mar. 3, 1966, 80 Stat. 17, Sec. 1676; amended 
Pub. L. 94502, title II, Sec. 211(9), Oct. 15, 1976, 90 Stat. 
2389; Pub. L. 96466, title III, Sec. 307(b), Oct. 17, 1980, 94 
Stat. 2193; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 
18, 1989, 103 Stat. 2092; renumbered Sec. 3476, Pub. L. 10283, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title 
    VI, Sec. 604(a), Nov. 2, 1994, 108 Stat. 4671.) x'' 3477, 3478. 
   Vacant SUBCHAPTER IVPAYMENTS TO ELIGIBLE VETERANS; 
 VETERAN-STUDENT SERVICES ' 3481. Educational assistance allowance (a) 
  GENERAL.The Secretary shall, in accordance with the applicable 
 provisions of this section and chapter 36 of this title, pay to each 
  eligible veteran who is pursuing a program of education under this 
   chapter an educational assistance allowance to meet, in part, the 
expenses of the veterans subsistence, tuition, fees, supplies, 
   books, equipment, and other educational costs. (b) INSTITUTIONAL 
   TRAINING.The educational assistance allowance of an eligible 
     veteran pursuing a program of education, other than a program 
 exclusively by correspondence, at an educational institution shall be 
     paid as provided in chapter 36 of this title. (Added Pub. L. 
 89358, Sec. 2, Mar. 3, 1966, 80 Stat. 17, Sec. 1681; amended 
Pub. L. 91219, title II, Sec. 205, Mar. 26, 1970, 84 Stat. 81; 
 Pub. L. 91584, Sec. 6, Dec. 24, 1970, 84 Stat. 1576; Pub. L. 
92540, title II, Sec. 202, Oct. 24, 1972, 86 Stat. 1079; Pub. 
 L. 94502, title II, Sec. 210(2), 211(10), Oct. 15, 1976, 90 
  Stat. 2388, 2389; Pub. L. 9735, title XX, Sec. 2003(b)(4), 
 Aug. 13, 1981, 95 Stat. 782; Pub. L. 101237, title IV, Sec. 
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3481, Pub. 
L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. 
L. 109 233, title V, Sec. 503(8)(A), June 15, 2006, 120 Stat. 
 416.) ' 3482. Computation of educational assistance allowances (a)(1) 
 Except as provided in subsection (b), (c), or (g) of this section, or 
section 3687 of this title, while pursuing a program of education under 
this chapter of half-time or more, each eligible veteran shall be paid 
 the monthly educational assistance allowance set forth in column II, 
      III, IV, or V (whichever is applicable as determined by the 
 veterans dependency status) opposite the applicable type of 
  program as shown in column I: Column I Type of program Column II No 
 dependents Column III One dependent Column IV Two dependents Column V 
      More than two dependents Institutional training: Full-time 
       ..................... Three-quarter-time ..... Half-time 
.................... Cooperative ................ $376 283 188 304 $448 
    336 224 355 $510 383 255 404 The amount in column IV, plus the 
   following for each dependent in excess of two: $32 24 17 23 (2) A 
    cooperative program, other than a 
 farm cooperative program, means a full-
 time program of education which consists of institutional courses and 
alternate phases of training in a business or industrial establishment 
  with the training in the business or industrial establishment being 
strictly supplemental to the institutional portion. (b) The educational 
      assistance allowance of an individual pursuing a program of 
  education (1) while on active duty, or (2) on less than a half-
   time basis, shall be computed at the rate of (A) the established 
 charges for tuition and fees which the institution requires similarly 
 circumstanced nonveterans enrolled in the same program to pay, or (B) 
  $376 per month for a full-time course, whichever is the lesser. An 
  individuals entitlement shall be charged for institutional 
 courses on the basis of the applicable monthly training time rate as 
determined under section 3688 of this title. (c)(1) An eligible veteran 
 who is enrolled in an educational institution for a farm 
   cooperative program consisting of institutional 
agricultural courses prescheduled to fall within 44 weeks of any period 
  of 12 consecutive months and who pursues such program on (A) a 
full-time basis (a minimum of ten clock hours per week or four hundred 
  and forty clock hours in such year prescheduled to provide not less 
    than eighty clock hours in any three-month period), (B) a three-
  quarter-time basis (a minimum of 7 clock hours per week), or (C) a 
    half-time basis (a minimum of 5 clock hours per week), shall be 
    eligible to receive an educational assistance allowance at the 
    appropriate rate provided in the table in paragraph (2) of this 
    subsection, if such eligible veteran is concurrently engaged in 
    agricultural employment which is relevant to such institutional 
 agricultural courses as determined under standards prescribed by the 
  Secretary. In computing the foregoing clock hour requirements there 
 shall be included the time involved in field trips and individual and 
     group instruction sponsored and conducted by the educational 
institution through a duly authorized instructor of such institution in 
 which the veteran is enrolled. (2) The monthly educational assistance 
 allowance of an eligible veteran pursuing a farm cooperative program 
under this chapter shall be paid as set forth in column II, III, IV, or 
   V (whichever is applicable as determined by the veterans 
dependency status) opposite the basis shown in column I: Column I Basis 
    Column II No dependents Column III One dependent Column IV Two 
        dependents Column V More than two dependents Full-time 
   ......................... Three-quarter-time .......... Half-time 
 ......................... $304 228 152 $355 266 178 $404 303 202 The 
amount in column IV, plus the following for each dependent in excess of 
 two: $23 18 12 (d)(1) Notwithstanding the prohibition in section 3471 
   of this title prohibiting enrollment of an eligible veteran in a 
  program of education in which such veteran has already 
   qualified, a veteran shall be allowed up to six 
  months of educational assistance (or the equivalent thereof in part-
 time assistance) for the pursuit of refresher training to permit such 
veteran to update such veterans knowledge and skills and to be 
 instructed in the technological advances which have occurred in such 
 veterans field of employment during and since the period of 
such veterans active military service. (2) A veteran pursuing 
 refresher training under this subsection shall be paid an educational 
  assistance allowance based upon the rate prescribed in the table in 
subsection (a)(1) or in subsection (c)(2) of this section, whichever is 
  applicable. (3) The educational assistance allowance paid under the 
  authority of this subsection shall be charged against the period of 
entitlement the veteran has earned pursuant to section 3461(a) of this 
title. (e) The educational assistance allowance of an eligible veteran 
pursuing an independent study program which leads to a standard college 
degree shall be computed at the rate provided in subsection (b) of this 
section. If the entire training is to be pursued by independent study, 
    the amount of such veterans entitlement to educational 
 assistance under this chapter shall be charged in accordance with the 
rate at which the veteran is pursuing the independent study program but 
  at not more than the rate at which such entitlement is charged for 
pursuit of such program on less than a half-time basis. In any case in 
    which independent study is combined with resident training, the 
   educational assistance allowance shall be paid at the applicable 
   institutional rate based on the total training time determined by 
  adding the number of semester hours (or the equivalent thereof) of 
 resident training to the number of semester hours (or the equivalent 
thereof) of independent study that do not exceed the number of semester 
hours (or the equivalent thereof) required for the less than half-time 
   institutional rate, as determined by the Secretary, for resident 
   training. A veterans entitlement shall be charged for a 
combination of independent study and resident training on the basis of 
 the applicable monthly training time rate as determined under section 
  3688 of this title. (f) The educational assistance allowance of an 
eligible veteran pursuing a course by open circuit television shall be 
   computed in the same manner that such allowance is computed under 
subsection (e) of this section for an independent study program. (g)(1) 
  Subject to the provisions of paragraph (2) of this subsection, the 
  amount of the educational assistance allowance paid to an eligible 
veteran who is pursuing a program of education under this chapter while 
incarcerated in a Federal, State, local, or other penal institution or 
 correctional facility for conviction of a felony may not exceed such 
  amount as the Secretary determines, in accordance with regulations 
which the Secretary shall prescribe, is necessary to cover the cost of 
    established charges for tuition and fees required of similarly 
circumstanced nonveterans enrolled in the same program and to cover the 
  cost of necessary supplies, books, and equipment, or the applicable 
monthly educational assistance allowance prescribed for a veteran with 
no dependents in subsection (a)(1) or (c)(2) of this section or section 
 3687(b)(1) of this title, whichever is the lesser. The amount of the 
    educational assistance allowance payable to a veteran while so 
 incarcerated shall be reduced to the extent that the tuition and fees 
of the veteran for any course are paid under any Federal program (other 
  than a program administered by the Secretary) or under any State or 
local program. (2) Paragraph (1) of this subsection shall not apply in 
 the case of any veteran who is pursuing a program of education under 
 this chapter while residing in a halfway house or participating in a 
    work-release program in connection with such veterans 
conviction of a felony. (h)(1) Subject to paragraph (3), the amount of 
 educational assistance payable under this chapter for a licensing or 
 certification test described in section 3452(b) of this title is the 
  lesser of $2,000 or the fee charged for the test. (2) The number of 
 months of entitlement charged in the case of any individual for such 
 licensing or certification test is equal to the number (including any 
    fraction) determined by dividing the total amount paid to such 
individual for such test by the full-time monthly institutional rate of 
 the educational assistance allowance which, except for paragraph (1), 
 such individual would otherwise be paid under this chapter. (3) In no 
event shall payment of educational assistance under this subsection for 
  such a test exceed the amount of the individuals available 
entitlement under this chapter. (Added Pub. L. 89358, Sec. 2, 
 Mar. 3, 1966, 80 Stat. 18, Sec. 1682; amended Pub. L. 9077, 
title III, Sec. 301, 303(b), Aug. 31, 1967, 81 Stat. 184, 185; Pub. L. 
    90 631, Sec. 3, Oct. 23, 1968, 82 Stat. 1333; Pub. L. 
   91219, title I, Sec. 103(a)(d), title II, Sec. 
204(a)(3), Mar. 26, 1970, 84 Stat. 76, 77, 79; Pub. L. 91584, 
Sec. 9, Dec. 24, 1970, 84 Stat. 1577; Pub. L. 92540, title I, 
 Sec. 102(2)(4), title III, Sec. 303, title IV, Sec. 401(4), 
(5), Oct. 24, 1972, 86 Stat. 1075, 1081, 1090; Pub. L. 93 508, 
title I, Sec. 102(2)(4), title II, Sec. 204, Dec. 3, 1974, 88 
 Stat. 1579, 1582; Pub. L. 93602, title II, Sec. 203(b), Jan. 
    2, 1975, 88 Stat. 1958; Pub. L. 94502, title II, Sec. 
201(1)(3), 207, Oct. 15, 1976, 90 Stat. 2384, 2385, 2387; Pub. 
L. 95202, title I, Sec. 102(2)(4), Nov. 23, 1977, 91 
Stat. 1434; Pub. L. 96466, title II, Sec. 201(2)(4), 
  211(2)(4), title III, Sec. 308310, title VI, Sec. 
602(a), Oct. 17, 1980, 94 Stat. 21872190, 2194, 2208; Pub. L. 
9735, title XX, Sec. 2003(b)(5), Aug. 13, 1981, 95 Stat. 782; 
 Pub. L. 97306, title II, Sec. 204, 205(b), Oct. 14, 1982, 96 
 Stat. 1434; Pub. L. 98160, title VII, Sec. 702(11), Nov. 21, 
     1983, 97 Stat. 1009; Pub. L. 98 543, title II, Sec. 
       202(1)(3), Oct. 24, 1984, 98 Stat. 2741; Pub. L. 
101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
  2092; renumbered Sec. 3482 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104275, 
      title I, Sec. 104(a), Oct. 9, 1996, 110 Stat. 3327; Pub. L. 
106419, title I, Sec. 122(b)(3), Nov. 1, 2000, 114 Stat. 1834; 
  Pub. L. 109461, title X, Sec. 1002(d), Dec. 22, 2006, 120 
 Stat. 3465.) x' 3482A. Vacant ' 3483. Approval of courses An 
   eligible veteran shall receive the benefits of this chapter while 
enrolled in a course of education offered by an educational institution 
 only if such course is approved in accordance with the provisions of 
       subchapter I of chapter 36 of this title. (Added Pub. L. 
     89358, Sec. 2, Mar. 3, 1966, 80 Stat. 19, Sec. 1685; 
 renumbered Sec. 1686, Pub. L. 9077, title III, Sec. 304(a), 
      Aug. 31, 1967, 81 Stat. 186; renumbered Sec. 1683, Pub. L. 
 92540, title IV, Sec. 401(7), Oct. 24, 1972, 86 Stat. 1090; 
renumbered Sec. 3483, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
   105 Stat. 406.) ' 3484. Apprenticeship or other on-job training; 
  correspondence courses Any eligible veteran may pursue a program of 
   apprenticeship or other on-job training or a program of education 
  exclusively by correspondence and be paid an educational assistance 
 allowance or training assistance allowance, as applicable, under the 
   provisions of section 3687 or 3686 of this title. (Added Pub. L. 
92540, title III, Sec. 304, Oct. 24, 1972, 86 Stat. 1081, Sec. 
  1684; renumbered Sec. 3484 and amended Pub. L. 10283, Sec. 
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3485. Work-study 
allowance (a)(1) Individuals utilized under the authority of subsection 
   (b) shall be paid an additional educational assistance allowance 
  (hereinafter in this section referred to as work-study 
 allowance). Such allowance shall be paid in return 
  for an individuals entering into an agreement described in 
paragraph (3). (2) Such work-study allowance shall be paid in an amount 
 equal to the product of (A) the applicable hourly minimum wage; 
and (B) the number of hours worked during the applicable period. (3) An 
agreement described in this paragraph is an agreement of an individual 
     to perform services, during or between periods of enrollment, 
   aggregating not more than a number of hours equal to 25 times the 
number of weeks in the semester or other applicable enrollment period, 
 required in connection with a qualifying work-study activity. (4) For 
  the purposes of this section, the term qualifying work-
 study activity means any of the following: (A) The 
outreach services program under chapter 63 of this title as carried out 
 under the supervision of a Department employee or, during the period 
   preceding June 30, 2013, outreach services to servicemembers and 
 veterans furnished by employees of a State approving agency. (B) The 
 preparation and processing of necessary papers and other documents at 
   educational institutions or regional offices or facilities of the 
  Department. (C) The provision of hospital and domiciliary care and 
medical treatment under chapter 17 of this title, including, during the 
period preceding June 30, 2013, the provision of such care to veterans 
 in a State home for which payment is made under section 1741 of this 
   title. (D) Any other activity of the Department as the Secretary 
    determines appropriate. (E) In the case of an individual who is 
 receiving educational assistance under chapter 1606 or 1607 of title 
   10, an activity relating to the administration of that chapter at 
 Department of Defense, Coast Guard, or National Guard facilities. (F) 
During the period preceding June 30, 2013, an activity relating to the 
  administration of a national cemetery or a State veterans 
   cemetery. (G) Any activity of a State veterans agency related to 
  providing assistance to veterans in obtaining any benefit under the 
  laws administered by the Secretary or the laws of the State. (H) A 
position working in a Center of Excellence for Veteran Student Success, 
as established pursuant to part T of title VIII of the Higher Education 
  Act of 1965 (20 U.S.C. 1161t et seq.). (I) A position working in a 
   cooperative program carried out jointly by the Department and an 
institution of higher learning. (J) Any other veterans-related position 
in an institution of higher learning. (5) An individual may elect, in a 
  manner prescribed by the Secretary, to be paid in advance an amount 
  equal to 40 percent of the total amount of the work-study allowance 
        agreed to be paid under the agreement in return for the 
 individuals agreement to perform the number of hours of work 
  specified in the agreement (but not more than an amount equal to 50 
times the applicable hourly minimum wage). (6) For the purposes of this 
 subsection and subsection (e), the term applicable hourly 
minimum wages means (A) the hourly minimum wage 
 under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
  206(a)); or (B) the hourly minimum wage under comparable law of the 
State in which the services are to be performed, if such wage is higher 
  than the wage referred to in subparagraph (A) and the Secretary has 
 made a determination to pay such higher wage. (b) Notwithstanding any 
other provision of law, the Secretary shall, subject to the provisions 
  of subsection (e) of this section, utilize, in connection with the 
activities specified in subsection (a)(1) of this section, the service 
of individuals who are pursuing programs of rehabilitation, education, 
   or training under chapter 30, 31, 32, 33, or 34 of this title or 
  chapter 1606 or 1607 of title 10, at a rate equal to at least three-
quarters of that required of a full-time student. In carrying out this 
   section, the Secretary, wherever feasible, shall give priority to 
veterans with disabilities rated at 30 percent or more for purposes of 
 chapter 11 of this title. In the event an individual ceases to be at 
 least a three-quarter-time student before completing such agreement, 
the individual may, with the approval of the Secretary, be permitted to 
 complete such agreement. (c) The Secretary shall determine the number 
 of individuals whose services the Department of Veterans Affairs can 
effectively utilize and the types of services that such individuals may 
 be required to perform, on the basis of a survey, which the Secretary 
shall conduct annually, of each Department of Veterans Affairs regional 
office in order to determine the numbers of individuals whose services 
    can effectively be utilized during an enrollment period in each 
 geographical area where Department of Veterans Affairs activities are 
   conducted, and shall determine which individuals shall be offered 
agreements under this section in accordance with regulations which the 
 Secretary shall prescribe, including as criteria (1) the need of the 
 individual to augment the veterans educational assistance or 
   subsistence allowance; (2) the availability to the individual of 
transportation to the place where the individuals services are 
 to be performed; (3) the motivation of the individual; and (4) in the 
      case of a disabled veteran pursuing a course of vocational 
rehabilitation under chapter 31 of this title, the compatibility of the 
work assignment to the veterans physical condition. (d) While 
 performing the services authorized by this section, individuals shall 
   be deemed employees of the United States for the purposes of the 
  benefits of chapter 81 of title 5 but not for the purposes of laws 
administrated by the Office of Personnel Management. (e)(1) Subject to 
 paragraph (2) of this subsection, the Secretary may, notwithstanding 
any other provision of law, enter into an agreement with an individual 
under this section, or a modification of such an agreement, whereby the 
individual agrees to perform a qualifying work-study activity described 
 in subsection (a)(4) and agrees that the Secretary shall, in lieu of 
paying the work-study allowance payable for such services, as provided 
 in subsection (a) of this section, deduct the amount of the allowance 
from the amount which the individual has been determined to be indebted 
      to the United States by virtue of such individuals 
participation in a benefits program under this chapter, chapter 30, 31, 
 32, 33, 35, or 36 of this title, or chapter 1606 or 1607 of title 10 
(other than an indebtedness arising from a refund penalty imposed under 
section 2135 of such title). (2)(A) Subject to subparagraph (B) of this 
paragraph, the provisions of this section (other than those provisions 
    which are determined by the Secretary to be inapplicable to an 
     agreement under this subsection) shall apply to any agreement 
authorized under paragraph (1) of this subsection. (B) For the purposes 
 of this subsection, the Secretary may (i) waive, in whole or in 
part, the limitations in subsection (a) of this section concerning the 
 number of hours and periods during which services can be performed by 
  the individual and the provisions of subsection (b) of this section 
      requiring the individuals pursuit of a program of 
 rehabilitation, education, or training; (ii) in accordance with such 
 terms and conditions as may be specified in the agreement under this 
 subsection, waive or defer charging interest and administrative costs 
   pursuant to section 5315 of this title on the indebtedness to be 
 satisfied by performance of the agreement; and (iii) notwithstanding 
the indebtedness offset provisions of section 5314 of this title, waive 
 or defer until the termination of an agreement under this subsection 
   the deduction of all or any portion of the amount of indebtedness 
  covered by the agreement from future payments to the individual as 
    described in section 5314 of this title. (3)(A) Subject to the 
provisions of subparagraphs (B) and (C) of this paragraph, an agreement 
authorized under this subsection shall terminate in accordance with the 
    provisions of this section and the terms and conditions of the 
 agreement which are consistent with this subsection. (B) In no event 
 shall an agreement under this subsection continue in force after the 
  total amount of the individuals indebtedness described in 
    paragraph (1) of this subsection has been recouped, waived, or 
      otherwise liquidated. (C) Notwithstanding the provisions of 
  subparagraphs (A) and (B) of this paragraph, if the Secretary finds 
    that an individual was without fault and was allowed to perform 
    services described in the agreement after its termination, the 
     Secretary shall, as reasonable compensation therefor, pay the 
individual at the applicable hourly minimum wage rate for such services 
  as the Secretary determines were satisfactorily performed. (4) The 
 Secretary shall promulgate regulations to carry out this subsection. 
 (Added Pub. L. 92540, title II, Sec. 203, Oct. 24, 1972, 86 
 Stat. 1079, Sec. 1685; amended Pub. L. 93508, title II, Sec. 
 205, Dec. 3, 1974, 88 Stat. 1582; Pub. L. 94 502, title II, 
    Sec. 208, 211(11), Oct. 15, 1976, 90 Stat. 2388, 2389; Pub. L. 
 95202, title I, Sec. 105, Nov. 23, 1977, 91 Stat. 1435; Pub. 
  L. 96466, title VIII, Sec. 801(b), Oct. 17, 1980, 94 Stat. 
2216; Pub. L. 97295, Sec. 4(42), Oct. 12, 1982, 96 Stat. 1308; 
  Pub. L. 99576, title III, Sec. 308(c), Oct. 28, 1986, 100 
         Stat. 3270; Pub. L. 101 237, title IV, Sec. 
  405(a)(d)(2), (4)(A), 423(b)(1), Dec. 18, 1989, 103 Stat. 
  2080, 2081, 2092; Pub. L. 10216, Sec. 6(a)(b)(2), 
10(a)(5), Mar. 22, 1991, 105 Stat. 50, 51, 55; Pub. L. 10240, 
 title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 
 3485 and amended Pub. L. 10283, Sec. 2(c)(2), 5(a), Aug. 6, 
1991, 105 Stat. 402, 406; Pub. L. 102568, title III, Sec. 311, 
Oct. 29, 1992, 106 Stat. 4330; Pub. L. 105 368, title II, Sec. 
  202(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 10714, Sec. 
8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107103, title I, 
  Sec. 107(a), Dec. 27, 2001, 115 Stat. 983; Pub. L. 107330, 
   title III, Sec. 308(g)(11), Dec. 6, 2002, 116 Stat. 2829; Pub. L. 
 108183, title III, Sec. 306(f)(1), Dec. 16, 2003, 117 Stat. 
  2661; Pub. L. 109 233, title IV, Sec. 402(e)(1), June 15, 
2006, 120 Stat. 411; Pub. L. 109444, Sec. 2(g), Dec. 21, 2006, 
  120 Stat. 3305; Pub. L. 109461, title III, Secs. 304, 307, 
title X, Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3428, 3429, 3468; Pub. 
L. 110157, title III, Sec. 302, Dec. 26, 2007, 121 Stat. 1836; 
Pub. L. 110252, title V, Sec. 5003(b)(2)(A)(i), June 30, 2008, 
  122 Stat. 2375; Pub. L. 111275, title I, Sec. 101(a), (b), 
    Oct. 13, 2010, 124 Stat. 2866.) x'' 3486, 3487. Vacant 
SUBCHAPTER VSPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED 
 ' 3490. Purpose It is the purpose of this subchapter (1) to encourage 
  and assist veterans who have academic deficiencies to attain a high 
   school education or its equivalent and to qualify for and pursue 
courses of higher education, (2) to assist eligible veterans to pursue 
postsecondary education through tutorial assistance where required, and 
  (3) to encourage educational institutions to develop programs which 
 provide special tutorial, remedial, preparatory, or other educational 
     or supplementary assistance to such veterans. (Added Pub. L. 
 91219, title II, Sec. 204(a)(4), Mar. 26, 1970, 84 Stat. 79, 
  Sec. 1690; renumbered Sec. 3490, Pub. L. 10283, Sec. 5(a), 
    Aug. 6, 1991, 105 Stat. 406.) ' 3491. Elementary and secondary 
education and preparatory educational assistance (a) In the case of any 
   eligible veteran who (1) has not received a secondary school 
 diploma (or an equivalency certificate), or (2) is not on active duty 
   and who, in order to pursue a program of education for which the 
     veteran would otherwise be eligible, needs refresher courses, 
    deficiency courses, or other preparatory or special educational 
   assistance to qualify for admission to an appropriate educational 
   institution, the Secretary may, without regard to so much of the 
provisions of section 3471 of this title as prohibit the enrollment of 
 an eligible veteran in a program of education in which the veteran is 
already qualified, approve the enrollment 
 of such veteran in an appropriate course or courses or other special 
 educational assistance program. (b)(1) The Secretary shall pay to an 
 eligible veteran pursuing a course or courses or program pursuant to 
subsection (a)(2) of this section, an educational assistance allowance 
as provided in sections 3481 and 3482(a) or (b) of this title. (2) The 
  Secretary shall pay to an eligible veteran described in subsection 
 (a)(1) of this section who is pursuing a course or courses or program 
 under this subchapter for the purpose of attaining a secondary school 
   diploma (or an equivalency certificate) an educational assistance 
 allowance (A) at the rate of established charges for tuition and fees 
 required of similarly circumstanced non-veterans enrolled in the same 
course, courses, or program, or (B) at the institutional full-time rate 
provided in section 3482(a) of this title, whichever is the lesser. (c) 
  The provisions of section 3473(d)(1) of this title, relating to the 
 disapproval of enrollment in certain courses, shall be applicable to 
  the enrollment of an eligible veteran who, while serving on active 
  duty, enrolls in one or more courses under this subchapter for the 
  purpose of attaining a secondary school diploma (or an equivalency 
certificate). (Added Pub. L. 91219, title II, Sec. 204(a)(4), 
Mar. 26, 1970, 84 Stat. 79, Sec. 1691; amended Pub. L. 92540, 
      title III, Sec. 305, Oct. 24, 1972, 86 Stat. 1081; Pub. L. 
 94502, title II, Sec. 211(12), Oct. 15, 1976, 90 Stat. 2389; 
 Pub. L. 96466, title III, Sec. 311, Oct. 17, 1980, 94 Stat. 
2194; Pub. L. 97295, Sec. 4(43), Oct. 12, 1982, 96 Stat. 1308; 
Pub. L. 97306, title II, Sec. 203(b), Oct. 14, 1982, 96 Stat. 
 1434; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
    1989, 103 Stat. 2092; renumbered Sec. 3491 and amended Pub. L. 
  10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 
   3492. Tutorial assistance (a) In the case of any eligible veteran 
  who (1) is enrolled in and pursuing a postsecondary course of 
 education on a half-time or more basis at an educational institution; 
 and (2) has a deficiency in a subject required as a part of, or which 
   is prerequisite to, or which is indispensable to the satisfactory 
pursuit of, an approved program of education, the Secretary may approve 
individualized tutorial assistance for such veteran if such assistance 
is necessary for the veteran to complete such program successfully. (b) 
   The Secretary shall pay to an eligible veteran receiving tutorial 
 assistance pursuant to subsection (a) of this section, in addition to 
 the educational assistance allowance provided in section 3482 of this 
title, the cost of such tutorial assistance in an amount not to exceed 
 $100 per month, for a maximum of twelve months, or until a maximum of 
 $1,200 is utilized, upon certification by the educational institution 
 that (1) the individualized tutorial assistance is essential to 
correct a deficiency of the eligible veteran in a subject required as a 
part of, or which is prerequisite to, or which is indispensable to the 
  satisfactory pursuit of, an approved program of education; (2) the 
  tutor chosen to perform such assistance is qualified and is not the 
   eligible veterans parent, spouse, child (whether or not 
married or over eighteen years of age), brother, or sister; and (3) the 
  charges for such assistance do not exceed the customary charges for 
such tutorial assistance. (Added Pub. L. 91219, title II, Sec. 
   204(a)(4), Mar. 26, 1970, 84 Stat. 80, Sec. 1692; amended Pub. L. 
92540, title III, Sec. 306, Oct. 24, 1972, 86 Stat. 1081; Pub. 
  L. 93508, title II, Sec. 206, Dec. 3, 1974, 88 Stat. 1583; 
  Pub. L. 94502, title II, Sec. 209, Oct. 15, 1976, 90 Stat. 
 2388; Pub. L. 95202, title I, Sec. 102(5), Nov. 23, 1977, 91 
  Stat. 1434; Pub. L. 96466, title II, Sec. 201(5), 211(5), 
title III, Sec. 312, Oct. 17, 1980, 94 Stat. 2188, 2190, 2195; Pub. L. 
 98543, title II, Sec. 202(4), Oct. 24, 1984, 98 Stat. 2742; 
  Pub. L. 100689, title I, Sec. 107(c)(1), (2)(A), Nov. 18, 
     1988, 102 Stat. 4169; Pub. L. 101237, title IV, Sec. 
 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3492 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406.) ' 3493. Effect on educational entitlement The educational 
  assistance allowance or cost of individualized tutorial assistance 
   authorized by this subchapter shall be paid without charge to any 
 period of entitlement the veteran may have earned pursuant to section 
 3461(a) of this title. (Added Pub. L. 91219, title II, Sec. 
204(a)(4), Mar. 26, 1970, 84 Stat. 80, Sec. 1693; renumbered Sec. 3493 
 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 
 105 Stat. 406.) x'' 3495 to 3498. Vacant CHAPTER 35 OF TITLE 
38, UNITED STATES CODE [As Amended Through P.L. 1127, Enacted 
March 31, 2011] xTITLE 38VETERANS BENEFITS xPART 
      IIIREADJUSTMENT AND RELATED BENEFITS CHAPTER 
     35SURVIVORS AND DEPENDENTS EDUCATIONAL 
   ASSISTANCE SUBCHAPTER IDEFINITIONS Sec. 3500. Purpose. 3501. 
   Definitions. SUBCHAPTER IIELIGIBILITY AND ENTITLEMENT 3510. 
 Eligibility and entitlement generally. 3511. Duration of educational 
  assistance. 3512. Periods of eligibility. 3513. Application. 3514. 
  Processing of applications. SUBCHAPTER IIIPROGRAM OF EDUCATION 
    3520. Educational and vocational counseling. 3521. Approval of 
application. 3523. Disapproval of enrollment in certain courses. 3524. 
Discontinuance for unsatisfactory progress. SUBCHAPTER IVPAYMENTS 
   TO ELIGIBLE PERSONS 3531. Educational assistance allowance. 3532. 
    Computation of educational assistance allowance. 3533. Special 
assistance for the educationally disadvantaged. 3534. Apprenticeship or 
   other on-job training; correspondence courses. 3535. Approval of 
  courses. 3536. Specialized vocational training courses. 3537. Work-
 study allowance. SUBCHAPTER VSPECIAL RESTORATIVE TRAINING 3540. 
   Purpose. 3541. Entitlement to special restorative training. 3542. 
 Special training allowance. 3543. Special administrative provisions. 
 SUBCHAPTER VIMISCELLANEOUS PROVISIONS 3561. Authority and duties 
 of Secretary. 3562. Nonduplication of benefits. 3563. Notification of 
    eligibility. 3564. Annual adjustment of amounts of educational 
    assistance. SUBCHAPTER VIIPHILIPPINE COMMONWEALTH ARMY AND 
PHILIPPINE SCOUTS 3565. Children of certain Philippine veterans. 3566. 
   Definitions. 533 SUBCHAPTER IDEFINITIONS ' 3500. Purpose The 
 Congress hereby declares that the educational program established by 
    this chapter is for the purpose of providing opportunities for 
  education to children whose education would otherwise be impeded or 
  interrupted by reason of the disability or death of a parent from a 
disease or injury incurred or aggravated in the Armed Forces after the 
 beginning of the Spanish-American War, and for the purpose of aiding 
  such children in attaining the educational status which they might 
 normally have aspired to and obtained but for the disability or death 
  of such parent. The Congress further declares that the educational 
   program extended to the surviving spouses of veterans who died of 
   service-connected disabilities and to spouses of veterans with a 
   service-connected total disability permanent in nature is for the 
purpose of assisting them in preparing to support themselves and their 
 families at a standard of living level which the veteran, but for the 
 veterans death or service disability, could have expected to 
       provide for the veterans family. (Added Pub. L. 
90631, Sec. 2(a)(1), Oct. 23, 1968, 82 Stat. 1331, Sec. 1700; 
amended Pub. L. 94502, title III, Sec. 310(1), Oct. 15, 1976, 
90 Stat. 2391; renumbered Sec. 3500, Pub. L. 10283, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406.) ' 3501. Definitions (a) For the purposes 
    of this chapter and chapter 36 of this title (1) The term 
    eligible person means any of the 
   following: (A) A child of a person who, as a result of qualifying 
service (i) died of a service-connected disability; or (ii) has a 
total disability permanent in nature resulting from a service-connected 
    disability, or who died while a disability so evaluated was in 
    existence. (B) The surviving spouse of any person who died of a 
 service-connected disability sustained during a period of qualifying 
  service. (C) The spouse or child of any member of the Armed Forces 
  serving on active duty who, at the time of application for benefits 
 under this chapter is listed, pursuant to section 556 of title 37 and 
  regulations issued thereunder, by the Secretary concerned in one or 
more of the following categories and has been so listed for a total of 
more than ninety days: (i) missing in action, (ii) captured in line of 
duty by a hostile force, or (iii) forcibly detained or interned in line 
  of duty by a foreign government or power. (D)(i) The spouse of any 
person who has a total disability permanent in nature resulting from a 
 service-connected disability sustained during a period of qualifying 
  service, or (ii) the surviving spouse of a veteran who died while a 
disability so evaluated was in existence. (E) The spouse or child of a 
      person who (i) at the time of the Secretarys 
determination under clause (ii), is a member of the Armed Forces who is 
    hospitalized or receiving outpatient medical care, services, or 
    treatment; (ii) the Secretary determines has a total disability 
 permanent in nature incurred or aggravated in the line of duty in the 
   active military, naval, or air service; and (iii) is likely to be 
 discharged or released from such service for such disability. (2) The 
 term child includes individuals who are 
 married and individuals who are above the age of twenty-three years. 
 (3) The term duty with the Armed Forces 
as used in section 3512 of this title means (A) active duty, (B) active 
 duty for training for a period of six or more consecutive months, or 
(C) active duty for training required by section 12103(d) of title 10. 
    (4) The term guardian includes a 
 fiduciary legally appointed by a court of competent jurisdiction, or 
any other person who has been appointed by the Secretary under section 
   5502 of this title to receive payment of benefits for the use and 
  benefit of the eligible person. (5) The term program of 
education means any curriculum or any combination of 
unit courses or subjects pursued at an educational institution which is 
  generally accepted as necessary to fulfill the requirements for the 
attainment of a predetermined and identified educational, professional, 
or vocational objective. Such term also includes any preparatory course 
described in section 3002(3)(B) of this title. Such term also includes 
 licensing or certification tests, the successful completion of which 
  demonstrates an individuals possession of the knowledge or 
 skill required to enter into, maintain, or advance in employment in a 
  predetermined and identified vocation or profession, provided such 
tests and the licensing or credentialing organizations or entities that 
   offer such tests are approved by the Secretary in accordance with 
section 3689 of this title. Such term also includes national tests for 
admission to institutions of higher learning or graduate schools (such 
   as the Scholastic Aptitude Test (SAT), Law School Admission Test 
 (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission 
  Test (GMAT)) and national tests providing an opportunity for course 
    credit at institutions of higher learning (such as the Advanced 
Placement (AP) exam and College-Level Examination Program (CLEP)). (6) 
 The term educational institution means 
      any public or private secondary school, vocational school, 
        correspondence school, business school, junior college, 
teachers college, college, normal school, professional school, 
   university, or scientific or technical institution, or any other 
institution if it furnishes education at the secondary school level or 
  above. Such term also includes any private entity (that meets such 
   requirements as the Secretary may establish) that offers, either 
  directly or under an agreement with another entity (that meets such 
  requirements), a course or courses to fulfill requirements for the 
    attainment of a license or certificate generally recognized as 
necessary to obtain, maintain, or advance in employment in a profession 
   or vocation in a high technology occupation (as determined by the 
       Secretary). (7) The term special restorative 
training means training furnished under subchapter V 
of this chapter. (8) The term total disability permanent in 
   nature means any disability rated total for the 
 purposes of disability compensation which is based upon an impairment 
  reasonably certain to continue throughout the life of the disabled 
               person. (9) The term training 
   establishment means any establishment providing 
  apprentice or other training on the job, including those under the 
   supervision of a college or university or any State department of 
 education, or any State apprenticeship agency, or any State board of 
  vocational education, or any joint apprenticeship committee, or the 
 Bureau of Apprenticeship and Training established pursuant to the Act 
    of August 16, 1937, popularly known as the National 
  Apprenticeship Act (29 U.S.C. 50 et seq.), or any 
agency of the Federal Government authorized to supervise such training. 
            (10) The term institution of higher 
  learning means a college, university, or similar 
    institution, including a technical or business school, offering 
postsecondary level academic instruction that leads to an associate or 
   higher degree if the school is empowered by the appropriate State 
  education authority under State law to grant an associate or higher 
   degree. When there is no State law to authorize the granting of a 
   degree, the school may be recognized as an institution of higher 
   learning if it is accredited for degree programs by a recognized 
 accrediting agency. Such term shall also include a hospital offering 
   educational programs at the postsecondary level without regard to 
  whether the hospital grants a postsecondary degree. Such term shall 
   also include an educational institution which is not located in a 
 State, which offers a course leading to a standard college degree, or 
 the equivalent, and which is recognized by the secretary of education 
(or comparable official) of the country or other jurisdiction in which 
the institution is located. (11) The term standard college 
degree means an associate or higher degree awarded by 
     (A) an institution of higher learning that is accredited as a 
collegiate institution by a recognized regional or national accrediting 
      agency; or (B) an institution of higher learning that is a 
candidate for accreditation as that term 
  is used by the regional or national accrediting agencies; or (C) an 
  institution of higher learning upon completion of a course which is 
accredited by an agency recognized to accredit specialized degree-level 
programs. For the purpose of this section, the accrediting agency must 
be one recognized by the Secretary of Education under the provisions of 
   section 3675 of this title. (12) The term qualifying 
service means service in the active military, naval, 
or air service after the beginning of the Spanish-American War that did 
not terminate under dishonorable conditions. (b) If an eligible person 
has attained the persons majority and is under no known legal 
  disability, all references in this chapter to parent or 
guardian shall refer to the eligible person. (c) Any 
 provision of this chapter which requires any action to be taken by or 
 with respect to the parent or guardian of an eligible person who has 
 not attained such persons majority, or who, having attained 
such persons majority, is under a legal disability, shall not 
 apply when the Secretary determines that its application would not be 
  in the best interest of the eligible person, would result in undue 
 delay, or would not be administratively feasible. In such a case the 
  Secretary, where necessary to protect the interest of the eligible 
   person, may designate some other person (who may be the eligible 
person) as the person by or with respect to whom the action so required 
  should be taken. (d) No eligible person may be afforded educational 
  assistance under this chapter unless such person was discharged or 
   released after each period such person was on duty with the Armed 
 Forces under conditions other than dishonorable, or while such person 
  is on duty with the Armed Forces. (Pub. L. 85857, Sept. 2, 
 1958, 72 Stat. 1193, Sec. 1701; Pub. L. 86236, Sec. 1, Sept. 
8, 1959, 73 Stat. 471; Pub. L. 86785, Sec. 13, Sept. 
 14, 1960, 74 Stat. 1023;Pub. L. 88361, Sec. 1, July 7, 1964, 
78 Stat. 297; Pub. L. 89222, Sec. 3, Sept. 30, 1965, 79 Stat. 
896; Pub. L. 89349, Sec. 1, Nov. 8, 1965, 79 Stat. 1313; Pub. 
   L. 89 358, Sec. 4(j), Mar. 3, 1966, 80 Stat. 24; Pub. L. 
 90631, Sec. 2(b), (c), Oct. 23, 1968, 82 Stat. 1332; Pub. L. 
     9124, Sec. 9(a), June 11, 1969, 83 Stat. 34; Pub. L. 
     91584, Sec. 1, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 
92540, title III, Sec. 309, Oct. 24, 1972, 86 Stat. 1083; Pub. 
  L. 93295, title III, Sec. 302, May 31, 1974, 88 Stat. 184; 
 Pub.L. 94502, title III, Sec. 302, 310(2)(5), Oct. 
15, 1976, 90 Stat. 2389, 2391; Pub. L. 96466, title III, Sec. 
 327(a), title VIII, Sec. 801(c), Oct. 17, 1980, 94 Stat. 2197, 2216; 
  Pub. L. 98160, title VII, Sec. 702(12), Nov. 21, 1983, 97 
Stat. 1009; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 
   18, 1989, 103 Stat. 2092; Pub. L. 10240, title IV, Sec. 
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 3501 and amended 
Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
Pub. L. 104106, div. A, title XV, Sec. 1501(e)(2)(C), Feb. 10, 
 1996, 110 Stat. 501; Pub. L. 106 419, title I, Secs. 114(a), 
122(a), Nov. 1, 2000, 114 Stat. 1833; Pub. L. 107103, title I, 
   Secs. 108(a), 110(a), Dec. 27, 2001, 115 Stat. 985, 986; Pub. L. 
 108454, title I, Sec. 106(a), Dec. 10, 2004, 118 Stat. 3602; 
 Pub. L. 109444, Sec. 3(a), (b)(1), Dec. 21, 2006, 120 Stat. 
3305; Pub. L. 109461, title III, Sec. 301(a), (b)(1), title X, 
    Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3425, 3468.) SUBCHAPTER 
IIELIGIBILITY AND ENTITLEMENT ' 3510. Eligibility and entitlement 
generally Each eligible person shall, subject to the provisions of this 
   chapter, be entitled to receive educational assistance. (Pub. L. 
  85857, Sept. 2, 1958, 72 Stat. 1194, Sec. 1710; renumbered 
 Sec. 3510, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
 406.) ' 3511. Duration of educational assistance (a)(1) Each eligible 
   person, whether made eligible by one or more of the provisions of 
  section 3501(a)(1) of this title, shall be entitled to educational 
assistance under this chapter for an aggregate period not in excess of 
45 months (or to the equivalent thereof in part-time training). (2)(A) 
 Notwithstanding any other provision of this chapter or chapter 36 of 
    this title, any payment of an educational assistance allowance 
 described in subparagraph (B) of this paragraph shall not (i) be 
 charged against the entitlement of any individual under this chapter; 
 or (ii) be counted toward the aggregate period for which section 3695 
of this title limits an individuals receipt of assistance. (B) 
  The payment of the educational assistance allowance referred to in 
subparagraph (A) of this paragraph is the payment of such an allowance 
to an individual for pursuit of a course or courses under this chapter 
if the Secretary finds that the individual (i) had to discontinue 
  such course pursuit as a result of being ordered to serve on active 
 duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 
  of title 10 or of being involuntarily ordered to full-time National 
Guard duty under section 502(f) of title 32; and (ii) failed to receive 
 credit or training time toward completion of the individuals 
approved educational, professional, or vocational objective as a result 
     of having to discontinue, as described in clause (i) of this 
 subparagraph, his or her course pursuit. (C) The period for which, by 
 reason of this subsection, an educational assistance allowance is not 
charged against entitlement or counted toward the applicable aggregate 
period under section 3695 of this title shall not exceed the portion of 
    the period of enrollment in the course or courses for which the 
   individual failed to receive credit or with respect to which the 
individual lost training time, as determined under subparagraph (B)(ii) 
  of this paragraph. (b) If any eligible person pursuing a program of 
   education, or of special restorative training, under this chapter 
     ceases to be an eligible person 
because (1) the parent or spouse from whom eligibility is derived 
is found no longer to have a total disability permanent in 
  nature, as defined in section 3501(a)(8) of this 
title, (2) the parent or spouse from whom eligibility is derived based 
upon section 3501(a)(1)(C) of this title is no longer listed in one of 
the categories specified therein, (3) the spouse, as an eligible person 
 under subparagraph (D) or (E) of section 3501(a)(1) of this title, is 
divorced, without fault on such persons part, from the person 
 upon whose disability such persons eligibility is based, or 
 (4) the parent or spouse from whom such eligibility is derived based 
  upon subparagraph (E) of section 3501(a)(1) of this title no longer 
     meets a requirement under clause (i), (ii), or (iii) of that 
subparagraph, then such eligible person (if such person has sufficient 
   remaining entitlement) may, nevertheless, be afforded educational 
assistance under this chapter until the end of the quarter or semester 
for which enrolled if the educational institution in which such person 
  is enrolled is operated on a quarter or semester system, or if the 
educational institution is not so operated until the end of the course, 
   or until 12 weeks have expired, whichever first occurs. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1194, Sec. 1711; Pub. L. 
      88361, Sec. 2, July 7, 1964, 78 Stat. 297; Pub. L. 
     89358, Sec. 4(k), Mar. 3, 1966, 80 Stat. 24; Pub. L. 
 90631, Sec. 1(c), 2(d), Oct. 23, 1968, 82 Stat. 1331, 1332; 
 Pub. L. 9124, Sec. 9(b), June 11, 1969, 83 Stat. 34; Pub. L. 
     91584, Sec. 2, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 
 94502, title III, Sec. 303, 310(6), Oct. 15, 1976, 90 Stat. 
 2390, 2391; renumbered Sec. 3511 and amended Pub. L. 10283, 
        Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
   102127, Sec. 2(c), Oct. 10, 1991, 105 Stat. 620; Pub. L. 
  107103, title I, Secs. 103(a), 108(b)(1), (c)(1), Dec. 27, 
   2001, 115 Stat. 979, 985; Pub. L. 109 233, title V, Sec. 
  503(7), June 15, 2006, 120 Stat. 416; Pub. L. 109444, Sec. 
3(b)(2), Dec. 21, 2006, 120 Stat. 3306; Pub. L. 109461, title 
III, Secs. 301(b)(2), 302(a), title X, Sec. 1006(b), Dec. 22, 2006, 120 
    Stat. 3425, 3428, 3468.) ' 3512. Periods of eligibility (a) The 
educational assistance to which an eligible person whose eligibility is 
   based on the death or disability of a parent or on a parent being 
listed in one of the categories referred to in section 3501(a)(1)(C) of 
this title is entitled under section 3511 of this title or subchapter V 
of this chapter may be afforded the person during the period beginning 
   on the persons eighteenth birthday, or on the successful 
completion of the persons secondary schooling, whichever first 
   occurs, and ending on the persons twenty-sixth birthday, 
   except that (1) if the person is above the age of compulsory 
    school attendance under applicable State law, and the Secretary 
  determines that the persons best interests will be served 
 thereby, such period may begin before the persons eighteenth 
birthday; (2) if the person has a mental or physical handicap, and the 
 Secretary determines that the persons best interests will be 
   served by pursuing a program of special restorative training or a 
 specialized course of vocational training approved under section 3536 
   of this title, such period may begin before the persons 
  eighteenth birthday, but not before the persons fourteenth 
 birthday; (3) if the Secretary first finds that the parent from whom 
    eligibility is derived has a service-connected total disability 
     permanent in nature, or if the death of the parent from whom 
  eligibility is derived occurs, after the eligible persons 
   eighteenth birthday but before the persons twenty-sixth 
birthday, then (unless paragraph (4) of (5) applies) such period shall 
  end 8 years after the date that is elected by that person to be the 
   beginning date of entitlement under section 3511 of this title or 
 subchapter V of this chapter if (A) the Secretary approves that 
 beginning date; (B) the eligible person elects that beginning date by 
 not later than the end of the 60-day period beginning on the date on 
  which the Secretary provides written notice to that person of that 
    persons opportunity to make such election, such notice 
 including a statement of the deadline for the election imposed under 
this subparagraph; and (C) that beginning date (i) in the case of 
   a person whose eligibility is based on a parent who has a service-
connected total disability permanent in nature, is the date determined 
pursuant to subsection (d), subsection (d), or any date between the two 
  dates described in subsection (d); and (ii) in the case of a person 
 whose eligibility is based on the death of a parent, is between 
 (I) the date of the parents death; and (II) the date of the 
Secretarys decision that the death was service-connected; (4) 
 if the person otherwise eligible under paragraph (3) fails to elect a 
 beginning date of entitlement in accordance with that paragraph, the 
beginning date of the persons entitlement shall be the date of 
    the Secretarys decision that the parent has a service-
      connected total disability permanent in nature, or that the 
parents death was service-connected, whichever is applicable; 
 (5) if the person serves on duty with the Armed Forces as an eligible 
 person after the persons eighteenth birthday but before the 
 persons twenty-sixth birthday, then such period shall end 8 
 years after the persons first discharge or release from such 
  duty with the Armed Forces (excluding from such 8 years all periods 
during which the eligible person served on active duty before August 1, 
1962, pursuant to (A) a call or order thereto issued to the person as a 
    Reserve after July 30, 1961, or (B) an extension of enlistment, 
   appointment, or period of duty with the Armed Forces pursuant to 
  section 2 of Public Law 87117); however, in no event shall 
   such period be extended beyond the persons thirty-first 
    birthday by reason of this paragraph; (6) if the person becomes 
 eligible by reason of a parent being listed in one of the categories 
     referred to in section 3501(a)(1)(C) of this title after the 
 persons eighteenth birthday but before the persons 
twenty-sixth birthday, then (unless paragraph (5) applies) such period 
   shall end eight years after the date on which the person becomes 
   eligible by reason of such provisions, but in no event shall such 
period be extended beyond the persons thirty-first birthday by 
   reason of this paragraph; (7)(A) if such person is enrolled in an 
 educational institution regularly operated on the quarter or semester 
 system and such period ends during a quarter or semester, such period 
shall be extended to the end of the quarter or semester; or (B) if such 
person is enrolled in an educational institution operated on other than 
a quarter or semester system and such period ends after a major portion 
of the course is completed, such period shall be extended to the end of 
the course, or until 12 weeks have expired, whichever first occurs; and 
(8) if the person is pursuing a preparatory course described in section 
3002(3)(B) of this title, such period may begin on the date that is the 
first day of such course pursuit, notwithstanding that such date may be 
before the persons eighteenth birthday, except that in no case 
 may such person be afforded educational assistance under this chapter 
  for pursuit of secondary schooling unless such course pursuit would 
  otherwise be authorized under this subsection. (b)(1)(A) Except as 
 provided in subparagraph (B), (C), or (D), a person made eligible by 
subparagraph (B) or (D) of section 3501(a)(1) of this title or a person 
made eligible by the disability of a spouse under section 3501(a)(1)(E) 
of this title may be afforded educational assistance under this chapter 
 during the 10-year period beginning on the date (as determined by the 
Secretary) the person becomes an eligible person within the meaning of 
    section 3501(a)(1)(B), 3501(a)(1)(D)(i), 3501(a)(1)(D)(ii), or 
  3501(a)(1)(E) of this title. In the case of a surviving spouse made 
eligible by clause (ii) of section 3501(a)(1)(D) of this title, the 10-
 year period may not be reduced by any earlier period during which the 
person was eligible for educational assistance under this chapter as a 
spouse made eligible by clause (i) of that section. (B) Notwithstanding 
 subparagraph (A), an eligible person referred to in that subparagraph 
    may, subject to the Secretarys approval, elect a later 
     beginning date for the 10-year period than would otherwise be 
applicable to the person under that subparagraph. The beginning date so 
 elected may be any date between the beginning date determined for the 
  person under subparagraph (A) and whichever of the following dates 
applies: (i) The date on which the Secretary notifies the veteran from 
 whom eligibility is derived that the veteran has a service-connected 
   total disability permanent in nature. (ii) The date on which the 
Secretary determines that the veteran from whom eligibility is derived 
  died of a service-connected disability. (iii) The date on which the 
Secretary notifies the member of the Armed Forces from whom eligibility 
 is derived that the member has a total disability permanent in nature 
  incurred or aggravated in the line of duty in the active military, 
    naval, or air service. (C) Notwithstanding subparagraph (A), an 
 eligible person referred to in that subparagraph who is made eligible 
 under section 3501(a)(1)(B) of this title by reason of the death of a 
person on active duty may be afforded educational assistance under this 
chapter during the 20-year period beginning on the date (as determined 
  by the Secretary) such person becomes an eligible person within the 
   meaning of such section. (D) Notwithstanding subparagraph (A), an 
 eligible person referred to in that subparagraph who is made eligible 
  under section 3501(a)(1)(D)(i) of this title by reason of a service-
   connected disability that was determined to be a total disability 
  permanent in nature not later than three years after discharge from 
   service may be afforded educational assistance under this chapter 
 during the 20-year period beginning on the date the disability was so 
 determined to be a total disability permanent in nature, but only if 
     the eligible person remains the spouse of the disabled person 
throughout the period. (2) Notwithstanding the provisions of paragraph 
(1) of this subsection, in the case of any eligible person (as defined 
    in section 3501(a)(1)(B), (C), (D), or (E) of this title) whose 
  eligibility is based on the death or disability of a spouse or on a 
  spouse being listed in one of the categories referred to in section 
   3501(a)(1)(C) of this title who was prevented from initiating or 
  completing such persons chosen program of education within 
 such period because of a physical or mental disability which was not 
the result of such persons own willful misconduct, such person 
shall, upon application made within one year after (A) the last date of 
the delimiting period otherwise applicable under this section, (B) the 
  termination of the period of mental or physical disability, or (C) 
 October 1, 1980, whichever is the latest, be granted an extension of 
    the applicable delimiting period for such length of time as the 
   Secretary determines, from the evidence, that such person was so 
prevented from initiating or completing such program of education. When 
 an extension of the applicable delimiting period is granted under the 
 exception in the preceding sentence, the delimiting period will again 
begin running on the first day following such eligible persons 
 recovery from such disability on which it is reasonably feasible, as 
  determined in accordance with regulations which the Secretary shall 
prescribe, for such eligible person to initiate or resume pursuit of a 
 program of education with educational assistance under this chapter. 
(c)(1) Notwithstanding subsection (a) and subject to paragraph (2), an 
 eligible person may be afforded educational assistance beyond the age 
 limitation applicable to the person under such subsection if (A) 
    the person suspends pursuit of such persons program of 
education after having enrolled in such program within the time period 
  applicable to such person under such subsection; (B) the person is 
  unable to complete such program after the period of suspension and 
before attaining the age limitation applicable to the person under such 
subsection; and (C) the Secretary finds that the suspension was due to 
 either of the following: (i) The actions of the person as the primary 
provider of personal care services for a veteran or member of the Armed 
Forces under section 1720G(a) of this title. (ii) Conditions otherwise 
  beyond the control of the person. (2) Paragraph (1) shall not apply 
 with respect to the period of an individual as a primary provider of 
 personal care services if the period concludes with the revocation of 
 the individuals designation as such a primary provider under 
 section 1720G(a)(7)(D) of this title. (3) Educational assistance may 
not be afforded a person under paragraph (1) after the earlier of 
 (A) the age limitation applicable to the person under subsection (a), 
 plus a period of time equal to the period the person was required to 
    suspend pursuit of the persons program of education as 
  described in paragraph (1); or (B) the date of the persons 
         thirty-first birthday. (d) The term first 
  finds as used in this section means the effective 
  date of the rating or date of notification to the person from whom 
     eligibility is derived establishing a service-connected total 
 disability permanent in nature whichever is more advantageous to the 
 eligible person. (e) No person made eligible by section 3501(a)(1)(C) 
 of this title based on a spouse being listed in one of the categories 
  referred to in section 3501(a)(1)(C) of this title may be afforded 
  educational assistance under this chapter beyond 10 years after the 
    date on which the spouse was so listed. x(f) Repealed. Pub. L. 
 108183, title III, Sec. 306(f)(2), Dec. 16, 2003, 117 Stat. 
 2661. x(g) Repealed. Pub. L. 107103, title I, Sec. 
 108(b)(2), Dec. 27, 2001, 115 Stat. 985. (h) Notwithstanding 
any other provision of this section, if an eligible person, during the 
   delimiting period otherwise applicable to such person under this 
  section, serves on active duty pursuant to an order to active duty 
issued under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 
 of title 10, or is involuntarily ordered to full-time National Guard 
duty under section 502(f) of title 32, such person shall be granted an 
extension of such delimiting period for the length of time equal to the 
 period of such active duty plus four months. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1194, Sec. 1712; Pub. L. 87815, Sec. 
2(a), Oct. 15, 1962, 76 Stat. 926; Pub. L. 87819, Sec. 2, Oct. 
 15, 1962, 76 Stat. 935; Pub. L. 88361, Sec. 3, July 7, 1964, 
 78 Stat. 297; Pub. L. 9077, title III, Sec. 307(a), Aug. 31, 
 1967, 81 Stat. 189; Pub. L. 90631, Sec. 2(e), Oct. 23, 1968, 
  82 Stat. 1333; Pub. L. 91219, title II, Sec. 208, Mar. 26, 
 1970, 84 Stat. 83; Pub. L. 91584, Sec. 3, Dec. 24, 1970, 84 
  Stat. 1575; Pub. L. 92540, title IV, Sec. 402(1), Oct. 24, 
1972, 86 Stat. 1090; Pub. L. 93337, Sec. 2, July 10, 1974, 88 
        Stat. 292; Pub. L. 94502, title III, Sec. 304, 
    310(7)(9), Oct. 15, 1976, 90 Stat. 2390, 2391; Pub. L. 
  95202, title II, Sec. 203(a)(2), (b)(2), Nov. 23, 1977, 91 
  Stat. 1439, 1440; Pub. L. 96466, title III, Sec. 321, 322, 
  Oct. 17, 1980, 94 Stat. 2195; Pub. L. 9766, title VI, Sec. 
  605(a), Oct. 17, 1981, 95 Stat. 1036; Pub. L. 97295, Sec. 
4(44), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 98160, title VII, 
  Sec. 702(13), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99576, 
      title III, Sec. 313, Oct. 28, 1986, 100 Stat. 3273; Pub. L. 
101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
  2092; renumbered Sec. 3512 and amended Pub. L. 10283, Sec. 
 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106 419, 
title I, Secs. 112, 114(b), Nov. 1, 2000, 114 Stat. 1831, 1833; Pub. L. 
10714, Secs. 7(f)(1), 8(a)(6), June 5, 2001, 115 Stat. 33, 34; 
Pub. L. 107103, title I, Secs. 103(b), 108(b)(2), (c)(2), (3), 
Dec. 27, 2001, 115 Stat. 979, 985; Pub. L. 107330, title III, 
Sec. 308(e)(1), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108183, 
  title III, Secs. 303(a), 306(f)(2), Dec. 16, 2003, 117 Stat. 2659, 
 2661; Pub. L. 108454, title I, Sec. 105, Dec. 10, 2004, 118 
 Stat. 3602; Pub. L. 109444, Sec. 3(b)(3), Dec. 21, 2006, 120 
 Stat. 3306; Pub. L. 109461, title III, Sec. 301(b)(3), title 
     X, Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3426, 3468; Pub. L. 
 110389, title III, Sec. 321, Oct. 10, 2008, 122 Stat. 4168; 
  Pub. L. 111275, title X, Sec. 1001(h), Oct. 13, 2010, 124 
  Stat. 2896; Pub. L. 111377, title II, Sec. 201(c), Jan. 4, 
2011, 124 Stat. 4124.) ' 3513. Application The parent or guardian of a 
    person or the eligible person if such person has attained legal 
 majority for whom educational assistance is sought under this chapter 
  shall submit an application to the Secretary which shall be in such 
form and contain such information as the Secretary shall prescribe. If 
the Secretary finds that the person on whose behalf the application is 
   submitted is an eligible person, the Secretary shall approve the 
  application provisionally. The Secretary shall notify the parent or 
guardian or eligible person (if the person has attained legal majority) 
 of the provisional approval or of the disapproval of the application. 
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1195, Sec. 1713; Pub. 
 L. 94502, title III, Sec. 305, Oct. 15, 1976, 90 Stat. 2390; 
 Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 
  103 Stat. 2092; renumbered Sec. 3513, Pub. L. 10283, Sec. 
5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3514. Processing of applications 
(a) Further processing of an application for educational assistance and 
 the award of such assistance shall be pursuant to the requirements of 
 subchapters III and IV of this chapter unless the parent or guardian 
requests special restorative training for the eligible person, in which 
   case the application will be processed under subchapter V of this 
    chapter. (b) If the request for special restorative training is 
approved, educational assistance will be afforded pursuant to the terms 
of subchapter V of this chapter. If the request for special restorative 
  training is disapproved, or if approved the restorative training is 
  completed or discontinued, any educational assistance subsequently 
  afforded will be in accordance with subchapters III and IV of this 
 chapter. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1195, Sec. 
1714; renumbered Sec. 3514, Pub. L. 10283, Sec. 5(a), Aug. 6, 
 1991, 105 Stat. 406.) SUBCHAPTER IIIPROGRAM OF EDUCATION ' 3520. 
Educational and vocational counseling The Secretary may, upon request, 
 arrange for educational or vocational counseling for persons eligible 
  for benefits under this chapter to assist such persons in selecting 
   their educational, vocational, or professional objectives and in 
developing their programs of education. (Pub. L. 85857, Sept. 
 2, 1958, 72 Stat. 1195, Sec. 1720; Pub. L. 90631, Sec. 2(g), 
Oct. 23, 1968, 82 Stat. 1333; Pub. L. 91584, Sec. 4, Dec. 24, 
1970, 84 Stat. 1576; Pub. L. 92540, title III, Sec. 310, Oct. 
   24, 1972, 86 Stat. 1083; Pub. L. 94502, title III, Sec. 
 310(10), Oct. 15, 1976, 90 Stat. 2391; Pub. L. 96466, title 
III, Sec. 323(a), Oct. 17, 1980, 94 Stat. 2196; Pub. L. 97295, 
Sec. 4(45), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 99576, title 
 III, Sec. 314(a), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101 
   237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; 
renumbered Sec. 3520, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
  105 Stat. 406.) ' 3521. Approval of application The Secretary shall 
    approve an application if the Secretary finds that (1) the 
  proposed program of education constitutes a program of 
 education as that term is defined in this chapter; 
(2) the eligible person is not already qualified, by reason of previous 
education or training, for the educational, professional, or vocational 
   objective for which the program of education is offered; (3) the 
eligible persons proposed educational institution or training 
   establishment is in compliance with all the requirements of this 
 chapter and chapter 36 of this title; and (4) it does not appear that 
   the enrollment in or pursuit of such persons program of 
education would violate any provisions of this chapter or chapter 36 of 
this title. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1196, Sec. 
 1721; Pub. L. 94502, title III, Sec. 310(11), Oct. 15, 1976, 
 90 Stat. 2391; Pub. L. 96466, title III, Sec. 324, Oct. 17, 
1980, 94 Stat. 2196; Pub. L. 99576, title III, Sec. 314(b)(1), 
(2), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101237, title IV, 
Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3521, 
  Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) x' 
  3522. Vacant ' 3523. Disapproval of enrollment in certain 
   courses (a) The Secretary shall not approve the enrollment of an 
   eligible person in (1) any bartending course or personality 
development course; (2) any sales or sales management course which does 
 not provide specialized training within a specific vocational field; 
 (3) any type of course which the Secretary finds to be avocational or 
 recreational in character (or the advertising for which the Secretary 
 finds contains significant avocational or recreational themes) unless 
the eligible person submits justification showing that the course will 
 be a bona fide use in the pursuit of the persons present or 
   contemplated business or occupation; or (4) any independent study 
program except an accredited independent study program (including open 
   circuit television) leading to a standard college degree. (b) The 
Secretary shall not approve the enrollment of an eligible person in any 
   course of flight training other than one given by an educational 
  institution of higher learning for credit toward a standard college 
  degree the eligible person is seeking. (c) The Secretary shall not 
   approve the enrollment of an eligible person in any course to be 
pursued by radio. (d) The Secretary shall not approve the enrollment of 
 an eligible person in any course which is to be pursued as a part of 
  such persons regular secondary school education (except as 
provided in section 3533 of this title), but this subsection shall not 
prevent the enrollment of an eligible person in a course not leading to 
 a standard college degree if the Secretary finds that such person has 
 ended such persons secondary school education (by completion 
 or otherwise) and that such course is a specialized vocational course 
    pursued for the purpose of qualifying in a bona fide vocational 
 objective. (e) An eligible person may not enroll in any course at an 
   educational institution which is not located in a State or in the 
   Republic of the Philippines, unless such course is pursued at an 
 approved institution of higher learning and the course is approved by 
 the Secretary. The Secretary, in the Secretarys discretion, 
 may deny or discontinue educational assistance under this chapter in 
the case of any eligible person in such an institution if the Secretary 
  determines that such enrollment is not in the best interest of the 
  eligible person or the Federal Government. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1196, Sec. 1723; Pub. L. 86785, Sec. 
  4, Sept. 14, 1960, 74 Stat. 1024; Pub. L. 87546, July 25, 
 1962, 76 Stat. 216; Pub. L. 91219, title II, Sec. 209, Mar. 
  26, 1970, 84 Stat. 83; Pub. L. 92540, title III, Sec. 311, 
 Oct. 24, 1972, 86 Stat. 1083; Pub. L. 93508, title II, Sec. 
 207, Dec. 3, 1974, 88 Stat. 1583; Pub. L. 94502, title III, 
  Sec. 306, 310(12)(14), Oct. 15, 1976, 90 Stat. 2390, 2392; 
  Pub. L. 96466, title III, Sec. 325, 326, 327(b), Oct. 17, 
   1980, 94 Stat. 2196, 2197; Pub. L. 97306, title II, Sec. 
 202(b), Oct. 14, 1982, 96 Stat. 1433; Pub. L. 101237, title 
 IV, Sec. 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered 
 Sec. 3523 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 
   6, 1991, 105 Stat. 406; Pub. L. 102568, title III, Sec. 
  313(a)(7), Oct. 29, 1992, 106 Stat. 4333; Pub. L. 104275, 
     title I, Sec. 104(b), Oct. 9, 1996, 110 Stat. 3327.) ' 3524. 
    Discontinuance for unsatisfactory progress The Secretary shall 
   discontinue the educational assistance allowance on behalf of an 
eligible person if, at any time, the Secretary finds that according to 
  the regularly prescribed standards and practices of the educational 
institution such person is attending, the persons attendance, 
  conduct, or progress is unsatisfactory. The Secretary may renew the 
 payment of the educational assistance allowance only if the Secretary 
finds that (1) the eligible person will be resuming enrollment at 
 the same educational institution in the same program of education and 
      the educational institution has both approved such eligible 
  persons reenrollment and certified it to the Department of 
  Veterans Affairs; or (2) in the case of a proposed change of either 
    educational institution or program of education by the eligible 
person (A) the cause of the unsatisfactory attendance, conduct, or 
 progress has been removed; (B) the program proposed to be pursued is 
  suitable to the eligible persons aptitudes, interests, and 
  abilities; and (C) if a proposed change of program is involved, the 
 change meets the requirements for approval under section 3691 of this 
  title. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1197, Sec. 
 1724; Pub. L. 94502, title III, Sec. 307, 310(15), Oct. 15, 
  1976, 90 Stat. 2390, 2392; Pub. L. 95202, title III, Sec. 
305(b)(1), Nov. 23, 1977, 91 Stat. 1443; Pub. L. 96466, title 
 III, Sec. 328, Oct. 17, 1980, 94 Stat. 2197; Pub. L. 101237, 
 title IV, Sec. 411(b), 412(b), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
      2084, 2085, 2092; renumbered Sec. 3524 and amended Pub. L. 
 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) x'' 
  3525, 3526. Vacant SUBCHAPTER IVPAYMENTS TO ELIGIBLE 
  PERSONS ' 3531. Educational assistance allowance (a) The Secretary 
 shall, in accordance with the provisions of chapter 36 of this title, 
pay to the parent or guardian of each eligible person who is pursuing a 
 program of education under this chapter, and who applies therefor on 
behalf of such eligible person, an educational assistance allowance to 
     meet, in part, the expenses of the eligible persons 
   subsistence, tuition, fees, supplies, books, equipment, and other 
   educational costs. (b) The educational assistance allowance of an 
   eligible person pursuing a program of education at an educational 
  institution shall be paid as provided in chapter 36 of this title. 
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1197, Sec. 1731; Pub. 
   L. 89358, Sec. 4(l), Mar. 3, 1966, 80 Stat. 24; Pub. L. 
92540, title III, Sec. 312, Oct. 24, 1972, 86 Stat. 1083; Pub. 
 L. 94502, title III, Sec. 309(c), 310(16), Oct. 15, 1976, 90 
Stat. 2391, 2392; Pub. L. 96466, title III, Sec. 329, Oct. 17, 
     1980, 94 Stat. 2197; Pub. L. 101 237, title IV, Sec. 
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3531, Pub. 
  L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3532. 
Computation of educational assistance allowance (a)(1) The educational 
assistance allowance on behalf of an eligible person who is pursuing a 
program of education consisting of institutional courses shall be paid 
at the monthly rate of $788 for full-time, $592 for three-quarter-time, 
or $394 for half-time pursuit. (2) The educational assistance allowance 
on behalf of an eligible person pursuing a program of education on less 
than a half-time basis shall be paid at the rate of the lesser of 
 (A) the established charges for tuition and fees that the educational 
   institution involved requires similarly circumstanced nonveterans 
 enrolled in the same program to pay; or (B) $788 per month for a full-
  time course. (b) The educational assistance allowance to be paid on 
  behalf of an eligible person who is pursuing a full-time program of 
education which consists of institutional courses and alternate phases 
of training in a business or industrial establishment with the training 
in the business or industrial establishment being strictly supplemental 
to the institutional portion, shall be computed at the rate of $788 per 
  month. (c)(1) An eligible person who is enrolled in an educational 
   institution for a farm cooperative 
 program consisting of institutional agricultural courses prescheduled 
  to fall within forty-four weeks of any period of twelve consecutive 
 months and who pursues such program on (A) a full-time basis (a 
  minimum of ten clock hours per week or four hundred and forty clock 
 hours in such year prescheduled to provide not less than eighty clock 
  hours in any three-month period), (B) a three-quarter-time basis (a 
  minimum of seven clock hours per week), or (C) a half-time basis (a 
minimum of five clock hours per week), shall be eligible to receive an 
 educational assistance allowance at the appropriate rate provided in 
     paragraph (2) of this subsection, if such eligible person is 
 concurrently engaged in agricultural employment which is relevant to 
 such institutional agricultural courses as determined under standards 
  prescribed by the Secretary. In computing the foregoing clock hour 
 requirements there shall be included the time involved in field trips 
  and individual and group instruction sponsored and conducted by the 
 educational institution through a duly authorized instructor of such 
     institution in which the person is enrolled. (2) The monthly 
 educational assistance allowance to be paid on behalf of an eligible 
person pursuing a farm cooperative program under this chapter shall be 
$636 for full-time, $477 for three-quarter-time, or $319 for half-time 
pursuit. (d) If a program of education is pursued by an eligible person 
   at an institution located in the Republic of the Philippines, the 
 educational assistance allowance computed for such person under this 
section shall be paid at the rate of $0.50 for each dollar. (e) In the 
case of an eligible person who is pursuing a program of education under 
 this chapter while incarcerated in a Federal, State, local, or other 
penal institution or correctional facility for conviction of a felony, 
 the educational assistance allowance shall be paid in the same manner 
prescribed in section 3482(g) of this title for incarcerated veterans, 
     except that the references therein to the monthly educational 
assistance allowance prescribed for a veteran with no dependents shall 
 be deemed to refer to the applicable allowance payable to an eligible 
person under corresponding provisions of this chapter or chapter 36 of 
this title, as determined by the Secretary. (f)(1) Subject to paragraph 
 (3), the amount of educational assistance payable under this chapter 
 for a licensing or certification test described in section 3501(a)(5) 
of this title is the lesser of $2,000 or the fee charged for the test. 
  (2) The number of months of entitlement charged in the case of any 
  individual for such licensing or certification test is equal to the 
number (including any fraction) determined by dividing the total amount 
    paid to such individual for such test by the full-time monthly 
   institutional rate of the educational assistance allowance which, 
except for paragraph (1), such individual would otherwise be paid under 
 this chapter. (3) In no event shall payment of educational assistance 
    under this subsection for such a test exceed the amount of the 
 individuals available entitlement under this chapter. (g)(1) 
Subject to paragraph (3), the amount of educational assistance payable 
 under this chapter for a national test for admission or national test 
 providing an opportunity for course credit at institutions of higher 
learning described in section 3501(a)(5) of this title is the amount of 
 the fee charged for the test. (2) The number of months of entitlement 
charged in the case of any individual for a test described in paragraph 
   (1) is equal to the number (including any fraction) determined by 
     dividing the total amount of educational assistance paid such 
individual for such test by the full-time monthly institutional rate of 
educational assistance, except for paragraph (1), such individual would 
otherwise be paid under this chapter. (3) In no event shall payment of 
 educational assistance under this subsection for a test described in 
 paragraph (1) exceed the amount of the individuals available 
entitlement under this chapter. (Pub. L. 85857, Sept. 2, 1958, 
  72 Stat. 1198, Sec. 1732; Pub. L. 89222, Sec. 1, Sept. 30, 
1965, 79 Stat. 896; Pub. L. 91219, title I, Sec. 104(a), (b), 
    title II, Sec. 210, Mar. 25, 1970, 84 Stat. 77, 78, 83; Pub. L. 
  92540, title I, Sec. 103(1)(3), Oct. 24, 1972, 86 
        Stat. 1075, 1076; Pub. L. 93508, title I, Sec. 
 103(1)(3), title II, Sec. 208, Dec. 3, 1974, 88 Stat. 1580, 
 1584; Pub. L. 93602, title II, Sec. 204(a), Jan. 2, 1975, 88 
 Stat. 1958; Pub. L. 94502, title III, Sec. 301(1), 308, Oct. 
 15, 1976, 90 Stat. 2389, 2390; Pub. L. 95202, title I, Sec. 
103(1), Nov. 23, 1977, 91 Stat. 1434; Pub. L. 96466, title II, 
 Sec. 202(1), 212(1), title III, Sec. 330, title VI, Sec. 602(b), Oct. 
  17, 1980, 94 Stat. 2188, 2190, 2198, 2209; Pub. L. 98543, 
     title II, Sec. 203(1), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 
 101237, title IV, Sec. 403(a)(1)(7), 423(b)(1)(A), 
Dec. 18, 1989, 103 Stat. 2078, 2079, 2092; Pub. L. 10216, Sec. 
10(a)(6), Mar. 22, 1991, 105 Stat. 56; renumbered Sec. 3532 and amended 
Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
  Pub. L. 102568, title III, Sec. 316(b), Oct. 29, 1992, 106 
  Stat. 4334; Pub. L. 103446, title V, Sec. 507(b), Nov. 2, 
 1994, 108 Stat. 4664; Pub. L. 104275, title I, Sec. 105(c), 
Oct. 9, 1996, 110 Stat. 3327; Pub. L. 105178, title VIII, Sec. 
8210(a), as added Pub. L. 105206, title IX, Sec. 9014(b), July 
   22, 1998, 112 Stat. 866; Pub. L. 106419, title I, Secs. 
    111(a), 122(b)(4), Nov. 1, 2000, 114 Stat. 1830, 1834; Pub. L. 
 107103, title I, Sec. 102(a), Dec. 27, 2001, 115 Stat. 978; 
  Pub. L. 108183, title III, Sec. 302(a), Dec. 16, 2003, 117 
Stat. 2658; Pub. L. 108454, title I, Sec. 106(b)(3), Dec. 10, 
 2004, 118 Stat. 3603; Pub. L. 109461, title X, Sec. 1002(e), 
  Dec. 22, 2006, 120 Stat. 3465.) ' 3533. Special assistance for the 
    educationally disadvantaged (a)(1) Any eligible person shall be 
 entitled to the assistance provided an eligible veteran under section 
     3491(a) (if pursued in a State) of this title and be paid an 
 educational assistance allowance therefor in the manner prescribed by 
   section 3491(b) of this title, except that the corresponding rate 
provisions of this chapter shall apply, as determined by the Secretary, 
to such pursuit by an eligible person. (2) Educational assistance under 
   this chapter for the first five months of full-time pursuit of a 
program (or the equivalent thereof in part-time educational assistance) 
 consisting of such course or courses shall be provided without charge 
 to entitlement. (b) Any eligible person shall, without charge to any 
 entitlement such person may have under section 3511 of this title, be 
  entitled to the benefits provided an eligible veteran under section 
3492 of this title. (Added Pub. L. 92540, title III, Sec. 313, 
       Oct. 24, 1972, 86 Stat. 1084, Sec. 1733; amended Pub. L. 
94502, title III, Sec. 310(17), (18), Oct. 15, 1976, 90 Stat. 
 2392; Pub. L. 98223, title II, Sec. 203(b), Mar. 2, 1984, 98 
Stat. 41; Pub. L. 100689, title I, Sec. 106(c), Nov. 18, 1988, 
102 Stat. 4167; Pub. L. 101237, title IV, Sec. 403(a)(8), Dec. 
 18, 1989, 103 Stat. 2079; Pub. L. 10216, Sec. 10(a)(6), Mar. 
   22, 1991, 105 Stat. 56; renumbered Sec. 3533 and amended Pub. L. 
  10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 
 3534. Apprenticeship or other on-job training; correspondence courses 
  (a) Any eligible person shall be entitled to pursue, in a State, a 
   program of apprenticeship or other on-job training and be paid a 
   training assistance allowance as provided in section 3687 of this 
title. (b) Any eligible spouse or surviving spouse shall be entitled to 
pursue a program of education exclusively by correspondence and be paid 
an educational assistance allowance as provided in section 3686 (other 
     than subsection (a)(2)) of this title and the period of such 
 spouses entitlement shall be charged with one month for each 
$788 which is paid to the spouse as an educational assistance allowance 
 for such course. (Added Pub. L. 92540, title III, Sec. 313, 
       Oct. 24, 1972, 86 Stat. 1084, Sec. 1734; amended Pub. L. 
94502, title III, Sec. 310(19), Oct. 15, 1976, 90 Stat. 2392; 
 Pub. L. 101237, title IV, Sec. 403(a)(9), Dec. 18, 1989, 103 
 Stat. 2079; renumbered Sec. 3534 and amended Pub. L. 10283, 
        Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
      105178, title VIII, Sec. 8210(b), as added Pub. L. 
 105206, title IX, Sec. 9014(b), July 22, 1998, 11 Stat. 966; 
Pub. L. 106419, title I, Sec. 111(b), Nov. 1, 2000, 114 Stat. 
1830; Pub. L. 107103, title I, Sec. 102(b), Dec. 27, 2001, 115 
 Stat. 978; Pub. L. 108183, title III, Sec. 302(b), Dec. 16, 
 2003, 117 Stat. 2659.) ' 3535. Approval of courses An eligible person 
 shall receive the benefits of this chapter while enrolled in a course 
of education offered by an educational institution only if such course 
 (1) is approved in accordance with the provisions of subchapter I of 
chapter 36 of this title, or (2) is approved for the enrollment of the 
  particular individual under the provisions of section 3536 of this 
  title. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1199, Sec. 
  1735; Pub. L. 88126, Sec. 2, Sept. 23, 1963, 77 Stat. 162; 
 Pub. L. 89358, Sec. 4(n), Mar. 3, 1966, 80 Stat. 25; Pub. L. 
 92540, title IV, Sec. 402(4), Oct. 24, 1972, 86 Stat. 1090; 
  renumbered Sec. 3535 and amended Pub. L. 10283, Sec. 5(a), 
 (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3536. Specialized vocational 
  training courses The Secretary may approve a specialized course of 
vocational training leading to a predetermined vocational objective for 
   the enrollment of an eligible person under this subchapter if the 
 Secretary finds that such course, either alone or when combined with 
other courses, constitutes a program of education which is suitable for 
 that person and is required because of a mental or physical handicap. 
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1199, Sec. 1737; Pub. 
  L. 88126, Sec. 4, Sept. 23, 1963, 77 Stat. 162; renumbered 
  Sec. 1736, Pub. L. 92540, title IV, Sec. 402(3), Oct. 24, 
 1972, 86 Stat. 1090; Pub. L. 94502, title III, Sec. 310(20), 
 Oct. 15, 1976, 90 Stat. 2392; amended Pub. L. 101237, title 
 IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 
3536, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
  ' 3537. Work-study allowance (a) Subject to subsection (b) of this 
section, the Secretary shall utilize, in connection with the activities 
    described in section 3485(a) of this title, the services of any 
 eligible person who is pursuing, in a State, at least a three-quarter-
 time program of education (other than a course of special restorative 
   training) and shall pay to such person an additional educational 
   assistance allowance (hereinafter in this section referred to as 
work-study allowance) in return for such 
   eligible persons agreement to perform such services. The 
 amount of the work-study allowance shall be determined in accordance 
    with section 3485(a) of this title. (b) The Secretarys 
utilization of, and payment of a work-study allowance for, the services 
of an eligible person pursuant to subsection (a) of this section shall 
 be subject to the same requirements, terms, and conditions as are set 
 out in section 3485 of this title with regard to individuals pursuing 
   at least three-quarter-time programs of education referred to in 
 subsection (b) of such section. (Added Pub. L. 101237, title 
     IV, Sec. 406(a)(1), Dec. 18, 1989, 103 Stat. 2082, Sec. 1737; 
  renumbered Sec. 3537 and amended Pub. L. 10283, Sec. 5(a), 
   (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10714, Sec. 
    8(a)(16), June 5, 2001, 115 Stat. 35.) x' 3538. Vacant 
   SUBCHAPTER VSPECIAL RESTORATIVE TRAINING ' 3540. Purpose The 
purpose of special restorative training is to overcome, or lessen, the 
    effects of a manifest physical or mental disability which would 
 handicap an eligible person (other than a person made eligible under 
subparagraph (C) of such section by reason of a spouse being listed in 
one of the categories referred to in that subparagraph) in the pursuit 
 of a program of education. (Pub. L. 85857, Sept. 2, 1958, 72 
  Stat. 1200, Sec. 1740; Pub. L. 96466, title III, Sec. 331, 
Oct. 17, 1980, 94 Stat. 2198; renumbered Sec. 3540 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 107103, title I, Sec. 109(a), Dec. 27, 2001, 115 Stat. 986; 
 Pub. L. 109444, Sec. 3(b)(4), Dec. 21, 2006, 120 Stat. 3307; 
   Pub. L. 109461, title III, Sec. 301(b)(4), title X, Sec. 
 1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468.) ' 3541. Entitlement to 
  special restorative training (a) The Secretary at the request of an 
eligible person is authorized (1) to determine whether such person 
is in need of special restorative training; and (2) where need is found 
  to exist, to prescribe a course which is suitable to accomplish the 
   purposes of this chapter. Such a course, at the discretion of the 
    Secretary, may contain elements that would contribute toward an 
 ultimate objective of a program of education. (b) The total period of 
educational assistance under this sub-chapter and other subchapters of 
this chapter may not exceed the amount of entitlement as established in 
 section 3511 of this title, except that the Secretary may extend such 
period in the case of any person if the Secretary finds that additional 
     assistance is necessary to accomplish the purpose of special 
restorative training as stated in subsection (a) of this section. (Pub. 
  L. 85857, Sept. 2, 1958, 72 Stat. 1200, Sec. 1741; Pub. L. 
      88361, Sec. 6, July 7, 1964, 78 Stat. 298; Pub. L. 
94502, title III, Sec. 310(21), Oct. 15, 1976, 90 Stat. 2392; 
 Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 
       103 Stat. 2092; renumbered Sec. 3541 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
  107103, title I, Sec. 109(b)(1), Dec. 27, 2001, 115 Stat. 
986.) ' 3542. Special training allowance (a) While the eligible person 
 is enrolled in and pursuing a full-time course of special restorative 
 training, the eligible person shall be entitled to receive a special 
training allowance computed at the basic rate of $788 per month. If the 
  charges for tuition and fees applicable to any such course are more 
   than $247 per calendar month, the basic monthly allowance may be 
  increased by the amount that such charges exceed $247 a month, upon 
election by the eligible person to have such persons period of 
   entitlement reduced by one day for each such increased amount of 
allowance that is equal to one-thirtieth of the full-time basic monthly 
   rate of special training allowance. (b) No payments of a special 
  training allowance shall be made for the same period for which the 
   payment of an educational assistance allowance is made or for any 
 period during which the training is pursued on less than a full-time 
basis. (c) Full-time training for the purpose of this section shall be 
   determined by the Secretary with respect to the capacities of the 
 individual trainee. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
  1200, Sec. 1742; Pub. L. 89222, Sec. 2, Sept. 30, 1965, 79 
Stat. 896; Pub. L. 91219, title I, Sec. 104(c), Mar. 26, 1970, 
  84 Stat. 78; Pub. L. 92540, title I, Sec. 103(4), Oct. 24, 
1972, 86 Stat. 1076; Pub. L. 93508, title I, Sec. 103(4), Dec. 
3, 1974, 88 Stat. 1580; Pub. L. 93602, title II, Sec. 204(b), 
 Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94502, title III, Sec. 
301(2), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 95202, title I, 
  Sec. 103(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96466, 
title II, Sec. 202(2), 212(2), Oct. 17, 1980, 94 Stat. 2188, 2190; Pub. 
L. 98543, title II, Sec. 203(2), Oct. 24, 1984, 98 Stat. 2742; 
Pub. L. 101237, title IV, Sec. 403(a)(10), 423(b)(1)(A), Dec. 
     18, 1989, 103 Stat. 2080, 2092; renumbered Sec. 3542, Pub. L. 
    10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
     105 178, title VIII, Sec. 8210(c), as added Pub. L. 
105206, title IX, Sec. 9014(b), July 22, 1998, 112 Stat. 866; 
Pub. L. 106419, title I, Sec. 111(c), Nov. 1, 2000, 114 Stat. 
 1830; Pub. L. 107103, title I, Secs. 102(c), 109(b)(2), Dec. 
27, 2001, 115 Stat. 978, 986; Pub. L. 108183, title III, Sec. 
302(c), Dec. 16, 2003, 117 Stat. 2659.) ' 3543. Special administrative 
provisions (a) In carrying out the Secretarys responsibilities 
 under this chapter the Secretary may by agreement arrange with public 
   or private educational institutions or others to provide training 
    arrangements as may be suitable and necessary to accomplish the 
purposes of this subchapter. In any instance where the Secretary finds 
 that a customary tuition charge is not applicable, the Secretary may 
 agree on the fair and reasonable amounts which may be charged for the 
training provided to the eligible person. (b) The Secretary shall make 
such rules and regulations as the Secretary may deem necessary in order 
 to promote good conduct on the part of the persons who are following 
courses of special restorative training and otherwise to carry out the 
    purposes of this chapter. (c) In a case in which the Secretary 
authorizes training under section 3541(a) of this title on behalf of an 
 eligible person, the parent or guardian shall be entitled (1) to 
receive on behalf of the eligible person the special training allowance 
   provided for under section 3542(a) of this title; (2) to elect an 
    increase in the basic monthly allowance provided for under such 
section; and (3) to agree with the Secretary on the fair and reasonable 
      amounts which may be charged under subsection (a). (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1200, Sec. 1743; Pub. L. 
94502, title III, Sec. 310(22), Oct. 15, 1976, 90 Stat. 2392; 
  Pub. L. 101237, title IV, Sec. 423(b)(1)(A), (2), Dec. 18, 
 1989, 103 Stat. 2092; renumbered Sec. 3543, Pub. L. 102 83, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107103, title 
   I, Sec. 109(b)(3), (4), Dec. 27, 2001, 115 Stat. 986.) SUBCHAPTER 
    VIMISCELLANEOUS PROVISIONS ' 3561. Authority and duties of 
Secretary (a) The Secretary may provide the educational and vocational 
counseling authorized under section 3520 of this title, and may provide 
  additional counseling if the Secretary deems it to be necessary to 
  accomplish the purposes of this chapter. (b) Where any provision of 
this chapter authorizes or requires any function, power, or duty to be 
    exercised by a State, or by any officer or agency thereof, such 
  function, power, or duty shall, with respect to the Republic of the 
 Philippines, be exercised by the Secretary. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1200, Sec. 1761; Pub. L. 89358, Sec. 
3(a)(1), Mar. 3, 1966, 80 Stat. 19; Pub. L. 94502, title III, 
  Sec. 310(23), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 96466, 
     title III, Sec. 323(b), Oct. 17, 1980, 94 Stat. 2196; Pub. L. 
101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
  2092; renumbered Sec. 3561 and amended Pub. L. 10283, Sec. 
 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3562. Nonduplication of 
    benefits The commencement of a program of education or special 
     restorative training under this chapter shall be a bar (1) to 
     subsequent payments of compensation, dependency and indemnity 
compensation, or pension based on the death of a parent to an eligible 
 person over the age of eighteen by reason of pursuing a course in an 
   educational institution, or (2) to increased rates, or additional 
  amounts, of compensation, dependency and indemnity compensation, or 
pension because of such a person whether eligibility is based upon the 
 death or upon the total permanent disability of the parent. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1201, Sec. 1762; Pub. L. 
      88361, Sec. 4, July 7, 1964, 78 Stat. 298; Pub. L. 
  89358, Sec. 3(a)(2), Mar. 3, 1966, 80 Stat. 20; renumbered 
 Sec. 3562, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
 406.) ' 3563. Notification of eligibility The Secretary shall notify 
  the parent or guardian of each eligible person whose eligibility is 
   based on the death or disability of a parent or on a parent being 
listed in one of the categories referred to in section 3501(a)(1)(C) of 
this title of the educational assistance available to such person under 
 this chapter. Such notification shall be provided not later than the 
   month in which such eligible person attains such persons 
 thirteenth birthday or as soon thereafter as feasible. (Added Pub. L. 
91219, title II, Sec. 207(a), Mar. 26, 1970, 84 Stat. 82, Sec. 
1763;amended Pub. L. 94502, title III, Sec. 310(24), Oct. 15, 
1976, 90 Stat. 2392; Pub. L. 97295, Sec. 4(46), Oct. 12, 1982, 
 96 Stat. 1308; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), 
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3563 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 109444, Sec. 3(b)(5), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 
109461, title III, Sec. 301(b)(5), title X, Sec. 1006(b), Dec. 
 22, 2006, 120 Stat. 3427, 3468.) ' 3564. Annual adjustment of amounts 
  of educational assistance (a) With respect to any fiscal year, the 
  Secretary shall provide a percentage increase in the rates payable 
 under sections 3532, 3534(b), and 3542(a) of this title equal to the 
   percentage by which (1) the Consumer Price Index (all items, 
United States city average) for the 12-month period ending on the June 
30 preceding the beginning of the fiscal year for which the increase is 
  made, exceeds (2) such Consumer Price Index for the 12-month period 
   preceding the 12-month period described in paragraph (1). (b) Any 
 increase under subsection (a) in a rate with respect to a fiscal year 
  after fiscal year 2004 and before fiscal year 2014 shall be rounded 
  down to the next lower whole dollar amount. Any such increase with 
respect to a fiscal year after fiscal year 2013 shall be rounded to the 
 nearest whole dollar amount. (Added Pub. L. 106419, title I, 
    Sec. 111(f)(1)(A), Nov. 1, 2000, 114 Stat. 1831;amended Pub. L. 
   108183, title III, Sec. 304(b), Dec. 16, 2003, 117 Stat. 
 2660.) SUBCHAPTER VIIPHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE 
   SCOUTS ' 3565. Children of certain Philippine veterans (a) BASIC 
ELIGIBILITY.The term eligible person 
 as used in section 3501(a)(1) of this title includes the children of 
those Commonwealth Army veterans and New 
   Philippine Scouts who meet the requirements of service-connected 
  disability or death, based on service as defined in section 3566 of 
 this title. (b) ADMINISTRATIVE PROVISIONS.The provisions of this 
 chapter and chapter 36 shall apply to the educational assistance for 
              children of Commonwealth Army veterans and 
 New Philippine Scouts, except that 
  (1) educational assistance allowances authorized by section 3532 of 
  this title and the special training allowance authorized by section 
3542 of this title shall be paid at the rate of $0.50 for each dollar, 
 and (2) any reference to a State approving agency shall be deemed to 
 refer to the Secretary. (c) DELIMITING DATES.In the case of any 
individual who is an eligible person solely by virtue of subsection (a) 
of this section, and who is above the age of seventeen years and below 
    the age of twenty-three years on September 30, 1966, the period 
   referred to in section 3512 of this title shall not end until the 
expiration of the five-year period which begins on September 30, 1966. 
 (Added Pub. L. 89613, Sec. 1, Sept. 30, 1966, 80 Stat. 861, 
Sec. 1765; amended Pub. L. 9124, Sec. 9(c), June 11, 1969, 83 
 Stat. 34; Pub. L. 97295, Sec. 4(47), Oct. 12, 1982, 96 Stat. 
 1308; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
    1989, 103 Stat. 2092; renumbered Sec. 3565 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 103446, title V, Sec. 507(b), Nov. 2, 1994, 108 Stat. 4664; 
 Pub. L. 109233, title V, Sec. 503(8)(A), June 15, 2006, 120 
 Stat. 416.) ' 3566. Definitions (a) The term Commonwealth 
Army veterans means persons who served before July 1, 
    1946, in the organized military forces of the Government of the 
Philippines, while such forces were in the service of the Armed Forces 
 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, and who were discharged or 
 released from such service under conditions other than dishonorable. 
 (b) The term New Philippine 
   Scouts means Philippine Scouts who served under 
 section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and 
  who were discharged or released from such service under conditions 
 other than dishonorable. (Added Pub. L. 89613, Sec. 1, Sept. 
   30, 1966, 80 Stat. 861, Sec. 1766; renumbered Sec. 3566, Pub. L. 
10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) CHAPTER 36 OF 
 TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
       BENEFITS xPART IIIREADJUSTMENT AND RELATED 
BENEFITS CHAPTER 36ADMINISTRATION OF EDUCATIONAL BENEFITS 
SUBCHAPTER ISTATE APPROVING AGENCIES Sec. 3670. Scope of approval. 
     3671. Designation. 3672. Approval of courses. 3673. Approval 
     activities: cooperation and coordination of activities. 3674. 
 Reimbursement of expenses. 3674A. Evaluations of agency performance; 
 qualifications and performance of agency personnel. 3675. Approval of 
  accredited courses. 3676. Approval of nonaccredited courses. 3677. 
 Approval of training on the job. 3678. Notice of approval of courses. 
     3679. Disapproval of courses. SUBCHAPTER IIMISCELLANEOUS 
   PROVISIONS 3680. Payment of educational assistance or subsistence 
allowances. 3680A. Disapproval of enrollment in certain courses. 3681. 
Limitations on educational assistance. 3682. Control by agencies of the 
United States. 3683. Conflicting interests. 3684. Reports by veterans, 
 eligible persons, and institutions; reporting fee. 3684A. Procedures 
 relating to computer matching program. 3685. Overpayments to eligible 
persons or veterans. 3686. Correspondence courses. 3687. Apprenticeship 
or other on-job training. 3688. Measurement of courses. 3689. Approval 
requirements for licensing and certification testing. 3690. Overcharges 
by educational institutions; discontinuance of allowances; examination 
 of records; false or misleading statements. 3691. Change of program. 
3692. Advisory committee. 3693. Compliance surveys. 3694. Use of other 
Federal agencies. 3695. Limitation on period of assistance under two or 
  more programs. 3696. Limitation on certain advertising, sales, and 
    enrollment practices. 3697. Funding of contract educational and 
 vocational counseling. 3697A. Educational and vocational counseling. 
 SUBCHAPTER IIIREPEALED] [3699. Repealed.] SUBCHAPTER ISTATE 
  APPROVING AGENCIES ' 3670. Scope of approval (a) A course approved 
under and for the purposes of this chapter shall be deemed approved for 
 the purposes of chapters 34 and 35 of this title. 557 (b) Any course 
  approved under chapter 33 of this title, prior to February 1, 1965, 
  under subchapter VII of chapter 35 of this title, prior to March 3, 
   1966, and not disapproved under section 3483, section 1656 (as in 
effect prior to February 1, 1965), or section 3679 of this title, shall 
  be deemed approved for the purposes of this chapter. (Added Pub. L. 
  89358, Sec. 3(a)(5), Mar. 3, 1966, 80 Stat. 20, Sec. 1770; 
 amended Pub. L. 92540, title IV, Sec. 403(1), Oct. 24, 1972, 
 86 Stat. 1090; Pub. L. 97295, Sec. 4(49), Oct. 12, 1982, 96 
 Stat. 1308; renumbered Sec. 3670 and amended Pub. L. 10283, 
 Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3671. Designation 
(a) Unless otherwise established by the law of the State concerned, the 
  chief executive of each State is requested to create or designate a 
     State department or agency as the State approving 
   agency for such State for the purposes of this 
chapter and chapters 34 and 35 of this title. (b)(1) If any State fails 
 or declines to create or designate a State approving agency, or fails 
  to enter into an agreement under section 3674(a), the provisions of 
  this chapter which refer to the State approving agency shall, with 
respect to such State, be deemed to refer to the Secretary. (2) Except 
 as otherwise provided in this chapter, in the case of courses subject 
  to approval by the Secretary under section 3672 of this title, the 
  provisions of this chapter which refer to a State approving agency 
       shall be deemed to refer to the Secretary. (Added Pub. L. 
   88126, Sec. 1, Sept. 23, 1963, 77 Stat. 158, Sec. 1771; 
 amended Pub. L. 89358, Sec. 3(a)(6), Mar. 3, 1966, 80 Stat. 
 20; Pub. L. 92540, title IV, Sec. 403(2), Oct. 24, 1972, 86 
 Stat. 1090; Pub. L. 94502, title V, Sec. 513(a)(1), Oct. 15, 
 1976, 90 Stat. 2402; Pub. L. 100323, Sec. 13(b)(4), May 20, 
     1988, 102 Stat. 573; Pub. L. 101237, title IV, Sec. 
 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3671 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 111377, title II, Sec. 203(a)(2)(B), Jan. 
 4, 2011, 124 Stat. 4125.) ' 3672. Approval of courses (a) An eligible 
   person or veteran shall receive the benefits of this chapter and 
    chapters 34 and 35 of this title while enrolled in a course of 
education offered by an educational institution only if (1) such course 
is approved as provided in this chapter and chapters 34 and 35 of this 
     title by the State approving agency for the State where such 
 educational institution is located, or by the Secretary, or (2) such 
course is approved (A) for the enrollment of the particular individual 
 under the provisions of section 3536 of this title or (B) for special 
 restorative training under subchapter V of chapter 35 of this title. 
Approval of courses by State approving agencies shall be in accordance 
  with the provisions of this chapter and chapters 34 and 35 of this 
 title and such other regulations and policies as the State approving 
    agency may adopt. Each State approving agency shall furnish the 
 Secretary with a current list of educational institutions specifying 
courses which it has approved, and, in addition to such list, it shall 
furnish such other information to the Secretary as it and the Secretary 
may determine to be necessary to carry out the purposes of this chapter 
and chapters 34 and 35 of this title. Each State approving agency shall 
   notify the Secretary of the disapproval of any course previously 
 approved and shall set forth the reasons for such disapproval. (b)(1) 
   The Secretary shall be responsible for the approval of courses of 
 education offered by any agency of the Federal Government authorized 
under other laws to supervise such education. The Secretary may approve 
any course in any other educational institution in accordance with the 
provisions of this chapter and chapters 34 and 35 of this title. (2)(A) 
  Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684, and 3696 of 
   this title, the following programs are deemed to be approved for 
  purposes of this chapter: (i) An accredited standard college degree 
 program offered at a public or not-for-profit proprietary educational 
 institution that is accredited by an agency or association recognized 
for that purpose by the Secretary of Education. (ii) A flight training 
course approved by the Federal Aviation Administration that is offered 
  by a certified pilot school that possesses a valid Federal Aviation 
   Administration pilot school certificate. (iii) An apprenticeship 
   program registered with the Office of Apprenticeship (OA) of the 
  Employment Training Administration of the Department of Labor or a 
State apprenticeship agency recognized by the Office of Apprenticeship 
    pursuant to the Act of August 16, 1937 (popularly known as the 
National Apprenticeship Act; 29 U.S.C. 50 
et seq.). (iv) A program leading to a secondary school diploma offered 
 by a secondary school approved in the State in which it is operating. 
 (B) A licensure test offered by a Federal, State, or local government 
 is deemed to be approved for purposes of this chapter. (c)(1) In the 
 case of programs of apprenticeship where (A) the apprenticeship 
  standards have been approved by the Secretary of Labor pursuant to 
    section 2 of the Act of August 16, 1937 (popularly known as the 
 National Apprenticeship Act) (29 U.S.C. 
 50a), as a national apprenticeship program for operation in more than 
  one State, and (B) the training establishment is a carrier directly 
  engaged in interstate commerce which provides such training in more 
    than one State, the Secretary shall act as a State 
  approving agency as such term is used in section 
 3687(a)(1) of this title and shall be responsible for the approval of 
all such programs. (2) The period of a program of apprenticeship may be 
 determined based upon a specific period of time (commonly referred to 
as a time-based program), based upon the 
demonstration of successful mastery of skills (commonly referred to as 
  a competency-based program), or based 
 upon a combination thereof. (3)(A) In the case of a competency-based 
program of apprenticeship, State approving agencies shall determine the 
period for which payment may be made for such a program under chapters 
 30 and 35 of this title and chapter 1606 of title 10. In determining 
the period of such a program, State approving agencies shall take into 
   consideration the approximate term of the program recommended in 
registered apprenticeship program standards recognized by the Secretary 
      of Labor. (B) The sponsor of a competency-based program of 
   apprenticeship shall provide notice to the State approving agency 
 involved of any such standards that may apply to the program and the 
  proposed approximate period of training under the program. (4) The 
 sponsor of a competency-based program of apprenticeship shall notify 
     the Secretary upon the successful completion of a program of 
 apprenticeship by an individual under chapter 30 or 35 of this title, 
  or chapter 1606 of title 10, as the case may be. (d)(1) Pursuant to 
   regulations prescribed by the Secretary in consultation with the 
 Secretary of Labor, the Secretary and State approving agencies shall 
   actively promote the development of apprenticeship and on the job 
 training programs for the purposes of sections 3677 and 3687 of this 
  title and shall utilize the services of disabled veterans 
   outreach program specialists under section 4103A of this title to 
promote the development of such programs. The Secretary of Labor shall 
    provide assistance and services to the Secretary, and to State 
  approving agencies, to increase the use of apprenticeships. (2) In 
  conjunction with outreach services provided by the Secretary under 
  chapter 77 of this title for education and training benefits, each 
  State approving agency shall conduct outreach programs and provide 
outreach services to eligible persons and veterans about education and 
training benefits available under applicable Federal and State law. (e) 
     A program of education exclusively by correspondence, and the 
correspondence portion of a combination correspondence-residence course 
 leading to a vocational objective, that is offered by an educational 
   institution (as defined in section 3452(c) of this title) may be 
 approved only if (1) the educational institution is accredited by an 
 entity recognized by the Secretary of Education, and (2) at least 50 
 percent of those pursuing such a program or course require six months 
       or more to complete the program or course. (Added Pub. L. 
   88126, Sec. 1, Sept. 23, 1963, 77 Stat. 158, Sec. 1772; 
  amended Pub. L. 89358, Sec. 3(a)(7), (8), Mar. 3, 1966, 80 
  Stat. 20, 21; Pub. L. 91219, title II, Sec. 211, Mar. 26, 
       1970, 84 Stat. 83; Pub. L. 92540, title IV, Sec. 
       403(3)(5), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 
 96466, title V, Sec. 502, Oct. 17, 1980, 94 Stat. 2203; Pub. 
 L. 97295, Sec. 4(50), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 
101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
  2092; renumbered Sec. 3672 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, 
    title VI, Sec. 605(a)(1), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 
  107103, title III, Sec. 303, Dec. 27, 2001, 115 Stat. 992; 
 Pub. L. 108454, title I, Secs. 104(a), (b), 110(b), Dec. 10, 
 2004, 118 Stat. 3601, 3602, 3605; Pub. L. 111377, title II, 
    Sec. 203(a)(1), Jan. 4, 2011, 124 Stat. 4124.) ' 3673. Approval 
activities: cooperation and coordination of activities (a) COOPERATION 
IN ACTIVITIES.The Secretary and each State approving agency shall 
   take cognizance of the fact that definite duties, functions, and 
   responsibilities are conferred upon the Secretary and each State 
approving agency under the educational programs established under this 
   chapter and chapters 34 and 35 of this title. To assure that such 
programs are effectively and efficiently administered, the cooperation 
 of the Secretary and the State approving agencies is essential. It is 
    necessary to establish an exchange of information pertaining to 
activities of educational institutions, and particular attention should 
   be given to the enforcement of approval standards, enforcement of 
 enrollment restrictions, and fraudulent and other criminal activities 
on the part of persons connected with educational institutions in which 
   eligible persons or veterans are enrolled under this chapter and 
         chapters 34 and 35 of this title. (b) COORDINATION OF 
ACTIVITIES.The Secretary shall take appropriate actions to ensure 
 the coordination of approval activities performed by State approving 
 agencies under this chapter and chapters 34 and 35 of this title and 
     approval activities performed by the Department of Labor, the 
Department of Education, and other entities in order to reduce overlap 
   and improve efficiency in the performance of such activities. (c) 
 AVAILABILITY OF INFORMATION MATERIAL.The Secretary will furnish 
the State approving agencies with copies of such Department of Veterans 
Affairs informational material as may aid them in carrying out chapters 
   34 and 35 of this title. (d) USE OF STATE APPROVING AGENCIES FOR 
COMPLIANCE AND OVERSIGHT ACTIVITIES.The Secretary may utilize the 
services of a State approving agency for such compliance and oversight 
   purposes as the Secretary considers appropriate without regard to 
whether the Secretary or the agency approved the courses offered in the 
State concerned. (Added Pub. L. 88126, Sec. 1, Sept. 23, 1963, 
77 Stat. 158, Sec. 1773; amended Pub. L. 89358, Sec. 3(a)(7), 
(11), Mar. 3, 1966, 80 Stat. 20, 21; Pub. L. 92540, title IV, 
Sec. 403(6), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 97295, Sec. 
4(51), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 101237, title IV, 
 Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3673, 
Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
110389, title III, Sec. 326(a)(1), (2)(A), (3), Oct. 10, 2008, 
122 Stat. 4169; Pub. L. 111377, title II, Sec. 203(b), Jan. 4, 
2011, 124 Stat. 4125.) ' 3674. Reimbursement of expenses (a)(1) Subject 
  to paragraphs (2) through (4) of this subsection, the Secretary is 
 authorized to enter into contracts or agreements with State and local 
   agencies to pay such State and local agencies for reasonable and 
 necessary expenses of salary and travel incurred by employees of such 
  agencies and an allowance for administrative expenses in accordance 
  with the formula contained in subsection (b) of this section in (A) 
  rendering necessary services in ascertaining the qualifications of 
    educational institutions for furnishing courses of education to 
eligible persons or veterans under this chapter and chapters 30 through 
35 of this title and chapter 106 of title 10, and in the supervision of 
 such educational institutions, and (B) furnishing, at the request of 
  the Secretary, any other services in connection with such chapters. 
 Each such contract or agreement shall be conditioned upon compliance 
 with the standards and provisions of such chapters. The Secretary may 
also reimburse such agencies for work performed by their subcontractors 
 where such work has a direct relationship to the requirements of such 
 chapters, and has had the prior approval of the Secretary. (2)(A) The 
   Secretary shall make payments to State and local agencies, out of 
  amounts available for the payment of readjustment benefits, for the 
  reasonable and necessary expenses of salary and travel incurred by 
  employees of such agencies in carrying out contracts or agreements 
entered into under this section, for expenses approved by the Secretary 
   that are incurred in carrying out activities described in section 
3674A(a)(3) of this title (except for administrative overhead expenses 
allocated to such activities), and for the allowance for administrative 
expenses described in subsection (b). (B) The Secretary shall make such 
 a payment to an agency within a reasonable time after the agency has 
 submitted a report pursuant to paragraph (3) of this subsection. (C) 
  Subject to paragraph (4) of this subsection, the amount of any such 
 payment made to an agency for any period shall be equal to the amount 
of the reasonable and necessary expenses of salary and travel certified 
by such agency for such period in accordance with paragraph (3) of this 
subsection plus the allowance for administrative expenses described in 
  subsection (b) and the amount of expenses approved by the Secretary 
   that are incurred in carrying out activities described in section 
 3674A(a)(3) of this title for such period (except for administrative 
  overhead expenses allocated to such activities). (3) Each State and 
 local agency with which a contract or agreement is entered into under 
 this section shall submit to the Secretary on a monthly or quarterly 
basis, as determined by the agency, a report containing a certification 
of the reasonable and necessary expenses incurred for salary and travel 
by such agency under such contract or agreement for the period covered 
  by the report. The report shall be submitted in the form and manner 
 required by the Secretary. (4) The total amount made available under 
    this section for any fiscal year shall be $19,000,000. (b) The 
 allowance for administrative expenses incurred pursuant to subsection 
  (a) of this section shall be paid in accordance with the following 
   formula: (c) Each State and local agency with which the Secretary 
  contracts or enters into an agreement under subsection (a) of this 
section shall report to the Secretary periodically, but not less often 
than annually, as determined by the Secretary, on the activities in the 
preceding twelve months (or the period which has elapsed since the last 
  report under this subsection was submitted) carried out under such 
contract or agreement. Each such report shall describe, in such detail 
as the Secretary shall prescribe, services performed and determinations 
made in connection with ascertaining the qualifications of educational 
  institutions in connection with this Total salary cost reimbursable 
under this section Allowable for administrative expense $5,000 or less 
 Over $5,000 but not exceeding $10,000 Over $10,000 but not exceeding 
  $35,000 Over $35,000 but not exceeding $40,000 Over $40,000 but not 
 exceeding $75,000 Over $75,000 but not exceeding $80,000 Over $80,000 
   $693. $1,247. $1,247 for the first $10,000, plus $1,155 for each 
  additional $5,000 or fraction thereof. $7,548. $7,548 for the first 
  $40,000, plus $999 for each additional $5,000 or fraction thereof. 
 $14,969. $14,969 for the first $80,000, plus $872 for each additional 
$5,000 or fraction thereof. chapter and chapters 32, 34, and 35 of this 
      title and in supervising such institutions. (Added Pub. L. 
   88126, Sec. 1, Sept. 23, 1963, 77 Stat. 159, Sec. 1774; 
amended Pub. L. 89358, Sec. 3(a)(7), (8), (11), Mar. 3, 1966, 
  80 Stat. 20, 21; Pub. L. 90631, Sec. 4, Oct. 23, 1968, 82 
 Stat. 1334; Pub. L. 92540, title IV, Sec. 403(7), 411, Oct. 
 24, 1972, 86 Stat. 1090, 1092; Pub. L. 93508, title II, Sec. 
 210(1), Dec. 3, 1974, 88 Stat. 1584; Pub. L. 94502, title V, 
 Sec. 503, Oct. 15, 1976, 90 Stat. 2399; Pub. L. 95202, title 
 III, Sec. 303, Nov. 23, 1977, 91 Stat. 1441; Pub. L. 96466, 
title II, Sec. 203(1), 213(1), Oct. 17, 1980, 94 Stat. 2188, 2190; Pub. 
 L. 97295, Sec. 4(51), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 
 100323, Sec. 13(a)(1), (b)(5), May 20, 1988, 102 Stat. 571, 
 573; Pub. L. 101237, title IV, Sec. 414, 423(b)(1)(A), Dec. 
18, 1989, 103 Stat. 2085, 2092; Pub. L. 10216, Sec. 10(a)(7), 
 Mar. 22, 1991, 105 Stat. 56; renumbered Sec. 3674 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
103446, title VI, Sec. 606(a)(1), (b), Nov. 2, 1994, 108 Stat. 
  4672; Pub. L. 106419, title I, Sec. 123, Nov. 1, 2000, 114 
 Stat. 1837; Pub. L. 107 14, Sec. 8(a)(7), June 5, 2001, 115 
 Stat. 34; Pub. L. 107330, title III, Sec. 301, Dec. 6, 2002, 
 116 Stat. 2824; Pub. L. 110252, title V, Sec. 5005, June 30, 
  2008, 122 Stat. 2379.) ' 3674A. Evaluations of agency performance; 
 qualifications and performance of agency personnel (a) The Secretary 
    shall (1)(A) conduct, in conjunction with State approving 
 agencies, an annual evaluation of each State approving agency on the 
 basis of standards developed by the Secretary in conjunction with the 
     State approving agencies, and (B) provide each such agency an 
  opportunity to comment on the evaluation; (2) take into account the 
  results of annual evaluations carried out under paragraph (1) when 
 negotiating the terms and conditions of a contract or agreement under 
section 3674 of this title; (3) cooperate with State approving agencies 
 in developing and implementing a uniform national curriculum, to the 
 extent practicable, for training new employees and for continuing the 
training of employees of such agencies, and sponsor, with the agencies, 
such training and continuation of training; and (4) prescribe prototype 
qualification and performance standards, developed in conjunction with 
 State approving agencies, for use by such agencies in the development 
 of qualification and performance standards for State approving agency 
 personnel carrying out approval responsibilities under a contract or 
    agreement entered into under section 3674(a). (b)(1) Each State 
    approving agency carrying out a contract or agreement with the 
  Secretary under section 3674(a) of this title shall (A) apply 
    qualification and performance standards based on the standards 
   developed under subsection (a)(4); and (B) make available to any 
  person, upon request, the criteria used to carry out its functions 
  under a contract or agreement entered into under section 3674(a) of 
   this title. (2) In developing and applying standards described in 
      subsection (a)(4), the State approving agency may take into 
 consideration the States merit system requirements and other 
  local requirements and conditions. (3) The Secretary shall provide 
  assistance in developing such standards to a State approving agency 
that requests it. (Added Pub. L. 100323, Sec. 13(b)(1)(A), May 
 20, 1988, 102 Stat. 572, Sec. 1774A; amended Pub. L. 101237, 
title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered 
Sec. 3674A and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 103446, title VI, Sec. 606(c), 
 Nov. 2, 1994, 108 Stat. 4672; Pub. L. 105368, title X, Sec. 
  1005(b)(8), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 107 14, 
    Sec. 8(a)(8), June 5, 2001, 115 Stat. 35.) ' 3675. Approval of 
accredited courses (a)(1) The Secretary or a State approving agency may 
approve accredited programs (including non-degree accredited programs) 
 offered by proprietary for-profit educational institutions when 
  (A) such courses have been accredited and approved by a nationally 
  recognized accrediting agency or association; (B) such courses are 
 conducted under the Act of February 23, 1917 (20 U.S.C. 11 et seq.); 
(C) such courses are accepted by the State department of education for 
   credit for a teachers certificate or a teachers 
 degree; or (D) such courses are approved by the State as meeting the 
 requirement of regulations prescribed by the Secretary of Health and 
Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of 
      the Social Security Act (42 U.S.C. 1395i-3(f)(2)(A)(i) and 
   1396r(f)(2)(A)(i)). (2)(A) For the purposes of this chapter, the 
 Secretary of Education shall publish a list of nationally recognized 
 accrediting agencies and associations which that Secretary determines 
 to be reliable authority as to the quality of training offered by an 
 educational institution. (B) Except as provided in section 3672(e) of 
 this title, a State approving agency may utilize the accreditation of 
 any accrediting association or agency listed pursuant to subparagraph 
 (A) of this paragraph for approval of courses specifically accredited 
   and approved by such accrediting association or agency. (3)(A) An 
  educational institution shall submit an application for approval of 
     courses to the appropriate State approving agency. In making 
  application for approval, the institution (other than an elementary 
   school or secondary school) shall transmit to the State approving 
  agency copies of its catalog or bulletin which must be certified as 
true and correct in content and policy by an authorized representative 
  of the institution. (B) Each catalog or bulletin transmitted by an 
  institution under subparagraph (A) of this paragraph shall (i) 
state with specificity the requirements of the institution with respect 
 to graduation; (ii) include the information required under paragraphs 
  (6) and (7) of section 3676(b) of this title; and (iii) include any 
  attendance standards of the institution, if the institution has and 
  enforces such standards. (b) As a condition of approval under this 
  section, the Secretary or the State approving agency must find the 
 following: (1) The educational institution keeps adequate records, as 
prescribed by the Secretary or the State approving agency, to show the 
progress and grades of the eligible person or veteran and to show that 
 satisfactory standards relating to progress and conduct are enforced. 
   (2) The educational institution maintains a written record of the 
previous education and training of the eligible person or veteran that 
    clearly indicates that appropriate credit has been given by the 
 educational institution for previous education and training, with the 
    training period shortened proportionately. (3) The educational 
 institution and its approved courses meet the criteria of paragraphs 
  (1), (2), and (3) of section 3676(c) of this title. (c)(1) A State 
approving agency may approve the entrepreneurship courses offered by a 
  qualified provider of entrepreneurship courses. (2) For purposes of 
        this subsection, the term entrepreneurship 
   course means a non-degree, non-credit course of 
business education that enables or assists a person to start or enhance 
 a small business concern (as defined pursuant to section 3(a) of the 
    Small Business Act (15 U.S.C. 632(a))). (3) Subsection (a) and 
paragraphs (1) and (2) of subsection (b) shall not apply to (A) an 
      entrepreneurship course offered by a qualified provider of 
       entrepreneurship courses; and (B) a qualified provider of 
  entrepreneurship courses by reason of such provider offering one or 
  more entrepreneurship courses. (4) Notwithstanding paragraph (3), a 
  qualified provider of entrepreneurship courses shall maintain such 
  records as the Secretary determines to be necessary to comply with 
  reporting requirements that apply under section 3684(a)(1) of this 
  title with respect to eligible persons and veterans enrolled in an 
    entrepreneurship course offered by the provider. (Added Pub. L. 
   88126, Sec. 1, Sept. 23, 1963, 77 Stat. 159, Sec. 1775; 
 amended Pub. L. 89358, Sec. 3(a)(8), Mar. 3, 1966, 80 Stat. 
  21; Pub. L. 94502, title V, Sec. 504, 513(a)(2), Oct. 15, 
  1976, 90 Stat. 2399, 2402; Pub. L. 96466, title VIII, Sec. 
 801(d), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 101237, title 
 IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 
  3675 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 406; Pub. L. 102568, title III, Sec. 312, Oct. 
   29, 1992, 106 Stat. 4330; Pub. L. 103446, title VI, Sec. 
 605(a)(2)(A), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 104275, 
      title I, Sec. 103(c), Oct. 9, 1996, 110 Stat. 3326; Pub. L. 
108183, title III, Sec. 305(a), Dec. 16, 2003, 117 Stat. 2660; 
 Pub. L. 108454, title I, Sec. 110(c)(1), Dec. 10, 2004, 118 
  Stat. 3605; Pub. L. 111377, title II, Sec. 203(c), Jan. 4, 
2011, 124 Stat. 4125.) ' 3676. Approval of nonaccredited courses (a) No 
 course of education which has not been approved by a State approving 
 agency pursuant to section 3675 of this title, which is offered by a 
 public or private, profit or nonprofit, educational institution shall 
  be approved for the purposes of this chapter unless the educational 
   institution offering such course submits to the appropriate State 
 approving agency a written application for approval of such course in 
 accordance with the provisions of this chapter. (b) Such application 
shall be accompanied by not less than two copies of the current catalog 
   or bulletin which is certified as true and correct in content and 
 policy by an authorized owner or official and includes the following: 
 (1) Identifying data, such as volume number and date of publication; 
  (2) Names of the institution and its governing body, officials and 
  faculty; (3) A calendar of the institution showing legal holidays, 
beginning and ending date of each quarter, term, or semester, and other 
 important dates; (4) Institution policy and regulations on enrollment 
with respect to enrollment dates and specific entrance requirements for 
each course; (5) Institution policy and regulations relative to leave, 
  absences, class cuts, makeup work, tardiness and interruptions for 
   unsatisfactory attendance; (6) Institution policy and regulations 
   relative to standards of progress required of the student by the 
    institution (this policy will define the grading system of the 
institution, the minimum grades considered satisfactory, conditions for 
interruption for unsatisfactory grades or progress and a description of 
   the probationary period, if any, allowed by the institution, and 
       conditions of reentrance for those students dismissed for 
 unsatisfactory progress. A statement will be made regarding progress 
    records kept by the institution and furnished the student); (7) 
  Institution policy and regulations relating to student conduct and 
   conditions for dismissal for unsatisfactory conduct; (8) Detailed 
schedules of fees, charges for tuition, books, supplies, tools, student 
 activities, laboratory fees, service charges, rentals, deposits, and 
   all other charges; (9) Policy and regulations of the institution 
  relative to the refund of the unused portion of tuition, fees, and 
  other charges in the event the student does not enter the course or 
   withdraws or is discontinued therefrom; (10) A description of the 
 available space, facilities, and equipment; (11) A course outline for 
each course for which approval is requested, showing subjects or units 
  in the course, type of work or skill to be learned, and approximate 
  time and clock hours to be spent on each subject or unit; and (12) 
 Policy and regulations of the institution relative to granting credit 
for previous educational training. (c) The appropriate State approving 
    agency may approve the application of such institution when the 
institution and its non-accredited courses are found upon investigation 
 to have met the following criteria: (1) The courses, curriculum, and 
instruction are consistent in quality, content, and length with similar 
courses in public schools and other private schools in the State, with 
recognized accepted standards. (2) There is in the institution adequate 
 space, equipment, instructional material, and instructor personnel to 
   provide training of good quality. (3) Educational and experience 
   qualifications of directors, administrators, and instructors are 
    adequate. (4) The institution maintains a written record of the 
  previous education and training of the eligible person and clearly 
indicates that appropriate credit has been given by the institution for 
  previous education and training, with the training period shortened 
proportionately and the eligible person so notified. (5) A copy of the 
     course outline, schedule of tuition, fees, and other charges, 
    regulations pertaining to absence, grading policy, and rules of 
   operation and conduct will be furnished the eligible person upon 
  enrollment. (6) Upon completion of training, the eligible person is 
 given a certificate by the institution indicating the approved course 
and indicating that training was satisfactorily completed. (7) Adequate 
 records as prescribed by the State approving agency are kept to show 
attendance and progress or grades, and satisfactory standards relating 
to attendance, progress, and conduct are enforced. (8) The institution 
 complies with all local, city, county, municipal, State, and Federal 
  regulations, such as fire codes, building and sanitation codes. The 
 State approving agency may require such evidence of compliance as is 
deemed necessary. (9) The institution is financially sound and capable 
 of fulfilling its commitments for training. (10) The institution does 
 not utilize advertising of any type which is erroneous or misleading, 
 either by actual statement, omission, or intimation. The institution 
   shall not be deemed to have met this requirement until the State 
approving agency (A) has ascertained from the Federal Trade Commission 
whether the Commission has issued an order to the institution to cease 
and desist from any act or practice, and (B) has, if such an order has 
 been issued, given due weight to that fact. (11) The institution does 
   not exceed its enrollment limitations as established by the State 
   approving agency. (12) The institutions administrators, 
     directors, owners, and instructors are of good reputation and 
  character. (13) The institution has and maintains a policy for the 
refund of the unused portion of tuition, fees, and other charges in the 
event the eligible person fails to enter the course or withdraws or is 
 discontinued therefrom at any time before completion and (A) in 
 the case of an institution (other than (i) a Federal, State, or local 
Government institution or (ii) an institution described in subparagraph 
  (B)), such policy provides that the amount charged to the eligible 
person for tuition, fees, and other charges for a portion of the course 
shall not exceed the approximate pro rata portion of the total charges 
 for tuition, fees, and other charges that the length of the completed 
portion of the course bears to its total length; or (B) in the case of 
an institution that is a nonaccredited public educational institution, 
the institution has and maintains a refund policy regarding the unused 
 portion of tuition, fees, and other charges that is substantially the 
  same as the refund policy followed by accredited public educational 
 institutions located within the same State as such institution. (14) 
   Such additional criteria as may be deemed necessary by the State 
approving agency. (d) The Secretary may waive, in whole or in part, the 
 requirements of subsection (c)(13) of this section in the case of an 
  educational institution which (1) is a college, university, or 
 similar institution offering postsecondary level academic instruction 
  that leads to an associate or higher degree, (2) is operated by an 
  agency of a State or of a unit of local government, (3) is located 
  within such State or, in the case of an institution operated by an 
agency of a unit of local government, within the boundaries of the area 
 over which such unit has taxing jurisdiction, and (4) is a candidate 
    for accreditation by a regional accrediting association, if the 
Secretary determines, pursuant to regulations which the Secretary shall 
 prescribe, that such requirements would work an undue administrative 
 hardship because the total amount of tuition, fees, and other charges 
at such institution is nominal. (e) Notwithstanding any other provision 
 of this title, a course of education shall not be approved under this 
   section if it is to be pursued in whole or in part by independent 
study. (Added Pub. L. 88126, Sec. 1, Sept. 23, 1963, 77 Stat. 
 159, Sec. 1776; amended Pub. L. 89358, Sec. 3(a)(9), Mar. 3, 
1966, 80 Stat. 21; Pub. L. 9766, title VI, Sec. 606, Oct. 17, 
     1981, 95 Stat. 1037; Pub. L. 101237, title IV, Sec. 
 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3676 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 406; Pub. L. 102568, title III, Sec. 313(a)(1), Oct. 29, 
  1992, 106 Stat. 4331; Pub. L. 109461, title III, Sec. 303, 
Dec. 22, 2006, 120 Stat. 3428; Pub. L. 110389, title III, Sec. 
 322, Oct. 10, 2008, 122 Stat. 4168.) ' 3677. Approval of training on 
    the job (a) Any State approving agency may approve a program of 
training on the job (other than a program of apprenticeship) only when 
it finds that the job which is the objective of the training is one in 
which progression and appointment to the next higher classification are 
based upon skills learned through organized and supervised training on 
    the job and not on such factors as length of service and normal 
 turnover, and that the provisions of subsections (b) and (c) of this 
 section are met. (b)(1) The training establishment offering training 
 which is desired to be approved for the purposes of this chapter must 
submit to the appropriate State approving agency a written application 
 for approval which, in addition to furnishing such information as is 
   required by the State approving agency, contains a certification 
 that (A) the wages to be paid the eligible veteran or person (i) 
upon entrance into training, are not less than wages paid non-veterans 
  in the same training position and are at least 50 per centum of the 
    wages paid for the job for which the veteran or person is to be 
  trained, and (ii) such wages will be increased in regular periodic 
 increments until, not later than the last full month of the training 
 period, they will be at least 85 per centum of the wages paid for the 
job for which such eligible veteran or person is being trained; and (B) 
   there is reasonable certainty that the job for which the eligible 
veteran or person is to be trained will be available to the veteran or 
  person at the end of the training period. (2) The requirement under 
    paragraph (1)(A)(ii) shall not apply with respect to a training 
  establishment operated by the United States or by a State or local 
 government. (3) The requirement for certification under paragraph (1) 
  shall not apply to training described in section 3452(e)(2) of this 
 title. (c) As a condition for approving a program of training on the 
job (other than a program of apprenticeship) the State approving agency 
 must find upon investigation that the following criteria are met: (1) 
The training content of the course is adequate to qualify the eligible 
 veteran or person for appointment to the job for which the veteran or 
  person is to be trained. (2) The job customarily requires full-time 
training for a period of not less than six months and not more than two 
 years. (3) The length of the training period is not longer than that 
customarily required by the training establishments in the community to 
provide an eligible veteran or person with the required skills, arrange 
 for the acquiring of job knowledge, technical information, and other 
facts which the eligible veteran or person will need to learn in order 
to become competent on the job for which the veteran or person is being 
    trained. (4) Provision is made for related instruction for the 
individual eligible veteran or person who may need it. (5) There is in 
  the training establishment adequate space, equipment, instructional 
material, and instructor personnel to provide satisfactory training on 
  the job. (6) Adequate records are kept to show the progress made by 
   each eligible veteran or person toward such veterans or 
   persons job objective. (7) No course of training will be 
 considered bona fide if given to an eligible veteran or person who is 
already qualified by training and experience for the job. (8) A signed 
  copy of the training agreement for each eligible veteran or person, 
including the training program and wage scale as approved by the State 
   approving agency, is provided to the veteran or person and to the 
Secretary and the State approving agency by the employer. (9) That the 
  course meets such other criteria as may be established by the State 
  approving agency. (d)(1) The Secretary may conduct a pilot program 
  under which the Secretary operates a program of training on the job 
under this section for a period (notwithstanding subsection (c)(2)) of 
 up to three years in duration to train employees of the Department to 
 become qualified adjudicators of claims for compensation, dependency 
 and indemnity compensation, and pension. (2)(A) Not later than three 
  years after the implementation of the pilot project, the Secretary 
 shall submit to Congress an initial report on the pilot project. The 
report shall include an assessment of the usefulness of the program in 
 recruiting and retaining of personnel of the Department as well as an 
 assessment of the value of the program as a training program. (B) Not 
 later than 18 months after the date on which the initial report under 
subparagraph (A) is submitted, the Secretary shall submit to Congress a 
   final report on the pilot project. The final report shall include 
 recommendations of the Secretary with respect to continuation of the 
pilot project and with respect to expansion of the types of claims for 
which the extended period of on the job training is available to train 
 such employees. (Added Pub. L. 9077, title III, Sec. 304(d), 
Aug. 31, 1967, 81 Stat. 186, Sec. 1777; amended Pub. L. 91219, 
  title II, Sec. 212, Mar. 26, 1970, 84 Stat. 83; Pub. L. 92 
    540, title III, Sec. 314, Oct. 24, 1972, 86 Stat. 1084; Pub. L. 
94502, title V, Sec. 513(a)(3), Oct. 15, 1976, 90 Stat. 2402; 
 Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 
  103 Stat. 2092; renumbered Sec. 3677, Pub. L. 10283, Sec. 
 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title II, 
 Sec. 205(a), Nov. 11, 1998, 112 Stat. 3327; Pub. L. 108454, 
title I, Sec. 108, Dec. 10, 2004, 118 Stat. 3604; Pub. L. 110 
   389, title III, Sec. 325, Oct. 10, 2008, 122 Stat. 4169.) ' 3678. 
    Notice of approval of courses The State approving agency, upon 
 determining that an educational institution has complied with all the 
 requirements of this chapter, will issue a letter to such institution 
setting forth the courses which have been approved for the purposes of 
this chapter, and will furnish an official copy of such letter and any 
subsequent amendments to the Secretary. The letter of approval shall be 
accompanied by a copy of the catalog or bulletin of the institution, as 
approved by the State approving agency, and shall contain the following 
   information: (1) date of letter and effective date of approval of 
 courses; (2) proper address and name of each educational institution; 
   (3) authority for approval and conditions of approval, referring 
   specifically to the approved catalog or bulletin published by the 
 educational institution; (4) name of each course approved; (5) where 
 applicable, enrollment limitations such as maximum numbers authorized 
  and student-teacher ratio; (6) signature of responsible official of 
    State approving agency; and (7) such other fair and reasonable 
    provisions as are considered necessary by the appropriate State 
  approving agency. (Added Pub. L. 88126, Sec. 1, Sept. 23, 
     1963, 77 Stat. 162, Sec. 1777; renumbered Sec. 1778, Pub. L. 
  9077, title III, Sec. 304(d), Aug. 31, 1967, 81 Stat. 186; 
amended Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
  1989, 103 Stat. 2092; renumbered Sec. 3678, Pub. L. 10283, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3679. Disapproval of courses 
(a) Any course approved for the purposes of this chapter which fails to 
   meet any of the requirements of this chapter shall be immediately 
disapproved by the Secretary or the appropriate State approving agency. 
  An educational institution which has its courses disapproved by the 
    Secretary or a State approving agency will be notified of such 
 disapproval by a certified or registered letter of notification and a 
 return receipt secured. (b) Each State approving agency shall notify 
   the Secretary of each course which it has disapproved under this 
 section. The Secretary shall notify the State approving agency of the 
 Secretarys disapproval of any educational institution under 
chapter 31 of this title. (Added Pub. L. 88126, Sec. 1, Sept. 
   23, 1963, 77 Stat. 162, Sec. 1778; renumbered Sec. 1779, Pub. L. 
  9077, title III, Sec. 304(d), Aug. 31, 1967, 81 Stat. 186; 
amended Pub. L. 94502, title V, Sec. 513(a)(4), Oct. 15, 1976, 
 90 Stat. 2402; Pub. L. 101 237, title IV, Sec. 423(b)(1)(A), 
   (2), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3679, Pub. L. 
    10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 111377, titleII, Sec. 203(d), Jan. 4, 2011, 124 Stat. 4126.) 
     SUBCHAPTER IIMISCELLANEOUS PROVISIONS ' 3680. Payment of 
 educational assistance or subsistence allowances (a) PERIOD FOR WHICH 
     PAYMENT MAY BE MADE.Payment of educational assistance or 
    subsistence allowances to eligible veterans or eligible persons 
 pursuing a program of education or training, other than a program by 
correspondence, in an educational institution under chapter 31, 34, or 
  35 of this title shall be paid as provided in this section and, as 
 applicable, in section 3108, 3482, 3491, or 3532 of this title. Such 
payments shall be paid only for the period of such veterans or 
 persons enrollment in, and pursuit of, such program, but no 
   amount shall be paid (1) to any eligible veteran or eligible 
person for any period when such veteran or person is not pursuing such 
  veterans or persons course in accordance with the 
   regularly established policies and regulations of the educational 
    institution, with the provisions of such regulations as may be 
prescribed by the Secretary pursuant to subsection (g) of this section, 
  and with the requirements of this chapter or of chapter 34 or 35 of 
this title, but payment may be made for an actual period of pursuit of 
one or more unit subjects pursued for a period of time shorter than the 
 enrollment period at the educational institution; (2) to any eligible 
veteran or person for auditing a course; or (3) to any eligible veteran 
  or person for a course for which the grade assigned is not used in 
computing the requirements for graduation including a course from which 
 the student withdraws unless (A) the eligible veteran or person 
   withdraws because he or she is ordered to active duty; or (B) the 
Secretary finds there are mitigating circumstances, except that, in the 
 first instance of withdrawal (without regard to withdrawals described 
  in sub-clause (A) of this clause) by the eligible veteran or person 
 from a course or courses with respect to which the veteran or person 
  has been paid assistance under this title, mitigating circumstances 
shall be considered to exist with respect to courses totaling not more 
than six semester hours or the equivalent thereof. Notwithstanding the 
   foregoing, the Secretary may, subject to such regulations as the 
   Secretary shall prescribe, continue to pay allowances to eligible 
 veterans and eligible persons enrolled in courses set forth in clause 
  (1) of this subsection during periods when schools are temporarily 
 closed under an established policy based on an Executive order of the 
 President or due to an emergency situation. However, the total number 
 of weeks for which allowances may continue to be so payable in any 12-
   month period may not exceed 4 weeks. (b) CORRESPONDENCE TRAINING 
 CERTIFICATIONS.No educational assistance allowance shall be paid 
 to an eligible veteran or spouse or surviving spouse enrolled in and 
pursuing a program of education exclusively by correspondence until the 
  Secretary shall have received (1) from the eligible veteran or 
 spouse or surviving spouse a certificate as to the number of lessons 
  actually completed by the veteran or spouse or surviving spouse and 
  serviced by the educational institution; and (2) from the training 
        establishment a certification or an endorsement on the 
  veterans or spouses or surviving spouses 
 certificate, as to the number of lessons completed by the veteran or 
    spouse or surviving spouse and serviced by the institution. (c) 
 APPRENTICESHIP AND OTHER ON-JOB TRAINING.No training assistance 
   allowance shall be paid to an eligible veteran or eligible person 
 enrolled in and pursuing a program of apprenticeship or other on-job 
  training until the Secretary shall have received (1) from such 
   veteran or person a certification as to such veterans or 
persons actual attendance during such period; and (2) from the 
   training establishment a certification, or an endorsement on the 
veterans or persons certificate, that such veteran or 
  person was enrolled in and pursuing a program of apprenticeship or 
   other on-job training during such period. (d) ADVANCE PAYMENT OF 
 INITIAL EDUCATIONAL ASSISTANCE OR SUBSISTENCE ALLOWANCE.(1) The 
    educational assistance or subsistence allowance advance payment 
provided for in this subsection is based upon a finding by the Congress 
 that eligible veterans and eligible persons may need additional funds 
   at the beginning of a school term to meet the expenses of books, 
    travel, deposits, and payment for living quarters, the initial 
   installment of tuition, and the other special expenses which are 
  concentrated at the beginning of a school term. (2) Subject to the 
    provisions of this subsection, and under regulations which the 
Secretary shall prescribe, an eligible veteran or eligible person shall 
 be paid an educational assistance allowance or subsistence allowance, 
as appropriate, advance payment. Such advance payment shall be made in 
an amount equivalent to the allowance for the month or fraction thereof 
 in which pursuit of the program will commence, plus the allowance for 
 the succeeding month. In the case of a person on active duty, who is 
pursuing a program of education, the advance payment shall be in a lump 
sum based upon the amount payable for the entire quarter, semester, or 
term, as applicable. In no event shall an advance payment be made under 
this subsection to a veteran or person intending to pursue a program of 
education on less than a half-time basis. An advance payment may not be 
made under this subsection to any veteran or person unless the veteran 
   or person requests such payment and the Secretary finds that the 
educational institution at which such veteran or person is accepted or 
     enrolled has agreed to, and can satisfactorily, carry out the 
provisions of paragraphs (4)(B) and (C) and (5) of this subsection. The 
application for advance payment, to be made on a form prescribed by the 
  Secretary, shall (A) in the case of an initial enrollment of a 
 veteran or person in an educational institution, contain information 
  showing that the veteran or person (i) is eligible for educational 
  benefits, (ii) has been accepted by the institution, and (iii) has 
notified the institution of such veterans or persons 
   intention to attend that institution; and (B) in the case of a re-
enrollment of a veteran or person, contain information showing that the 
veteran or person (i) is eligible to continue such veterans or 
 persons program of education or training and (ii) intends to 
  re-enroll in the same institution, and, in either case, shall also 
   state the number of semester or clock-hours to be pursued by such 
    veteran or person. (3) For purposes of the Secretarys 
determination whether any veteran or person is eligible for an advance 
     payment under this section, the information submitted by the 
       institution, the veteran or person, shall establish such 
   veterans or persons eligibility unless there is 
  evidence in such veterans or persons file in the 
   processing office establishing that the veteran or person is not 
 eligible for such advance payment. (4) The advance payment authorized 
 by paragraph (2) of this subsection shall, in the case of an eligible 
  veteran or eligible person, be (A) drawn in favor of the veteran or 
    person; (B) mailed to the educational institution listed on the 
  application form for temporary care and delivery to the veteran or 
person by such institution; and (C) delivered to the veteran or person 
 upon such veterans or persons registration at such 
 institution, but in no event shall such delivery be made earlier than 
 thirty days before the program of education is to commence. (5) Upon 
   delivery of the advance payment pursuant to paragraph (4) of this 
      subsection, the institution shall submit to the Secretary a 
certification of such delivery. If such delivery is not effected within 
thirty days after commencement of the program of education in question, 
such institution shall return such payment to the Secretary forthwith. 
 (e) RECOVERY OF ERRONEOUS PAYMENTS.(1) Subject to paragraph (2), 
if an eligible veteran or eligible person fails to enroll in or pursue 
 a course for which an educational assistance or subsistence allowance 
 advance payment is made, the amount of such payment and any amount of 
 subsequent payments which, in whole or in part, are due to erroneous 
 information required to be furnished under subsection (d)(2) of this 
 section, shall become an overpayment and shall constitute a liability 
 of such veteran or person to the United States and may be recovered, 
unless waived pursuant to section 5302 of this title, from any benefit 
otherwise due such veteran or person under any law administered by the 
 Department of Veterans Affairs or may be recovered in the same manner 
 as any other debt due the United States. (2) Paragraph (1) shall not 
apply to the recovery of an overpayment of an educational allowance or 
    subsistence allowance advance payment to an eligible veteran or 
eligible person who fails to enroll in or pursue a course of education 
 for which the payment is made if such failure is due to the death of 
      the veteran or person. (f) PAYMENTS FOR LESS THAN HALF-TIME 
 TRAINING.Payment of educational assistance allowance in the case 
   of any eligible veteran or eligible person pursuing a program of 
  education on less than a half-time basis shall be made in an amount 
 computed for the entire quarter, semester, or term not later than the 
    last day of the month immediately following the month in which 
 certification is received from the educational institution that such 
  veteran or person has enrolled in and is pursuing a program at such 
   institution. Such lump sum payment shall be computed at the rate 
provided in section 3482(b) or 3532(a)(2) of this title, as applicable. 
 (g) DETERMINATION OF ENROLLMENT, PURSUIT, AND ATTENDANCE.(1) The 
   Secretary may, pursuant to regulations which the Secretary shall 
prescribe, determine and define with respect to an eligible veteran and 
eligible person the following: (A) Enrollment in a course or program of 
education or training. (B) Pursuit of a course or program of education 
  or training. (C) Attendance at a course or program of education or 
  training. (2) The Secretary may withhold payment of benefits to an 
 eligible veteran or eligible person until the Secretary receives such 
 proof as the Secretary may require of enrollment in and satisfactory 
 pursuit of a program of education by the eligible veteran or eligible 
     person. The Secretary shall adjust the payment withheld, when 
necessary, on the basis of the proof the Secretary receives. (3) In the 
 case of an individual other than an individual described in paragraph 
    (4), the Secretary may accept the individuals monthly 
certification of enrollment in and satisfactory pursuit of a program of 
education as sufficient proof of the certified matters. (4) In the case 
   of an individual who has received an accelerated payment of basic 
  educational assistance under section 3014A of this title during an 
enrollment period for a program of education, the Secretary may accept 
      the individuals certification of enrollment in and 
satisfactory pursuit of the program of education as sufficient proof of 
   the certified matters if the certification is submitted after the 
 enrollment period has ended. (Added Pub. L. 92540, title II, 
  Sec. 201, Oct. 24, 1972, 86 Stat. 1076, Sec. 1780; amended Pub. L. 
 93208, Dec. 28, 1973, 87 Stat. 907; Pub. L. 93508, 
       title II, Sec. 209, Dec. 3, 1974, 88 Stat. 1584; Pub. L. 
 94502, title V, Sec. 505, 506, 513(a)(5) (12), Oct. 
15, 1976, 90 Stat. 2400, 2402, 2403; Pub. L. 96466, title III, 
 Sec. 341, 342, title VI, Sec. 601(c), (d), 602(c), Oct. 17, 1980, 94 
Stat. 2198, 2208, 2209; Pub. L. 9735, title XX, Sec. 2003(c), 
 Aug. 13, 1981, 95 Stat. 782; Pub. L. 97295, Sec. 4(52), Oct. 
12, 1982, 96 Stat. 1308; Pub. L. 97306, title II, Sec. 205(c), 
 Oct. 14, 1982, 96 Stat. 1434; Pub. L. 99576, title III, Sec. 
315(a)(1), 316, title VII, Sec. 701(59), Oct. 28, 1986, 100 Stat. 3274, 
3296; Pub. L. 100689, title I, Sec. 121(a), Nov. 18, 1988, 102 
  Stat. 4173; Pub. L. 101237, title IV, Sec. 412(a), 415(a), 
  423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; Pub. L. 
 10240, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; 
  renumbered Sec. 3680 and amended Pub. L. 10283, Sec. 5(a), 
  (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102127, Sec. 
6(a), Oct. 10, 1991, 105 Stat. 622; Pub. L. 102568, title III, 
Sec. 314, Oct. 29, 1992, 106 Stat. 4333; Pub. L. 103446, title 
 VI, Sec. 605(a)(2)(B), title XII, Sec. 1201(i)(6), Nov. 2, 1994, 108 
 Stat. 4672, 4688; Pub. L. 106419, title I, Sec. 121(a), Nov. 
1, 2000, 114 Stat. 1833; Pub. L. 107103, title I, Sec. 104(b), 
 Dec. 27, 2001, 115 Stat. 981; Pub. L. 109233, title V, Sec. 
  503(8)(A), June 15, 2006, 120 Stat. 416; Pub. L. 111 377, 
    title II, Sec. 206(a), Jan. 4, 2011, 124 Stat. 4126.) ' 3680A. 
 Disapproval of enrollment in certain courses (a) The Secretary shall 
   not approve the enrollment of an eligible veteran in (1) any 
 bartending course or personality development course; (2) any sales or 
  sales management course which does not provide specialized training 
 within a specific vocational field; (3) any type of course which the 
Secretary finds to be avocational or recreational in character (or the 
    advertising for which the Secretary finds contains significant 
    avocational or recreational themes) unless the veteran submits 
 justification showing that the course will be of bona fide use in the 
 pursuit of the veterans present or contemplated business or 
 occupation; or (4) any independent study program except an accredited 
 independent study program (including open circuit television) leading 
(A) to a standard college degree, or (B) to a certificate that reflects 
 educational attainment offered by an institution of higher learning. 
(b) Except to the extent otherwise specifically provided in this title 
    or chapter 106 of title 10, the Secretary shall not approve the 
  enrollment of an eligible veteran in any course of flight training 
 other than one given by an educational institution of higher learning 
  for credit toward a standard college degree the eligible veteran is 
   seeking. (c) The Secretary shall not approve the enrollment of an 
eligible veteran in any course to be pursued by radio. (d)(1) Except as 
 provided in paragraph (2) of this subsection, the Secretary shall not 
 approve the enrollment of any eligible veteran, not already enrolled, 
in any course for any period during which the Secretary finds that more 
 than 85 percent of the students enrolled in the course are having all 
or part of their tuition, fees, or other charges paid to or for them by 
 the educational institution or by the Department of Veterans Affairs 
 under this title or under chapter 106 of title 10. The Secretary may 
waive the requirements of this subsection, in whole or in part, if the 
Secretary determines, pursuant to regulations which the Secretary shall 
  prescribe, it to be in the interest of the eligible veteran and the 
 Federal Government. The provisions of this subsection shall not apply 
to any course offered by an educational institution if the total number 
  of veterans and persons receiving assistance under this chapter or 
 chapter 30, 31, 32, or 35 of this title or under chapter 106 of title 
 10 who are enrolled in such institution equals 35 percent or less, or 
 such other percent as the Secretary prescribes in regulations, of the 
 total student enrollment at such institution (computed separately for 
   the main campus and any branch or extension of such institution), 
 except that the Secretary may apply the provisions of this subsection 
with respect to any course in which the Secretary has reason to believe 
that the enrollment of such veterans and persons may be in excess of 85 
 percent of the total student enrollment in such course. (2) Paragraph 
(1) of this subsection does not apply with respect to the enrollment of 
   a veteran (A) in a course offered pursuant to section 3019, 
     3034(a)(3), 3234, or 3241(a)(2) of this title; (B) in a farm 
cooperative training course; or (C) in a course described in subsection 
 (g). (e) The Secretary may not approve the enrollment of an eligible 
veteran in a course not leading to a standard college degree offered by 
 a proprietary profit or proprietary nonprofit educational institution 
  if (1) the educational institution has been operating for less 
     than two years; (2) the course is offered at a branch of the 
educational institution and the branch has been operating for less than 
two years; or (3) following either a change in ownership or a complete 
move outside its original general locality, the educational institution 
   does not retain substantially the same faculty, student body, and 
   courses as before the change in ownership or the move outside the 
  general locality (as determined in accordance with regulations the 
Secretary shall prescribe) unless the educational institution following 
 such change or move has been in operation for at least two years. (f) 
The Secretary may not approve the enrollment of an eligible veteran in 
a course as a part of a program of education offered by an educational 
    institution if the course is provided under contract by another 
 educational institution or entity and (1) the Secretary would be 
    barred under subsection (e) from approving the enrollment of an 
eligible veteran in the course of the educational institution or entity 
providing the course under contract; or (2) the educational institution 
or entity providing the course under contract has not obtained approval 
for the course under this chapter. (g) Notwithstanding subsections (e) 
  and (f)(1), the Secretary may approve the enrollment of an eligible 
   veteran in a course approved under this chapter if the course is 
     offered by an educational institution under contract with the 
  Department of Defense or the Department of Homeland Security and is 
   given on or immediately adjacent to a military base, Coast Guard 
station, National Guard facility, or facility of the Selected Reserve. 
  (Added Pub. L. 102568, title III, Sec. 313(a)(2), Oct. 29, 
     1992, 106 Stat. 4331; Pub. L. 104275, title I, Secs. 
  103(a)(2), (b), 104(c), Oct. 9, 1996, 110 Stat. 3326, 3327; Pub. L. 
 105114, title IV, Sec. 401(d), (e), Nov. 21, 1997, 111 Stat. 
2293; Pub. L. 105368, title X, Sec. 1005(b)(9), Nov. 11, 1998, 
112 Stat. 3365; Pub. L. 107103, title I, Sec. 111(a), Dec. 27, 
2001, 115 Stat. 986; Pub. L. 107296, title XVII, Sec. 1704(d), 
  Nov. 25, 2002, 116 Stat. 2315.) ' 3681. Limitations on educational 
   assistance (a) No educational assistance allowance granted under 
 chapter 30, 34, 35, or 36 of this title or 106 or 107 of title 10, or 
 subsistence allowance granted under chapter 31 of this title shall be 
paid to any eligible person (1) who is on active duty and is pursuing a 
course of education which is being paid for by the Armed Forces (or by 
 the Department of Health and Human Services in the case of the Public 
   Health Service; or (2) who is attending a course of education or 
   training paid for under chapter 41 of title 5. (b) No person may 
 receive benefits concurrently under two or more of the provisions of 
   law listed below: (1) Chapters 30, 31, 32, 34, 35, and 36 of this 
   title. (2) Chapters 106 and 107 and section 510 of title 10. (3) 
   Section 903 of the Department of Defense Authorization Act, 1981 
   (Public Law 96342, 10 U.S.C. 2141 note). (4) The Hostage 
Relief Act of 1980 (Public Law 96449, 5 U.S.C. 5561 note). (5) 
 The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public 
Law 99399). (Added Pub. L. 89358, Sec. 3(b), Mar. 3, 
1966, 80 Stat. 21, Sec. 1781; amended Pub. L. 91219, title II, 
Sec. 213(1), Mar. 26, 1970, 84 Stat. 83; Pub. L. 92540, title 
IV, Sec. 403(8), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94502, 
    title V, Sec. 513(a)(13), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 
 96466, title I, Sec. 102, title VIII, Sec. 801(e), Oct. 17, 
1980, 94 Stat. 2187, 2216; Pub. L. 97295, Sec. 4(53), Oct. 12, 
1982, 96 Stat. 1309; Pub. L. 98223, title II, Sec. 203(c)(1), 
  Mar. 2, 1984, 98 Stat. 41; Pub. L. 98 525, title VII, Sec. 
  703(c), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 99576, title 
  III, Sec. 317, 321(9), Oct. 28, 1986, 100 Stat. 3275, 3278; Pub. L. 
101237, title IV, Sec. 423(a)(8)(A), Dec. 18, 1989, 103 Stat. 
2092; renumbered Sec. 3681, Pub. L. 10283, Sec. 5(a), Aug. 6, 
1991, 105 Stat. 406; Pub. L. 102568, title III, Sec. 315, Oct. 
   29, 1992, 106 Stat. 4333; Pub. L. 111377, title II, Sec. 
 202(b), Jan. 4, 2011, 124 Stat. 4124.) ' 3682. Control by agencies of 
the United States Except as provided in section 3674A of this title, no 
 department, agency, or officer of the United States, in carrying out 
 this chapter, shall exercise any supervision or control, whatsoever, 
 over any State approving agency, or State educational agency, or any 
  educational institution. Nothing in this section shall be deemed to 
 prevent any department, agency, or officer of the United States from 
exercising any supervision or control which such department, agency, or 
 officer is authorized by law to exercise over any Federal educational 
   institution or to prevent the furnishing of education under this 
chapter or chapter 34 or 35 of this title in any institution over which 
 supervision or control is exercised by such other department, agency, 
or officer under authority of law. (Added Pub. L. 89358, Sec. 
      3(b), Mar. 3, 1966, 80 Stat. 21, Sec. 1782; amended Pub. L. 
 92540, title IV, Sec. 403(9), Oct. 24, 1972, 86 Stat. 1090; 
 Pub. L. 100323, Sec. 13(b)(6), May 20, 1988, 102 Stat. 574; 
  renumbered Sec. 3682 and amended Pub. L. 10283, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3683. Conflicting interests (a) 
  Every officer or employee of the Department of Veterans Affairs who 
   has, while such an officer or employee, owned any interest in, or 
received any wages, salary, dividends, profits, gratuities, or services 
   from, any educational institution operated for profit in which an 
   eligible person or veteran was pursuing a program of education or 
 course under this chapter or chapter 34 or 35 of this title shall be 
immediately dismissed from such officers or employees 
office or employment. (b) If the Secretary finds that any person who is 
  an officer or employee of a State approving agency has, while such 
   person was such an officer or employee, owned any interest in, or 
received any wages, salary, dividends, profits, gratuities, or services 
   from, an educational institution operated for profit in which an 
   eligible person or veteran was pursuing a program of education or 
   course under this chapter or chapter 34 or 35 of this title, the 
Secretary shall discontinue making payments under section 3674 of this 
title to such State approving agency unless such agency shall, without 
delay, take such steps as may be necessary to terminate the employment 
of such person and such payments shall not be resumed while such person 
   is an officer or employee of the State approving agency, or State 
    department of veterans affairs or State department of 
 education. (c) A State approving agency shall not approve any course 
offered by an educational institution operated for profit, and, if any 
such course has been approved, shall disapprove each such course, if it 
   finds that any officer or employee of the Department of Veterans 
Affairs or the State approving agency owns an interest in, or receives 
 any wages, salary, dividends, profits, gratuities, or services from, 
 such institution. (d) The Secretary may, after reasonable notice and 
 public hearings, waive in writing the application of this section in 
   the case of any officer or employee of the Department of Veterans 
Affairs or of a State approving agency, if the Secretary finds that no 
 detriment will result to the United States or to eligible persons or 
 veterans by reasons of such interest or connection of such officer or 
 employee. (Added Pub. L. 89358, Sec. 3(b), Mar. 3, 1966, 80 
  Stat. 22, Sec. 1783; amended Pub. L. 92540, title IV, Sec. 
403(10), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94502, title V, 
  Sec. 513(a)(14)(16), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 
   97295, Sec. 4(54), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 
  101237, title IV, Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 
  2092; renumbered Sec. 3683 and amended Pub. L. 10283, Sec. 
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3684. Reports by 
  veterans, eligible persons, and institutions; reporting fee (a)(1) 
Except as provided in paragraph (2) of this subsection, the veteran or 
 eligible person and the educational institution offering a course in 
which such veteran or eligible person is enrolled under chapter 31, 34, 
35, or 36 of this title shall, without delay, report to the Secretary, 
   in the form prescribed by the Secretary, such enrollment and any 
 interruption or termination of the education of each such veteran or 
 eligible person. The date of such interruption or termination will be 
 the last date of pursuit, or, in the case of correspondence training, 
the last date a lesson was serviced by a school. (2)(A) In the case of 
 a program of independent study pursued on less than a half-time basis 
in an educational institution, the Secretary may approve a delay by the 
educational institution in reporting the enrollment or reenrollment of 
   an eligible veteran or eligible person until the end of the term, 
quarter, or semester if the educational institution requests the delay 
     and the Secretary determines that it is not feasible for the 
 educational institution to monitor interruption or termination of the 
veterans or eligible persons pursuit of such program. 
 (B) An educational institution which, pursuant to subparagraph (A) of 
    this paragraph, is delaying the reporting of the enrollment or 
reenrollment of a veteran shall provide the veteran with notice of the 
delay at the time that the veteran enrolls or reenrolls. (3)(A) Subject 
   to subparagraph (B) of this paragraph, an educational institution 
offering courses on a term, quarter, or semester basis may certify the 
 enrollment of a veteran who is not on active duty, or of an eligible 
person, in such courses for more than one term, quarter, or semester at 
a time, but not for a period extending beyond the end of a school year 
(including the summer enrollment period). (B) Subparagraph (A) of this 
    paragraph shall not apply with respect to any term, quarter, or 
semester for which the veteran or eligible person is enrolled on a less 
  than half-time basis and shall not be construed as restricting the 
Secretary from requiring that an educational institution, in reporting 
an enrollment for more than one term, quarter, or semester, specify the 
 dates of any intervals within or between any such terms, quarters, or 
 semesters. (b) The Secretary, prior to making payment of a reporting 
fee to an educational institution, as provided for in subsection (c) of 
  this section, shall require such institution to certify that it has 
exercised reasonable diligence in determining whether such institution 
 or any course offered by such institution approved for the enrollment 
      of veterans or eligible persons meets all of the applicable 
 requirements of chapters 31, 34, 35, and 36 of this title and that it 
will, without delay, report any failure to meet any such requirement to 
      the Secretary. (c) The Secretary may pay to any educational 
    institution, or to the sponsor of a program of apprenticeship, 
 furnishing education or training under either this chapter or chapter 
 31, 34, or 35 of this title, a reporting fee which will be in lieu of 
 any other compensation or reimbursement for reports or certifications 
  which such educational institution or joint apprenticeship training 
committee is required to submit to the Secretary by law or regulation. 
    Such reporting fee shall be computed for each calendar year by 
multiplying $12 by the number of eligible veterans or eligible persons 
enrolled under this chapter or chapter 31, 34, or 35 of this title, or 
 $15 in the case of those eligible veterans and eligible persons whose 
educational assistance checks are directed in care of each institution 
  for temporary custody and delivery and are delivered at the time of 
registration as provided under section 3680(d)(4) of this title, during 
the calendar year. The reporting fee shall be paid to such educational 
   institution or joint apprenticeship training committee as soon as 
feasible after the end of the calendar year for which it is applicable. 
   No reporting fee payable to an educational institution under this 
  subsection shall be subject to offset by the Secretary against any 
   liability of such institution for any overpayment for which such 
   institution may be administratively determined to be liable under 
 section 3685 of this title unless such liability is not contested by 
  such institution or has been upheld by a final decree of a court of 
    appropriate jurisdiction. Any reporting fee paid an educational 
 institution or joint apprenticeship training committee after the date 
   of the enactment of the Post-9/11 Veterans Educational Assistance 
   Improvements Act of 2011 shall be utilized by such institution or 
 committee solely for the making of certifications required under this 
    chapter or chapter 31, 34, or 35 of this title or for otherwise 
supporting programs for veterans. The reporting fee payable under this 
  subsection shall be paid from amounts appropriated for readjustment 
 benefits. (Added Pub. L. 89358, Sec. 3(b), Mar. 3, 1966, 80 
  Stat. 22, Sec. 1784; amended Pub. L. 9077, title III, Sec. 
308(a), Aug. 31, 1967, 81 Stat. 189; Pub. L. 92540, title III, 
 Sec. 315, Oct. 24, 1972, 86 Stat. 1084; Pub. L. 93508, title 
 II, Sec. 210(2), Dec. 3, 1974, 88 Stat. 1585; Pub. L. 94502, 
title V, Sec. 507, 508, 513(a)(17), Oct. 15, 1976, 90 Stat. 2400, 2403; 
  Pub. L. 95202, title III, Sec. 304(a)(1), Nov. 23, 1977,91 
  Stat. 1442; Pub. L. 96466, title III, Sec. 343(a), (b)(1), 
  title VI, Sec. 601(e), Oct. 17, 1980, 94 Stat. 2198, 2208; Pub. L. 
   97295, Sec. 4(55), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 
  99576, title III, Sec. 318, 319, Oct. 28, 1986, 100 Stat. 
  3275; Pub. L. 101237, title IV, Sec. 416(a), 423(b)(1)(A), 
 Dec. 18, 1989, 103 Stat. 2086, 2092; renumbered Sec. 3684 and amended 
Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
Pub. L. 105368, title II, Sec. 201(a), (b), Nov. 11, 1998, 112 
 Stat.3326; Pub. L. 106419, title IV, Sec. 404(a)(7), Nov. 1, 
 2000, 114 Stat. 1865; Pub. L. 108454, title I, Sec. 110(d), 
 Dec. 10, 2004, 118 Stat. 3605; Pub. L. 111275, title X, Sec. 
1001(i), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111377, title 
     II, Sec. 204(a), (b), Jan. 4, 2011, 124 Stat. 4126.) ' 3684A. 
Procedures relating to computer matching program (a)(1) Notwithstanding 
    section 552a(p) of title 5 and subject to paragraph (2) of this 
  subsection, the Secretary may suspend, terminate, reduce, or make a 
     final denial of any financial assistance or payment under an 
educational assistance program provided for in chapter 30 or 32 of this 
 title or in chapter 106 of title 10 in the case of any individual, or 
take other adverse action against such individual, based on information 
produced by a matching program with the Department of Defense. (2) The 
Secretary may not take any action referred to in paragraph (1) of this 
subsection until (A) the individual concerned has been provided a 
written notice containing a statement of the findings of the Secretary 
 based on the matching program, a description of the proposed action, 
 and notice of the individuals right to contest such findings 
within 10 days after the date of the notice; and (B) the 10-day period 
 referred to in subparagraph (A) of this paragraph has expired. (3) In 
   computing the 10-day period referred to in paragraph (2) of this 
subsection, Saturdays, Sundays, and Federal holidays shall be excluded. 
  (b) For the purposes of subsection (q) of section 552a of title 5, 
compliance with the provisions of subsection (a) of this section shall 
be considered compliance with the provisions of subsection (p) of such 
       section 552a. (c) For purposes of this section, the term 
  matching program has the same meaning 
       provided in section 552a(a)(8) of title 5. (Added Pub. L. 
 101366, title II, Sec. 206(a), Aug. 15, 1990, 104 Stat. 441, 
 Sec. 1784A; renumbered Sec. 3684A, Pub. L. 10283, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406.) ' 3685. Overpayments to eligible persons 
 or veterans (a) Whenever the Secretary finds that an overpayment has 
     been made to a veteran or eligible person, the amount of such 
 overpayment shall constitute a liability of such veteran or eligible 
 person to the United States. (b) Whenever the Secretary finds that an 
overpayment has been made to a veteran or eligible person as the result 
 of (1) the willful or negligent failure of an educational institution 
 to report, as required under this chapter or chapter 34 or 35 of this 
title, to the Department of Veterans Affairs excessive absences from a 
course, or discontinuance or interruption of a course by the veteran or 
eligible person, or (2) the willful or negligent false certification by 
   an educational institution, the amount of such overpayment shall 
  constitute a liability of the educational institution to the United 
  States. (c) Any overpayment referred to in subsection (a) or (b) of 
this section may be recovered, except as otherwise provided in the last 
 sentence of section 3684(c) of this title, in the same manner as any 
 other debt due the United States. (d) Any overpayment referred to in 
subsection (a) or (b) of this section may be waived as to a veteran or 
 eligible person as provided in section 5302 of this title. Waiver of 
any such overpayment as to a veteran or eligible person shall in no way 
release any educational institution from liability under subsection (b) 
of this section. (e)(1) Any amount collected from a veteran or eligible 
person pursuant to this section shall be reimbursed to the educational 
institution which is liable pursuant to subsection (b) of this section 
      to the extent that collection was made from the educational 
institution. (2) Nothing in this section or any other provision of this 
title shall be construed as (A) precluding the imposition of any civil 
    or criminal liability under this title or any other law, or (B) 
    requiring any institution of higher learning to maintain daily 
attendance records for any course leading to a standard college degree. 
 (Added Pub. L. 89358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 22, 
Sec. 1785; amended Pub. L. 92540, title IV, Sec. 403(11), Oct. 
   24, 1972, 86 Stat. 1090; Pub. L. 95202, title III, Sec. 
304(a)(2), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96466, title 
 III, Sec. 344, Oct. 17, 1980, 94 Stat. 2199; Pub. L. 101237, 
   title IV, Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 
 10240, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; 
  renumbered Sec. 3685 and amended Pub. L. 10283, Sec. 5(a), 
 (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3686. Correspondence courses 
(a)(1) Each eligible veteran (as defined in section 3452(a)(1) and (2) 
of this title) and each eligible spouse or surviving spouse (as defined 
 in section 3501(a)(1)(B), (C), (D), or (E) of this title) who enters 
     into an enrollment agreement to pursue a program of education 
 exclusively by correspondence shall be paid an educational assistance 
allowance computed at the rate of 55 percent of the established charge 
  which the institution requires nonveterans to pay for the course or 
courses pursued by the eligible veteran or spouse or surviving spouse. 
   The term established charge as used 
  herein means the charge for the course or courses determined on the 
     basis of the lowest extended time payment plan offered by the 
 institution and approved by the appropriate State approving agency or 
the actual cost to the veteran or spouse or surviving spouse, whichever 
  is the lesser. Such allowance shall be paid quarterly on a pro rata 
 basis for the lessons completed by the veteran or spouse or surviving 
 spouse and serviced by the institution. (2) The period of entitlement 
   of any veteran or spouse or surviving spouse who is pursuing any 
  program of education exclusively by correspondence shall be charged 
with one month for each $376 which is paid to the veteran or spouse or 
   surviving spouse as an educational assistance allowance for such 
 course. (3) Notwithstanding any other provision of law unless enacted 
  in express limitation of this paragraph, funds in the Department of 
 Veterans Affairs readjustment benefits account shall be available for 
   payments under paragraph (1) of this subsection for pursuit of a 
program of education exclusively by correspondence in which the veteran 
or spouse or surviving spouse enrolls after September 30, 1981. (b) The 
 enrollment agreement shall fully disclose the obligation of both the 
  institution and the veteran or spouse or surviving spouse and shall 
    prominently display the provisions for affirmance, termination, 
  refunds, and the conditions under which payment of the allowance is 
 made by the Secretary to the veteran or spouse or surviving spouse. A 
   copy of the enrollment agreement shall be furnished to each such 
   veteran or spouse or surviving spouse at the time such veteran or 
  spouse or surviving spouse signs such agreement. No such agreement 
 shall be effective unless such veteran or spouse or surviving spouse 
shall, after the expiration of five days after the enrollment agreement 
    is signed, have signed and submitted to the Secretary a written 
    statement, with a signed copy to the institution, specifically 
affirming the enrollment agreement. In the event the veteran or spouse 
   or surviving spouse at any time notifies the institution of such 
   veterans or spouses intention not to affirm the 
 agreement in accordance with the preceding sentence, the institution, 
without imposing any penalty or charging any fee shall promptly make a 
 full refund of all amounts paid. (c) In the event a veteran or spouse 
   or surviving spouse elects to terminate such veterans or 
spouses enrollment under an affirmed enrollment agreement, the 
  institution may charge the veteran or spouse or surviving spouse a 
registration or similar fee not in excess of 10 percent of the tuition 
for the course, or $50, whichever is less. Where the veteran or spouse 
or surviving spouse elects to terminate the agreement after completion 
of one or more but less than 25 percent of the total number of lessons 
comprising the course, the institution may retain such registration or 
 similar fee plus 25 percent of the tuition for the course. Where the 
veteran or spouse or surviving spouse elects to terminate the agreement 
after completion of 25 percent but less than 50 percent of the lessons 
comprising the course, the institution may retain the full registration 
or similar fee plus 50 percent of the course tuition. If 50 percent or 
 more of the lessons are completed, no refund of tuition is required. 
 (Added Pub. L. 92540, title III, Sec. 316(1), Oct. 24, 1972, 
86 Stat. 1084, Sec. 1786; amended Pub. L. 93508, title I, Sec. 
104(1), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93602, title II, 
Sec. 205(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94502, title 
V, Sec. 501(1), 513(a)(18), Oct. 15, 1976, 90 Stat. 2398, 2403; Pub. L. 
  95202, title I, Sec. 104(1), Nov. 23, 1977, 91 Stat. 1435; 
 Pub. L. 96466, title II, Sec. 203(2), 213(2), title VI, Sec. 
 604, Oct. 17, 1980, 94 Stat. 2189, 2191, 2209; Pub. L. 9735, 
     title XX, Sec. 2004(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 
     97174, Sec. 5(a), May 4, 1982, 96 Stat. 75; Pub. L. 
   97295, Sec. 4(56), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 
 98 543, title II, Sec. 204(1), Oct. 24, 1984, 98 Stat. 2742; 
 Pub. L. 101237, title IV, Sec. 423(b)(1), Dec. 18, 1989, 103 
 Stat. 2092; renumbered Sec. 3686 and amended Pub. L. 10283, 
        Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 103446, title VI, Sec. 605(a)(2)(C), Nov. 2, 1994, 108 Stat. 
 4672; Pub. L. 109444, Sec. 3(c)(1), Dec. 21, 2006, 120 Stat. 
3307; Pub. L. 109461, title III, Sec. 301(c)(1), title X, Sec. 
1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468; Pub. L. 110389, 
     title III, Sec. 323, Oct. 10, 2008, 122 Stat. 4168.) ' 3687. 
  Apprenticeship or other on-job training (a) An eligible veteran (as 
defined in section 3452(a)(1) of this title) or an eligible person (as 
  defined in section 3501(a) of this title) shall be paid a training 
 assistance allowance as prescribed by subsection (b) of this section 
while pursuing a full-time (1) program of apprenticeship approved 
by a State approving agency as meeting the standards of apprenticeship 
published by the Secretary of Labor pursuant to section 2 of the Act of 
     August 16, 1937 (popularly known as the National 
 Apprenticeship Act) (29 U.S.C. 50a), or (2) program 
 of other on-job training approved under provisions of section 3677 of 
 this title, subject to the conditions and limitations of chapters 34 
and 35 of this title with respect to educational assistance. (b)(1) The 
monthly training assistance allowance of an eligible veteran pursuing a 
 program described under subsection (a) shall be as follows: Column I 
 Periods of training Column II No dependents Column III One dependent 
  Column IV Two dependents Column V More than two dependents First 6 
months Second 6 months Third 6 months Fourth and any succeeding 6-month 
periods $274 205 136 68 $307 239 171 101 $336 267 198 131 The amount in 
column IV, plus the following for each dependent in excess of two: $14 
 14 14 14 (2) The monthly training assistance allowance of an eligible 
person pursuing a program described under subsection (a) shall be $574 
for the first six months, $429 for the second six months, $285 for the 
third six months, and $144 for the fourth and any succeeding six-month 
 period of training. (3) In any month in which an eligible veteran or 
 person pursuing a program of apprenticeship or a program of other on-
job training fails to complete one hundred and twenty hours of training 
 in such month, the monthly training assistance allowance set forth in 
   subsection (b)(1) or (2) of this section, as applicable, shall be 
  reduced proportionately in the proportion that the number of hours 
worked bears to one hundred and twenty hours rounded off to the nearest 
      eight hours. (c) For the purpose of this chapter, the terms 
      program of apprenticeship and 
 program of other on-job training shall 
            have the same meaning as program of 
    education; and the term training 
 assistance allowance shall have the same meaning as 
 educational assistance allowance as set 
  forth in chapters 34 and 35 of this title. (d) With respect to any 
fiscal year, the Secretary shall provide a percentage increase (rounded 
  to the nearest dollar) in the rates payable under subsection (b)(2) 
equal to the percentage by which (1) the Consumer Price Index (all 
 items, United States city average) for the 12-month period ending on 
 the June 30 preceding the beginning of the fiscal year for which the 
  increase is made, exceeds (2) such Consumer Price Index for the 12-
month period preceding the 12-month period described in paragraph (1). 
(e)(1) For each month that an individual (as defined in paragraph (3)) 
   is paid a training assistance allowance under subsection (a), the 
  entitlement of the individual shall be charged at a percentage rate 
(rounded to the nearest percent) that is equal to the ratio of (A) 
 the training assistance allowance for the month involved, to (B) the 
  monthly educational assistance allowance otherwise payable for full-
 time enrollment in an educational institution.. (2) For any month in 
   which an individual fails to complete 120 hours of training, the 
 entitlement otherwise chargeable under paragraph (1) shall be reduced 
  in the same proportion as the monthly training assistance allowance 
 payable is reduced under subsection (b)(3). (3) In this section, the 
    term individual means (A) an 
  eligible veteran who is entitled to monthly educational assistance 
   allowances payable under section 3015(e) of this title, or (B) an 
   eligible person who is entitled to monthly educational assistance 
allowances payable under section 3532(a) of this title, as the case may 
  be. (Added Pub. L. 92540, title III, Sec. 316(1), Oct. 24, 
 1972, 86 Stat. 1085, Sec. 1787; amended Pub. L. 93508, title 
       I, Sec. 104(2), (3), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 
  93602, title II, Sec. 205(b), Jan. 2, 1975, 88 Stat. 1959; 
 Pub. L. 94502, title V, Sec. 501(2), Oct. 15, 1976, 90 Stat. 
 2398; Pub. L. 95202, title I, Sec. 104(2), Nov. 23, 1977, 91 
Stat. 1435; Pub. L. 96466, title II, Sec. 203(3), 213(3), Oct. 
17, 1980, 94 Stat. 2189, 2191; Pub. L. 97295, Sec. 4(57), Oct. 
12, 1982, 96 Stat. 1309; Pub. L. 98543, title II, Sec. 204(2), 
 Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101237, title IV, Sec. 
403(b), Dec. 18, 1989, 103 Stat. 2080; renumbered Sec. 3687 and amended 
Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
  Pub. L. 105178, title VIII, Sec. 8210(d), as added Pub. L. 
105206, title IX, Sec. 9014(b), July 22, 1998, 112 Stat. 866; 
 Pub. L. 106419, title I, Sec. 111(d), (f)(2), Nov. 1, 2000, 
 114 Stat. 1830, 1831; Pub. L. 107103, title I, Sec. 102(d), 
Dec. 27, 2001, 115 Stat. 978; Pub. L. 108183, title III, Sec. 
 302(d), Dec. 16, 2003, 117 Stat. 2659; Pub. L. 108454, title 
I, Sec. 102(a), Dec. 10, 2004, 118 Stat. 3600.) ' 3688. Measurement of 
courses (a) For the purposes of this chapter and chapters 34 and 35 of 
this title (1) an institutional trade or technical course offered 
   on a clock-hour basis, not leading to a standard college degree, 
     involving shop practice as an integral part thereof, shall be 
 considered a full-time course when a minimum of 22 hours per week of 
attendance (excluding supervised study) is required, with no more than 
  2 1/2 hours of rest periods per week allowed; (2) an institutional 
course offered on a clock-hour basis, not leading to a standard college 
  degree, in which theoretical or classroom instruction predominates 
 shall be considered a full-time course when a minimum of 18 hours per 
   week net of instruction (excluding supervised study but which may 
 include customary intervals not to exceed 10 minutes between hours of 
instruction) is required; (3) an academic high school course requiring 
sixteen units for a full course shall be considered a full-time course 
    when (A) a minimum of four units per year is required or (B) an 
individual is pursuing a program of education leading to an accredited 
  high school diploma at a rate which, if continued, would result in 
   receipt of such a diploma in four ordinary school years. For the 
 purpose of subclause (A) of this clause, a unit is defined to be not 
less than one hundred and twenty sixty-minute hours or their equivalent 
  of study in any subject in one academic year; (4) an institutional 
 undergraduate course offered by a college or university on a standard 
quarter-or semester-hour basis, other than a course pursued as part of 
    a program of education beyond the baccalaureate level, shall be 
considered a full-time course when a minimum of fourteen semester hours 
per semester or the equivalent thereof (including such hours for which 
 no credit is granted but which are required to be taken to correct an 
educational deficiency and which the educational institution considers 
to be quarter or semester hours for other administrative purposes), for 
which credit is granted toward a standard college degree, is required, 
   except that where such college or university certifies, upon the 
request of the Secretary, that (A) full-time tuition is charged to all 
 undergraduate students carrying a minimum of less than fourteen such 
  semester hours or the equivalent thereof, or (B) all undergraduate 
 students carrying a minimum of less than fourteen such semester hours 
 or the equivalent thereof, are considered to be pursuing a full-time 
 course for other administrative purposes, then such an institutional 
 undergraduate course offered by such college or university with such 
 minimum number of such semester hours shall be considered a full-time 
course, but in the event such minimum number of semester hours is less 
   than twelve semester hours or the equivalent thereof, then twelve 
  semester hours or the equivalent thereof shall be considered a full-
 time course; (5) a program of apprenticeship or a program of other on-
job training shall be considered a full-time program when the eligible 
veteran or person is required to work the number of hours constituting 
the standard workweek of the training establishment, but a workweek of 
less than thirty hours shall not be considered to constitute full-time 
 training unless a lesser number of hours has been established as the 
 standard workweek for the particular establishment through bona fide 
collective bargaining; (6) an institutional course offered as part of a 
 program of education, not leading to a standard college degree, under 
   section 3034(a)(3), 3241(a)(2), or 3533(a) of this title shall be 
  considered a full-time course on the basis of measurement criteria 
provided in clause (2), (3), or (4) of this subsection as determined by 
   the educational institution; and (7) an institutional course not 
    leading to a standard college degree offered by an educational 
   institution on a standard quarter-or semester-hour basis shall be 
measured as full time on the same basis as provided in paragraph (4) of 
this subsection, but if the educational institution offering the course 
 is not an institution of higher learning, then in no event shall such 
 course be considered full time when it requires less than the minimum 
 weekly hours of attendance required for full time by paragraph (1) or 
(2) of this subsection, as appropriate. (b) The Secretary shall define 
 part-time training in the case of the types of courses referred to in 
 subsection (a), and shall define full-time and part-time training in 
  the case of all other types of courses pursued under this chapter, 
 chapter 30, 32, 33, or 35 of this title, or chapter 106 of title 10. 
 (Added Pub. L. 92540, title III, Sec. 316(2), Oct. 24, 1972, 
  86 Stat. 1086, Sec. 1788; amended Pub. L. 93508, title II, 
 Sec. 211, Dec. 3, 1974, 88 Stat. 1585; Pub. L. 94 502, title 
 V, Sec. 509(a), Oct. 15, 1976, 90 Stat. 2400; Pub. L. 95202, 
   title III, Sec. 304(a)(3), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 
 96466, title III, Sec. 345, title VI, Sec. 601(f), Oct. 17, 
1980, 94 Stat. 2199, 2208; Pub. L. 97295, Sec. 4(58), Oct. 12, 
1982, 96 Stat. 1309; Pub. L. 99576, title III, Sec. 315(a)(2), 
(b), Oct. 28, 1986, 100 Stat. 3274; Pub. L. 100322, title III, 
  Sec. 321(a), May 20, 1988, 102 Stat. 535; Pub. L. 101237, 
  title IV, Sec. 413(a), 417, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 
      2085, 2086, 2092; renumbered Sec. 3688 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
102568, title III, Sec. 316(a), Oct. 29, 1992, 106 Stat. 4333; 
     Pub. L. 103446, title VI, Sec. 607, title XII, Sec. 
       1201(e)(12), Nov. 2, 1994, 108 Stat. 4672, 4685; Pub. L. 
 110252, title V, Sec. 5003(b)(2)(A)(ii), June 30, 2008, 122 
     Stat. 2375.) ' 3689. Approval requirements for licensing and 
 certification testing (a) IN GENERAL.(1) No payment may be made 
 for a licensing or certification test described in section 3452(b) or 
3501(a)(5) of this title unless the test is deemed approved by section 
   3672(b)(2)(B) of this title or the Secretary determines that the 
 requirements of this section have been met with respect to such test 
 and the organization or entity offering the test. The requirements of 
 approval for tests and organizations or entities offering tests shall 
 be in accordance with the provisions of this chapter and chapters 30, 
32, 33, 34, and 35 of this title and with regulations prescribed by the 
    Secretary to carry out this section. (2) To the extent that the 
Secretary determines practicable, State approving agencies may, in lieu 
   of the Secretary, approve licensing and certification tests, and 
organizations and entities offering such tests, under this section. (b) 
 REQUIREMENTS FOR TESTS.(1) Subject to paragraph (2), a licensing 
  or certification test is approved for purposes of this section only 
if (A) the test is required under Federal, State, or local law or 
  regulation for an individual to enter into, maintain, or advance in 
employment in a predetermined and identified vocation or profession; or 
 (B) the Secretary determines that the test is generally accepted, in 
 accordance with relevant government, business, or industry standards, 
 employment policies, or hiring practices, as attesting to a level of 
  knowledge or skill required to qualify to enter into, maintain, or 
  advance in employment in a predetermined and identified vocation or 
 profession. (2) A licensing or certification test offered by a State, 
   or a political subdivision of a State, is deemed approved by the 
     Secretary for purposes of this section. (c) REQUIREMENTS FOR 
ORGANIZATIONS OR ENTITIES OFFERING TESTS.(1) Each organization or 
    entity that is not an entity of the United States, a State, or 
     political subdivision of a State, that offers a licensing or 
certification test for which payment may be made under chapter 30, 32, 
33, 34, or 35 of this title and that meets the following requirements, 
    shall be approved by the Secretary to offer such test: (A) The 
organization or entity certifies to the Secretary that the licensing or 
 certification test offered by the organization or entity is generally 
accepted, in accordance with relevant government, business, or industry 
standards, employment policies, or hiring practices, as attesting to a 
    level of knowledge or skill required to qualify to enter into, 
 maintain, or advance in employment in a predetermined and identified 
  vocation or profession. (B) The organization or entity is licensed, 
 chartered, or incorporated in a State and has offered such test, or a 
 test to certify or license in a similar or related occupation, for a 
   minimum of two years before the date on which the organization or 
entity first submits to the Secretary an application for approval under 
this section. (C) The organization or entity employs, or consults with, 
 individuals with expertise or substantial experience with respect to 
all areas of knowledge or skill that are measured by the test and that 
      are required for the license or certificate issued. (D) The 
organization or entity has no direct financial interest in (i) the 
 outcome of the test; or (ii) organizations that provide the education 
  or training of candidates for licenses or certificates required for 
  vocations or professions. (E) The organization or entity maintains 
 appropriate records with respect to all candidates who take the test 
 for a period prescribed by the Secretary, but in no case for a period 
 of less than three years. (F)(i) The organization or entity promptly 
   issues notice of the results of the test to the candidate for the 
license or certificate. (ii) The organization or entity has in place a 
  process to review complaints submitted against the organization or 
entity with respect to the test or the process for obtaining a license 
     or certificate required for vocations or professions. (G) The 
organization or entity furnishes to the Secretary such information with 
  respect to the test as the Secretary requires to determine whether 
payment may be made for the test under chapter 30, 32, 33, 34, or 35 of 
 this title, including personal identifying information, fee payment, 
   and test results. Such information shall be furnished in the form 
 prescribed by the Secretary. (H) The organization or entity furnishes 
 to the Secretary the following information: (i) A description of the 
licensing or certification test offered by the organization or entity, 
   including the purpose of the test, the vocational, professional, 
   governmental, and other entities that recognize the test, and the 
 license or certificate issued upon successful completion of the test. 
(ii) The requirements to take the test, including the amount of the fee 
charged for the test and any prerequisite education, training, skills, 
   or other certification. (iii) The period for which the license or 
 certificate awarded upon successful completion of the test is valid, 
    and the requirements for maintaining or renewing the license or 
  certificate. (I) Upon request of the Secretary, the organization or 
 entity furnishes such information to the Secretary that the Secretary 
  determines necessary to perform an assessment of (i) the test 
  conducted by the organization or entity as compared to the level of 
knowledge or skills that a license or certificate attests; and (ii) the 
 applicability of the test over such periods of time as the Secretary 
determines appropriate. (2) With respect to each organization or entity 
     that is an entity of the United States, a State, or political 
 subdivision of a State, that offers a licensing or certification test 
for which payment may be made under chapters 30, 32, 34, or 35 of this 
  title, the following provisions of paragraph (1) shall apply to the 
           entity: subparagraphs (E), (F), (G), and (H). (d) 
 ADMINISTRATION.Except as otherwise specifically provided in this 
section or chapter 30, 32, 33, 34, or 35 of this title, in implementing 
this section and making payment under any such chapter for a licensing 
           or certification test, the test is deemed to be a 
  course and the organization or entity 
               that offers such test is deemed to be an 
 institution or educational 
institution, respectively, as those terms are applied 
under and for purposes of sections 3671, 3673, 3674, 3678, 3679, 3681, 
   3682, 3683, 3685, 3690, and 3696 of this title. (e) PROFESSIONAL 
   CERTIFICATION AND LICENSURE ADVISORY COMMITTEE.(1) There is 
   established within the Department a committee to be known as the 
      Professional Certification and Licensure Advisory Committee 
            (hereinafter in this section referred to as the 
   Committee). (2) The Committee shall 
advise the Secretary with respect to the requirements of organizations 
 or entities offering licensing and certification tests to individuals 
for which payment for such tests may be made under chapter 30, 32, 33, 
34, or 35 of this title, and such other related issues as the Committee 
determines to be appropriate. (3)(A) The Secretary shall appoint seven 
    individuals with expertise in matters relating to licensing and 
   certification tests to serve as members of the Committee. (B) The 
   Secretary of Labor and the Secretary of Defense shall serve as ex 
officio members of the Committee. (C) A vacancy in the Committee shall 
  be filled in the manner in which the original appointment was made. 
 (4)(A) The Secretary shall appoint the chairman of the Committee. (B) 
The Committee shall meet at the call of the chairman. (5) The Committee 
  shall terminate December 31, 2006. (Added Pub. L. 106419, 
title I, Sec. 122(c)(1), Nov. 1, 2000, 114 Stat. 1835; amended Pub. L. 
107330, title III, Sec. 308(d), Dec. 6, 2002, 116 Stat. 2828; 
 Pub. L. 110 252, title V, Sec. 5003(b)(2)(A)(iii), June 30, 
 2008, 122 Stat. 2375, 2378; Pub. L. 111 377, title II, Sec. 
  203(a)(2)(C), Jan. 4, 2011, 124 Stat. 4125.) ' 3690. Overcharges by 
educational institutions; discontinuance of allowances; examination of 
records; false or misleading statements (a) OVERCHARGES BY EDUCATIONAL 
     INSTITUTIONS.If the Secretary finds that an educational 
institution has (1) charged or received from any eligible veteran 
 or eligible person pursuing a program of education under this chapter 
 or chapter 34 or 35 of this title any amount for any course in excess 
  of the charges for tuition and fees which such institution requires 
similarly circumstanced nonveterans not receiving assistance under such 
chapters who are enrolled in the same course to pay, or (2) instituted, 
   after October 24, 1972, a policy or practice with respect to the 
  payment of tuition, fees, or other charges in the case of eligible 
  veterans and the Secretary finds that the effect of such policy or 
 practice substantially denies to veterans the benefits of the advance 
   allowances under such section, the Secretary may disapprove such 
 educational institution for the enrollment of any eligible veteran or 
  eligible person not already enrolled therein under this chapter or 
      chapter 31, 34, or 35 of this title. (b) DISCONTINUANCE OF 
   ALLOWANCES.(1) The Secretary may discontinue the educational 
assistance allowance of any eligible veteran or eligible person if the 
 Secretary finds that the program of education or any course in which 
the veteran or person is enrolled fails to meet any of the requirements 
of this chapter or chapter 34 or 35 of this title, or if the Secretary 
finds that the educational institution offering such program or course 
has violated any provision of this chapter or chapter 34 or 35 of this 
 title, or fails to meet any of the requirements of such chapters. (2) 
 Except as provided in paragraph (3) of this subsection, any action by 
  the Secretary under paragraph (1) of this subsection to discontinue 
 (including to suspend) assistance provided to any eligible veteran or 
eligible person under this chapter or chapter 31, 32, 34, or 35 of this 
title shall be based upon evidence that the veteran or eligible person 
 is not or was not entitled to such assistance. Whenever the Secretary 
 so discontinues any such assistance, the Secretary shall concurrently 
provide written notice to such veteran or person of such discontinuance 
 and that such veteran or person is entitled thereafter to a statement 
of the reasons for such action and an opportunity to be heard thereon. 
  (3)(A) The Secretary may suspend educational assistance to eligible 
veterans and eligible persons already enrolled, and may disapprove the 
enrollment or reenrollment of any eligible veteran or eligible person, 
    in any course as to which the Secretary has evidence showing a 
substantial pattern of eligible veterans or eligible persons, or both, 
who are receiving such assistance by virtue of their enrollment in such 
  course but who are not entitled to such assistance because (i) the 
course approval requirements of this chapter are not being met, or (ii) 
 the educational institution offering such course has violated one or 
more of the recordkeeping or reporting requirements of this chapter or 
 chapter 30, 32, 33, 34, or 35 of this title. (B) Action may be taken 
   under subparagraph (A) of this paragraph only after (i) the 
  Secretary provides to the State approving agency concerned and the 
educational institution concerned written notice of any such failure to 
    meet such approval requirements and any such violation of such 
recordkeeping or reporting requirements; (ii) such institution refuses 
to take corrective action or does not within 60 days after such notice 
(or within such longer period as the Secretary determines is reasonable 
 and appropriate) take corrective action; and (iii) the Secretary, not 
    less than 30 days before taking action under such subparagraph, 
provides to each eligible veteran and eligible person already enrolled 
in such course written notice of the Secretarys intent to take 
such action (and the reasons therefor) unless such corrective action is 
    taken within such 60 days (or within such longer period as the 
  Secretary has determined is reasonable and appropriate), and of the 
     date on which the Secretary intends to take action under such 
subparagraph. (c) EXAMINATION OF RECORDS.Notwithstanding any other 
provision of law, the records and accounts of educational institutions 
   pertaining to eligible veterans or eligible persons who received 
educational assistance under this chapter or chapter 31, 32, 34, or 35 
   of this title, as well as the records of other students which the 
 Secretary determines necessary to ascertain institutional compliance 
    with the requirements of such chapters, shall be available for 
 examination by duly authorized representatives of the Government. (d) 
 FALSE OR MISLEADING STATEMENTS.Whenever the Secretary finds that 
     an educational institution has willfully submitted a false or 
 misleading claim, or that a veteran or person, with the complicity of 
 an educational institution, has submitted such a claim, the Secretary 
     shall make a complete report of the facts of the case to the 
appropriate State approving agency and, where deemed advisable, to the 
 Attorney General of the United States for appropriate action. (Added 
Pub. L. 92540, title III, Sec. 316(2), Oct. 24, 1972, 86 Stat. 
  1088, Sec. 1790; amended Pub. L. 94502, title V, Sec. 510, 
513(a)(19), Oct. 15, 1976, 90 Stat. 2401, 2403; Pub. L. 95202, 
title III, Sec. 306, Nov. 23, 1977, 91 Stat. 1445; Pub. L. 96 
  466, title VIII, Sec. 801(f), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 
   97295, Sec. 4(59), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 
97306, title II, Sec. 207, Oct. 14, 1982, 96 Stat. 1435; Pub. 
L. 101237, title IV, Sec. 423(a)(9), (b)(1)(A), (2), Dec. 18, 
  1989, 103 Stat. 2092; renumbered Sec. 3690, Pub. L. 10283, 
 Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10286, title 
       V, Sec. 506(b)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 
109233, title V, Sec. 503(8)(A), June 15, 2006, 120 Stat. 416; 
  Pub. L. 110252, title V, Sec. 5003(b)(2)(A)(iv), June 30, 
2008, 122 Stat. 2375.) ' 3691. Change of program (a) Except as provided 
 in subsections (b) and (c) of this section, each eligible veteran and 
    eligible person may make not more than one change of program of 
education, but an eligible veteran or eligible person whose program has 
   been interrupted or discontinued due to the veterans or 
       persons own misconduct, the veterans or 
       persons own neglect, or the veterans or 
 persons own lack of application shall not be entitled to any 
such change. (b) The Secretary, in accordance with procedures that the 
Secretary may establish, may approve a change other than a change under 
 subsection (a) of this section (or an initial change in the case of a 
 veteran or person not eligible to make a change under subsection (a)) 
    in program if the Secretary finds that (1) the program of 
  education which the eligible veteran or eligible person proposes to 
    pursue is suitable to the veterans or persons 
aptitudes, interests, and abilities; and (2) in any instance where the 
   eligible veteran or eligible person has interrupted, or failed to 
 progress in, the veterans or persons program due to 
     the veterans or persons own misconduct, the 
       veterans or persons own neglect, or the 
 veterans or persons own lack of application, there 
 exists a reasonable likelihood with respect to the program which the 
eligible veteran or eligible person proposes to pursue that there will 
not be a recurrence of such an interruption or failure to progress. (c) 
  The Secretary may also approve additional changes in program if the 
 Secretary finds such changes are necessitated by circumstances beyond 
the control of the eligible veteran or eligible person. (d)(1) For the 
  purposes of this section, the term change of program of 
education shall not be deemed to include a change by 
  a veteran or eligible person from the pursuit of one program to the 
 pursuit of another program if (A) the veteran or eligible person 
has successfully completed the former program; (B) the program leads to 
   a vocational, educational, or professional objective in the same 
   general field as the former program; (C) the former program is a 
 prerequisite to, or generally required for, pursuit of the subsequent 
 program; (D) in the case of a change from the pursuit of a subsequent 
  program to the pursuit of a former program, the veteran or eligible 
person resumes pursuit of the former program without loss of credit or 
 standing in the former program; or (E) the change from the program to 
    another program is at the same educational institution and such 
educational institution determines that the new program is suitable to 
  the aptitudes, interests, and abilities of the veteran or eligible 
person and certifies to the Secretary the enrollment of the veteran or 
 eligible person in the new program. (2) A veteran or eligible person 
undergoing a change from one program of education to another program of 
  education as described in paragraph (1)(E) shall not be required to 
  apply to the Secretary for approval of such change. (Added Pub. L. 
 92540, title III, Sec. 316(2), Oct. 24, 1972, 86 Stat. 1089, 
 Sec. 1791; amended Pub. L. 94502, title V, Sec. 513(a)(20), 
 Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101237, title IV, Sec. 
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101 366, 
 title II, Sec. 208(a), Aug. 15, 1990, 104 Stat. 443; renumbered Sec. 
 3691, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; 
 Pub. L. 102568, title III, Sec. 317,Oct. 29, 1992, 106 Stat. 
4334; Pub. L. 110389, title III, Sec. 324, Oct. 10, 2008, 122 
     Stat. 4168.) ' 3692. Advisory committee (a) There shall be a 
    Veterans Advisory Committee on Education formed by the 
 Secretary which shall be composed of persons who are eminent in their 
     respective fields of education, labor, and management and of 
representatives of institutions and establishments furnishing education 
 to eligible veterans or persons enrolled under chapter 30, 32, 33, or 
  35 of this title and chapter 1606 of title 10. The committee shall 
       also, to the maximum extent practicable, include veterans 
   representative of World War II, the Korean conflict era, the post-
  Korean conflict era, the Vietnam era, the post-Vietnam era, and the 
      Persian Gulf War. The Assistant Secretary of Education for 
   Postsecondary Education (or such other comparable official of the 
 Department of Education as the Secretary of Education may designate) 
 and the Assistant Secretary of Labor for Veterans Employment 
and Training shall be ex officio members of the advisory committee. (b) 
 The Secretary shall consult with and seek the advice of the committee 
 from time to time with respect to the administration of this chapter, 
 chapters 30, 32, 33, and 35 of this title, and chapter 1606 of title 
   10. The committee may make such reports and recommendations as it 
    considers desirable to the Secretary and the Congress. (c) The 
  committee shall remain in existence until December 31, 2013. (Added 
  Pub. L. 89358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 23, Sec. 
 1788; renumbered Sec. 1792 and amended Pub. L. 92540, title 
  III, Sec. 316(2), (3), Oct. 24, 1972, 86 Stat. 1086, 1089; Pub. L. 
96466, title III, Sec. 346, Oct. 17, 1980, 94 Stat. 2200; Pub. 
L. 99576, title III, Sec. 304, Oct. 28, 1986, 100 Stat. 3269; 
 Pub. L. 100689, title I, Sec. 123, Nov. 18, 1988, 102 Stat. 
 4174; Pub. L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
1989, 103 Stat. 2092; Pub. L. 10225, title III, Sec. 338, Apr. 
6, 1991, 105 Stat. 91; Pub. L. 10254, Sec. 14(c)(7), June 13, 
1991, 105 Stat. 285; renumbered Sec. 3692, Pub. L. 10283, Sec. 
5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103210, Sec. 2(d), 
Dec. 20, 1993, 107 Stat. 2497; Pub. L. 103446, title VI, Sec. 
608, Nov. 2, 1994, 108 Stat. 4672; Pub. L. 108183, title III, 
Sec. 307, Dec. 16, 2003, 117 Stat. 2661; Pub. L. 110252, title 
   V, Sec. 5003(b)(2)(A)(v), June 30, 2008, 122 Stat. 2375; Pub. L. 
 111275, title I, Sec. 102, Oct. 13, 2010, 124 Stat. 2866.) ' 
 3693. Compliance surveys (a) Except as provided in subsection (b) of 
 this section, the Secretary shall conduct an annual compliance survey 
   of each institution offering one or more courses approved for the 
enrollment of eligible veterans or persons if at least 300 veterans or 
persons are enrolled in such course or courses under provisions of this 
title or if any such course does not lead to a standard college degree. 
Such compliance survey shall be designed to ensure that the institution 
 and approved courses are in compliance with all applicable provisions 
of chapters 30 through 36 of this title. The Secretary shall assign at 
least one education compliance specialist to work on compliance surveys 
 in any year for each 40 compliance surveys required to be made under 
this section for such year. (b) The Secretary may waive the requirement 
in subsection (a) of this section for an annual compliance survey with 
  respect to an institution if the Secretary determines, based on the 
 institutions demonstrated record of compliance with all the 
applicable provisions of chapters 30 through 36 of this title, that the 
  waiver would be appropriate and in the best interest of the United 
States Government. (Added Pub. L. 94502, title V, Sec. 511(1), 
       Oct. 15, 1976, 90 Stat. 2401, Sec. 1793; amended Pub. L. 
100322, title III, Sec. 322, May 20, 1988, 102 Stat. 535; Pub. 
  L. 101237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 
 Stat. 2092; renumbered Sec. 3693, Pub. L. 10283, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406.) ' 3694. Use of other Federal agencies (a) 
IN GENERAL.In carrying out the Secretarys functions under 
   this chapter or chapter 34 or 35 of this title, the Secretary may 
utilize the facilities and services of any other Federal department or 
agency. Any such utilization shall be pursuant to proper agreement with 
 the Federal department or agency concerned; and payment to cover the 
       cost thereof shall be made either in advance or by way of 
 reimbursement, as may be provided in such agreement. (b) COORDINATION 
OF INFORMATION AMONG THE DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND 
      LABOR WITH RESPECT TO ON-JOB TRAINING.At the time of a 
servicemembers discharge or release from active duty service, 
the Secretary of Defense shall furnish to the Secretary such pertinent 
 information concerning each registered apprenticeship pursued by the 
     servicemember during the period of active duty service of the 
  servicemember. The Secretary, in conjunction with the Secretary of 
 Labor, shall encourage and assist States and private organizations to 
give credit to servicemembers for the registered apprenticeship program 
   so pursued in the case of any related apprenticeship program the 
service-member may pursue as a civilian. (Added Pub. L. 89358, 
Sec. 3(b), Mar. 3, 1966, 80 Stat. 23, Sec. 1790; renumbered Sec. 1794, 
Pub. L. 92540, title III, Sec. 316(2), Oct. 24, 1972, 86 Stat. 
 1086; amended Pub. L. 94502, title V, Sec. 513(a)(21), Oct. 
   15, 1976, 90 Stat. 2403; Pub. L. 101 237, title IV, Sec. 
423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3694, 
Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 108454, title I, Sec. 107, Dec. 10, 2004, 118 Stat. 3603.) ' 
3695. Limitation on period of assistance under two or more programs (a) 
The aggregate period for which any person may receive assistance under 
  two or more of the provisions of law listed below may not exceed 48 
 months (or the part-time equivalent thereof): (1) Parts VII or VIII, 
  Veterans Regulation numbered 1(a), as amended. (2) Title II of the 
  Veterans Readjustment Assistance Act of 1952. (3) The War 
 Orphans Educational Assistance Act of 1956. (4) Chapters 30, 
32, 33, 34, 35, and 36. (5) Chapters 107, 1606, 1607, and 1611 of title 
  10. (6) Section 903 of the Department of Defense Authorization Act, 
1981 (Public Law 96342, 10 U.S.C. 2141 note). (7) The Hostage 
Relief Act of 1980 (Public Law 96449, 5 U.S.C. 5561 note). (8) 
 The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public 
Law 99399). (b) No person may receive assistance under chapter 
   31 of this title in combination with assistance under any of the 
provisions of law cited in subsection (a) of this section in excess of 
 48 months (or the part-time equivalent thereof) unless the Secretary 
determines that additional months of benefits under chapter 31 of this 
  title are necessary to accomplish the purposes of a rehabilitation 
program (as defined in section 3101(5) of this title) in the individual 
 case. (Added Pub. L. 90631, Sec. 1(d)(1), Oct. 23, 1968, 82 
    Stat. 1331, Sec. 1791; renumbered Sec. 1795 and amended Pub. L. 
 92540, title III, Sec. 316(2), title IV, Sec. 403(13), Oct. 
 24, 1972, 86 Stat. 1086, 1090; Pub. L. 96466, title I, Sec. 
 103, Oct. 17, 1980, 94 Stat. 2187; Pub. L. 98223, title II, 
  Sec. 203(c)(2), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98525, 
     title VII, Sec. 703(d), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 
  101 237, title IV, Sec. 423(a)(8)(B), (b)(1)(A), Dec. 18, 
    1989, 103 Stat. 2092; renumbered Sec. 3695 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 10665, div. A, title V, Sec. 551(b), Oct. 5, 1999, 113 Stat. 
614; Pub. L. 107 103, title V, Sec. 509(d), Dec. 27, 2001, 115 
 Stat. 997; Pub. L. 107107, div. A, title X, Sec. 1048(i)(8), 
 Dec. 28, 2001, 115 Stat. 1229; Pub. L. 108375, div. A, title 
       V, Sec. 527(b)(2), Oct. 28, 2004, 118 Stat. 1894; Pub. L. 
110252, title V, Sec. 5003(b)(1)(B), June 30, 2008, 122 Stat. 
2375.) ' 3696. Limitation on certain advertising, sales, and enrollment 
  practices (a) The Secretary shall not approve the enrollment of an 
    eligible veteran or eligible person in any course offered by an 
institution which utilizes advertising, sales, or enrollment practices 
  of any type which are erroneous, deceptive, or misleading either by 
  actual statement, omission, or intimation. (b) To ensure compliance 
 with this section, any institution offering courses approved for the 
 enrollment of eligible persons or veterans shall maintain a complete 
 record of all advertising, sales, or enrollment materials (and copies 
    thereof) utilized by or on behalf of the institution during the 
     preceding 12-month period. Such record shall be available for 
    inspection by the State approving agency or the Secretary. Such 
materials shall include but are not limited to any direct mail pieces, 
   brochures, printed literature used by sales persons, films, video 
 tapes, and audio tapes disseminated through broadcast media, material 
  disseminated through print media, tear sheets, leaflets, handbills, 
  fliers, and any sales or recruitment manuals used to instruct sales 
  personnel, agents, or representatives of such institution. (c) The 
Secretary shall, pursuant to section 3694 of this title, enter into an 
     agreement with the Federal Trade Commission to utilize, where 
appropriate, its services and facilities, consistent with its available 
       resources, in carrying out investigations and making the 
    Secretarys determinations under subsection (a) of this 
    section. Such agreement shall provide that cases arising under 
 subsection (a) of this section or any similar matters with respect to 
 any of the requirements of this chapter or chapters 34 and 35 of this 
 title shall be referred to the Federal Trade Commission which in its 
discretion will conduct an investigation and make preliminary findings. 
 The findings and results of any such investigations shall be referred 
to the Secretary who shall take appropriate action in such cases within 
 ninety days after such referral. (Added Pub. L. 93508, title 
 II, Sec. 212(a), Dec. 3, 1974, 88 Stat. 1585, Sec. 1796; amended Pub. 
  L. 94502, title V, Sec. 512, 513(a)(22), Oct. 15, 1976, 90 
Stat. 2402, 2403; Pub. L. 98543, title IV, Sec. 401, Oct. 24, 
     1984, 98 Stat. 2749; Pub. L. 101 237, title IV, Sec. 
423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3696 
 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406.) ' 3697. Funding of contract educational and vocational 
 counseling (a) Subject to subsection (b) of this section, educational 
    or vocational counseling services obtained by the Department of 
   Veterans Affairs by contract and provided to an individual under 
    section 3697A of this title or to an individual applying for or 
receiving benefits under section 1524 or chapter 30, 32, 33, 34, or 35 
  of this title, or chapter 106 of title 10, shall be paid for out of 
   funds appropriated, or otherwise available, to the Department of 
  Veterans Affairs for payment of readjustment benefits. (b) Payments 
  under this section shall not exceed $6,000,000 in any fiscal year. 
(Added Pub. L. 100687, div. B, title XIII, Sec. 1302(a), Nov. 
 18, 1988, 102 Stat. 4127, Sec. 1797; amended Pub. L. 101237, 
  title IV, Sec. 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 
 10216, Sec. 2(b)(3), Mar. 22, 1991, 105 Stat. 49; renumbered 
 Sec. 3697 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 103446, title VI, Sec. 609(a), 
 Nov. 2, 1994, 108 Stat. 4673; Pub. L. 110252, title V, Sec. 
5003(b)(2)(A)(vi), June 30, 2008, 122 Stat. 2375.) ' 3697A. Educational 
and vocational counseling (a) The Secretary shall make available to an 
   individual described in subsection (b) of this section, upon such 
   individuals request, counseling services, including such 
educational and vocational counseling and guidance, testing, and other 
assistance as the Secretary determines necessary to aid the individual 
   in selecting (1) an educational or training objective and an 
 educational institution or training establishment appropriate for the 
attainment of such objective; or (2) an employment objective that would 
   be likely to provide such individual with satisfactory employment 
    opportunities in the light of the individuals personal 
     circumstances. (b) For the purposes of this section, the term 
 individual means an individual who 
(1) is eligible for educational assistance under chapter 30, 31, 32, or 
33 of this title or chapter 106 or 107 of title 10; (2) was discharged 
 or released from active duty under conditions other than dishonorable 
   if not more than one year has elapsed since the date of such last 
discharge or release from active duty; or (3) is serving on active duty 
   in any State with the Armed Forces and is within 180 days of the 
 estimated date of such individuals discharge or release from 
 active duty under conditions other than dishonorable, including those 
who are making a determination of whether to continue as members of the 
  Armed Forces. (c) In any case in which the Secretary has rated the 
 individual as being incompetent, the counseling services described in 
subsection (a) of this section shall be required to be provided to the 
individual before the selection of a program of education or training. 
   (d) At such intervals as the Secretary determines necessary, the 
  Secretary shall make available information concerning the need for 
  general education and for trained personnel in the various crafts, 
     trades, and professions. Facilities of other Federal agencies 
    collecting such information shall be utilized to the extent the 
    Secretary determines practicable. (e) The Secretary shall take 
appropriate steps (including individual notification where feasible) to 
 acquaint all individuals described in subsection (b) of this section 
with the availability and advantages of counseling services under this 
 section. (Added Pub. L. 10216, Sec. 2(a), Mar. 22, 1991, 105 
 Stat. 48, Sec. 1797A; renumbered Sec. 3697A, Pub. L. 10283, 
        Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 
110252, title V, Sec. 5003(b)(2)(B), June 30, 2008, 122 Stat. 
 2375.) SUBCHAPTER IIIREPEALED x'' 3698, 3699. Repealed. Pub. L. 
   108183, title III, Sec. 306(e), Dec. 16, 2003, 117 Stat. 
 2661 CHAPTER 37 OF TITLE 38, UNITED STATES CODE [As Amended 
      Through P.L. 1127, Enacted March 31, 2011] xTITLE 
 38VETERANS BENEFITS xPART IIIREADJUSTMENT 
AND RELATED BENEFITS CHAPTER 37HOUSING AND SMALL BUSINESS 
  LOANS SUBCHAPTER IGENERAL Sec. 3701. Definitions. 3702. Basic 
   entitlement. 3703. Basic provisions relating to loan guaranty and 
insurance. 3704. Restrictions on loans. 3705. Warranties. 3706. Escrow 
 of deposits and downpayments. 3707. Adjustable rate mortgages. 3707A. 
Hybrid adjustable rate mortgages. 3708. Authority to buy down interest 
    rates: pilot program. SUBCHAPTER IILOANS 3710. Purchase or 
 construction of homes. 3711. Direct loans to veterans. 3712. Loans to 
  purchase manufactured homes and lots. 3713. Release from liability 
 under guaranty. 3714. Assumptions; release from liability. SUBCHAPTER 
  IIIADMINISTRATIVE PROVISIONS 3720. Powers of Secretary. 3721. 
 Incontestability. 3722. Veterans Housing Benefit Program Fund. [3723. 
    Repealed.] 3726. Withholding of payments, benefits, etc. 3727. 
    Expenditures to correct or compensate for structural defects in 
  mortgaged homes. 3728. Exemption from State anti-usury provisions. 
  3729. Loan fee. 3730. Use of attorneys in court. 3731. Appraisals. 
     3732. Procedure on default. 3733. Property management. [3734. 
Repealed.] [3735. Renumbered] 3736. Reporting requirements. SUBCHAPTER 
  IVSMALL BUSINESS LOANS 3741. Definitions. 3742. Small business 
loan program. 3743. Liability on loans. 3744. Approval of loans by the 
  Secretary. 3745. Interest on loans. 3746. Maturity of loans. 3747. 
    Eligible financial institutions. 3748. Preference for disabled 
veterans. 3749. Revolving fund. 3750. Incorporation of other provisions 
    by the Secretary. 3751. Termination of program. 599 SUBCHAPTER 
 VDIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS 3761. Direct 
  housing loans to Native American veterans; program authority. 3762. 
       Direct housing loans to Native American veterans; program 
  administration. 3763. Native American Veteran Housing Loan Program 
     Account. 3764. Qualified non-Native American veterans. 3765. 
Definitions. SUBCHAPTER VITRANSFERRED] [3771 to 3775. Repealed or 
 renumbered.] SUBCHAPTER IGENERAL ' 3701. Definitions (a) For the 
         purpose of this chapter, the term housing 
 loan means a loan for any of the purposes specified 
by sections 3710(a) and 3712(a)(1) of this title. (b) For the purposes 
of housing loans under this chapter (1) The term World 
 War II (A) means the period beginning on September 
16, 1940, and ending on July 25, 1947, and (B) includes, in the case of 
 any veteran who enlisted or reenlisted in a Regular component of the 
  Armed Forces after October 6, 1945, and before October 7, 1946, the 
   period of the first such enlistment or reenlistment. (2) The term 
veteran includes the surviving spouse of 
any veteran (including a person who died in the active military, naval, 
or air service) who died from a service-connected disability, but only 
   if such surviving spouse is not eligible for benefits under this 
   chapter on the basis of the spouses own active duty. The 
 active duty or service in the Selected Reserve of the deceased spouse 
  shall be deemed to have been active duty or service in the Selected 
Reserve by such surviving spouse for the purposes of this chapter. (3) 
   The term veteran also includes, for 
 purposes of home loans, the spouse of any member of the Armed Forces 
serving on active duty who is listed, pursuant to section 556 of title 
   37, United States Code, and regulations issued thereunder, by the 
Secretary concerned in one or more of the following categories and has 
  been so listed for a total of more than ninety days: (A) missing in 
    action, (B) captured in line of duty by a hostile force, or (C) 
 forcibly detained or interned in line of duty by a foreign government 
 or power. The active duty of the member shall be deemed to have been 
 active duty by such spouse for the purposes of this chapter. The loan 
eligibility of such spouse under this paragraph shall be limited to one 
loan guaranteed or made for the acquisition of a home, and entitlement 
 to such loan shall terminate automatically, if not used, upon receipt 
 by such spouse of official notice that the member is no longer listed 
   in one of the categories specified in the first sentence of this 
  paragraph. (4) The term veteran also 
    includes an individual serving on active duty. (5)(A) The term 
 veteran also includes an individual who 
is not otherwise eligible for the benefits of this chapter and (i) who 
   has completed a total service of at least 6 years in the Selected 
 Reserve and, following the completion of such service, was discharged 
  from service with an honorable discharge, was placed on the retired 
list, was transferred to the Standby Reserve or an element of the Ready 
 Reserve other than the Selected Reserve after service in the Selected 
Reserve characterized by the Secretary concerned as honorable service, 
     or continues serving in the Selected Reserve, or (ii) who was 
 discharged or released from the Selected Reserve before completing 6 
  years of service because of a service-connected disability. (B) The 
term Selected Reserve means the Selected 
     Reserve of the Ready Reserve of any of the reserve components 
  (including the Army National Guard of the United States and the Air 
 National Guard of the United States) of the Armed Forces, as required 
to be maintained under section 10143(a) of title 10. (c) Benefits shall 
  not be afforded under this chapter to any individual on account of 
     service as a commissioned officer of the National Oceanic and 
 Atmospheric Administration (or predecessor entity), or of the Regular 
  or Reserve Corps of the Public Health Service, unless such service 
 would have qualified such individual for benefits under title III of 
      the Servicemens Readjustment Act of 1944. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1203, Sec. 1801; Pub. L. 
   91584, Sec. 5(a), Dec. 24, 1970, 84 Stat. 1576; Pub. L. 
 94324, Sec. 7(1), (2), June 30, 1976, 90 Stat. 721; Pub. L. 
  9772, title III, Sec. 303(a), Nov. 3, 1981, 95 Stat. 1059; 
Pub. L. 97 295, Sec. 4(62), Oct. 12, 1982, 96 Stat. 1309; Pub. 
 L. 100322, title IV, Sec. 415(c)(1), May 20, 1988, 102 Stat. 
 551; Pub. L. 101237, title III, Sec. 313(a), Dec. 18, 1989, 
       103 Stat. 2077; renumbered Sec. 3701 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
 102547, Sec. 2(a)(1), Oct. 28, 1992, 106 Stat. 3633; Pub. L. 
103446, title IX, Sec. 901, Nov. 2, 1994, 108 Stat. 4675; Pub. 
  L. 104 106, div. A, title XV, Sec. 1501(e)(2)(B), Feb. 10, 
  1996, 110 Stat. 501.) ' 3702. Basic entitlement (a)(1) The veterans 
  described in paragraph (2) of this subsection are eligible for the 
 housing loan benefits of this chapter. In the case of any veteran who 
 served on active duty during two or more of the periods specified in 
paragraph (2) for which eligibility for the housing loan benefits under 
 this chapter may be granted, entitlement derived from service during 
  the most recent such period (A) shall cancel any unused entitlement 
 derived from service during any earlier such period, and (B) shall be 
  reduced by the amount by which entitlement from service during any 
 earlier such period has been used to obtain a direct, guaranteed, or 
 insured housing loan (i) on real property which the veteran owns 
   at the time of application; or (ii) as to which the Secretary has 
 incurred actual liability or loss, unless in the event of loss or the 
incurrence and payment of such liability by the Secretary the resulting 
indebtedness of the veteran to the United States has been paid in full. 
(2) The veterans referred to in the first sentence of paragraph (1) of 
   this subsection are the following: (A) Each veteran who served on 
 active duty at any time during World War II, the Korean conflict, or 
 the Vietnam era and whose total service was for 90 days or more. (B) 
 Each veteran who after September 15, 1940, was discharged or released 
 from a period of active duty for a service-connected disability. (C) 
 Each veteran, other than a veteran described in clause (A) or (B) of 
 this paragraph, who (i) served after July 25, 1947, for a period 
 of more than 180 days and was discharged or released therefrom under 
 conditions other than dishonorable; or (ii) has served more than 180 
days in active duty status and continues on active duty without a break 
therein. (D) Each veteran who served on active duty for 90 days or more 
     at any time during the Persian Gulf War, other than a veteran 
ineligible for benefits under this title by reason of section 5303A(b) 
 of this title. (E) Each veteran described in section 3701(b)(5) this 
title. (F) Each veteran who was discharged or released from a period of 
    active duty of 90 days or more by reason of a sole survivorship 
discharge (as that term is defined in section 1174(i) of title 10). (3) 
  Any unused entitlement of World War II or Korean conflict veterans 
  which expired under provisions of law in effect before October 23, 
    1970, is hereby restored and shall not expire until used. (4) A 
 veterans entitlement under this chapter shall not be reduced 
by any entitlement used by the veterans spouse which was based 
upon the provisions of paragraph (3) of section 3701(b) of this title. 
(b) In computing the aggregate amount of guaranty or insurance housing 
    loan entitlement available to a veteran under this chapter, the 
Secretary may exclude the amount of guaranty or insurance housing loan 
entitlement used for any guaranteed, insured, or direct loan under the 
following circumstances: (1)(A) The property which secured the loan has 
been disposed of by the veteran or has been destroyed by fire or other 
   natural hazard; and (B) the loan has been repaid in full, or the 
 Secretary has been released from liability as to the loan, or if the 
 Secretary has suffered a loss on such loan, the loss has been paid in 
  full. (2) A veteran-transferee has agreed to assume the outstanding 
      balance on the loan and consented to the use of the veteran-
transferees entitlement, to the extent that the entitlement of 
   the veteran-transferor had been used originally, in place of the 
  veteran-transferors for the guaranteed, insured, or direct 
 loan, and the veteran-transferee otherwise meets the requirements of 
this chapter. (3)(A) The loan has been repaid in full; and (B) the loan 
 for which the veteran seeks to use entitlement under this chapter is 
  secured by the same property which secured the loan referred to in 
   subparagraph (A) of this paragraph. (4) In a case not covered by 
paragraph (1) or (2) (A) the loan has been repaid in full and, if 
 the Secretary has suffered a loss on the loan, the loss has been paid 
 in full; or (B) the Secretary has been released from liability as to 
  the loan and, if the Secretary has suffered a loss on the loan, the 
 loss has been paid in full. The Secretary may, in any case involving 
circumstances the Secretary deems appropriate, waive one or more of the 
conditions prescribed in paragraph (1). The authority of the Secretary 
  under this subsection to exclude an amount of guaranty or insurance 
housing loan entitlement previously used by a veteran may be exercised 
only once for that veteran under the authority of paragraph (4). (c) An 
honorable discharge shall be deemed to be a certificate of eligibility 
    to apply for a guaranteed loan. Any veteran who does not have a 
     discharge certificate, or who received a discharge other than 
honorable, may apply to the Secretary for a certificate of eligibility. 
Upon making a loan guaranteed or insured under this chapter, the lender 
  shall forthwith transmit to the Secretary a report thereon in such 
 detail as the Secretary may, from time to time, prescribe. Where the 
loan is guaranteed, the Secretary shall provide the lender with a loan 
 guaranty certificate or other evidence of the guaranty. The Secretary 
 shall also endorse on the veterans discharge, or eligibility 
 certificate, the amount and type of guaranty used, and the amount, if 
 any, remaining. Nothing in this chapter shall preclude the assignment 
of any guaranteed loan or the security therefor. (d) Housing loans will 
be automatically guaranteed under this chapter only if made (1) by any 
 Federal land bank, national bank, State bank, private bank, building 
and loan association, insurance company, credit union, or mortgage and 
  loan company, that is subject to examination and supervision by an 
 agency of the United States or of any State, or (2) by any State, or 
   (3) by any lender approved by the Secretary pursuant to standards 
established by the Secretary. Any housing loan proposed to be made to a 
veteran pursuant to this chapter by any lender not of a class specified 
  in the preceding sentence may be guaranteed by the Secretary if the 
 Secretary finds that it is in accord otherwise with the provisions of 
      this chapter. (e) The Secretary may at any time upon thirty 
days notice require housing loans to be made by any lender or 
 class of lenders to be submitted to the Secretary for prior approval. 
No guaranty or insurance liability shall exist with respect to any such 
    loan unless evidence of guaranty or insurance is issued by the 
    Secretary. (f) Any housing loan at least 20 percent of which is 
   guaranteed under this chapter may be made by any national bank or 
 Federal savings and loan association, or by any bank, trust company, 
   building and loan association, or insurance company, organized or 
 authorized to do business in the District of Columbia. Any such loan 
 may be so made without regard to the limitations and restrictions of 
any other law relating to (1) ratio of amount of loan to the value 
of the property; (2) maturity of loan; (3) requirement for mortgage or 
other security; (4) dignity of lien; or (5) percentage of assets which 
may be invested in real estate loans. (Pub. L. 85857, Sept. 2, 
1958, 72 Stat. 1203, Sec. 1802; Pub. L. 8673, Sec. 1, June 30, 
1959, 73 Stat. 156; Pub. L. 8784, Sec. 1(b), July 6, 1961, 75 
 Stat. 201; Pub. L. 9019, Sec. 25(1), May 25, 1967, 81 Stat. 
  28; Pub. L. 9077, title IV, Sec. 403(a), Aug. 31, 1967, 81 
 Stat. 190; Pub. L. 91506, Sec. 2(a), Oct. 23, 1970, 84 Stat. 
1108; Pub. L. 91584, Sec. 5(b), Dec. 24, 1970, 84 Stat. 1576; 
 Pub. L. 93569, Sec. 2(a), (b), Dec. 31, 1974, 88 Stat. 1863; 
Pub. L. 94324, Sec. 7(3)(5), June 30, 1976, 90 Stat. 
721; Pub. L. 95476, title I, Sec. 102, Oct. 18, 1978, 92 Stat. 
 1497; Pub. L. 9772, title III, Sec. 303(b), Nov. 3, 1981, 95 
Stat. 1060; Pub. L. 97295, Sec. 4(61), Oct. 12, 1982, 96 Stat. 
  1309; Pub. L. 98223, title II, Sec. 204, Mar. 2, 1984, 98 
 Stat. 42; Pub. L. 100322, title IV, Sec. 415(a)(1), (2), May 
20, 1988, 102 Stat. 549, 550; Pub. L. 101237, title III, Sec. 
     310, 313(b)(1), Dec. 18, 1989, 103 Stat. 2075, 2077; Pub. L. 
 10225, title III, Sec. 341, Apr. 6, 1991, 105 Stat. 92; Pub. 
  L. 10240, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 
  239; renumbered Sec. 3702 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102547, 
 Sec. 2(a)(2), Oct. 28, 1992, 106 Stat. 3633; Pub. L. 103446, 
title IX, Sec. 902, title XII, Sec. 1201(f)(4), Nov. 2, 1994, 108 Stat. 
 4676, 4687; Pub. L. 105368, title VI, Sec. 603(a), Nov. 11, 
  1998, 112 Stat. 3348; Pub. L. 106117, title VII, Sec. 711, 
Nov. 30, 1999, 113 Stat. 1584; Pub. L. 107103, title IV, Sec. 
 405(a), Dec. 27, 2001, 115 Stat. 993; Pub. L. 108183, title 
IV, Sec. 403, Dec. 16, 2003, 117 Stat. 2664; Pub. L. 110 317, 
  Sec. 6(a), Aug. 29, 2008, 122 Stat. 3528.) ' 3703. Basic provisions 
relating to loan guaranty and insurance (a)(1)(A) Any loan to a veteran 
   eligible for benefits under this chapter, if made for any of the 
purposes specified in section 3710 of this title and in compliance with 
  the provisions of this chapter, is automatically guaranteed by the 
 United States in an amount not to exceed the lesser of (i)(I) in 
the case of any loan of not more than $45,000, 50 percent of the loan; 
 (II) in the case of any loan of more than $45,000, but not more than 
 $56,250, $22,500; (III) except as provided in subclause (IV) of this 
  clause, in the case of any loan of more than $56,250, the lesser of 
 $36,000 or 40 percent of the loan; or (IV) in the case of any loan of 
  more than $144,000 for a purpose specified in clause (1), (2), (3), 
 (5), (6), or (8) of section 3710(a) of this title, the lesser of the 
maximum guaranty amount (as defined in subparagraph (C)) or 25 percent 
    of the loan; or (ii) the maximum amount of guaranty entitlement 
   available to the veteran as specified in subparagraph (B) of this 
paragraph. (B) The maximum amount of guaranty entitlement available to 
a veteran for purposes specified in section 3710 of this title shall be 
$36,000, or in the case of a loan described in subparagraph (A)(i)(IV) 
     of this paragraph, the maximum guaranty amount (as defined in 
subparagraph (C)), reduced by the amount of entitlement previously used 
 by the veteran under this chapter and not restored as a result of the 
exclusion in section 3702(b) of this title. (C) In this paragraph, the 
 term maximum guaranty amount means the 
dollar amount that is equal to 25 percent of the Freddie Mac conforming 
loan limit limitation determined under section 305(a)(2) of the Federal 
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-
family residence, as adjusted for the year involved. (2)(A) Any housing 
 loan which might be guaranteed under the provisions of this chapter, 
    when made or purchased by any financial institution subject to 
 examination and supervision by any agency of the United States or of 
 any State may, in lieu of such guaranty, be insured by the Secretary 
   under an agreement whereby the Secretary will reimburse any such 
institution for losses incurred on such loan up to 15 per centum of the 
aggregate of loans so made or purchased by it. (B) Loans insured under 
    this section shall be made on such other terms, conditions, and 
restrictions as the Secretary may prescribe within the limitations set 
forth in this chapter. (b) The liability of the United States under any 
  guaranty, within the limitations of this chapter, shall decrease or 
 increase pro rata with any decrease or increase of the amount of the 
 unpaid portion of the obligation. (c)(1) Loans guaranteed or insured 
 under this chapter shall be payable upon such terms and conditions as 
may be agreed upon by the parties thereto, subject to the provisions of 
 this chapter and regulations of the Secretary issued pursuant to this 
  chapter, and shall bear interest not in excess of such rate as the 
 Secretary may from time to time find the loan market demands, except 
 that in establishing the rate of interest that shall be applicable to 
 such loans, the Secretary shall consult with the Secretary of Housing 
and Urban Development regarding the rate of interest applicable to home 
  loans insured under section 203(b) of the National Housing Act (12 
U.S.C. 1709(b)). In establishing rates of interest under this paragraph 
  for one or more of the purposes described in clauses (4) and (7) of 
 section 3710(a) of this title, the Secretary may establish a rate or 
  rates higher than the rate specified for other purposes under such 
 section, but any such rate may not exceed such rate as the Secretary 
 may from time to time find the loan market demands for loans for such 
 purposes. (2) The provisions of the Servicemens Readjustment 
Act of 1944 which were in effect before April 1, 1958, with respect to 
  the interest chargeable on loans made or guaranteed under such Act 
    shall, notwithstanding the provisions of paragraph (1) of this 
  subsection, continue to be applicable (A) to any loan made or 
 guaranteed before April 1, 1958; and (B) to any loan with respect to 
   which a commitment to guarantee was entered into by the Secretary 
   before April 1, 1958. (3) This section shall not be construed to 
  prohibit a veteran from paying to a lender any reasonable discount 
  required by such lender, when the proceeds from the loan are to be 
used (A) to refinance indebtedness pursuant to clause (5), (8), or 
(9)(B)(i) of section 3710(a) of this title or section 3712(a)(1)(F) of 
this title; (B) to repair, alter, or improve a farm residence or other 
  dwelling pursuant to clauses (4) and (7) of section 3710(a) of this 
 title; (C) to construct a dwelling or farm residence on land already 
    owned or to be acquired by the veteran except where the land is 
  directly or indirectly acquired from a builder or developer who has 
contracted to construct such dwelling for the veteran; (D) to purchase 
 a dwelling from a class of sellers which the Secretary determines are 
 legally precluded under all circumstances from paying such a discount 
   if the best interest of the veteran would be so served; or (E) to 
refinance indebtedness and purchase a manufactured-home lot pursuant to 
section 3710(a)(9)(B)(ii) or 3712(a)(1)(G) of this title, but only with 
      respect to that portion of the loan used to refinance such 
   indebtedness. (4)(A) In guaranteeing or insuring loans under this 
  chapter, the Secretary may elect whether to require that such loans 
bear interest at a rate that is (i) agreed upon by the veteran and 
 the mortgagee; or (ii) established under paragraph (1). The Secretary 
 may, from time to time, change the election under this subparagraph. 
(B) Any veteran, under a loan described in subparagraph (A)(i), may pay 
 reasonable discount points in connection with the loan. Except in the 
    case of a loan for the purpose specified in section 3710(a)(8), 
3710(b)(7), or 3712(a)(1)(F) of this title, discount points may not be 
   financed as part of the principal amount of a loan guaranteed or 
    insured under this chapter. (C) Not later than 10 days after an 
 election under subparagraph (A), the Secretary shall transmit to the 
  Committees on Veterans Affairs of the Senate and House of 
   Representatives a notification of the election, together with an 
explanation of the reasons therefor. (d)(1) The maturity of any housing 
loan at the time of origination shall not be more than thirty years and 
  thirty-two days. (2)(A) Any loan for a term of more than five years 
 shall be amortized in accordance with established procedure. (B) The 
  Secretary may guarantee loans with provisions for various rates of 
amortization corresponding to anticipated variations in family income. 
 With respect to any loan guaranteed under this subparagraph (i) 
the initial principal amount of the loan may not exceed the reasonable 
  value of the property as of the time the loan is made; and (ii) the 
 principal amount of the loan thereafter (including the amount of all 
interest to be deferred and added to principal) may not at any time be 
 scheduled to exceed the projected value of the property. (C) For the 
purposes of subparagraph (B) of this paragraph, the projected value of 
  the property shall be calculated by the Secretary by increasing the 
 reasonable value of the property as of the time the loan is made at a 
  rate not in excess of 2.5 percent per year, but in no event may the 
 projected value of the property for the purposes of such subparagraph 
exceed 115 percent of such reasonable value. A loan made for a purpose 
other than the acquisition of a single-family dwelling unit may not be 
 guaranteed under such subparagraph. (3) Any real estate housing loan 
(other than for repairs, alterations, or improvements) shall be secured 
 by a first lien on the realty. In determining whether a loan for the 
  purchase or construction of a home is so secured, the Secretary may 
 disregard a superior lien created by a duly recorded covenant running 
with the realty in favor of a private entity to secure an obligation to 
   such entity for the homeowners share of the costs of the 
management, operation, or maintenance of property, services or programs 
within and for the benefit of the development or community in which the 
 veterans realty is located, if the Secretary determines that 
the interests of the veteran borrower and of the Government will not be 
 prejudiced by the operation of such covenant. In respect to any such 
superior lien to be created after June 6, 1969, the Secretarys 
   determination must have been made prior to the recordation of the 
     covenant. (e)(1) Except as provided in paragraph (2) of this 
  subsection, an individual who pays a fee under section 3729 of this 
 title, or who is exempted under section 3729(c)(1) of this title from 
 paying such fee, with respect to a housing loan guaranteed or insured 
 under this chapter that is closed after December 31, 1989, shall have 
  no liability to the Secretary with respect to the loan for any loss 
  resulting from any default of such individual except in the case of 
fraud, misrepresentation, or bad faith by such individual in obtaining 
the loan or in connection with the loan default. (2) The exemption from 
liability provided by paragraph (1) of this subsection shall not apply 
   to (A) an individual from whom a fee is collected (or who is 
 exempted from such fee) under section 3729(b)(2)(I) of this title; or 
   (B) a loan made for any purpose specified in section 3712 of this 
title. (f) The application for or obtaining of a loan made, insured, or 
    guaranteed under this chapter shall not be subject to reporting 
   requirements applicable to requests for, or receipts of, Federal 
     contracts, grants, loans, loan guarantees, loan insurance, or 
cooperative agreements except to the extent that such requirements are 
provided for in, or by the Secretary pursuant to, this title. (Pub. L. 
85857, Sept. 2, 1958, 72 Stat. 1205, 1212, Sec. 1803; Pub. L. 
      8673, Sec. 2, June 30, 1959, 73 Stat. 156; Pub. L. 
     86665, Sec. 1, July 14, 1960, 74 Stat. 531; Pub. L. 
     8784, Sec. 1(a), July 6, 1961, 75 Stat. 201; Pub. L. 
     89358, Sec. 5(d), Mar. 3, 1966, 80 Stat. 26; Pub. L. 
9077, title IV, Sec. 403(b), Aug. 31, 1967, 81 Stat. 190; Pub. 
     L. 9122, Sec. 4, June 6, 1969, 83 Stat. 32; Pub. L. 
 91506, Sec. 2(b), (c), Oct. 23, 1970, 84 Stat. 1108; Pub. L. 
  9375, July 26, 1973, 87 Stat. 176; Pub. L. 93569, 
 Sec. 2(c), 8(1)(5), Dec. 31, 1974, 88 Stat. 1863, 1866; Pub. 
 L. 94324, Sec. 7(6), (16), June 30, 1976, 90 Stat. 721; Pub. 
  L. 95476, title I, Sec. 103, Oct. 18, 1978, 92 Stat. 1498; 
  Pub. L. 96385, title IV, Sec. 401(c)(1), Oct. 7, 1980, 94 
Stat. 1533; Pub. L. 9766, title V, Sec. 501(a), Oct. 17, 1981, 
  95 Stat. 1031; Pub. L. 97 72, title III, Sec. 303(c), (e), 
Nov. 3, 1981, 95 Stat. 1060; Pub. L. 97295, Sec. 4(61), (63), 
 Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97306, title IV, Sec. 
406(b), Oct. 14, 1982, 96 Stat. 1444; Pub. L. 98223, title II, 
 Sec. 205(c), Mar. 2, 1984, 98 Stat. 43; Pub. L. 100198, Sec. 
 3(a)(1), Dec. 21, 1987, 101 Stat. 1315; Pub. L. 100253, Sec. 
 3(a), Feb. 29, 1988, 102 Stat. 20; Pub. L. 100322, title IV, 
        Sec. 415(a)(3), (c)(2), (d)(1), May 20, 1988, 102 Stat. 
   550552; Pub. L. 101237, title III, Sec. 304(a), 
306(a), 313(b)(1), (6), Dec. 18, 1989, 103 Stat. 2073, 2074, 2077; Pub. 
    L. 10254, Sec. 4(b), 6, June 13, 1991, 105 Stat. 268; 
 renumbered Sec. 3703 and amended Pub. L. 102 83, Sec. 5(a), 
  (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102547, Sec. 
 10(a), Oct. 28, 1992, 106 Stat. 3643; Pub. L. 10378, Sec. 6, 
Aug. 13, 1993, 107 Stat. 769; Pub. L. 103353, Sec. 7, Oct. 13, 
 1994, 108 Stat. 3175; Pub. L. 104110, title I, Sec. 101(d), 
 Feb. 10, 1996, 110 Stat. 768; Pub. L. 107103, title IV, Sec. 
401, Dec. 27, 2001, 115 Stat. 993; Pub. L. 107330, title III, 
Sec. 308(f)(1), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108454, 
title IV, Sec. 403, Dec. 10, 2004, 118 Stat. 3616; Pub. L. 110 
   389, title V, Sec. 504(a), Oct. 10, 2008, 122 Stat. 4176; Pub. L. 
 11122, div. A, title I, Sec. 102(a), May 20, 2009, 123 Stat. 
 1636.) ' 3704. Restrictions on loans (a) No loan for the purchase or 
  construction of residential property shall be financed through the 
assistance of this chapter unless the property meets or exceeds minimum 
  requirements for planning, construction, and general acceptability 
 prescribed by the Secretary; however, this subsection shall not apply 
      to a loan for the purchase of residential property on which 
construction is fully completed more than one year before such loan is 
    made. (b) Subject to notice and opportunity for a hearing, the 
Secretary may refuse to appraise any dwelling or housing project owned, 
 sponsored, or to be constructed by any person identified with housing 
previously sold to veterans under this chapter as to which substantial 
  deficiencies have been discovered, or as to which there has been a 
failure or indicated inability to discharge contractual liabilities to 
veterans, or as to which it is ascertained that the type of contract of 
 sale or the methods or practices pursued in relation to the marketing 
    of such properties were unfair or unduly prejudicial to veteran 
 purchasers. The Secretary may also refuse to appraise any dwelling or 
 housing project owned, sponsored, or to be constructed by any person 
 refused the benefits of participation under the National Housing Act 
   pursuant to a determination of the Secretary of Housing and Urban 
    Development. (c)(1) Except as provided in paragraph (2) of this 
  subsection, no loan for the purchase or construction of residential 
   property shall be financed through the assistance of this chapter 
unless the veteran applicant, at the time that the veteran applies for 
 the loan, and also at the time that the loan is closed, certifies in 
  such form as the Secretary may require, that the veteran intends to 
 occupy the property as the veterans home. Except as provided 
     in paragraph (2) of this subsection, no loan for the repair, 
 alteration, or improvement of residential property shall be financed 
  through the assistance of the provisions of this chapter unless the 
 veteran applicant, at the time that the veteran applies to the lender 
for the loan, and also at the time that the loan is closed, certifies, 
  in such form as may be required by the Secretary, that the veteran 
 occupies the property as the veterans home. Notwithstanding 
  the foregoing provisions of this subsection, in the case of a loan 
   automatically guaranteed under this chapter, the veteran shall be 
required to make the certification only at the time the loan is closed. 
   For the purposes of this chapter the requirement that the veteran 
recipient of a guaranteed or direct home loan must occupy or intend to 
   occupy the property as the veterans home means that the 
veteran as of the date of the veterans certification actually 
lives in the property personally as the veterans residence or 
  actually intends upon completion of the loan and acquisition of the 
dwelling unit to move into the property personally within a reasonable 
 time and to utilize such property as the veterans residence. 
  Notwithstanding the foregoing requirements of this subsection, the 
  provisions for certification by the veteran at the time the veteran 
   applies for the loan and at the time the loan is closed shall be 
considered to be satisfied if the Secretary finds that (1) in the case 
 of a loan for repair, alteration, or improvement the veteran in fact 
did occupy the property at such times, or (2) in the case of a loan for 
construction or purchase the veteran intended to occupy the property as 
the veterans home at such times and the veteran did in fact so 
occupy it when, or within a reasonable time after, the loan was closed. 
(2) In any case in which a veteran is in active duty status as a member 
of the Armed Forces and is unable to occupy a property because of such 
 status, the occupancy requirements of (A) paragraph (1) of this 
subsection; (B) paragraphs (1) through (5) and paragraph (7) of section 
3710(a) of this title; (C) section 3712(a)(5)(A)(i) of this title; and 
    (D) section 3712(e)(5) of this title; shall be considered to be 
  satisfied if the spouse of the veteran occupies the property as the 
 spouses home and the spouse makes the certification required 
    by paragraph (1) of this subsection. (d) Subject to notice and 
opportunity for a hearing, whenever the Secretary finds with respect to 
  guaranteed or insured loans that any lender or holder has failed to 
  maintain adequate loan accounting records, or to demonstrate proper 
   ability to service loans adequately or to exercise proper credit 
judgment or has willfully or negligently engaged in practices otherwise 
   detrimental to the interest of veterans or of the Government, the 
Secretary may refuse either temporarily or permanently to guarantee or 
insure any loans made by such lender or holder and may bar such lender 
    or holder from acquiring loans guaranteed or insured under this 
 chapter; however, the Secretary shall not refuse to pay a guaranty or 
insurance claim on loans theretofore entered into in good faith between 
    a veteran and such lender. The Secretary may also refuse either 
 temporarily or permanently to guarantee or insure any loans made by a 
   lender or holder refused the benefits of participation under the 
 National Housing Act pursuant to a determination of the Secretary of 
 Housing and Urban Development. (e) Any housing loan which is financed 
  through the assistance of this chapter and to which section 3714 of 
    this chapter applies shall include a provision that the loan is 
immediately due and payable upon transfer of the property securing such 
 loan to any transferee unless the acceptability of the assumption of 
 the loan is established pursuant to such section 3714. (f) A loan for 
     the purchase or construction of new residential property, the 
construction of which began after the energy efficiency standards under 
 section 109 of the Cranston-Gonzalez National Affordable Housing Act 
 (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy 
Act of 1992, take effect, may not be financed through the assistance of 
  this chapter unless the new residential property is constructed in 
compliance with such standards. (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1206, Sec. 1804; Pub. L. 8673, Sec. 3, June 30, 1959, 
 73 Stat. 156; Pub. L. 86665, Sec. 5, July 14, 1960, 74 Stat. 
 532; Pub. L. 89117, title II, Sec. 217(b), Aug. 10, 1965, 79 
 Stat. 473; Pub. L. 9019, Sec. 25(2), May 25, 1967, 81 Stat. 
 28; Pub. L. 91506, Sec. 2(d), Oct. 23, 1970, 84 Stat. 1108; 
 Pub. L. 93569, Sec. 2(d), (e), Dec. 31, 1974, 88 Stat. 1863, 
1864; Pub. L. 94 324, Sec. 7(7), (8), June 30, 1976, 90 Stat. 
721; Pub. L. 97295, Sec. 4(64), Oct. 12, 1982, 96 Stat. 1309; 
Pub. L. 100198, Sec. 8(a)(1), 10(b), Dec. 21, 1987, 101 Stat. 
1319, 1323; Pub. L. 100322, title IV, Sec. 415(c)(3), May 20, 
     1988, 102 Stat. 551; Pub. L. 101237, title III, Sec. 
  313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3704 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 102486, title I, Sec. 101(c)(2), Oct. 24, 
  1992, 106 Stat. 2787; Pub. L. 103 446, title IX, Sec. 903, 
  Nov. 2, 1994, 108 Stat. 4676.) ' 3705. Warranties (a) The Secretary 
shall require that in connection with any property upon which there is 
located a dwelling designed principally for not more than a four-family 
 residence and which is appraised for guaranty or insurance before the 
beginning of construction, the seller or builder, and such other person 
as may be required by the Secretary to become warrantor, shall deliver 
to the purchaser or owner of such property a warranty that the dwelling 
      is constructed in substantial conformity with the plans and 
   specifications (including any amendments thereof, or changes and 
    variations therein, which have been approved in writing by the 
    Secretary) on which the Secretary based the Secretarys 
valuation of the dwelling. The Secretary shall deliver to the builder, 
  seller, or other warrantor the Secretarys written approval 
(which shall be conclusive evidence of such appraisal) of any amendment 
of, or change or variation in, such plans and specifications which the 
  Secretary deems to be a substantial amendment thereof, or change or 
variation therein, and shall file a copy of such written approval with 
  such plans and specifications. Such warranty shall apply only with 
respect to such instances of substantial nonconformity to such approved 
plans and specifications (including any amendments thereof, or changes 
or variations therein, which have been approved in writing, as provided 
 in this section, by the Secretary) as to which the purchaser or home 
 owner has given written notice to the warrantor within one year from 
   the date of conveyance of title to, or initial occupancy of, the 
 dwelling, whichever first occurs. Such warranty shall be in addition 
  to, and not in derogation of, all other rights and privileges which 
such purchaser or owner may have under any other law or instrument. The 
provisions of this section shall apply to any such property covered by 
a mortgage insured or guaranteed by the Secretary on and after October 
 1, 1954, unless such mortgage is insured or guaranteed pursuant to a 
  commitment therefor made before October 1, 1954. (b) The Secretary 
shall permit copies of the plans and specifications (including written 
approvals of any amendments thereof, or changes or variations therein, 
  as provided in this section) for dwellings in connection with which 
 warranties are required by subsection (a) of this section to be made 
  available in their appropriate local offices for inspection or for 
copying by any purchaser, home owner, or warrantor during such hours or 
periods of time as the Secretary may determine to be reasonable. (Pub. 
  L. 85857, Sept. 2, 1958, 72 Stat. 1206, Sec. 1805; Pub. L. 
    94324, Sec. 7(9), June 30, 1976, 90 Stat. 721; Pub. L. 
 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 
 2077; Pub. L. 10254, Sec. 15(a)(1), June 13, 1991, 105 Stat. 
 288; renumbered Sec. 3705, Pub. L. 10283, Sec. 5(a), Aug. 6, 
    1991, 105 Stat. 406; Pub. L. 103 446, title XII, Sec. 
 1202(a)(2), Nov. 2, 1994, 108 Stat. 4689.) ' 3706. Escrow of deposits 
  and downpayments (a) Any deposit or downpayment made by an eligible 
     veteran in connection with the purchase of proposed or newly 
constructed and previously unoccupied residential property in a project 
 on which the Secretary has issued a Certificate of Reasonable Value, 
 which purchase is to be financed with a loan guaranteed, insured, or 
made under the provisions of this chapter, shall be deposited forthwith 
 by the seller, or the agent of the seller, receiving such deposit or 
 payment, in a trust account to safeguard such deposit or payment from 
the claims of creditors of the seller. The failure of the seller or the 
sellers agent to create such trust account and to maintain it 
until the deposit or payment has been disbursed for the benefit of the 
    veteran purchaser at settlement or, if the transaction does not 
 materialize, is otherwise disposed of in accordance with the terms of 
 the contract, may constitute an unfair marketing practice within the 
 meaning of section 3704(b) of this title. (b) If an eligible veteran 
contracts for the construction of a property in a project on which the 
    Secretary has issued a Certificate of Reasonable Value and such 
 construction is to be financed with the assistance of a construction 
 loan to be guaranteed, insured, or made under the provisions of this 
   chapter, it may be considered an unfair marketing practice under 
  section 3704(b) of this title if any deposit or downpayment of the 
 veteran is not maintained in a special trust account by the recipient 
until it is either (1) applied on behalf of the veteran to the cost of 
the land or to the cost of construction or (2), if the transaction does 
not materialize, is otherwise disposed of in accordance with the terms 
  of the contract. (Added Pub. L. 86665, Sec. 6(a), July 14, 
  1960, 74 Stat. 532, Sec. 1806; amended Pub. L. 94324, Sec. 
7(10), June 30, 1976, 90 Stat. 721; Pub. L. 101237, title III, 
Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3706 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 103446, title XII, Sec. 1201(e)(13), Nov. 
  2, 1994, 108 Stat. 4685.) ' 3707. Adjustable rate mortgages (a) The 
 Secretary shall carry out a demonstration project under this section 
 during fiscal years 1993 through 2012 for the purpose of guaranteeing 
   loans in a manner similar to the manner in which the Secretary of 
 Housing and Urban Development insures adjustable rate mortgages under 
 section 251 of the National Housing Act. (b) Interest rate adjustment 
 provisions of a mortgage guaranteed under this section shall (1) 
correspond to a specified national interest rate index approved by the 
  Secretary, information on which is readily accessible to mortgagors 
 from generally available published sources; (2) be made by adjusting 
the monthly payment on an annual basis; (3) be limited, with respect to 
 any single annual interest rate adjustment, to a maximum increase or 
 decrease of 1 percentage point; and (4) be limited, over the term of 
 the mortgage, to a maximum increase of 5 percentage points above the 
  initial contract interest rate. (c) The Secretary shall promulgate 
underwriting standards for loans guaranteed under this section, taking 
into account (1) the status of the interest rate index referred to 
in subsection (b)(1) and available at the time an underwriting decision 
 is made, regardless of the actual initial rate offered by the lender; 
 (2) the maximum and likely amounts of increases in mortgage payments 
that the loans would require; (3) the underwriting standards applicable 
  to adjustable rate mortgages insured under title II of the National 
    Housing Act; and (4) such other factors as the Secretary finds 
 appropriate. (d) The Secretary shall require that the mortgagee make 
available to the mortgagor, at the time of loan application, a written 
explanation of the features of the adjustable rate mortgage, including 
  a hypothetical payment schedule that displays the maximum potential 
  increases in monthly payments to the mortgagor over the first five 
   years of the mortgage term. (Added Pub. L. 102547, Sec. 
3(a)(1), Oct. 28, 1992, 106 Stat. 3634; amended Pub. L. 10378, 
 Sec. 7, Aug. 13, 1993, 107 Stat. 769; Pub. L. 108454, title 
 IV, Sec. 404, Dec. 10, 2004, 118 Stat. 3616; Pub. L. 110389, 
 title V, Sec. 505(a), Oct. 10, 2008, 122 Stat. 4176.) ' 3707A. Hybrid 
     adjustable rate mortgages (a) The Secretary shall carry out a 
   demonstration project under this section during fiscal years 2004 
through 2012 for the purpose of guaranteeing loans in a manner similar 
 to the manner in which the Secretary of Housing and Urban Development 
  insures adjustable rate mortgages under section 251 of the National 
  Housing Act in accordance with the provisions of this section with 
  respect to hybrid adjustable rate mortgages described in subsection 
   (b). (b) Adjustable rate mortgages that are guaranteed under this 
  section shall be adjustable rate mortgages (commonly referred to as 
hybrid adjustable rate mortgages) having 
 interest rate adjustment provisions that (1) specify an initial 
rate of interest that is fixed for a period of not less than the first 
three years of the mortgage term; (2) provide for an initial adjustment 
   in the rate of interest by the mortgagee at the end of the period 
described in paragraph (1); and (3) comply in such initial adjustment, 
 and any subsequent adjustment, with subsection (c). (c) Interest rate 
   adjustment provisions of a mortgage guaranteed under this section 
 shall (1) correspond to a specified national interest rate index 
 approved by the Secretary, information on which is readily accessible 
 to mortgagors from generally available published sources; (2) be made 
by adjusting the monthly payment on an annual basis; (3) in the case of 
 the initial contract interest rate adjustment (A) if the initial 
contract interest rate remained fixed for less than 5 years, be limited 
to a maximum increase or decrease of 1 percentage point; or (B) if the 
 initial contract interest rate remained fixed for 5 years or more, be 
 limited to a maximum increase or decrease of such percentage point or 
 points as the Secretary may prescribe; (4) in the case of any single 
  annual interest rate adjustment after the initial contract interest 
 rate adjustment, be limited to a maximum increase or decrease of such 
 percentage points as the Secretary may prescribe; and (5) be limited, 
over the term of the mortgage, to a maximum increase of such number of 
percentage points as the Secretary shall prescribe for purposes of this 
section. (d) The Secretary shall promulgate underwriting standards for 
 loans guaranteed under this section, taking into account (1) the 
status of the interest rate index referred to in subsection (c)(1) and 
 available at the time an underwriting decision is made, regardless of 
  the actual initial rate offered by the lender; (2) the maximum and 
 likely amounts of increases in mortgage payments that the loans would 
 require; (3) the underwriting standards applicable to adjustable rate 
 mortgages insured under title II of the National Housing Act; and (4) 
    such other factors as the Secretary finds appropriate. (e) The 
   Secretary shall require that the mortgagee make available to the 
 mortgagor, at the time of loan application, a written explanation of 
the features of the adjustable rate mortgage, including a hypothetical 
   payment schedule that displays the maximum potential increases in 
  monthly payments to the mortgagor over the first five years of the 
mortgage term. (Added Pub. L. 107330, title III, Sec. 303(a), 
 Dec. 6, 2002, 116 Stat. 2825; amended Pub. L. 108454, title 
     IV, Sec. 405(a), (b), Dec. 10, 2004, 118 Stat. 3616; Pub. L. 
109233, title I, Sec. 102, June 15, 2006, 120 Stat. 399; Pub. 
  L. 110389, title V, Sec. 505(b), Oct. 10, 2008, 122 Stat. 
4176.) ' 3708. Authority to buy down interest rates: pilot program (a) 
In order to enable the purchase of housing in areas where the supply of 
 suitable military housing is inadequate, the Secretary may conduct a 
 pilot program under which the Secretary may make periodic or lump sum 
assistance payments on behalf of an eligible veteran for the purpose of 
    buying down the interest rate on a loan to that veteran that is 
guaranteed under this chapter for a purpose described in paragraph (1), 
(6), or (10) of section 3710(a) of this title. (b) An individual is an 
   eligible veteran for the purposes of this section if (1) the 
   individual is a veteran, as defined in section 3701(b)(4) of this 
title; (2) the individual submits an application for a loan guaranteed 
 under this chapter within one year of an assignment of the individual 
 to duty at a military installation in the United States designated by 
 the Secretary of Defense as a housing shortage area; (3) at the time 
 the loan referred to in subsection (a) is made, the individual is an 
 enlisted member, warrant officer, or an officer (other than a warrant 
  officer) at a pay grade of O-3 or below; (4) the individual has not 
previously used any of the individuals entitlement to housing 
   loan benefits under this chapter; and (5) the individual receives 
    comprehensive prepurchase counseling from the Secretary (or the 
    designee of the Secretary) before making application for a loan 
  guaranteed under this chapter. (c) Loans with respect to which the 
  Secretary may exercise the buy down authority under subsection (a) 
  shall (1) provide for a buy down period of not more than three 
   years in duration; (2) specify the maximum and likely amounts of 
increases in mortgage payments that the loans would require; and (3) be 
    subject to such other terms and conditions as the Secretary may 
      prescribe by regulation. (d) The Secretary shall promulgate 
underwriting standards for loans for which the interest rate assistance 
  payments may be made under subsection (a). Such standards shall be 
  based on the interest rate for the second year of the loan. (e) The 
Secretary or lender shall provide comprehensive prepurchase counseling 
to eligible veterans explaining the features of interest rate buy downs 
 under subsection (a), including a hypothetical payment schedule that 
 displays the increases in monthly payments to the mortgagor over the 
    first five years of the mortgage term. For the purposes of this 
      subsection, the Secretary may assign personnel to military 
installations referred to in subsection (b)(2). (f) There is authorized 
 to be appropriated $3,000,000 annually to carry out this section. (g) 
    The Secretary may not guarantee a loan under this chapter after 
    September 30, 1998, on which the Secretary is obligated to make 
 payments under this section. (Added Pub. L. 104106, div. B, 
     title XXVIII, Sec. 2822(b)(1), Feb. 10, 1996, 110 Stat. 556.) 
 SUBCHAPTER IILOANS ' 3710. Purchase or construction of homes (a) 
 Except as provided in section 3704(c)(2) of this title, any loan to a 
    veteran, if made pursuant to the provisions of this chapter, is 
    automatically guaranteed if such loan is for one or more of the 
following purposes: (1) To purchase or construct a dwelling to be owned 
and occupied by the veteran as a home. (2) To purchase a farm on which 
 there is a farm residence to be owned and occupied by the veteran as 
   the veterans home. (3) To construct on land owned by the 
     veteran a farm residence to be occupied by the veteran as the 
    veterans home. (4) To repair, alter, or improve a farm 
 residence or other dwelling owned by the veteran and occupied by the 
   veteran as the veterans home. (5) To refinance existing 
mortgage loans or other liens which are secured of record on a dwelling 
      or farm residence owned and occupied by the veteran as the 
 veterans home. (6) To purchase a one-family residential unit 
in a condominium housing development or project, if such development or 
project is approved by the Secretary under criteria which the Secretary 
   shall prescribe in regulations. (7) To improve a dwelling or farm 
   residence owned by the veteran and occupied by the veteran as the 
   veterans home through energy efficiency improvements, as 
    provided in subsection (d). (8) To refinance in accordance with 
subsection (e) of this section an existing loan guaranteed, insured, or 
 made under this chapter. (9)(A)(i) To purchase a manufactured home to 
 be permanently affixed to a lot that is owned by the veteran. (ii) To 
   purchase a manufactured home and a lot to which the home will be 
permanently affixed. (B)(i) To refinance, in accordance with the terms 
  and conditions applicable under the provisions of subsection (e) of 
 this section (other than paragraph (1)(E) of such subsection) to the 
  guaranty of a loan for the purpose specified in clause (8) of this 
 subsection, an existing loan guaranteed, insured, or made under this 
chapter that is secured by a manufactured home permanently affixed to a 
lot that is owned by the veteran. (ii) To refinance, in accordance with 
 section 3712(a)(5) of this title, an existing loan that was made for 
 the purchase of, and that is secured by, a manufactured home that is 
   permanently affixed to a lot and to purchase the lot to which the 
 manufactured home is affixed. (10) To purchase a dwelling to be owned 
   and occupied by the veteran as a home and make energy efficiency 
   improvements, as provided in subsection (d). (11) To refinance in 
accordance with subsection (e) an existing loan guaranteed, insured, or 
made under this chapter, and to improve the dwelling securing such loan 
through energy efficiency improvements, as provided in subsection (d). 
(12) With respect to a loan guaranteed after the date of the enactment 
  of this paragraph and before the date that is five years after that 
    date, to purchase stock or membership in a cooperative housing 
  corporation for the purpose of entitling the veteran to occupy for 
 dwelling purposes a single family residential unit in a development, 
     project, or structure owned or leased by such corporation, in 
 accordance with subsection (h). If there is an indebtedness which is 
secured by a lien against land owned by the veteran, the proceeds of a 
 loan guaranteed under this section or made under section 3711 of this 
title for construction of a dwelling or farm residence on such land may 
 be used also to liquidate such lien, but only if the reasonable value 
of the land is equal to or greater than the amount of the lien. (b) No 
loan may be guaranteed under this section or made under section 3711 of 
 this title unless (1) the proceeds of such loan will be used to 
   pay for the property purchased, constructed, or improved; (2) the 
 contemplated terms of payment required in any mortgage to be given in 
  part payment of the purchase price or the construction cost bear a 
proper relation to the veterans present and anticipated income 
    and expenses; (3) the veteran is a satisfactory credit risk, as 
    determined in accordance with the credit underwriting standards 
established pursuant to subsection (g) of this section; (4) the nature 
 and condition of the property is such as to be suitable for dwelling 
 purposes; (5) except in the case of a loan described in clause (7) or 
  (8) of this subsection, the loan to be paid by the veteran for such 
property or for the cost of construction, repairs, or alterations, does 
   not exceed the reasonable value thereof as determined pursuant to 
section 3731 of this title; (6) if the loan is for repair, alteration, 
  or improvement of property, such repair, alteration, or improvement 
 substantially protects or improves the basic livability or utility of 
such property; (7) in the case of a loan (other than a loan made for a 
purpose specified in subsection (a)(8) of this section) that is made to 
 refinance (A) a construction loan, (B) an installment land sales 
  contract, or (C) a loan assumed by the veteran that provides for a 
 lower interest rate than the loan being refinanced, the amount of the 
 loan to be guaranteed or made does not exceed the lesser of (i) 
  the reasonable value of the dwelling or farm residence securing the 
loan, as determined pursuant to section 3731 of this title; or (ii) the 
  sum of the outstanding balance on the loan to be refinanced and the 
 closing costs (including discounts) actually paid by the veteran, as 
  specified by the Secretary in regulations; and (8) in the case of a 
   loan to refinance a loan (other than a loan or installment sales 
contract described in clause (7) of this subsection or a loan made for 
 a purpose specified in subsection (a)(8) of this section), the amount 
of the loan to be guaranteed or made does not exceed 100 percent of the 
 reasonable value of the dwelling or farm residence securing the loan, 
 as determined pursuant to section 3731 of this title. x(c) Repealed. 
    Pub. L. 100198, Sec. 3(a)(2), Dec. 21, 1987, 101 Stat. 
   1315. (d)(1) The Secretary shall carry out a program to 
 demonstrate the feasibility of guaranteeing loans for the acquisition 
   of an existing dwelling and the cost of making energy efficiency 
improvements to the dwelling or for energy efficiency improvements to a 
  dwelling owned and occupied by a veteran. A loan may be guaranteed 
    under this subsection only if it meets the requirements of this 
chapter, except as those requirements are modified by this subsection. 
 (2) The cost of energy efficiency measures that may be financed by a 
 loan guaranteed under this section may not exceed the greater of 
 (A) the cost of the energy efficiency improvements, up to $3,000; or 
 (B) $6,000, if the increase in the monthly payment for principal and 
interest does not exceed the likely reduction in monthly utility costs 
resulting from the energy efficiency improvements. (3) Notwithstanding 
    the provisions of section 3703(a)(1)(A) of this title, any loan 
guaranteed under this subsection shall be guaranteed in an amount equal 
to the sum of (A) the guaranty that would be provided under those 
provisions for the dwelling without the energy efficiency improvements; 
   and (B) an amount that bears the same relation to the cost of the 
     energy efficiency improvements as the guaranty referred to in 
subparagraph (A) bears to the amount of the loan minus the cost of such 
  improvements. (4) The amount of the veterans entitlement, 
  calculated in accordance with section 3703(a)(1)(B) of this title, 
  shall not be affected by the amount of the guaranty referred to in 
 paragraph (3)(B). (5) The Secretary shall take appropriate actions to 
    notify eligible veterans, participating lenders, and interested 
 realtors of the availability of loan guarantees under this subsection 
and the procedures and requirements that apply to the obtaining of such 
   guarantees. (6) For the purposes of this subsection: (A) The term 
energy efficiency improvement includes a 
solar heating system, a solar heating and cooling system, or a combined 
solar heating and cooling system, and the application of a residential 
      energy conservation measure. (B) The term solar 
 heating has the meaning given such term in section 
  3(1) of the Solar Heating and Cooling Demonstration Act of 1974 (42 
 U.S.C. 5502(1)) and, in addition, includes a passive system based on 
   conductive, convective, or radiant energy transfer. (C) The terms 
      solar heating and cooling and 
 combined solar heating and cooling have 
 the meaning given such terms in section 3(2) of the Solar Heating and 
Cooling Demonstration Act of 1974 (42 U.S.C. 5502(2)) and, in addition, 
 include a passive system based on conductive, convective, or radiant 
           energy transfer. (D) The term passive 
system includes window and skylight glazing, thermal 
     floors, walls, and roofs, movable insulation panels (when in 
  conjunction with glazing), portions of a residential structure that 
serve as solar furnaces so as to add heat to the structure, double-pane 
  window insulation, and such other energy-related components as are 
 determined by the Secretary to enhance the natural transfer of energy 
for the purpose of heating or heating and cooling a residence. (E) The 
           term residential energy conservation 
measure means (i) caulking and weatherstripping 
      of all exterior doors and windows; (ii) furnace efficiency 
  modifications limited to (I) replacement burners, boilers, or 
 furnaces designed to reduce the firing rate or to achieve a reduction 
  in the amount of fuel consumed as a result of increased combustion 
    efficiency, (II) devices for modifying flue openings which will 
increase the efficiency of the heating system, and (III) electrical or 
 mechanical furnace ignition systems which replace standing gas pilot 
 lights; (iii) clock thermostats; (iv) ceiling, attic, wall, and floor 
insulation; (v) water heater insulation; (vi) storm windows and doors; 
(vii) heat pumps; and (viii) such other energy conservation measures as 
   the Secretary may identify for the purposes of this subparagraph. 
    (e)(1) For a loan to be guaranteed for the purpose specified in 
subsection (a)(8) or for the purpose specified in subsection (a)(11) of 
 this section (A) the interest rate of the loan must be less than 
 the interest rate of the loan being refinanced or, in a case in which 
   the loan is a fixed rate loan and the loan being refinanced is an 
adjustable rate loan, the loan bears interest at a rate that is agreed 
upon by the veteran and the mortgagee; (B) the loan must be secured by 
 the same dwelling or farm residence as was the loan being refinanced; 
 (C) the amount of the loan may not exceed (i) an amount equal to 
 the sum of the balance of the loan being refinanced and such closing 
      costs (including any discount permitted pursuant to section 
  3703(c)(3)(A) of this title) as may be authorized by the Secretary 
(under regulations which the Secretary shall prescribe) to be included 
in the loan; or (ii) in the case of a loan for the purpose specified in 
 subsection (a)(11), an amount equal to the sum of the amount referred 
 to with respect to the loan under clause (i) and the amount specified 
under subsection (d)(2); (D) notwithstanding section 3703(a)(1) of this 
   title, the amount of the guaranty of the loan may not exceed the 
     greater of (i) the original guaranty amount of the loan being 
 refinanced, or (ii) 25 percent of the loan; (E) the term of the loan 
 may not exceed the original term of the loan being refinanced by more 
   than 10 years; and (F) the veteran must own the dwelling or farm 
 residence securing the loan and (i) must occupy such dwelling or 
  residence as such veterans home; (ii) must have previously 
occupied such dwelling or residence as such veterans home and 
  must certify, in such form as the Secretary shall require, that the 
veteran has previously so occupied such dwelling or residence; or (iii) 
in any case in which a veteran is in active duty status as a member of 
the Armed Forces and is unable to occupy such residence or dwelling as 
 a home because of such status, the spouse of the veteran must occupy, 
 or must have previously occupied, such dwelling or residence as such 
 spouses home and must certify such occupancy in such form as 
the Secretary shall require. (2) A loan to a veteran may be guaranteed 
by the Secretary under this chapter for the purpose specified in clause 
 (8) of subsection (a) of this section without regard to the amount of 
outstanding guaranty entitlement available for use by such veteran, and 
the amount of such veterans guaranty entitlement shall not be 
  charged as a result of any guaranty provided for such purpose. For 
purposes of section 3702(b) of this title, such loan shall be deemed to 
  have been obtained with the guaranty entitlement used to obtain the 
    loan being refinanced. (3) If a veteran is deceased and if such 
 veterans surviving spouse was a co-obligor under an existing 
 loan guaranteed, insured, or made under this chapter, such surviving 
 spouse shall, only for the purpose specified in subsection (a)(8) of 
  this section, be deemed to be a veteran eligible for benefits under 
   this chapter. (f)(1) For a loan to be guaranteed for the purpose 
specified in subclause (A)(ii) or (B)(ii) of subsection (a)(9) of this 
section, the purchase of (or the refinancing of a loan secured by) the 
manufactured home and the lot for that home shall be considered as one 
  loan and must comply with such criteria as may be prescribed by the 
  Secretary in regulations. (2) A loan may not be guaranteed for the 
 purposes of subsection (a)(9) of this section unless the manufactured 
     home purchased, upon being permanently affixed to the lot, is 
 considered to be real property under the laws of the State where the 
 lot is located. (g)(1) For the purposes of this subsection, the term 
veteran, when used with respect to a loan 
    guaranteed or to be guaranteed under this chapter, includes the 
   veterans spouse if the spouse is jointly liable with the 
 veteran under the loan. (2) For the purpose of determining whether a 
 veteran meets the standards referred to in subsection (b)(3) of this 
   section and section 3712(e)(2) of this title, the Secretary shall 
  prescribe regulations which establish (A) credit underwriting 
 standards to be used in evaluating loans to be guaranteed under this 
 chapter; and (B) standards to be used by lenders in obtaining credit 
 information and processing loans to be guaranteed under this chapter. 
     (3) In the regulations prescribed under paragraph (2) of this 
 subsection, the Secretary shall establish standards that include 
(A) debt-to-income ratios to apply in the case of the veteran applying 
for the loan; (B) criteria for evaluating the reliability and stability 
of the income of the veteran applying for the loan; and (C) procedures 
for ascertaining the monthly income required by the veteran to meet the 
 anticipated loan payment terms. If the procedures described in clause 
(C) of this paragraph include standards for evaluating residual income, 
 the Secretary shall, in establishing such standards, give appropriate 
consideration to State statistics (in States as to which the Secretary 
  determines that such statistics are reliable) pertinent to residual 
income and the cost of living in the State in question rather than in a 
larger region. (4)(A) Any lender making a loan under this chapter shall 
certify, in such form as the Secretary shall prescribe, that the lender 
has complied with the credit information and loan processing standards 
established under paragraph (2)(B) of this subsection, and that, to the 
 best of the lenders knowledge and belief, the loan meets the 
   underwriting standards established under paragraph (2)(A) of this 
 subsection. (B) Any lender who knowingly and willfully makes a false 
certification under subparagraph (A) of this paragraph shall be liable 
to the United States Government for a civil penalty equal to two times 
 the amount of the Secretarys loss on the loan involved or to 
    another appropriate amount, not to exceed $10,000, whichever is 
 greater. All determinations necessary to carry out this subparagraph 
shall be made by the Secretary. (5) Pursuant to regulations prescribed 
   to carry out this paragraph, the Secretary may, in extraordinary 
situations, waive the application of the credit underwriting standards 
 established under paragraph (2) of this subsection when the Secretary 
determines, considering the totality of circumstances, that the veteran 
  is a satisfactory credit risk. (h)(1) A loan may not be guaranteed 
 under subsection (a)(12) unless (A) the development, project, or 
  structure of the cooperative housing corporation complies with such 
   criteria as the Secretary prescribes in regulations; and (B) the 
     dwelling unit that the purchase of stock or membership in the 
     development, project, or structure of the cooperative housing 
    corporation entitles the purchaser to occupy is a single family 
          residential unit. (2) In this subsection, the term 
 cooperative housing corporation has the 
 meaning given such term in section 216(b)(1) of the Internal Revenue 
   Code of 1986. (3) When applying the term value of the 
   property to a loan guaranteed under subsection 
(a)(12), such term means the appraised value of the stock or membership 
entitling the purchaser to the permanent occupancy of the dwelling unit 
 in the development, project, or structure of the cooperative housing 
  corporation. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1207, 
  Sec. 1810; Pub. L. 90301, Sec. 1(a), 2(a), May 7, 1968, 82 
  Stat. 113; Pub. L. 91506, Sec. 3, Oct. 23, 1970, 84 Stat. 
  1108; Pub. L. 93569, Sec. 3, Dec. 31, 1974, 88 Stat. 1864; 
 Pub. L. 94324, Sec. 7(11), June 30, 1976, 90 Stat. 721; Pub. 
 L. 95476, title I, Sec. 104, 105(a), Oct. 18, 1978, 92 Stat. 
1498, 1499; Pub. L. 96385, title IV, Sec. 401(a), 402(a), Oct. 
 7, 1980, 94 Stat. 1532, 1533; Pub. L. 98223, title II, Sec. 
 205(a), Mar. 2, 1984, 98 Stat. 42; Pub. L. 99576, title IV, 
       Sec. 402(a), (b), Oct. 28, 1986, 100 Stat. 3280; Pub. L. 
100198, Sec. 3(a)(2), 7(a), (c), 8(a)(2), 11(b), 13, Dec. 21, 
1987, 101 Stat. 1315, 13181320, 1325; Pub. L. 100322, 
    title IV, Sec. 415(c)(4), May 20, 1988, 102 Stat. 551; Pub. L. 
  101237, title III, Sec. 309, 313(b)(1), Dec. 18, 1989, 103 
      Stat. 2075, 2077; renumbered Sec. 3710 and amended Pub. L. 
 10283, Sec. 4(a)(2)(A)(iv), 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 403, 406; Pub. L. 102547, Sec. 6(1), 9(a), (b), Oct. 28, 
 1992, 106 Stat. 3636, 3641, 3642; Pub. L. 103446, title IX, 
  Sec. 904(a), (b), 905, Nov. 2, 1994, 108 Stat. 4676, 4677; Pub. L. 
 104110, title I, Sec. 101(e), Feb. 13, 1996, 110 Stat. 768; 
 Pub. L. 109461, title V, Sec. 501, Dec. 22, 2006, 120 Stat. 
 3431; Pub. L. 110 389, title V, Sec. 504(b), Oct. 10, 2008, 
  122 Stat. 4176.) ' 3711. Direct loans to veterans (a) The Congress 
  finds that housing credit for purposes specified in section 3710 or 
   3712 of this title is not and has not been generally available to 
 veterans living in rural areas, or in small cities and towns not near 
 large metropolitan areas. It is therefore the purpose of this section 
 to provide housing credit for veterans living in such rural areas and 
  such small cities and towns. (b) Whenever the Secretary finds that 
 private capital is not generally available in any rural area or small 
    city or town for the financing of loans guaranteed for purposes 
 specified in section 3710 or 3712 of this title, the Secretary shall 
         designate such rural area or small city or town as a 
    housing credit shortage area. The 
  Secretary shall, with respect to any such area, make, or enter into 
 commitments to make, to any veteran eligible under this title, a loan 
for any or all of the purposes described in section 3710(a) or 3712 of 
    this title (other than the refinancing of a loan under section 
   3710(a)(8) or 3712(a)(1)(F)). (c) No loan may be made under this 
 section to a veteran unless the veteran shows to the satisfaction of 
  the Secretary that (1) the veteran is unable to obtain from a 
  private lender in such housing credit shortage area, at an interest 
rate not in excess of the rate authorized for guaranteed home loans or 
 manufactured home loans, as appropriate, a loan for such purpose for 
   which the veteran is qualified under section 3710 or 3712 of this 
 title, as appropriate; and (2) the veteran is unable to obtain a loan 
 for such purpose from the Secretary of Agriculture under title III of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 
or title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (d)(1) 
Loans made under this section shall bear interest at a rate determined 
by the Secretary, not to exceed the rate authorized for guaranteed home 
loans, or manufactured home loans, as appropriate, and shall be subject 
  to such requirements or limitations prescribed for loans guaranteed 
under this title as may be applicable. (2)(A) Except for any loan made 
 under this chapter for the purposes described in section 3712 of this 
   title, the original principal amount of any loan made under this 
   section shall not exceed an amount which bears the same ratio to 
  $33,000 as the amount of guaranty to which the veteran is entitled 
under section 3710 of this title at the time the loan is made bears to 
$36,000; and the guaranty entitlement of any veteran who heretofore or 
 hereafter has been granted a loan under this section shall be charged 
 with an amount which bears the same ratio to $36,000 as the amount of 
  the loan bears to $33,000. (B) The original principal amount of any 
loan made under this section for the purposes described in section 3712 
of this title shall not exceed the amount that bears the same ratio to 
  $33,000 as the amount of guaranty to which the veteran is entitled 
 under such section at the time the loan is made bears to $20,000. The 
 amount of the guaranty entitlement for purposes specified in section 
  3710 of this title of any veteran who is granted a loan under this 
section, or who before October 18, 1978, was granted a loan under this 
section, shall be charged with the amount that bears the same ratio to 
$20,000 as the amount of the loan bears to $33,000. (3) No veteran may 
  obtain loans under this section aggregating more than $33,000. (e) 
Loans made under this section shall be repaid in monthly installments, 
 except that in the case of any such loan made for any of the purposes 
  described in paragraphs (2), (3), or (4) of section 3710(a) of this 
  title, the Secretary may provide that such loan shall be repaid in 
 quarterly, semiannual, or annual installments. (f) In connection with 
any loan under this section, the Secretary may make advances in cash to 
 pay taxes and assessments on the real estate, to provide for repairs, 
 alterations, and improvements, and to meet the incidental expenses of 
the transaction. The Secretary shall determine the expenses incident to 
  origination of loans made under this section, which expenses, or a 
reasonable flat allowance in lieu thereof, shall be paid by the veteran 
in addition to the loan closing costs. (g) The Secretary may sell, and 
shall offer for sale, to any person or entity approved for such purpose 
by the Secretary, any loan made under this section at a price which the 
 Secretary determines to be reasonable under the conditions prevailing 
in the mortgage market when the agreement to sell the loan is made; and 
  shall guarantee any loan thus sold subject to the same conditions, 
    terms, and limitations which would be applicable were the loan 
   guaranteed for purposes specified in section 3710 or 3712 of this 
     title, as appropriate. (h) The Secretary may exempt dwellings 
   constructed through assistance provided by this section from the 
minimum land planning and subdivision requirements prescribed pursuant 
 to subsection (a) of section 3704 of this title, and with respect to 
    such dwellings may prescribe special minimum land planning and 
  subdivision requirements which shall be in keeping with the general 
    housing facilities in the locality but shall require that such 
dwellings meet minimum requirements of structural soundness and general 
 acceptability. (i) The Secretary is authorized, without regard to the 
provisions of subsections (a), (b), and (c) of this section, to make or 
  enter into a commitment to make a loan to any veteran to assist the 
veteran in acquiring a specially adapted housing unit authorized under 
 chapter 21 of this title, if the veteran is determined to be eligible 
for the benefits of such chapter 21, and is eligible for loan guaranty 
benefits under this chapter. (j)(1) If any builder or sponsor proposes 
 to construct one or more dwellings in a housing credit shortage area, 
   or in any area for a veteran who is determined to be eligible for 
assistance in acquiring a specially adapted housing unit under chapter 
  21 of this title, the Secretary may enter into commitment with such 
 builder or sponsor, under which funds available for loans under this 
section will be reserved for a period not in excess of three months, or 
such longer period as the Secretary may authorize to meet the needs in 
  any particular case, for the purpose of making loans to veterans to 
    purchase such dwellings. Such commitment may not be assigned or 
  transferred except with the written approval of the Secretary. The 
Secretary shall not enter into any such commitment unless such builder 
 or sponsor pays a nonrefundable commitment fee to the Secretary in an 
  amount determined by the Secretary, not to exceed 2 percent of the 
funds reserved for such builder or sponsor. (2) Whenever the Secretary 
 finds that a dwelling with respect to which funds are being reserved 
  under this subsection has been sold, or contracted to be sold, to a 
 veteran eligible for a direct loan under this section, the Secretary 
   shall enter into a commitment to make the veteran a loan for the 
purchase of such dwelling. With respect to any loan made to an eligible 
 veteran under this subsection, the Secretary may make advances during 
 the construction of the dwelling, up to a maximum in advances of (A) 
     the cost of the land plus (B) 80 percent of the value of the 
  construction in place. (k) Without regard to any other provision of 
 this chapter, the Secretary may take or cause to be taken such action 
as in the Secretarys judgment may be necessary or appropriate 
  for or in connection with the custody, management, protection, and 
 realization or sale of investments under this section, may determine 
 the Secretarys necessary expenses and expenditures, and the 
manner in which the same shall be incurred, allowed and paid, may make 
such rules, regulations, and orders as the Secretary may deem necessary 
or appropriate for carrying out the Secretarys functions under 
   this section and, except as otherwise expressly provided in this 
   chapter, may employ, utilize, compensate, and, to the extent not 
inconsistent with the Secretarys basic responsibilities under 
 this chapter, delegate any of the Secretarys functions under 
  this section to such persons and such corporate or other agencies, 
     including agencies of the United States, as the Secretary may 
designate. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1208, Sec. 
1811; Pub. L. 86665, Sec. 2, July 14, 1960, 74 Stat. 531; Pub. 
     L. 8784, Sec. 2, July 6, 1961, 75 Stat. 201; Pub. L. 
  88402, Aug. 4, 1964, 78 Stat. 380; Pub. L. 89358, 
Sec. 5(e), Mar. 3, 1966, 80 Stat. 26; Pub. L. 9077, title IV, 
  Sec. 404, Aug. 31, 1967, 81 Stat. 190; Pub. L. 90301, Sec. 
1(b), May 7, 1968, 82 Stat. 113; Pub. L. 9122, Sec. 3, June 6, 
 1969, 83 Stat. 32; Pub. L. 91506, Sec. 4, Oct. 23, 1970, 84 
Stat. 1109; Pub. L. 9266, Aug. 5, 1971, 85 Stat. 173; Pub. L. 
     93569, Sec. 4, Dec. 31, 1974, 88 Stat. 1864; Pub. L. 
  94324, Sec. 3, 7(12)(15), June 30, 1976, 90 Stat. 
720, 721; Pub. L. 95476, title I, Sec. 105(b), Oct. 18, 1978, 
   92 Stat. 1499; Pub. L. 96385, title IV, Sec. 401(c)(2), 
   402(b), Oct. 7, 1980, 94 Stat. 1533; Pub. L. 97295, Sec. 
4(65), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97306, title IV, 
Sec. 406(c)(1), Oct. 14, 1982, 96 Stat. 1445; Pub. L. 100 198, 
  Sec. 3(c), Dec. 21, 1987, 101 Stat. 1316; Pub. L. 100322, 
title IV, Sec. 415(c)(5), (d)(2) May 20, 1988, 102 Stat. 551, 552; Pub. 
L. 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 
  2077; renumbered Sec. 3711 and amended Pub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, 
 title VI, Sec. 602(e)(1)(B), Nov. 11, 1998, 112 Stat. 3346.) ' 3712. 
 Loans to purchase manufactured homes and lots (a)(1) Notwithstanding 
any other provision of this chapter, any loan to a veteran eligible for 
  the housing loan benefits of this chapter, if made pursuant to the 
 provisions of this section, may be guaranteed if such loan is for one 
 of the following purposes: (A) To purchase a lot on which to place a 
   manufactured home already owned by the veteran. (B) To purchase a 
     single-wide manufactured home. (C) To purchase a single-wide 
    manufactured home and a lot on which to place such home. (D) To 
purchase a double-wide manufactured home. (E) To purchase a double-wide 
    manufactured home and a lot on which to place such home. (F) To 
   refinance in accordance with paragraph (4) of this subsection an 
 existing loan guaranteed, insured, or made under this section. (G) To 
   refinance in accordance with paragraph (5) of this subsection an 
 existing loan that was made for the purchase of, and that is secured 
      by, a manufactured home and to purchase a lot on which such 
   manufactured home is or will be placed. (2) A loan for any of the 
purposes described in paragraph (1) of this subsection (other than the 
refinancing under clause (F) of such paragraph of an existing loan) may 
  include an amount determined by the Secretary to be appropriate to 
cover the cost of necessary preparation of a lot already owned or to be 
  acquired by the veteran, including the costs of installing utility 
 connections and sanitary facilities, of paving, and of constructing a 
   suitable pad for the manufactured home. (3) Any loan made for the 
purposes described in clause (C), (E), or (G) of paragraph (1) of this 
subsection shall be considered as part of one loan. The transaction may 
     be evidenced by a single loan instrument or by separate loan 
    instruments for (A) that portion of the loan which finances the 
  purchase of the manufactured home, and (B) that portion of the loan 
which finances the purchase of the lot and the necessary preparation of 
such lot. (4)(A) For a loan to be guaranteed for the purpose specified 
in clause (F) of paragraph (1) of this subsection (i) the interest 
rate of the loan must be less than the interest rate of the loan being 
refinanced; (ii) the loan must be secured by the same manufactured home 
 or manufactured-home lot, or manufactured home and manufactured-home 
lot, as was the loan being refinanced; (iii) the amount of the loan may 
not exceed an amount equal to the sum of the balance of the loan being 
  refinanced and such closing costs (including any discount permitted 
 pursuant to section 3703(c)(3)(A) of this title) as may be authorized 
     by the Secretary, under regulations which the Secretary shall 
 prescribe, to be included in such loan; (iv) notwithstanding section 
 3703(a)(1) of this title, the amount of the guaranty of the loan may 
not exceed the greater of (I) the original guaranty amount of the loan 
 being refinanced, or (II) 25 percent of the loan; (v) the term of the 
  loan may not exceed the original term of the loan being refinanced; 
 (vi) the veteran must own the manufactured home, or the manufactured-
   home lot, or the manufactured home and the manufactured-home lot, 
  securing the loan and (I) must occupy the home, a manufactured 
home on the lot, or the home and the lot, securing the loan; (II) must 
 have previously occupied the home, a manufactured home on the lot, or 
 the home and the lot, securing the loan as the veterans home 
and must certify, in such form as the Secretary shall require, that the 
  veteran has previously so occupied the home (or such a home on the 
lot); or (III) in any case in which a veteran is in active duty status 
  as a member of the Armed Forces and is unable to occupy the home, a 
   manufactured home on the lot, or the home and the lot, as a home 
because of such status, the spouse of the veteran must occupy, or must 
have previously occupied, the manufactured home on the lot, or the home 
   and the lot, as such spouses home and must certify such 
occupancy in such form as the Secretary shall require. (B) A loan to a 
 veteran may be guaranteed by the Secretary under this chapter for the 
  purpose specified in clause (F) of paragraph (1) of this subsection 
   without regard to the amount of outstanding guaranty entitlement 
       available for use by such veteran, and the amount of such 
veterans guaranty entitlement shall not be charged as a result 
  of any guaranty provided for such purpose. For purposes of section 
3702(b) of this title, such loan shall be deemed to have been obtained 
with the guaranty entitlement used to obtain the loan being refinanced. 
 (C) If a veteran is deceased and if such veterans surviving 
 spouse was a co-obligor under an existing loan previously guaranteed, 
insured, or made for purposes specified in this section, such surviving 
spouse shall, only for the purpose specified in clause (F) of paragraph 
(1) of this subsection, be deemed to be a veteran eligible for benefits 
under this chapter. (5)(A) For a loan to be guaranteed for the purpose 
      specified in paragraph (1)(G) of this subsection or section 
 3710(a)(9)(B)(ii) of this title (i) the loan must be secured by 
 the same manufactured home as was the loan being refinanced and such 
manufactured home must be owned and occupied by the veteran (except as 
provided in section 3704(c)(2) of this title) as such veterans 
home; and (ii) the amount of the loan may not exceed an amount equal to 
the sum of (I) the purchase price of the lot, (II) the amount (if 
any) determined by the Secretary to be appropriate under paragraph (2) 
 of this subsection to cover the cost of necessary preparation of such 
  lot, (III) the balance of the loan being refinanced, and (IV) such 
  closing costs (including any discount permitted pursuant to section 
  3703(c)(3)(E) of this title) as may be authorized by the Secretary, 
 under regulations which the Secretary shall prescribe, to be included 
  in such loan. (B) When a loan is made to a veteran for the purpose 
      specified in paragraph (1)(G) of this subsection or section 
  3710(a)(9)(B)(ii) of this title, and the loan being refinanced was 
  guaranteed, insured, or made under this section, the portion of the 
loan made for the purpose of refinancing such loan may be guaranteed by 
   the Secretary under this chapter without regard to the amount of 
outstanding guaranty entitlement available for use by such veteran, and 
the amount of such veterans guaranty entitlement shall not be 
 charged as a result of any guaranty provided for such portion of such 
 loan. For the purposes of section 3702(b) of this title, such portion 
 of such loan shall be deemed to have been obtained with the guaranty 
  entitlement used to obtain the loan being refinanced. (b)(1) Use of 
entitlement for purposes specified in this section for the purchase of 
     a manufactured home unit shall preclude the use of remaining 
 entitlement for the purchase of an additional manufactured home unit 
   until the unit which secured the loan has been disposed of by the 
veteran or has been destroyed by fire or other natural hazard. (2) The 
Secretary shall restore entitlement to all housing loan benefits under 
this chapter for the veteran when the conditions prescribed in section 
   3702(b) of this title have been met. (c)(1) Loans for any of the 
    purposes authorized by subsection (a) of this section shall be 
  submitted to the Secretary for approval prior to the closing of the 
loan, except that the Secretary may exempt any lender of a class listed 
   in section 3702(d) of this title from compliance with such prior 
approval requirement if the Secretary determines that the experience of 
such lender or class of lenders in manufactured home financing warrants 
 such exemption. (2) Upon determining that a loan submitted for prior 
   approval is eligible for guaranty for purposes specified in this 
section, the Secretary shall issue a commitment to guarantee such loan 
    and shall thereafter guarantee the loan when made if such loan 
  qualifies therefor in all respects. (3)(A) The Secretarys 
 guaranty may not exceed the lesser of (i) the lesser of $20,000 or 40 
    percent of the loan, or (ii) the maximum amount of the guaranty 
 entitlement available to the veteran as specified in paragraph (4) of 
  this subsection. (B) A claim under the Secretarys guaranty 
 shall, at the election of the holder of a loan, be made by the filing 
 of an accounting with the Secretary (i) within a reasonable time 
 after the receipt by such holder of an appraisal by the Secretary of 
 the value of the security for the loan; or (ii) after liquidation of 
  the security for the loan. (C) If the holder of a loan applies for 
    payment of a claim under clause (i) of subparagraph (B) of this 
 paragraph, the amount of such claim payable by the Secretary shall be 
 the lesser of (i) the amount equal to the excess, if any, of the 
total indebtedness over the amount of the appraisal referred to in such 
 clause; or (ii) the amount equal to the guaranty under this section. 
 (D) If the holder of a loan files for payment of a claim under clause 
 (ii) of subparagraph (B) of this paragraph, the amount of such claim 
  payable by the Secretary shall be the lesser of (i) the amount 
equal to the excess, if any, of the total indebtedness over the greater 
 of the value of the property securing the loan, as determined by the 
Secretary, or the amount of the liquidation or resale proceeds; or (ii) 
    the amount equal to the guaranty under this section. (E) In any 
 accounting filed pursuant to subparagraph (B)(ii) of this paragraph, 
   the Secretary shall permit to be included therein accrued unpaid 
interest from the date of the first uncured default to such cutoff date 
   as the Secretary may establish, and the Secretary shall allow the 
holder of the loan to charge against the liquidation or resale proceeds 
accrued interest from the cutoff date established to such further date 
   as the Secretary may determine and such costs and expenses as the 
Secretary determines to be reasonable and proper. (F) The liability of 
  the United States under the guaranty provided for by this paragraph 
 shall decrease or increase pro rata with any decrease or increase of 
  the amount of the unpaid portion of the obligation. (4) The maximum 
  amount of guaranty entitlement available to a veteran for purposes 
specified in this section shall be $20,000 reduced by the amount of any 
such entitlement previously used by the veteran. Use of entitlement for 
 purposes specified in section 3710 or 3711 of this title shall reduce 
entitlement available for use for purposes specified in this section to 
 the same extent that entitlement available for purposes specified in 
such section 3710 is reduced below $20,000. (5) The amount of any loan 
 guaranteed for purposes specified in this section shall not exceed an 
   amount equal to 95 percent of the purchase price of the property 
   securing the loan. (d)(1) The maturity of any loan guaranteed for 
  purposes specified in this section shall not be more than (A) 
   fifteen years and thirty-two days, in the case of a loan for the 
purchase of a lot; (B) twenty years and thirty-two days, in the case of 
a loan for the purchase of (i) a single-wide manufactured home; or 
(ii) a single-wide manufactured home and a lot; (C) twenty-three years 
   and thirty-two days, in the case of a loan for the purchase of a 
double-wide manufactured home; or (D) twenty-five years and thirty-two 
     days, in the case of a loan for the purchase of a double-wide 
   manufactured home and a lot. (2) Nothing in paragraph (1) of this 
 subsection shall preclude the Secretary, under regulations which the 
 Secretary shall prescribe, from consenting to necessary advances for 
   the protection of the security or the holders lien, to a 
   reasonable extension of the term of such loan, or to a reasonable 
   reamortization of such loan. (e) No loan shall be guaranteed for 
    purposes specified in this section unless (1) the loan is 
repayable in approximately equal monthly installments; (2) the terms of 
 repayment bear a proper relationship to the veterans present 
and anticipated income and expenses, and the veteran is a satisfactory 
     credit risk, as determined in accordance with the regulations 
prescribed under section 3710(g) of this title and taking into account 
the purpose of this program to make available lower cost housing to low 
  and lower income veterans, especially those who have been recently 
discharged or released from active military, naval, or air service, who 
  may not have previously established credit ratings; (3) the loan is 
  secured by a first lien on the manufactured home purchased with the 
   proceeds of the loan and on any lot acquired or improved with the 
  proceeds of the loan; (4) the amount of the loan to be paid by the 
  veteran is not in excess of the amount determined to be reasonable, 
based upon (A) with respect to any portion of the loan to purchase 
 a new manufactured home, such cost factors as the Secretary considers 
  proper to take into account; (B) with respect to any portion of the 
loan to purchase a used manufactured home, the reasonable value of the 
   property, as determined by the Secretary; (C) with respect to any 
  portion of the loan to purchase a lot, the reasonable value of such 
   lot, as determined by the Secretary; and (D) with respect to any 
portion of the loan to cover the cost of necessary site preparation, an 
  appropriate amount, as determined by the Secretary; (5) the veteran 
  certifies, in such form as the Secretary shall prescribe, that the 
 veteran will personally occupy the property as the veterans 
home; except that the requirement of this clause shall not apply (A) in 
  the case of a guaranteed loan that is for the purpose described in 
  paragraph (1)(F) of subsection (a), or (B) in the case described in 
section 3704(c)(2); (6) the manufactured home is or will be placed on a 
site which meets specifications which the Secretary shall establish by 
 regulation; and (7) the interest rate to be charged on the loan does 
 not exceed the permissible rate established by the Secretary. (f) The 
 Secretary shall establish such rate of interest for manufactured home 
loans and manufactured home lot loans as the Secretary determines to be 
 necessary in order to assure a reasonable supply of manufactured home 
loan financing for veterans for purposes specified in this section. (g) 
   The Secretary shall promulgate such regulations as the Secretary 
 determines to be necessary or appropriate in order to fully implement 
the provisions of this section, and such regulations may specify which 
 provisions in other sections of this chapter the Secretary determines 
should be applicable to loans guaranteed or made for purposes specified 
       in this section. The Secretary shall have such powers and 
 responsibilities in respect to matters arising under this section as 
the Secretary has in respect to loans made or guaranteed or under other 
    sections of this chapter. (h)(1) No loan for the purchase of a 
 manufactured home shall be guaranteed for purposes specified in this 
 section unless the manufactured home and lot, if any, meet or exceed 
  standards for planning, construction, and general acceptability as 
 prescribed by the Secretary and no loan for the purchase of a lot on 
    which to place a manufactured home owned by a veteran shall be 
guaranteed for purposes specified in this section unless the lot meets 
 such standards prescribed for manufactured home lots. Such standards 
shall be designed to encourage the maintenance and development of sites 
 for manufactured homes which will be attractive residential areas and 
 which will be free from, and not substantially contribute to, adverse 
 scenic or environmental conditions. (2) Any manufactured housing unit 
  properly displaying a certification of conformity to all applicable 
Federal manufactured home construction and safety standards pursuant to 
   section 616 of the National Manufactured Housing Construction and 
 Safety Standards Act of 1974 (42 U.S.C. 5415) shall be deemed to meet 
   the standards required by paragraph (1). (i) The Secretary shall 
require the manufacturer to become a warrantor of any new manufactured 
    home which is approved for purchase with financing through the 
 assistance of this chapter and to furnish to the purchaser a written 
  warranty in such form as the Secretary shall require. Such warranty 
shall include (1) a specific statement that the manufactured home meets 
the standards prescribed by the Secretary pursuant to the provisions of 
     subsection (h) of this section; and (2) a provision that the 
  warrantors liability to the purchaser or owner is limited 
 under the warranty to instances of substantial nonconformity to such 
 standards which become evident within one year from date of purchase 
  and as to which the purchaser or owner gives written notice to the 
warrantor not later than ten days after the end of the warranty period. 
  The warranty prescribed herein shall be in addition to, and not in 
derogation of, all other rights and privileges which such purchaser or 
 owner may have under any other law or instrument and shall so provide 
 in the warranty document. (j) Subject to notice and opportunity for a 
hearing, the Secretary is authorized to deny guaranteed or direct loan 
 financing in the case of (1) manufactured homes constructed by a 
         manufacturer who fails or is unable to discharge the 
manufacturers obligations under the warranty; (2) manufactured 
   homes which are determined by the Secretary not to conform to the 
  standards provided for in subsection (h); or (3) a manufacturer of 
     manufactured homes who has engaged in procedures or practices 
determined by the Secretary to be unfair or prejudicial to veterans or 
 the Government. (k) Subject to notice and opportunity for a hearing, 
    the Secretary may refuse to approve as acceptable any site in a 
 manufactured home park or subdivision owned or operated by any person 
 whose rental or sale methods, procedures, requirements, or practices 
are determined by the Secretary to be unfair or prejudicial to veterans 
  renting or purchasing such sites. The Secretary may also refuse to 
 guarantee or make direct loans for veterans to purchase manufactured 
 homes offered for sale by any dealer if substantial deficiencies have 
  been discovered in such homes, or if the Secretary determines that 
   there has been a failure or indicated inability of the dealer to 
  discharge contractual liabilities to veterans, or that the type of 
 contract of sale or methods, procedures, or practices pursued by the 
    dealer in the marketing of such properties have been unfair or 
   prejudicial to veteran purchasers. (l) The provisions of sections 
  3704(d) and 3721 of this title shall be fully applicable to lenders 
  making guaranteed manufactured home loans and manufactured home lot 
loans and holders of such loans. (Added Pub. L. 91506, Sec. 5, 
       Oct. 23, 1970, 84 Stat. 1110, Sec. 1819; amended Pub. L. 
     93569, Sec. 5, Dec. 31, 1974, 88 Stat. 1864; Pub. L. 
 94324, Sec. 5, 7(20) (23), June 30, 1976, 90 Stat. 
720, 722; Pub. L. 95476, title I, Sec. 107, Oct. 18, 1978, 92 
Stat. 1500; Pub. L. 96385, title IV, Sec. 401(b), 402(c), Oct. 
7, 1980, 94 Stat. 1532, 1533; Pub. L. 9766, title V, Sec. 503, 
 Oct. 17, 1981, 95 Stat. 1032; Pub. L. 9772, title III, Sec. 
303(h), (i), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 97295, Sec. 
4(66), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 97306, title IV, 
   Sec. 406(a), (c)(2), Oct. 14, 1982, 96 Stat. 1444, 1445; Pub. L. 
98223, title II, Sec. 205(b), Mar. 2, 1984, 98 Stat. 43; Pub. 
 L. 99576, title IV, Sec. 402(c)(2), Oct. 28, 1986, 100 Stat. 
 3281; Pub. L. 100198, Sec. 3(b), 7(b), 8(b), Dec. 21, 1987, 
 101 Stat. 1315, 1318, 1320; Pub. L. 100253, Sec. 3(b), Feb. 
   29, 1988, 102 Stat. 20; renumbered Sec. 1812 and amended Pub. L. 
100322, title IV, Sec. 415(b)(4), May 20, 1988, 102 Stat. 551; 
Pub. L. 101237, title III, Sec. 313(b)(1), (7), Dec. 18, 1989, 
  103 Stat. 2077; Pub. L. 101 508, title VIII, Sec. 8031(a), 
Nov. 5, 1990, 104 Stat. 1388348; Pub. L. 10254, Sec. 
   14(c)(8), June 13, 1991, 105 Stat. 285; renumbered Sec. 3712 and 
amended Pub. L. 10283, Sec. 4(a)(2)(A)(v), 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 403, 406; Pub. L. 102 547, Sec. 6(2), Oct. 
28, 1992, 106 Stat. 3636; Pub. L. 103446, title IX, Sec. 906, 
 title XII, Sec. 1201(e)(14), Nov. 2, 1994, 108 Stat. 4677, 4685; Pub. 
  L. 10466, title I, Sec. 1141(b), Dec. 21, 1995, 109 Stat. 
 726.) ' 3713. Release from liability under guaranty (a) Whenever any 
    veteran disposes of residential property securing a guaranteed, 
insured, or direct housing loan obtained by the veteran, the Secretary, 
upon application made by such veteran and by the transferee incident to 
  such disposal, shall issue to such veteran in connection with such 
 disposal a release relieving the veteran of all further liability to 
the Secretary on account of such loan (including liability for any loss 
    resulting from any default of the transferee or any subsequent 
purchaser of such property) if the Secretary has determined, after such 
investigation as the Secretary may deem appropriate, that (1) the loan 
 is current, and (2) the purchaser of such property from such veteran 
 (A) is obligated by contract to purchase such property and to assume 
 full liability for the repayment of the balance of the loan remaining 
   unpaid, and has assumed by contract all of the obligations of the 
 veteran under the terms of the instruments creating and securing the 
loan, and (B) qualifies from a credit standpoint, to the same extent as 
  if the transferee were a veteran eligible for purposes specified in 
section 3710 of this title, for a guaranteed or insured or direct loan 
 in an amount equal to the unpaid balance of the obligation for which 
 the transferee has assumed liability. (b) If any veteran disposes of 
residential property securing a guaranteed, insured, or direct housing 
  loan obtained by the veteran under this chapter without receiving a 
release from liability with respect to such loan under subsection (a), 
  and a default subsequently occurs which results in liability of the 
  veteran to the Secretary on account of the loan, the Secretary may 
  relieve the veteran of such liability if the Secretary determines, 
 after such investigation as the Secretary deems appropriate, that the 
 property was disposed of by the veteran in such a manner, and subject 
to such conditions, that the Secretary would have issued the veteran a 
release from liability under subsection (a) with respect to the loan if 
 the veteran had made application therefor incident to such disposal. 
Failure of a transferee to assume by contract all of the liabilities of 
the original veteran-borrower shall bar such release of liability only 
in cases in which no acceptable transferee, either immediate or remote, 
is legally liable to the Secretary for the indebtedness of the original 
veteran-borrower arising from termination of the loan. The failure of a 
  veteran to qualify for release from liability under this subsection 
 does not preclude relief from being granted under section 5302(b) of 
 this title, if the veteran is eligible for relief under that section. 
 (c) This section shall apply only to loans for which commitments are 
 made before March 1, 1988. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1212, Sec. 1817; Pub. L. 92328, title II, Sec. 204, June 
30, 1972, 86 Stat. 397; Pub. L. 94324, Sec. 7(18), (19), June 
30, 1976, 90 Stat. 722; Pub. L. 9772, title III, Sec. 303(f), 
 Nov. 3, 1981, 95 Stat. 1060; Pub. L. 100198, Sec. 10(a)(2), 
Dec. 21, 1987, 101 Stat. 1323; renumbered Sec. 1813 and amended Pub. L. 
100322, title IV, Sec. 415(b)(2), May 20, 1988, 102 Stat. 550; 
Pub. L. 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 
 Stat. 2077; Pub. L. 102 40, title IV, Sec. 402(d)(1), May 7, 
     1991, 105 Stat. 239; renumbered Sec. 3713 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
103 446, title XII, Sec. 1201(e)(15), Nov. 2, 1994, 108 Stat. 
  4686.) ' 3714. Assumptions; release from liability (a)(1) Except as 
 provided in subsection (f) of this section, if a veteran or any other 
  person disposes of residential property securing a loan guaranteed, 
  insured, or made under this chapter and the veteran or other person 
   notifies the holder of the loan in writing before the property is 
disposed of, the veteran or other person, as the case may be, shall be 
relieved of all further liability to the Secretary with respect to the 
 loan (including liability for any loss resulting from any default of 
    the purchaser or any subsequent owner of the property) and the 
 application for assumption shall be approved if the holder determines 
    that (A) the loan is current; and (B) the purchaser of the 
  property from such veteran or other person (i) is obligated by 
contract to purchase such property and to assume full liability for the 
 repayment of the balance of the loan remaining unpaid and has assumed 
 by contract all of the obligations of the veteran under the terms of 
the instruments creating and securing the loan; and (ii) qualifies from 
  a credit standpoint, to the same extent as if the purchaser were a 
veteran eligible under section 3710 of this title, for a guaranteed or 
insured or direct loan in an amount equal to the unpaid balance of the 
obligation for which the purchaser is to assume liability. (2) For the 
 purposes of paragraph (1), paragraph (3), and paragraph (4)(C)(ii) of 
this subsection, the Secretary shall be considered to be the holder of 
 the loan if the actual holder is not an approved lender described in 
section 3702. (3) If the holder of the loan determines that the loan is 
  not current or that the purchaser of the property does not meet the 
    requirements of paragraph (1)(B) of this subsection, the holder 
    shall (A) notify the transferor and the Secretary of such 
 determination; and (B) notify the transferor that the transferor may 
 appeal the determination to the Secretary. (4)(A) Upon the appeal of 
  the transferor after a determination described in paragraph (3) is 
   made, the Secretary shall, in a timely manner, review and make a 
determination (or a redetermination in any case in which the Secretary 
  made the determination described in such paragraph) with respect to 
 whether the loan is current and whether the purchaser of the property 
  meets the requirements of paragraph (1)(B) of this subsection. The 
 Secretary shall transmit, in writing, a notice of the nature of such 
determination to the transferor and the holder and shall inform them of 
 the action that shall or may be taken under subparagraph (B) of this 
paragraph as a result of the determination of the Secretary. (B)(i) If 
the Secretary determines under subparagraph (A) of this paragraph that 
 the loan is current and that the purchaser meets the requirements of 
   paragraph (1)(B) of this subsection, the holder shall approve the 
  assumption of the loan, and the transferor shall be relieved of all 
   liability to the Secretary with respect to such loan. (ii) If the 
Secretary determines under subparagraph (A) of this paragraph that the 
 purchaser does not meet the requirements of paragraph (1)(B) of this 
    subsection, the Secretary may direct the holder to approve the 
 assumption of the loan if (I) the Secretary determines that the 
 transferor of the property is unable to make payments on the loan and 
has made reasonable efforts to find a buyer who meets the requirements 
   of paragraph (1)(B) of this subsection and that, as a result, the 
 proposed transfer is in the best interests of the Department and the 
  transferor; (II) the transferor has requested, within 15 days after 
receiving the notice referred to in subparagraph (A) of this paragraph, 
  that the Secretary approve the assumption; and (III) the transferor 
  will, upon assumption of the loan by the purchaser, be secondarily 
   liable on the loan. (C) If (i) the loan is not approved for 
assumption under subparagraph (B) of this paragraph or paragraph (1) of 
  this subsection; or (ii) no appeal is made by the transferor under 
  subparagraph (A) of this paragraph within 30 days after the holder 
informs the transferor of its determination under paragraph (3) of this 
   subsection, the holder may demand immediate, full payment of the 
    principal, and all interest earned thereon, of such loan if the 
   transferor disposes of the property. (b) If a person disposes of 
residential property described in subsection (a)(1) of this section and 
 the person fails to notify the holder of the loan before the property 
is disposed of, the holder, upon learning of such action by the person, 
 may demand immediate and full payment of the principal, interest, and 
all other amounts owing under the terms of the loan. (c)(1) In any case 
 in which the holder of a loan described in subsection (a)(1) of this 
 section has knowledge of a persons disposing of residential 
 property securing the loan, the holder shall notify the Secretary of 
such action. (2) If the holder fails to notify the Secretary in such a 
   case, the holder shall be liable to the Secretary for any damage 
sustained by the Secretary as a result of the holders failure, 
as determined at the time the Secretary is required to make payments in 
  accordance with any insurance or guaranty provided by the Secretary 
    with respect to the loan concerned. (d) With respect to a loan 
 guaranteed, insured, or made under this chapter, the Secretary shall 
provide, by regulation, that at least one instrument evidencing either 
the loan or the mortgage or deed of trust therefor, shall conspicuously 
   contain, in such form as the Secretary shall specify, a notice in 
    substantially the following form: This loan is not 
assumable without the approval of the Department of Veterans Affairs or 
    its authorized agent. (e) The Secretary shall 
establish in regulations a reasonable amount as the maximum amount that 
        a lender may charge for processing an application for a 
  creditworthiness determination and assumption of a loan pursuant to 
  this section. Such regulations shall establish requirements for the 
timely processing of applications for acceptance of assumptions. (f)(1) 
This section shall apply (A) in the case of loans other than loans 
     to finance the purchase of real property described in section 
3733(a)(1) of this title, only to loans for which commitments are made 
on or after March 1, 1988; and (B) in the case of loans to finance the 
purchase of such property, only to loans which are closed after January 
1, 1989. (2) This section shall not apply to a loan which the Secretary 
    has sold without recourse. (Added Pub. L. 100198, Sec. 
 10(a)(1), Dec. 21, 1987, 101 Stat. 1321, Sec. 1817A; renumbered Sec. 
  1814, Pub. L. 100322, title IV, Sec. 415(b)(2)(B), May 20, 
 1988, 102 Stat. 551; amended Pub. L. 100689, title III, Sec. 
302, Nov. 18, 1988, 102 Stat. 4176; Pub. L. 101237, title III, 
Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3714 and 
 amended Pub. L. 10283, Sec. 4(a)(2)(B)(iv), (3), (4), 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 403, 404, 406; Pub. L. 105368, 
   title X, Sec. 1005(b)(10), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 
107103, title IV, Sec. 403, Dec. 27, 2001, 115 Stat. 993.) x'' 
    3715 to 3719. Vacant SUBCHAPTER IIIADMINISTRATIVE 
    PROVISIONS ' 3720. Powers of Secretary (a) Notwithstanding the 
provisions of any other law, with respect to matters arising by reason 
  of this chapter, the Secretary may (1) sue and be sued in the 
    Secretarys official capacity in any court of competent 
  jurisdiction, State or Federal, but nothing in this clause shall be 
    construed as authorizing garnishment or attachment against the 
Secretary, the Department of Veterans Affairs, or any of its employees; 
  (2) subject to specific limitations in this chapter, consent to the 
  modification, with respect to rate of interest, time of payment of 
    principal or interest or any portion thereof, security or other 
provisions of any note, contract, mortgage or other instrument securing 
a loan which has been guaranteed, insured, made or acquired under this 
 chapter; (3) pay, or compromise, any claim on, or arising because of, 
 any such guaranty or insurance; (4) pay, compromise, waive or release 
 any right, title, claim, lien or demand, however acquired, including 
any equity or any right of redemption; (5) purchase at any sale, public 
   or private, upon such terms and for such prices as the Secretary 
    determines to be reasonable, and take title to, property, real, 
   personal or mixed; and similarly sell, at public or private sale, 
 exchange, assign, convey, or otherwise dispose of any such property; 
and (6) complete, administer, operate, obtain and pay for insurance on, 
  and maintain, renovate, repair, modernize, lease, or otherwise deal 
   with any property acquired or held pursuant to this chapter. The 
    acquisition of any such property shall not deprive any State or 
political subdivision thereof of its civil or criminal jurisdiction of, 
on, or over such property (including power to tax) or impair the rights 
 under the State or local law of any persons on such property. Without 
regard to section 3302(b) of title 31 or any other provision of law not 
  expressly in limitation of this paragraph, the Secretary may permit 
brokers utilized by the Secretary in connection with such properties to 
deduct from rental collections amounts covering authorized fees, costs, 
and expenses incurred in connection with the management, repair, sale, 
   or lease of any such properties and remit the net balances to the 
 Secretary. (b) The powers granted by this section may be exercised by 
the Secretary without regard to any other provision of law not enacted 
 expressly in limitation of this section, which otherwise would govern 
    the expenditure of public funds, except that division C (except 
 sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of 
   title 41 shall apply to any contract for services or supplies on 
  account of any property acquired pursuant to this section. (c) The 
financial transactions of the Secretary incident to, or arising out of, 
 the guaranty or insurance of loans pursuant to this chapter, and the 
 acquisition, management, and disposition of property, real, personal, 
  or mixed, incident to such activities and pursuant to this section, 
shall be final and conclusive upon all officers of the Government. (d) 
 The right to redeem provided for by section 2410(c) of title 28 shall 
not arise in any case in which the subordinate lien or interest of the 
United States derives from a guaranteed or insured loan. x(e) Repealed. 
 Pub. L. 105368, title VI, Sec. 602(c)(1), Nov. 11, 1998, 112 
 Stat. 3346 (f) Whenever loss, destruction, or damage to any 
   residential property securing loans guaranteed, insured, made, or 
acquired by the Secretary under this chapter occurs as the result of a 
major disaster as determined by the President under the Disaster Relief 
 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary 
  shall (1) provide counseling and such other service to the owner of 
such property as may be feasible and shall inform such owner concerning 
the disaster assistance available from other Federal agencies and from 
State or local agencies, and (2) pursuant to subsection (a)(2) of this 
   section, extend on an individual case basis such forebearance or 
indulgence to such owner as the Secretary determines to be warranted by 
  the facts of the case and the circumstances of such owner. (g) The 
 Secretary shall, at the request of the Secretary of Housing and Urban 
   Development and without reimbursement, certify to such Secretary 
 whether an applicant for assistance under any law administered by the 
 Department of Housing and Urban Development is a veteran. (h)(1) The 
    Secretary may, upon such terms and conditions as the Secretary 
considers appropriate, issue or approve the issuance of, and guarantee 
the timely payment of principal and interest on, certificates or other 
 securities evidencing an interest in a pool of mortgage loans made in 
connection with the sale of properties acquired under this chapter. (2) 
 The Secretary may not under this subsection guarantee the payment of 
 principal and interest on certificates or other securities issued or 
  approved after December 31, 2011. (Pub. L. 85857, Sept. 2, 
 1958, 72 Stat. 1213, Sec. 1820; Pub. L. 88151, Sec. 1, Oct. 
    17, 1963, 77 Stat. 271; Pub. L. 88560, title VII, Sec. 
701(e)(1), Sept. 2, 1964, 78 Stat. 800; Pub. L. 89625, Oct. 4, 
1966, 80 Stat. 874; Pub. L. 89769, Sec. 3(c), Nov. 6, 1966, 80 
 Stat. 1316; Pub. L. 90448, title VIII, Sec. 807(h), Aug. 1, 
 1968, 82 Stat. 545; Pub. L. 91606, title II, Sec. 233, Dec. 
 31, 1970, 84 Stat. 1753; Pub. L. 92 328, title II, Sec. 205, 
 June 30, 1972, 86 Stat. 397; Pub. L. 93288, title VII, Sec. 
  702(l), formerly title VI, Sec. 602(l), May 22, 1974, 88 Stat. 164, 
  renumbered title VII, Sec. 702(l), Pub. L. 103337, div. C, 
 title XXXIV, Sec. 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100; Pub. 
  L. 94324, Sec. 7(24)(26), June 30, 1976, 90 Stat. 
 722; Pub. L. 95117, title IV, Sec. 403(a), Oct. 3, 1977, 91 
 Stat. 1066; Pub. L. 97258, Sec. 3(k)(3), Sept. 13, 1982, 96 
Stat. 1065; Pub. L. 97295, Sec. 4(67), Oct. 12, 1982, 96 Stat. 
 1310; Pub. L. 98160, title VII, Sec. 702(14), Nov. 21, 1983, 
  97 Stat. 1009; Pub. L. 99576, title IV, Sec. 404, Oct. 28, 
 1986, 100 Stat. 3281; Pub. L. 100707, title I, Sec. 109(n), 
Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101237, title III, Sec. 
313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 10254, 
   Sec. 4(a), June 13, 1991, 105 Stat. 268; renumbered Sec. 3720 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 406; Pub. L. 102291, Sec. 5(a), May 20, 1992, 106 Stat. 
 179; Pub. L. 102547, Sec. 4, Oct. 28, 1992, 106 Stat. 3636; 
Pub. L. 104110, title I, Sec. 101(f), Feb. 13, 1996, 110 Stat. 
  768; Pub. L. 104275, title II, Sec. 201, Oct. 9, 1996, 110 
  Stat. 3330; Pub. L. 10533, title VIII, Sec. 8011, Aug. 5, 
     1997, 111 Stat. 664; Pub. L. 105368, title VI, Secs. 
    602(c)(1), 604(a), Nov. 11, 1998, 112 Stat. 3346, 3348; Pub. L. 
 106419, title IV, Sec. 402(a), Nov. 1, 2000, 114 Stat. 1861; 
  Pub. L. 107103, title IV, Sec. 405(b), Dec. 27, 2001, 115 
  Stat. 994; Pub. L. 111350, Sec. 5(j)(3), Jan. 4, 2011, 124 
   Stat. 3850.) ' 3721. Incontestability Any evidence of guaranty or 
 insurance issued by the Secretary shall be conclusive evidence of the 
eligibility of the loan for guaranty or insurance under the provisions 
   of this chapter and of the amount of such guaranty or insurance. 
Nothing in this section shall preclude the Secretary from establishing, 
  as against the original lender, defenses based on fraud or material 
   misrepresentation. The Secretary shall not, by reason of anything 
contained in this section, be barred from establishing, by regulations 
in force at the date of such issuance or disbursement, whichever is the 
  earlier, partial defenses to the amount payable on the guaranty or 
insurance. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1213, Sec. 
  1821; Pub. L. 101237, title III, Sec. 313(b)(1), Dec. 18, 
 1989, 103 Stat. 2077; renumbered Sec. 3721, Pub. L. 102 83, 
   Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3722. Veterans Housing 
Benefit Program Fund (a) There is hereby established in the Treasury of 
the United States a fund known as the Veterans Housing Benefit Program 
         Fund (hereinafter in this section referred to as the 
Fund). (b) The Fund shall be available to 
  the Secretary, without fiscal year limitation, for all housing loan 
  operations under this chapter, other than administrative expenses, 
consistent with the Federal Credit Reform Act of 1990. (c) There shall 
 be deposited into the Fund the following, which shall constitute the 
   assets of the Fund: (1) Any amount appropriated to the Fund. (2) 
  Amounts paid into the Fund under section 3729 of this title or any 
   other provision of law or regulation established by the Secretary 
imposing fees on persons or other entities participating in the housing 
loan programs under this chapter. (3) All other amounts received by the 
    Secretary on or after October 1, 1998, incident to housing loan 
   operations under this chapter, including (A) collections of 
  principal and interest on housing loans made by the Secretary under 
    this chapter; (B) proceeds from the sale, rental, use, or other 
disposition of property acquired under this chapter; (C) proceeds from 
 the sale of loans pursuant to sections 3720(h) and 3733(a)(3) of this 
title; and (D) penalties collected pursuant to section 3710(g)(4)(B) of 
 this title. (d) Amounts deposited into the Fund under paragraphs (2) 
    and (3) of subsection (c) shall be deposited in the appropriate 
financing or liquidating account of the Fund. (e) For purposes of this 
section, the term housing loan shall not 
 include a loan made pursuant to subchapter V of this chapter. (Added 
 Pub. L. 105368, title VI, Sec. 602(a)(2), Nov. 11, 1998, 112 
  Stat. 3345; amended Pub. L. 10714, Sec. 8(a)(16), June 5, 
2001, 115 Stat. 35.) x' 3723. Repealed. Pub. L. 105368, title 
  VI, Sec. 602(a)(1), Nov. 11, 1998, 112 Stat. 3345 x' 3724. 
 Repealed. Pub. L. 105368, title VI, Sec. 602(a)(1), Nov. 11, 
       1998, 112 Stat. 3345 x' 3725. Repealed. Pub. L. 
  105368, title VI, Sec. 602(a)(1), Nov. 11, 1998, 112 Stat. 
  3345 ' 3726. Withholding of payments, benefits, etc (a) No 
officer, employee, department, or agency of the United States shall set 
 off against, or otherwise withhold from, any veteran or the surviving 
 spouse of any veteran any payments (other than benefit payments under 
any law administered by the Department of Veterans Affairs) which such 
  veteran or surviving spouse would otherwise be entitled to receive 
because of any liability to the Secretary allegedly arising out of any 
loan made to, assumed by, or guaranteed or insured on account of, such 
 veteran or surviving spouse under this chapter, unless the Secretary 
provides such veteran or surviving spouse with notice by certified mail 
  with return receipt requested of the authority of the Secretary to 
waive the payment of indebtedness under section 5302(b) of this title. 
(b) If the Secretary does not waive the entire amount of the liability, 
  the Secretary shall then determine whether the veteran or surviving 
spouse should be released from liability under section 3713(b) of this 
 title. (c) If the Secretary determines that the veteran or surviving 
   spouse should not be released from liability, the Secretary shall 
   notify the veteran or surviving spouse of that determination and 
  provide a notice of the procedure for appealing that determination, 
    unless the Secretary has previously made such determination and 
notified the veteran or surviving spouse of the procedure for appealing 
the determination. (Added Pub. L. 89358, Sec. 5(f)(1), Mar. 3, 
  1966, 80 Stat. 26, Sec. 1826; amended Pub. L. 94324, Sec. 
  7(30), June 30, 1976, 90 Stat. 722; Pub. L. 9766, title V, 
Sec. 504, Oct. 17, 1981, 95 Stat. 1033; Pub. L. 101237, title 
  III, Sec. 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; renumbered 
 Sec. 3726, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
 406; Pub. L. 10533, title VIII, Sec. 8033(a), Aug. 5, 1997, 
   111 Stat. 669.) ' 3727. Expenditures to correct or compensate for 
structural defects in mortgaged homes (a) The Secretary is authorized, 
with respect to any property improved by a one-to four-family dwelling 
inspected during construction by the Department of Veterans Affairs or 
 the Federal Housing Administration which the Secretary finds to have 
structural defects seriously affecting the livability of the property, 
 to make expenditures for (1) correcting such defects, (2) paying the 
 claims of the owner of the property arising from such defects, or (3) 
  acquiring title to the property; except that such authority of the 
 Secretary shall exist only (A) if the owner requests assistance under 
  this section not later than four years (or such shorter time as the 
Secretary may prescribe) after the mortgage loan was made, guaranteed, 
 or insured, and (B) if the property is encumbered by a mortgage which 
 is made, guaranteed, or insured under this chapter after May 7, 1968. 
     (b) The Secretary shall by regulation prescribe the terms and 
conditions under which expenditures and payments may be made under the 
   provisions of this section, and the Secretarys decisions 
 regarding such expenditures or payments, and the terms and conditions 
 under which the same are approved or disapproved, shall be final and 
   conclusive, and shall not be subject to judicial review. (c) The 
 Secretary is authorized to make expenditures for the purposes of this 
  section from the fund established pursuant to section 3722 of this 
title. (Added Pub. L. 90301, Sec. 5(a), May 7, 1968, 82 Stat. 
 116, Sec. 1827; amended Pub. L. 94324, Sec. 7(31), June 30, 
1976, 90 Stat. 722; Pub. L. 101237, title III, Sec. 313(b)(1), 
 (2), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3727 and amended 
Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
  Pub. L. 105368, title VI, Sec. 602(e)(1)(C), title X, Sec. 
 1005(b)(11), Nov. 11, 1998, 112 Stat. 3346, 3365.) ' 3728. Exemption 
   from State anti-usury provisions If, under any law of the United 
 States, loans and mortgages insured under title I or title II of the 
National Housing Act are exempt from the application of the provisions 
  of any State constitution or law (1) limiting the rate or amount of 
   interest, discount points, or other charges which may be charged, 
taken, received, or reserved by lenders, (2) restricting the manner of 
  calculating such interest (including prohibition of the charging of 
   interest on interest), or (3) requiring a minimum amortization of 
principal, then loans guaranteed or insured under this chapter are also 
    exempt from the application of such provisions. (Added Pub. L. 
  96128, title IV, Sec. 401(a), Nov. 28, 1979, 93 Stat. 986, 
 Sec. 1828; amended Pub. L. 9766, title V, Sec. 501(b), Oct. 
17, 1981, 95 Stat. 1032; renumbered Sec. 3728, Pub. L. 10283, 
     Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3729. Loan fee (a) 
REQUIREMENT OF FEE.(1) Except as provided in subsection (c), a fee 
     shall be collected from each person obtaining a housing loan 
   guaranteed, insured, or made under this chapter, and each person 
 assuming a loan to which section 3714 of this title applies. No such 
loan may be guaranteed, insured, made, or assumed until the fee payable 
under this section has been remitted to the Secretary. (2) The fee may 
    be included in the loan and paid from the proceeds thereof. (b) 
DETERMINATION OF FEE.(1) The amount of the fee shall be determined 
  from the loan fee table in paragraph (2). The fee is expressed as a 
  percentage of the total amount of the loan guaranteed, insured, or 
   made, or, in the case of a loan assumption, the unpaid principal 
 balance of the loan on the date of the transfer of the property. (2) 
The loan fee table referred to in paragraph (1) is as follows: LOAN FEE 
  TABLE LOAN FEE TABLEContinued Type of loan Active duty veteran 
   Reservist Other obligor (A)(i) Initial loan described in section 
 3710(a) to purchase or construct a dwelling with 0-down, or any other 
initial loan described in section 3710(a) other than with 5-down or 10-
                 down (closed before January 1, 2004) 
................................................................. 2.00 
 2.75 NA (A)(ii) Initial loan described in section 3710(a) to purchase 
    or construct a dwelling with 0-down, or any other initial loan 
described in section 3710(a) other than with 5-down or 10-down (closed 
  on or after January 1, 2004, and before October 1, 2004) .......... 
  2.20 2.40 NA (A)(iii) Initial loan described in section 3710(a) to 
purchase or construct a dwelling with 0-down, or any other initial loan 
described in section 3710(a) other than with 5-down or 10-down (closed 
 on or after October 1, 2004, and before October 1, 2011) 2.15 2.40 NA 
   (A)(iv) Initial loan described in section 3710(a) to purchase or 
 construct a dwelling with 0-down, or any other initial loan described 
  in section 3710(a) other than with 5-down or 10-down (closed on or 
                        after October 1, 2011) 
 ................................................. 1.40 1.65 NA (B)(i) 
Subsequent loan described in section 3710(a) to purchase or construct a 
dwelling with 0-down, or any other subsequent loan described in section 
3710(a) (closed before January 1, 2004) .................... 3.00 3.00 
NA (B)(ii) Subsequent loan described in section 3710(a) to purchase or 
    construct a dwelling with 0-down, or any other subsequent loan 
 described in section 3710(a) (closed on or after January 1, 2004, and 
                        before October 1, 2011) 
    .................................................. 3.30 3.30 NA 
 (B)(iii) Subsequent loan described in section 3710(a) to purchase or 
    construct a dwelling with 0-down, or any other subsequent loan 
 described in section 3710(a) (closed on or after October 1, 2011 and 
                        before October 1, 2013) 
.................................................. 2.15 2.15 NA (B)(iv) 
Subsequent loan described in section 3710(a) to purchase or construct a 
dwelling with 0-down, or any other subsequent loan described in section 
3710(a) (closed on or after October 1, 2013) ............. 1.25 1.25 NA 
  (C)(i) Loan described in section 3710(a) to purchase or construct a 
         dwelling with 5-down (closed before October 1, 2011) 
.......................................................... 1.50 1.75 NA 
 (C)(ii) Loan described in section 3710(a) to purchase or construct a 
       dwelling with 5-down (closed on or after October 1, 2011) 
 ................................................. 0.75 1.00 NA (D)(i) 
 Initial loan described in section 3710(a) to purchase or construct a 
         dwelling with 10-down (closed before October 1, 2011) 
 ............................................... 1.25 1.50 NA (D)(ii) 
 Initial loan described in section 3710(a) to purchase or construct a 
      dwelling with 10-down (closed on or after October 1, 2011) 
   ....................................... 0.50 0.75 NA Type of loan 
Active duty veteran Reservist Other obligor (E) Interest rate reduction 
 refinancing loan ................ 0.50 0.50 NA (F) Direct loan under 
     section 3711 ............................... 1.00 1.00 NA (G) 
Manufactured home loan under section 3712 (other than an interest rate 
                      reduction refinancing loan) 
........................................................................
 ..... 1.00 1.00 NA (H) Loan to Native American veteran under section 
     3762 (other than an interest rate reduction refinancing loan) 
 ............................................................... 1.25 
 1.25 NA (I) Loan assumption under section 3714 ...................... 
             0.50 0.50 0.50 (J) Loan under section 3733(a) 
...................................... 2.25 2.25 2.25 (3) Any reference 
 to a section in the Type of loan column 
  in the loan fee table in paragraph (2) refers to a section of this 
      title. (4) For the purposes of paragraph (2): (A) The term 
  active duty veteran means any veteran 
 eligible for the benefits of this chapter other than a Reservist. (B) 
   The term Reservist means a veteran 
described in section 3701 (b)(5)(A) of this title who is eligible under 
  section 3702(a)(2)(E) of this title. (C) The term other 
   obligor means a person who is not a veteran, as 
    defined in section 101 of this title or other provision of this 
chapter. (D) The term initial loan means 
a loan to a veteran guaranteed under section 3710 or made under section 
3711 of this title if the veteran has never obtained a loan guaranteed 
 under section 3710 or made under section 3711 of this title. (E) The 
 term subsequent loan means a loan to a 
   veteran, other than an interest rate reduction refinancing loan, 
guaranteed under section 3710 or made under section 3711 of this title 
if the veteran has previously obtained a loan guaranteed under section 
      3710 or made under section 3711 of this title. (F) The term 
interest rate reduction refinancing loan 
    means a loan described in section 3710(a)(8), 3710(a)(9)(B)(i), 
  3710(a)(11), 3712(a)(1)(F), or 3762(h) of this title. (G) The term 
 0-down means a downpayment, if any, of 
less than 5 percent of the total purchase price or construction cost of 
the dwelling. (H) The term 5-down means a 
downpayment of at least 5 percent or more, but less than 10 percent, of 
the total purchase price or construction cost of the dwelling. (I) The 
 term 10-down means a downpayment of 10 
percent or more of the total purchase price or construction cost of the 
 dwelling. (c) WAIVER OF FEE.(1) A fee may not be collected under 
this section from a veteran who is receiving compensation (or who, but 
   for the receipt of retirement pay or active service pay, would be 
  entitled to receive compensation) or from a surviving spouse of any 
veteran (including a person who died in the active military, naval, or 
   air service) who died from a service-connected disability. (2) A 
veteran who is rated eligible to receive compensation as a result of a 
  pre-discharge disability examination and rating shall be treated as 
 receiving compensation for purposes of this subsection as of the date 
  on which the veteran is rated eligible to receive compensation as a 
 result of the pre-discharge disability examination and rating without 
  regard to whether an effective date of the award of compensation is 
 established as of that date. (Added Pub. L. 97253, title IV, 
Sec. 406(a)(1), Sept. 8, 1982, 96 Stat. 805, Sec. 1829; amended Pub. L. 
98369, div. B, title V, Sec. 2511(a), July 18, 1984, 98 Stat. 
1117; Pub. L. 100198, Sec. 2, 10(c), Dec. 21, 1987, 101 Stat. 
  1315, 1323; Pub. L. 100203, title VII, Sec. 7002, Dec. 22, 
 1987, 101 Stat. 1330279; Pub. L. 100322, title IV, 
 Sec. 415(c)(6), May 20, 1988, 102 Stat. 551; Pub. L. 101237, 
title III, Sec. 303(a), 313(b)(1), Dec. 18, 1989, 103 Stat. 2071, 2077; 
 Pub. L. 101239, title V, Sec. 5001, Dec. 19, 1989, 103 Stat. 
2136; Pub. L. 101508, title VIII, Sec. 8032, Nov. 5, 1990, 104 
  Stat. 1388348; Pub. L. 10254, Sec. 15(a)(3), (4), 
June 13, 1991, 105 Stat. 289; renumbered Sec. 3729 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
102547, Sec. 2(b)(1), 5, Oct. 28, 1992, 106 Stat. 3633, 3636; 
Pub. L. 10366, title XII, Sec. 12007, Aug. 10, 1993, 107 Stat. 
414; Pub. L. 103446, title IX, Sec. 904(c), Nov. 2, 1994, 108 
  Stat. 4677; Pub. L. 104275, title II, Sec. 202(b), Oct. 9, 
 1996, 110 Stat. 3330; Pub. L. 10533, title VIII, Secs. 8012, 
8032, Aug. 5, 1997, 111 Stat. 664, 669; Pub. L. 105368, title 
 VI, Secs. 602(e)(1)(D), 603(b), Nov. 11, 1998, 112 Stat. 3346, 3348; 
Pub. L. 106419, title IV, Sec. 402(b), Nov. 1, 2000, 114 Stat. 
1861; Pub. L. 10714, Sec. 8(b)(4), June 5, 2001, 115 Stat. 36; 
 Pub. L. 107103, title IV, Secs. 405(c), 406, Dec. 27, 2001, 
 115 Stat. 994; Pub. L. 108183, title IV, Sec. 405, Dec. 16, 
2003, 117 Stat. 2665; Pub. L. 108454, title IV, Sec. 406, Dec. 
10, 2004, 118 Stat. 3617; Pub. L. 111275, title II, Sec. 204, 
 Oct. 13, 2010, 124 Stat. 2874.) ' 3730. Use of attorneys in court (a) 
 The Secretary shall authorize attorneys employed by the Department of 
 Veterans Affairs to exercise the right of the United States to bring 
  suit in court to foreclose a loan made or acquired by the Secretary 
 under this chapter and to recover possession of any property acquired 
  by the Secretary under this chapter. The Secretary may acquire the 
   services of attorneys, other than those who are employees of the 
Department of Veterans Affairs, to exercise that right. The activities 
 of attorneys in bringing suit under this section shall be subject to 
the direction and supervision of the Attorney General and to such terms 
 and conditions as the Attorney General may prescribe. (b) Nothing in 
this section derogates from the authority of the Attorney General under 
sections 516 and 519 of title 28 to direct and supervise all litigation 
to which the United States or an agency or officer of the United States 
   is a party. (Added Pub. L. 98369, div. B, title V, Sec. 
 2512(b)(1), July 18, 1984, 98 Stat. 1120, Sec. 1830; amended Pub. L. 
99576, title IV, Sec. 406, Oct. 28, 1986, 100 Stat. 3282; Pub. 
L. 101237, title III, Sec. 313(b)(1), (2), Dec. 18, 1989, 103 
 Stat. 2077; renumbered Sec. 3730, Pub. L. 10283, Sec. 5(a), 
 Aug. 6, 1991, 105 Stat. 406; Pub. L. 105 368, title X, Sec. 
1005(b)(12), Nov. 11, 1998, 112 Stat. 3365.) ' 3731. Appraisals (a) The 
     Secretary shall (1) subject to subsection (b)(2) and in 
consultation with appropriate representatives of institutions which are 
     regularly engaged in making housing loans, prescribe uniform 
qualifications for appraisers, including the successful completion of a 
  written test, submission of a sample appraisal, certification of an 
    appropriate number of years of experience as an appraiser, and 
   submission of recommendations from other appraisers; (2) use such 
 qualifications in determining whether to approve an appraiser to make 
   appraisals of the reasonable value of any property, construction, 
 repairs, or alterations for the purposes of this chapter; and (3) in 
 consultation with local representatives of institutions described in 
clause (1) of this subsection, develop and maintain lists of appraisers 
who are approved under clause (2) of this subsection to make appraisals 
  for the purposes of this chapter. (b)(1) The Secretary shall select 
appraisers from a list required by subsection (a)(3) of this section on 
 a rotating basis to make appraisals for the purposes of this chapter. 
  (2) If uniform qualifications become applicable for appraisers who 
 perform appraisals for or in connection with the Federal Government, 
the qualifications required by subsection (a)(1) of this section may be 
more stringent than such uniform qualifications, but the Secretary may 
  use no written test in determining the qualifications of appraisers 
       other than the test prescribed to implement such uniform 
   qualifications. (c) Except as provided in subsection (f) of this 
    section, the appraiser shall forward an appraisal report to the 
Secretary for review. Upon receipt of such report, the Secretary shall 
determine the reasonable value of the property, construction, repairs, 
or alterations for purposes of this chapter, and notify the veteran of 
such determination. Upon request, the Secretary shall furnish a copy of 
the appraisal made of property for the purposes of this chapter to the 
   lender proposing to make the loan which is to be secured by such 
 property and is to be guaranteed under this chapter. (d) If a lender 
(other than a lender authorized under subsection (f) of this section to 
determine reasonable value) (1) has proposed to make a loan to be 
guaranteed under this chapter, (2) has been furnished a certificate of 
 reasonable value of any property or of any construction, repairs, or 
alterations of property which is to be the security for such loan, and 
    (3) within a reasonable period prescribed by the Secretary, has 
 furnished to the Secretary an additional appraisal of the reasonable 
value of such property, construction, repairs, or alterations which was 
 made by an appraiser selected by the lender from the list required by 
 subsection (a)(3) of this section, the Secretary shall consider both 
   the initial appraisal and the additional appraisal and shall, if 
 appropriate, issue a revised certificate of reasonable value of such 
property, construction, repairs, or alterations. (e)(1) In no case may 
  a veteran be required to pay all or any portion of the cost of the 
 additional appraisal described in subsection (d)(3) of this section. 
    (2) If a veteran, within a reasonable period prescribed by the 
 Secretary, has furnished to the Secretary an additional appraisal of 
   the reasonable value of such property, construction, repairs, or 
alterations which was made by an appraiser selected by the veteran from 
 the list required by subsection (a)(3) of this section, the Secretary 
shall consider such appraisal, along with other appraisals furnished to 
 the Secretary, and shall, if appropriate, issue a revised certificate 
    of reasonable value of such property, construction, repairs, or 
alterations. (f)(1) Subject to the provisions of paragraphs (2) and (3) 
of this subsection, the Secretary may, in accordance with standards and 
  procedures established in regulations prescribed by the Secretary, 
 authorize a lender to determine the reasonable value of property for 
the purposes of this chapter if the lender is authorized to make loans 
which are automatically guaranteed under section 3702(d) of this title. 
  In such a case, the appraiser selected by the Secretary pursuant to 
   subsection (b) of this section shall submit the appraisal report 
  directly to the lender for review, and the lender shall, as soon as 
possible thereafter, furnish a copy of the appraisal to the veteran who 
    is applying for the loan concerned and to the Secretary. (2) In 
exercising the authority provided in paragraph (1) of this subsection, 
 the Secretary shall assign a sufficient number of personnel to carry 
    out an appraisal-review system to monitor, on at least a random-
    sampling basis, the making of appraisals by appraisers and the 
  effectiveness and the efficiency of the determination of reasonable 
 value of property by lenders. x(3) Repealed. Pub. L. 104110, 
 title I, Sec. 101(g), Feb. 13, 1996, 110 Stat. 768. (4) Not 
    later than April 30 of each year following a year in which the 
Secretary authorizes lenders to determine reasonable value of property 
under this subsection, the Secretary shall submit to the Committees on 
       Veterans Affairs of the Senate and the House of 
  Representatives a report relating to the exercise of that authority 
  during the year in which the authority was exercised. (5) A report 
 submitted pursuant to paragraph (4) of this subsection shall include, 
for the period covered by each report (A) the number and value of 
loans made by lenders exercising the authority of this subsection; (B) 
  the number and value of such loans reviewed by the appraisal-review 
   monitors referred to in paragraph (2) of this subsection; (C) the 
   number and value of loans made under this subsection of which the 
Secretary received notification of default; (D) the amount of guaranty 
paid by the Secretary to such lenders by reason of defaults on loans as 
to which reasonable value was determined under this subsection; and (E) 
such recommendations as the Secretary considers appropriate to improve 
 the exercise of the authority provided for in this subsection and to 
      protect the interests of the United States. (Added Pub. L. 
 99576, title IV, Sec. 407(a), Oct. 28, 1986, 100 Stat. 3282, 
 Sec. 1831; amended Pub. L. 100198, Sec. 11(a), (b), Dec. 21, 
    1987, 101 Stat. 1324; Pub. L. 101237, title III, Sec. 
313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 10254, Sec. 
   3(b), (c), June 13, 1991, 105 Stat. 267; renumbered Sec. 3731 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 102547, Sec. 7, Oct. 28, 1992, 106 Stat. 
3636; Pub. L. 104110, title I, Sec. 101(g), Feb. 13, 1996, 110 
Stat. 768.) ' 3732. Procedure on default (a)(1) In the event of default 
in the payment of any loan guaranteed under this chapter, the holder of 
the obligation shall notify the Secretary of such default. Upon receipt 
 of such notice, the Secretary may, subject to subsection (c) of this 
section, pay to such holder the guaranty not in excess of the pro rata 
  portion of the amount originally guaranteed. Except as provided in 
 section 3703(e) of this title, if the Secretary makes such a payment, 
 the Secretary shall be subrogated to the rights of the holder of the 
  obligation to the extent of the amount paid on the guaranty. (2)(A) 
 Before suit or foreclosure the holder of the obligation shall notify 
  the Secretary of the default, and within thirty days thereafter the 
Secretary may, at the Secretarys option, pay the holder of the 
 obligation the unpaid balance of the obligation plus accrued interest 
  and receive an assignment of the loan and security. Nothing in this 
section shall preclude any forebearance for the benefit of the veteran 
 as may be agreed upon by the parties to the loan and approved by the 
 Secretary. (B) In the event that a housing loan guaranteed under this 
chapter is modified under the authority provided under section 1322(b) 
  of title 11, the Secretary may pay the holder of the obligation the 
unpaid principal balance of the obligation due, plus accrued interest, 
 as of the date of the filing of the petition under title 11, but only 
upon the assignment, transfer, and delivery to the Secretary (in a form 
  and manner satisfactory to the Secretary) of all rights, interest, 
claims, evidence, and records with respect to the housing loan. (3) The 
 Secretary may establish the date, not later than the date of judgment 
 and decree of foreclosure or sale, upon which accrual of interest or 
    charges shall cease. (4)(A) Upon receiving a notice pursuant to 
paragraph (1) of this subsection, the Secretary shall (i) provide 
 the veteran with information and, to the extent feasible, counseling 
regarding (I) alternatives to foreclosure, as appropriate in light 
 of the veterans particular circumstances, including possible 
   methods of curing the default, conveyance of the property to the 
 Secretary by means of a deed in lieu of foreclosure, and the actions 
   authorized by paragraph (2) of this subsection; and (II) what the 
   Department of Veterans Affairs and the veterans 
     liabilities would be with respect to the loan in the event of 
foreclosure; and (ii) advise the veteran regarding the availability of 
 such counseling; except with respect to loans made by a lender which 
the Secretary has determined has a demonstrated record of consistently 
 providing timely and accurate information to veterans with respect to 
      such matters. (B) The Secretary shall, to the extent of the 
 availability of appropriations, ensure that sufficient personnel are 
available to administer subparagraph (A) of this paragraph effectively 
and efficiently. (5) In the event of default in the payment of any loan 
guaranteed or insured under this chapter in which a partial payment has 
 been tendered by the veteran concerned and refused by the holder, the 
  holder of the obligation shall notify the Secretary as soon as such 
   payment has been refused. The Secretary may require that any such 
 notification include a statement of the circumstances of the default, 
the amount tendered, the amount of the indebtedness on the date of the 
  tender, and the reasons for the holders refusal. (b) With 
respect to any loan made under section 3711 which has not been sold as 
  provided in subsection (g) of such section, if the Secretary finds, 
  after there has been a default in the payment of any installment of 
 principal or interest owing on such loan, that the default was due to 
 the fact that the veteran who is obligated under the loan has become 
  unemployed as the result of the closing (in whole or in part) of a 
   Federal installation, the Secretary shall (1) extend the time for 
    curing the default to such time as the Secretary determines is 
necessary and desirable to enable such veteran to complete payments on 
 such loan, including an extension of time beyond the stated maturity 
   thereof, or (2) modify the terms of such loan for the purpose of 
  changing the amortization provisions thereof by recasting, over the 
remaining term of the loan, or over such longer period as the Secretary 
 may determine, the total unpaid amount then due with the modification 
to become effective currently or upon the termination of an agreed-upon 
extension of the period for curing the default. (c)(1) For purposes of 
        this subsection (A) The term defaulted 
   loan means a loan that is guaranteed under this 
 chapter, that was made for a purpose described in section 3710(a) of 
           this title, and that is in default. (B) The term 
liquidation sale means a judicial sale or 
 other disposition of real property to liquidate a defaulted loan that 
       is secured by such property. (C) The term net 
   value, with respect to real property, means the 
 amount equal to (i) the fair market value of the property, minus (ii) 
 the total of the amounts which the Secretary estimates the Secretary 
   would incur (if the Secretary were to acquire and dispose of the 
property) for property taxes, assessments, liens, property maintenance, 
    property improvement, administration, resale (including losses 
  sustained on the resale of the property), and other costs resulting 
  from the acquisition and disposition of the property, excluding any 
amount attributed to the cost to the Government of borrowing funds. (D) 
   Except as provided in subparagraph (D) of paragraph (10) of this 
subsection, the term total indebtedness, 
 with respect to a defaulted loan, means the amount equal to the total 
of (i) the unpaid principal of the loan, (ii) the interest on the loan 
as of the date applicable under paragraph (10) of this subsection, and 
(iii) such reasonably necessary and proper charges (as specified in the 
    loan instrument and permitted by regulations prescribed by the 
Secretary to implement this subsection) associated with liquidation of 
 the loan, including advances for taxes, insurance, and maintenance or 
    repair of the real property securing the loan. (2)(A) Except as 
provided in subparagraph (B) of this paragraph, this subsection applies 
   to any case in which the holder of a defaulted loan undertakes to 
liquidate the loan by means of a liquidation sale. (B) This subsection 
    does not apply to a case in which the Secretary proceeds under 
    subsection (a)(2) of this section. (3)(A) Before carrying out a 
liquidation sale of real property securing a defaulted loan, the holder 
   of the loan shall notify the Secretary of the proposed sale. Such 
 notice shall be provided in accordance with regulations prescribed by 
   the Secretary to implement this subsection. (B) After receiving a 
 notice described in subparagraph (A) of this paragraph, the Secretary 
shall determine the net value of the property securing the loan and the 
 amount of the total indebtedness under the loan and shall notify the 
 holder of the loan of the determination of such net value. (4) A case 
referred to in paragraphs (5), (6), and (7) of this subsection as being 
  described in this paragraph is a case in which the net value of the 
  property securing a defaulted loan exceeds the amount of the total 
  indebtedness under the loan minus the amount guaranteed under this 
 chapter. (5) In a case described in paragraph (4) of this subsection, 
if the holder of the defaulted loan acquires the property securing the 
   loan at a liquidation sale for an amount that does not exceed the 
lesser of the net value of the property or the total indebtedness under 
   the loan (A) the holder shall have the option to convey the 
property to the United States in return for payment by the Secretary of 
an amount equal to the lesser of such net value or total indebtedness; 
  and (B) the liability of the United States under the loan guaranty 
    under this chapter shall be limited to the amount of such total 
    indebtedness minus the net value of the property. (6) In a case 
  described in paragraph (4) of this subsection, if the holder of the 
 defaulted loan does not acquire the property securing the loan at the 
  liquidation sale, the liability of the United States under the loan 
guaranty under this chapter shall be limited to the amount equal to (A) 
the amount of such total indebtedness, minus (B) the amount realized by 
   the holder incident to the sale or the net value of the property, 
whichever is greater. (7) In a case described in paragraph (4) of this 
 subsection, if the holder of the defaulted loan acquires the property 
 securing the loan at the liquidation sale for an amount that exceeds 
 the lesser of the total indebtedness under the loan or the net value 
  and (A)(i) the amount was the minimum amount for which, under 
  applicable State law, the property was permitted to be sold at the 
   liquidation sale, the holder shall have the option to convey the 
property to the United States in return for payment by the Secretary of 
   an amount equal to the lesser of the amount for which the holder 
acquired the property or the total indebtedness under the loan; or (ii) 
 there was no minimum amount for which the property had to be sold at 
the liquidation sale under applicable State law, the holder shall have 
 the option to convey the property to the United States in return for 
 payment by the Secretary of an amount equal to the lesser of such net 
value or total indebtedness; and (B) the liability of the United States 
under the loan guaranty under this chapter is as provided in paragraph 
(6) of this subsection. (8) If the net value of the property securing a 
defaulted loan is not greater than the amount of the total indebtedness 
under the loan minus the amount guaranteed under this chapter (A) 
the Secretary may not accept conveyance of the property from the holder 
of the loan; and (B) the liability of the United States under the loan 
guaranty shall be limited to the amount of the total indebtedness under 
 the loan minus the amount realized by the holder of the loan incident 
to the sale at a liquidation sale of the property. (9) In no event may 
 the liability of the United States under a guaranteed loan exceed the 
 amount guaranteed with respect to that loan under section 3703(b) of 
 this title. All determinations under this subsection of net value and 
 total indebtedness shall be made by the Secretary. (10)(A) Except as 
   provided in subparagraphs (B) and (C) of this paragraph, the date 
  referred to in paragraph (1)(D)(ii) of this subsection shall be the 
date of the liquidation sale of the property securing the loan (or such 
 earlier date following the expiration of a reasonable period of time 
    for such sale to occur as the Secretary may specify pursuant to 
regulations prescribed by the Secretary to implement this subsection). 
 (B)(i) Subject to division (ii) of this subparagraph, in any case in 
which there is a substantial delay in such sale caused by the holder of 
 the loan exercising forebearance at the request of the Secretary, the 
 date referred to in paragraph (1)(D)(ii) of this subsection shall be 
such date, on or after the date on which forebearance was requested and 
prior to the date of such sale, as the Secretary specifies pursuant to 
   regulations which the Secretary shall prescribe to implement this 
paragraph. (ii) The Secretary may specify a date under subdivision (i) 
 of this subparagraph only if, based on the use of a date so specified 
    for the purposes of such paragraph (1)(D)(ii), the Secretary is 
  authorized, under paragraph (5)(A) or (7)(A) of this subsection, to 
accept conveyance of the property. (C) In any case in which there is an 
    excessive delay in such liquidation sale caused (i) by the 
   Department of Veterans Affairs (including any delay caused by its 
 failure to provide bidding instructions in a timely fashion); or (ii) 
   by a voluntary case commenced under title 11, United States Code 
(relating to bankruptcy); the date referred to in paragraph (1)(D)(ii) 
   of this subsection shall be a date, earlier than the date of such 
liquidation sale, which the Secretary specifies pursuant to regulations 
 which the Secretary shall prescribe to implement this paragraph. (D) 
For the purpose of determining the liability of the United States under 
 a loan guaranty under paragraphs (5)(B), (6), (7)(B), and (8)(B), the 
  amount of the total indebtedness with respect to such loan guaranty 
shall include, in any case in which there was an excessive delay caused 
 by the Department of Veterans Affairs in the liquidation sale of the 
 property securing such loan, any interest which had accrued as of the 
  date of such sale and which would not be included, except for this 
subparagraph, in the calculation of such total indebtedness as a result 
 of the specification of an earlier date under subparagraph (C)(i) of 
this paragraph. (11) This subsection shall apply to loans closed before 
October 1, 2012. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1212, 
Sec. 1816(a)(c); Pub. L. 89117, title I, Sec. 107(f), 
 Aug. 10, 1965, 79 Stat. 460; Pub. L. 94324, Sec. 7(17), June 
 30, 1976,90 Stat. 722; Pub. L. 98369, div. B, title V, Sec. 
 2512(a), July 18, 1984, 98 Stat. 1117; Pub. L. 100198, Sec. 
  4(a), 5(a), Dec. 21, 1987, 101 Stat. 1316; renumbered Sec. 1832 and 
            amended Pub. L. 100322, title IV, Sec. 
 415(b)(1)(A)(C), (5), May 20, 1988, 102 Stat. 550, 551; Pub. 
  L. 101237, title III, Sec. 304(b), 307308(b)(1), 
313(b)(1), (2), Dec. 18, 1989, 103 Stat. 20732075, 2077; Pub. 
  L. 10254, Sec. 1, 3(a), 14(g)(1), June 13, 1991, 105 Stat. 
267, 288; renumbered Sec. 3732 and amendedPub. L. 10283, Sec. 
  5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10366, 
    title XII, Sec. 12006(a), Aug. 10, 1993, 107 Stat. 414; Pub. L. 
103446, title IX, Sec. 907, Nov. 2, 1994, 108 Stat. 4677; Pub. 
L. 10533, title VIII, Sec. 8013, Aug. 5, 1997, 111 Stat. 664; 
Pub. L. 106419, title IV, Sec. 402(c), Nov. 1, 2000, 114 Stat. 
 1863; Pub. L. 107103, title IV, Sec. 405(d), Dec. 27, 2001, 
 115 Stat. 994; Pub. L. 108 183, title IV, Sec. 406, Dec. 16, 
 2003, 117 Stat. 2666; Pub. L. 109233, title V, Sec. 503(9), 
June 15, 2006, 120 Stat. 416; Pub. L. 111275, title VIII, Sec. 
  802(a), Oct. 13, 2010, 124 Stat. 2888.) ' 3733. Property management 
 (a)(1) Of the number of purchases made during any fiscal year of real 
property acquired by the Secretary as the result of a default on a loan 
   guaranteed under this chapter for a purpose described in section 
   3710(a) of this title, not more than 65 percent, nor less than 50 
   percent, of such purchases may be financed by a loan made by the 
Secretary. The maximum percentage stated in the preceding sentence may 
    be increased to 80 percent for any fiscal year if the Secretary 
determines that such an increase is necessary in order to maintain the 
effective functioning of the loan guaranty program. (2) After September 
30, 1990, the percentage limitations described in paragraph (1) of this 
 subsection shall have no effect. (3) The Secretary may, beginning on 
    October 1, 1990, sell any note evidencing a loan referred to in 
paragraph (1) (A) with recourse; or (B) without recourse, but only 
if the amount received is equal to an amount which is not less than the 
unpaid balance of such loan. (4)(A) Except as provided in subparagraph 
(B), the amount of a loan made by the Secretary to finance the purchase 
of real property from the Secretary described in paragraph (1) may not 
exceed an amount equal to 95 percent of the purchase price of such real 
property. (B)(i) The Secretary may waive the provisions of subparagraph 
  (A) in the case of any loan described in paragraph (5). (ii) A loan 
    described in subparagraph (A) may, to the extent the Secretary 
    determines to be necessary in order to market competitively the 
  property involved, exceed 95 percent of the purchase price. (5) The 
Secretary may include, as part of a loan to finance a purchase of real 
property from the Secretary described in paragraph (1), an amount to be 
used only for the purpose of rehabilitating such property. Such amount 
 may not exceed the amount necessary to rehabilitate the property to a 
 habitable state, and payments shall be made available periodically as 
 such rehabilitation is completed. (6) The Secretary shall make a loan 
 to finance the sale of real property described in paragraph (1) at an 
    interest rate that is lower than the prevailing mortgage market 
    interest rate in areas where, and to the extent, the Secretary 
determines, in light of prevailing conditions in the real estate market 
involved, that such lower interest rate is necessary in order to market 
  the property competitively and is in the interest of the long-term 
  stability and solvency of the Veterans Housing Benefit Program Fund 
  established by section 3722(a) of this title. (7) During the period 
 that begins on December 16, 2003, and ends on September 30, 2013, the 
Secretary shall carry out the provisions of this subsection as if 
     (A) the references in the first sentence of paragraph (1) to 
    65 percent and may be 
     financed were references to 85 
          percent and shall be 
 financed, respectively; (B) the second sentence of 
paragraph (1) were repealed; and (C) the reference in paragraph (2) to 
 September 30, 1990, were a reference to 
 September 30, 2013,. (b) The Secretary 
 may not make a loan to finance a purchase of property acquired by the 
  Secretary as a result of a default on a loan guaranteed under this 
 chapter unless the purchaser meets the credit underwriting standards 
   established under section 3710(g)(2)(A) of this title. (c)(1) The 
  Secretary shall identify and compile information on common factors 
     which the Secretary finds contribute to foreclosures on loans 
   guaranteed under this chapter. (2) The Secretary shall include a 
   summary of the information compiled, and the Secretarys 
  findings, under paragraph (1) in the annual report submitted to the 
 Congress under section 529 of this title. As part of such summary and 
   findings, the Secretary shall provide a separate analysis of the 
   factors which contribute to foreclosures of loans which have been 
assumed. (d)(1) The Secretary shall furnish to real estate brokers and 
 other real estate sales professionals information on the availability 
of real property for disposition under this chapter and the procedures 
used by the Department of Veterans Affairs to dispose of such property. 
 (2) For the purpose of facilitating the most expeditious sale, at the 
 highest possible price, of real property acquired by the Secretary as 
 the result of a default on a loan guaranteed, insured, or made under 
  this chapter, the Secretary shall list all such property with real 
 estate brokers under such arrangements as the Secretary determines to 
be most appropriate and cost effective. (Pub. L. 85857, Sept. 
    2, 1958, 72 Stat. 1212, Sec. 1816(d)(f), 1832; Pub. L. 
 98 369, div. B, title V, Sec. 2512(a)(2), July 18, 1984, 98 
  Stat. 1117; Pub. L. 99576, title IV, Sec. 402(c)(1), 403, 
408(a), Oct. 28, 1986, 100 Stat. 3281, 3283; Pub. L. 100 136, 
  Sec. 2, Oct. 16, 1987, 101 Stat. 813; Pub. L. 100198, Sec. 
6(a)(1), (b)(1), 14, Dec. 21, 1987, 101 Stat. 1317, 1318, 1325; Pub. L. 
  100203, title VII, Sec. 7001, 7003(a), Dec. 22, 1987, 101 
Stat. 1330278, 1330279; Pub. L. 100253, Sec. 
 2, Feb. 29, 1988, 102 Stat. 20; renumbered Sec. 1833 and amended Pub. 
 L. 100322, title IV, Sec. 415(b)(1)(D), (5)(B), (C), May 20, 
1988, 102 Stat. 550, 551; Pub. L. 100689, title III, Sec. 301, 
Nov. 18, 1988, 102 Stat. 4176; Pub. L. 101237, title III, Sec. 
 305(a), 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2073, 2077; Pub. L. 
101239, title V, Sec. 5002, 5003(a), Dec. 19, 1989, 103 Stat. 
  2136; Pub. L. 10254, Sec. 2, 14(g)(1), 15(a)(5), June 13, 
1991, 105 Stat. 267, 288, 289; renumbered Sec. 3733 and amended Pub. L. 
  10283, Sec. 2(c)(3), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
 402, 406; Pub. L. 102291, Sec. 5(b), May 20, 1992, 106 Stat. 
180; Pub. L. 105368, title VI, Sec. 602(c)(2), (e)(1)(E), Nov. 
11, 1998, 112 Stat. 3346; Pub. L. 108183, title IV, Sec. 404, 
 Dec. 16, 2003, 117 Stat. 2664; Pub. L. 109233, title V, Sec. 
 503(10), June 15, 2006, 120 Stat. 416; Pub. L. 111275, title 
    X, Sec. 1001(j), Oct. 13, 2010, 124 Stat. 2897.) ' 3734. Annual 
submission of information on the Veterans Housing Benefit Program Fund 
     and housing programs (a) In the documents providing detailed 
 information on the budget for the Department of Veterans Affairs that 
     the Secretary submits to the Congress in conjunction with the 
Presidents budget submission for each fiscal year pursuant to 
   section 1105 of title 31, the Secretary shall include (1) a 
 description of the operations of the Veterans Housing Benefit Program 
    Fund and the Guaranty and Indemnity Fund during the fiscal year 
 preceding the fiscal year in which such budget is submitted; and (2) 
  the needs of such fund, if any, for appropriations for (A) the 
 fiscal year in which the budget is submitted; and (B) the fiscal year 
  for which the budget is submitted. (b) The matters submitted under 
subsection (a) of this section shall include, with respect to the fund 
   referred to in subsection (a), the following: (1) Information and 
  financial data on the operations of the fund during the fiscal year 
    before the fiscal year in which such matters are submitted and 
 estimated financial data and related information on the operation of 
 the fund for (A) the fiscal year of the submission; and (B) the 
fiscal year following the fiscal year of the submission. (2) Estimates 
   of the amount of revenues derived by the fund in the fiscal year 
preceding the fiscal year of the submission, in the fiscal year of the 
  submission, and in the fiscal year following the fiscal year of the 
submission from each of the following sources: (A) Fees collected under 
  section 3729(a) of this title for each category of loan guaranteed, 
insured, or made under this chapter or collected under section 3729(b) 
 of this title for assumed loans. (B) Investment income. (C) Sales of 
foreclosed properties. (D) Loan asset sales. (E) Each additional source 
   of revenue. (3) Information, for each fiscal year referred to in 
 paragraph (2) of this subsection, regarding the types of dispositions 
   made and anticipated to be made of defaults on loans guaranteed, 
 insured, or made under this chapter, including the cost to the fund, 
  and the numbers, of such types of dispositions. (c) The information 
     submitted under subsection (a) shall include a statement that 
   summarizes the financial activity of each of the housing programs 
operated under this chapter. The statement shall be presented in a form 
  that is simple, concise, and readily understandable, and shall not 
  include references to financing accounts, liquidating accounts, or 
   program accounts. (Added Pub. L. 101237, title III, Sec. 
 302(b)(1), Dec. 18, 1989, 103 Stat. 2070, Sec. 1834; renumbered Sec. 
  3734 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 
 1991, 105 Stat. 406; Pub. L. 105368, title VI, Sec. 602(d), 
    (e)(1)(F), (3)(A), Nov. 11, 1998, 112 Stat. 3346, 3347; Pub. L. 
   10714, Sec. 8(a)(9), June 5, 2001, 115 Stat. 35; Pub. L. 
 107330, title III, Sec. 308(g)(12), Dec. 6, 2002, 116 Stat. 
2829.) x' 3735. Renumbered 2041 ' 3736. Reporting requirements 
The annual report required by section 529 of this title shall include a 
  discussion of the activities under this chapter. Beginning with the 
  report submitted at the close of fiscal year 1996, and every second 
 year thereafter, this discussion shall include information regarding 
the following: (1) Loans made to veterans whose only qualifying service 
  was in the Selected Reserve. (2) Interest rates and discount points 
 which were negotiated between the lender and the veteran pursuant to 
   section 3703(c)(4)(A)(i) of this title. (3) The determination of 
reasonable value by lenders pursuant to section 3731(f) of this title. 
    (4) Loans that include funds for energy efficiency improvements 
  pursuant to section 3710(a)(10) of this title. (5) Direct loans to 
Native American veterans made pursuant to subchapter V of this chapter. 
  (Added Pub. L. 104110, title II, Sec. 201(a)(1), Feb. 13, 
 1996, 110 Stat. 770.) SUBCHAPTER IVSMALL BUSINESS LOANS ' 3741. 
   Definitions For the purposes of this subchapter (1) The term 
disabled veteran means (A) a veteran who 
 is entitled to compensation under laws administered by the Secretary 
 for a disability rated at 30 percent or more, or (B) a veteran whose 
discharge or release from active duty was for a disability incurred or 
  aggravated in line of duty. (2) The term veteran of the 
 Vietnam era means a person (A) who served on active 
  duty for a period of more than 180 days, any part of which occurred 
 during the Vietnam era, and who was discharged or released therefrom 
with other than a dishonorable discharge, or (B) who was discharged or 
  released from active duty for a service-connected disability if any 
 part of such active duty was performed during the Vietnam era. (Added 
 Pub. L. 9772, title III, Sec. 302(a), Nov. 3, 1981, 95 Stat. 
   1055, Sec. 1841; amended Pub. L. 99576, title VII, Sec. 
702(9), Oct. 28, 1986, 100 Stat. 3302; renumbered Sec. 3741 and amended 
  Pub. L. 10283, Sec. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 
   403, 406.) ' 3742. Small business loan program (a)(1) Subject to 
  subsection (b) of this section, the Secretary may provide financial 
assistance to veterans small business concerns for the purpose 
     of (A) financing plant construction, conversion, or expansion 
 (including the acquisition of land), (B) financing the acquisition of 
   equipment, facilities, machinery, supplies, or materials, or (C) 
supplying such concerns with working capital. (2) Subject to paragraph 
(3)(A) of this subsection, financial assistance under this section may 
 be provided in the form of (A) loan guaranties, or (B) direct loans. 
 (3) The Secretary shall specify in regulations the criteria to be met 
for a business concern to qualify as a veterans small business 
  concern for the purposes of this subchapter. Such regulations shall 
 include requirements (A) that at least 51 percent of a business 
 concern must be owned by individuals who are veterans of the Vietnam 
  era or disabled veterans in order for such concern to qualify for a 
 loan guaranty and that at least 51 percent of a business concern must 
be owned by disabled veterans in order for such concern to qualify for 
     a direct loan; and (B) that the management and daily business 
   operations of the concern must be directed by one or more of the 
veterans whose ownership interest is part of the majority ownership for 
     the purposes of meeting the requirement in clause (A) of this 
     paragraph. (b) The availability of financial assistance under 
subsection (a) of this section is subject to the following limitations: 
(1) The Secretary may not make a direct loan under this section unless 
  the veterans small business concern applying for the loan 
 shows to the satisfaction of the Secretary that the concern is unable 
  to obtain a loan guaranteed by the Department under this section or 
   made or guaranteed by the Small Business Administration. (2) The 
Secretary may not guarantee a loan under this section if the loan bears 
a rate of interest in excess of the maximum rate of interest prescribed 
  under section 3745 of this title. (3) The Secretary may not make or 
    guarantee a loan under this section for an amount in excess of 
   $200,000. (4) The original liability of the Secretary on any loan 
 guaranteed under this section may not exceed 90 percent of the amount 
  of the loan, and such liability shall decrease or increase pro rata 
 with any decrease or increase of the amount of the unpaid portion of 
the loan, but such liability may not exceed the amount of the original 
guaranty. (c) Each loan made or guaranteed under this subchapter shall 
be of such sound value, taking into account the creditworthiness of the 
 veterans small business concern (and the individual owners) 
applying for such loan, or so secured as reasonably to assure payment. 
  (d)(1) Except as provided in paragraph (2) of this subsection, the 
Secretary may not make or guarantee a loan under this sub-chapter to a 
veterans small business concern in which an ownership interest 
  is held by a veteran who also has an ownership interest in another 
  small business concern if such ownership interest was considered in 
     qualifying that other concern for an outstanding loan made or 
 guaranteed under this subchapter or the Small Business Act (15 U.S.C. 
 631 et seq.). (2) Paragraph (1) of this subsection shall not apply if 
    51 percent or more of the business concern seeking a direct or 
   guaranteed loan under this subchapter is owned by veterans of the 
   Vietnam era or disabled veterans without including the ownership 
   interest of the veteran whose ownership interest in another small 
  business concern was previously considered in qualifying that other 
  concern for an outstanding guaranteed or direct business loan under 
  this subchapter or the Small Business Act (15 U.S.C. 631 et seq.). 
  (e)(1) In order to protect the interest of the United States, upon 
application by a veterans small business concern which is the 
  recipient of a loan guaranteed under this subchapter, the Secretary 
   (subject to the provisions of this subsection) may undertake the 
 veterans small business concerns obligation to make 
payments under such loan or, if the loan was a direct loan made by the 
 Secretary, may suspend such obligation. While such payments are being 
made by the Secretary pursuant to the undertaking of such obligation or 
while such obligation is suspended, no such payment with respect to the 
loan may be required from the concern. (2) The Secretary may undertake 
    or suspend a veterans small business concerns 
 obligation under this subsection only if (A) such undertaking or 
  suspension of the obligation is, in the judgment of the Secretary, 
 necessary to protect the interest of the United States; (B) with the 
undertaking or suspension of the obligation, the small business concern 
  would, in the judgment of the Secretary, become or remain a viable 
 small business entity; and (C) the small business concern executes an 
   agreement in writing satisfactory to the Secretary as provided by 
paragraph (4) of this subsection. (3) The period of time for which the 
 Secretary undertakes or suspends the obligation on a loan under this 
  subsection may not exceed five years. The Secretary may extend the 
maturity of any loan on which the Secretary undertakes or suspends the 
 obligation under this subsection for a corresponding period of time. 
        (4)(A) Before the Secretary may undertake or suspend a 
  veterans small business concerns obligation under 
this subsection, the Secretary shall require the small business concern 
 to execute an agreement to repay the aggregate amount of the payments 
  which were required under the loan during the period for which the 
 obligation was undertaken or suspended (i) by periodic payments 
not less in amount or less frequently falling due than those which were 
  due under the loan during such period, (ii) pursuant to a repayment 
 schedule agreed upon by the Secretary and the small business concern, 
   or (iii) by a combination of the method of payments described in 
clauses (i) and (ii) of this subparagraph. (B) In addition to requiring 
   the small business concern to execute the agreement described in 
  subparagraph (A) of this paragraph, the Secretary shall, before the 
   undertaking or suspension of the obligation, take such action and 
require the small business concern to take such action as the Secretary 
considers appropriate in the circumstances, including the provision of 
 such security as the Secretary considers necessary or appropriate, to 
assure that the rights and interest of the United States and any lender 
  will be safeguarded adequately during and after the period in which 
     such obligation is so undertaken or suspended. (Added Pub. L. 
  9772, title III, Sec. 302(a), Nov. 3, 1981, 95 Stat. 1055, 
  Sec. 1842; amended Pub. L. 99576, title VII, Sec. 702(10), 
Oct. 28, 1986, 100 Stat. 3302; Pub. L. 101237, title III, Sec. 
  313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3742 and 
 amended Pub. L. 10283, Sec. 4(a)(3), (4), 5(a), (c)(1), Aug. 
     6, 1991, 105 Stat. 404, 406.) ' 3743. Liability on loans Each 
 individual who has an ownership interest in a veterans small 
business concern that is provided a direct loan under this subchapter, 
or that obtains a loan guaranteed under this sub-chapter, shall execute 
 a note or other document evidencing the direct or guaranteed business 
loan, and such individuals shall be jointly and severally liable to the 
 United States for the amount of such direct loan or, in the case of a 
  guaranteed loan, for any amount paid by the Secretary on account of 
 such loan. (Added Pub. L. 9772, title III, Sec. 302(a), Nov. 
  3, 1981, 95 Stat. 1057, Sec. 1843; amended Pub. L. 101237, 
 title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered 
 Sec. 3743, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
406.) ' 3744. Approval of loans by the Secretary (a) Except as provided 
 in subsection (b) of this section, a loan may not be guaranteed under 
this subchapter unless, before the closing of the loan, it is submitted 
 to the Secretary for approval and the Secretary grants approval. (b) 
  The Secretary may exempt any lender of a class of lenders listed in 
 section 3702(d) of this title from the prior approval requirement in 
  subsection (a) of this section if the Secretary determines that the 
experience of such lender or class of lenders warrants such exemption. 
  (c) The Secretary may at any time upon thirty days notice 
 require loans to be made by any lender or class of lenders under this 
  subchapter to be submitted to the Secretary for prior approval. No 
 guaranty shall exist with respect to any such loan unless evidence of 
the guaranty is issued by the Secretary. (Added Pub. L. 9772, 
title III, Sec. 302(a), Nov. 3, 1981, 95 Stat. 1057, Sec. 1844; amended 
Pub. L. 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 
 Stat. 2077; renumbered Sec. 3744 and amended Pub. L. 10283, 
 Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 3745. Interest on 
 loans (a) Loans guaranteed under this subchapter shall bear interest 
not in excess of such rate as the Secretary may from time to time find 
  the loan market demands. In establishing the rate of interest that 
shall be applicable to such loans, the Secretary shall consult with the 
  Administrator of the Small Business Administration. (b) The rate of 
interest on any direct loan made by the Secretary under this subchapter 
may not exceed the maximum rate in effect under subsection (a) of this 
      section at the time the direct loan is made. (Added Pub. L. 
  9772, title III, Sec. 302(a), Nov. 3, 1981, 95 Stat. 1058, 
Sec. 1845; amended Pub. L. 101237, title III, Sec. 313(b)(1), 
Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3745 and amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 103446, title XII, Sec. 1201(a)(3), 
 Nov. 2, 1994, 108 Stat. 4682.) ' 3746. Maturity of loans The maturity 
  of a loan made or guaranteed under this sub-chapter that is used in 
  whole or in part for the construction, conversion, or expansion of 
 facilities or for acquisition of real property may not exceed twenty 
    years plus such additional reasonable time as the Secretary may 
 determine, at the time the loan is made, is required to complete the 
    construction, acquisition, or expansion of such facilities. The 
maturity of any other loan made or guaranteed under this subchapter may 
  not exceed ten years. (Added Pub. L. 9772, title III, Sec. 
    302(a), Nov. 3, 1981, 95 Stat. 1058, Sec. 1846; amended Pub. L. 
 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 
2077; renumbered Sec. 3746, Pub. L. 10283, Sec. 5(a), Aug. 6, 
   1991, 105 Stat. 406.) ' 3747. Eligible financial institutions The 
  Secretary may not guarantee under this subchapter a loan made by an 
 entity not subject to examination and supervision by an agency of the 
 United States or of a State. (Added Pub. L. 9772, title III, 
 Sec. 302(a), Nov. 3, 1981, 95 Stat. 1058, Sec. 1847; amended Pub. L. 
 101237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 
2077; renumbered Sec. 3747, Pub. L. 10283, Sec. 5(a), Aug. 6, 
 1991, 105 Stat. 406.) ' 3748. Preference for disabled veterans In the 
extension of financial assistance under this subchapter, the Secretary 
   shall give preference, first, to veterans small business 
 concerns in which disabled veterans who have successfully completed a 
   vocational rehabilitation program for self-employment in a small 
 business enterprise under chapter 31 of this title have a significant 
 ownership interest, and, second, to veterans small business 
concerns in which other disabled veterans have a significant ownership 
interest. (Added Pub. L. 9772, title III, Sec. 302(a), Nov. 3, 
1981, 95 Stat. 1058, Sec. 1848; amended Pub. L. 101237, title 
  III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 
3748, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 
   ' 3749. Revolving fund (a) There is established in the Treasury a 
 revolving fund to be known as the Department of Veterans 
     Affairs Small Business Loan Revolving Fund 
            (hereinafter in this section referred to as the 
 fund). (b) Amounts in the fund shall be 
available to the Secretary without fiscal year limitation for all loan 
 guaranty and direct loan operations under this subchapter other than 
  administrative expenses and may not be used for any other purpose. 
 (c)(1) There is authorized to be appropriated to the fund a total of 
  $25,000,000. (2) There shall be deposited into the fund all amounts 
   received by the Secretary derived from loan operations under this 
subchapter, including all collection of principal and interest and the 
  proceeds from the use of property held or of property sold. (d) The 
 Secretary shall determine annually whether there has developed in the 
fund a surplus which, in the Secretarys judgment, is more than 
    necessary to meet the needs of the fund. Any such surplus shall 
 immediately be transferred into the general fund of the Treasury. (e) 
Not later than two years after the termination of the authority of the 
 Secretary to make new commitments for financial assistance under this 
 subchapter, the Secretary shall transfer into the general fund of the 
   Treasury all amounts in the fund except those that the Secretary 
  determines may be required for the liquidation of obligations under 
  this subchapter. All amounts received thereafter derived from loan 
    operations under this subchapter, except so much thereof as the 
  Secretary may determine to be necessary for liquidating outstanding 
obligations under this sub-chapter, shall also be so deposited. (Added 
 Pub. L. 9772, title III, Sec. 302(a), Nov. 3, 1981, 95 Stat. 
   1058, Sec. 1849; amended Pub. L. 99576, title VII, Sec. 
702(11), Oct. 28, 1986, 100 Stat. 3302; Pub. L. 101237, title 
  III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 
3749 and amended Pub. L. 10283, Sec. 4(a)(2)(B)(v), 5(a), Aug. 
6, 1991, 105 Stat. 403, 406.) ' 3750. Incorporation of other provisions 
   by the Secretary The Secretary may provide that the provisions of 
 sections of other subchapters of this chapter that are not otherwise 
 applicable to loans made or guaranteed under this subchapter shall be 
   applicable to loans made or guaranteed under this subchapter. The 
  Secretary shall exercise authority under the preceding sentence by 
regulations prescribed after publication in the Federal Register and a 
period of not less than thirty days for public comment. (Added Pub. L. 
  9772, title III, Sec. 302(a), Nov. 3, 1981, 95 Stat. 1059, 
Sec. 1850; amended Pub. L. 101237, title III, Sec. 313(b)(1), 
     Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3750, Pub. L. 
   10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) ' 3751. 
   Termination of program The Secretary may not make commitments for 
 financial assistance under this subchapter after September 30, 1986. 
(Added Pub. L. 9772, title III, Sec. 302(a), Nov. 3, 1981, 95 
Stat. 1059, Sec. 1851; amended Pub. L. 101237, title III, Sec. 
313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 3751, Pub. L. 
  10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) SUBCHAPTER 
VDIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS ' 3761. Direct 
 housing loans to Native American veterans; program authority (a) The 
Secretary shall make direct housing loans to Native American veterans. 
   The purpose of such loans is to permit such veterans to purchase, 
construct, or improve dwellings on trust land. The Secretary shall make 
 such loans in accordance with the provisions of this subchapter. (b) 
  The Secretary shall, to the extent practicable, make direct housing 
   loans to Native American veterans who are located in a variety of 
   geographic areas and in areas experiencing a variety of economic 
  circumstances. (Added Pub. L. 102547, Sec. 8(a), Oct. 28, 
 1992, 106 Stat. 3636; amended Pub. L. 105114, title II, Sec. 
 201(a), Nov. 21, 1997, 111 Stat. 2282; Pub. L. 107103, title 
IV, Sec. 402(a), Dec. 27, 2001, 115 Stat. 993; Pub. L. 108454, 
      title IV, Sec. 407, Dec. 10, 2004, 118 Stat. 3617; Pub. L. 
109233, title I, Sec. 103(a), (f)(2), June 15, 2006, 120 Stat. 
 399, 400.) ' 3762. Direct housing loans to Native American veterans; 
program administration (a) The Secretary may make a direct housing loan 
 to a Native American veteran under this subchapter if (1)(A) the 
 Secretary has entered into a memorandum of understanding with respect 
 to such loans with the tribal organization that has jurisdiction over 
the veteran; or (B) the tribal organization that has jurisdiction over 
  the veteran has entered into a memorandum of understanding with any 
   department or agency of the United States with respect to direct 
    housing loans to Native Americans that the Secretary determines 
substantially complies with the requirements of subsection (b); and (2) 
 the memorandum is in effect when the loan is made. (b)(1) Subject to 
   paragraph (2), the Secretary shall ensure that each memorandum of 
understanding that the Secretary enters into with a tribal organization 
shall provide for the following: (A) That each Native American veteran 
 who is under the jurisdiction of the tribal organization and to whom 
the Secretary makes a direct loan under this subchapter (i) holds, 
  possesses, or purchases using the proceeds of the loan a meaningful 
interest in a lot or dwelling (or both) that is located on trust land; 
 and (ii) will purchase, construct, or improve (as the case may be) a 
dwelling on the lot using the proceeds of the loan. (B) That each such 
Native American veteran will convey to the Secretary by an appropriate 
instrument the interest referred to in subparagraph (A) as security for 
   a direct housing loan under this subchapter. (C) That the tribal 
  organization and each such Native American veteran will permit the 
Secretary to enter upon the trust land of that organization or veteran 
    for the purposes of carrying out such actions as the Secretary 
 determines are necessary (i) to evaluate the advisability of the 
 loan; and (ii) to monitor any purchase, construction, or improvements 
    carried out using the proceeds of the loan. (D) That the tribal 
organization has established standards and procedures that apply to the 
   foreclosure of the interest conveyed by a Native American veteran 
    pursuant to subparagraph (B), including (i) procedures for 
foreclosing the interest; and (ii) procedures for the resale of the lot 
or the dwelling (or both) purchased, constructed, or improved using the 
 proceeds of the loan. (E) That the tribal organization agrees to such 
 other terms and conditions with respect to the making of direct loans 
   to Native American veterans under the jurisdiction of the tribal 
organization as the Secretary may require in order to ensure that loans 
under this subchapter are made in a responsible and prudent manner. (2) 
 The Secretary may not enter into a memorandum of understanding with a 
    tribal organization under this subsection unless the Secretary 
    determines that the memorandum provides for such standards and 
   procedures as are necessary for the reasonable protection of the 
financial interests of the United States. (c)(1)(A) Except as provided 
 in subparagraph (B), the principal amount of any direct housing loan 
  made to a Native American veteran under this section may not exceed 
 $80,000. (B)(i) Subject to clause (ii), the Secretary may make loans 
exceeding the amount specified in subparagraph (A) in a geographic area 
    if the Secretary determines that housing costs in the area are 
significantly higher than average housing costs nationwide. The amount 
 of such increase shall be the amount that the Secretary determines is 
 necessary in order to make direct housing loans under this subchapter 
to Native American veterans who are located in a variety of geographic 
   areas and in geographic areas experiencing a variety of economic 
conditions. (ii) The amount of a loan made by the Secretary under this 
subchapter may not exceed the maximum loan amount authorized for loans 
 guaranteed under section 3703(a)(1)(C) of this title. (2) Loans made 
  under this section shall bear interest at a rate determined by the 
 Secretary, which rate may not exceed the appropriate rate authorized 
  for guaranteed loans under section 3703(c)(1) or section 3712(f) of 
 this title, and shall be subject to such requirements or limitations 
 prescribed for loans guaranteed under this title as the Secretary may 
   prescribe. (3) Notwithstanding section 3704(a) of this title, the 
     Secretary shall establish minimum requirements for planning, 
 construction, improvement, and general acceptability relating to any 
    direct loan made under this section. (d)(1) The Secretary shall 
establish credit underwriting standards to be used in evaluating loans 
    made under this subchapter. In establishing such standards, the 
 Secretary shall take into account the purpose of this program to make 
 available housing to Native American veterans living on trust lands. 
(2) The Secretary shall determine the reasonable value of the interest 
  in property that will serve as security for a loan made under this 
 section and shall establish procedures for appraisals upon which the 
     Secretary may base such determinations. The procedures shall 
incorporate generally the relevant requirements of section 3731 of this 
   title, unless the Secretary determines that such requirements are 
 impracticable to implement in a geographic area, on particular trust 
  lands, or under circumstances specified by the Secretary. (e) Loans 
made under this section shall be repaid in monthly installments. (f) In 
  connection with any loan under this section, the Secretary may make 
advances in cash to provide for repairs, alterations, and improvements 
and to meet incidental expenses of the loan transaction. The Secretary 
shall determine the amount of any expenses incident to the origination 
of loans made under this section, which expenses, or a reasonable flat 
allowance in lieu thereof, shall be paid by the veteran in addition to 
  the loan closing costs. (g) Without regard to any provision of this 
    chapter (other than a provision of this section), the Secretary 
   may (1) take any action that the Secretary determines to be 
  necessary with respect to the custody, management, protection, and 
 realization or sale of investments under this section; (2) determine 
 any necessary expenses and expenditures and the manner in which such 
  expenses and expenditures shall be incurred, allowed, and paid; (3) 
  make such rules, regulations, and orders as the Secretary considers 
necessary for carrying out the Secretarys functions under this 
  section; and (4) in a manner consistent with the provisions of this 
     chapter and with the Secretarys functions under this 
subchapter, employ, utilize, and compensate any persons, organizations, 
 or departments or agencies (including departments and agencies of the 
United States) designated by the Secretary to carry out such functions. 
(h)(1) The Secretary may make direct loans to Native American veterans 
in order to enable such veterans to refinance existing loans made under 
   this section. (2)(A) The Secretary may not make a loan under this 
    subsection unless the loan meets the requirements set forth in 
subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of 
this title. (B) The Secretary may not make a loan under this subsection 
  unless the loan will bear an interest rate at least one percentage 
 point less than the interest rate borne by the loan being refinanced. 
 (C) Paragraphs (2) and (3) of such section 3710(e) shall apply to any 
 loan made under this subsection, except that for the purposes of this 
 subsection the reference to subsection (a)(8) of section 3710 of this 
title in such paragraphs (2) and (3) shall be deemed to be a reference 
 to this subsection. (i)(1) The Secretary shall, in consultation with 
   tribal organizations (including the National Congress of American 
Indians and the National American Indian Housing Council), carry out an 
outreach program to inform and educate Native American veterans of the 
 availability of direct housing loans for Native American veterans who 
 live on trust lands. (2) Activities under the outreach program shall 
   include the following: (A) Attending conferences and conventions 
conducted by the National Congress of American Indians in order to work 
  with the National Congress in providing information and training to 
    tribal organizations and Native American veterans regarding the 
    availability of housing benefits under this sub-chapter and in 
assisting such organizations and veterans with respect to such housing 
 benefits. (B) Attending conferences and conventions conducted by the 
  National American Indian Housing Council in order to work with the 
    Housing Council in providing information and training to tribal 
organizations and tribal housing entities regarding the availability of 
 such benefits. (C) Attending conferences and conventions conducted by 
    the Department of Hawaiian Homelands in order to work with the 
Department of Hawaiian Homelands in providing information and training 
to tribal housing entities in Hawaii regarding the availability of such 
    benefits. (D) Producing and disseminating information to tribal 
    governments, tribal veterans service organizations, and tribal 
    organizations regarding the availability of such benefits. (E) 
   Assisting tribal organizations and Native American veterans with 
respect to such benefits. (F) Outstationing loan guarantee specialists 
 in tribal facilities on a part-time basis if requested by the tribal 
   government. (j) The Secretary shall include as part of the annual 
  benefits report of the Veterans Benefits Administration information 
concerning the cost and number of loans provided under this sub-chapter 
       for the fiscal year covered by the report. (Added Pub. L. 
102547, Sec. 8(a), Oct. 28, 1992, 106 Stat. 3637; amended Pub. 
  L. 104275, title II, Sec. 202(a), Oct. 9, 1996, 110 Stat. 
  3330; Pub. L. 105114, titleII, Sec. 201(b), (c), Nov. 21, 
  1997, 111 Stat. 2282, 2283; Pub. L. 107103, title IV, Sec. 
  402(b), (c), Dec. 27, 2001, 115 Stat. 993; Pub. L. 109233, 
  title I, Sec. 103(b), (c)(1), (d), (e), (f)(3), June 15, 2006, 120 
 Stat. 400, 401.) ' 3763. Native American Veteran Housing Loan Program 
 Account (a) There is hereby established in the Treasury of the United 
  States an account known as the Native American Veteran 
  Housing Loan Program Account (hereinafter in this 
 subchapter referred to as the Account). 
 (b) The Account shall be available to the Secretary to carry out all 
  operations relating to the making of direct housing loans to Native 
 American veterans under this subchapter, including any administrative 
 expenses relating to the making of such loans. Amounts in the Account 
   shall be available without fiscal year limitation. (Added Pub. L. 
102547, Sec. 8(a), Oct. 28, 1992, 106 Stat. 3639; amended Pub. 
  L.105368, title VI, Sec. 602(e)(3)(B), Nov. 11, 1998, 112 
 Stat. 3347; Pub. L. 10714, Sec. 8(a)(16), June 5, 2001, 115 
Stat. 35.) ' 3764. Qualified non-Native American veterans (a) TREATMENT 
    OF NON-NATIVE AMERICAN VETERANS.Subject to the succeeding 
provisions of this section, for purposes of this subchapter (1) a 
qualified non-Native American veteran is deemed to be a Native American 
veteran; and (2) for purposes of applicability to a non-Native American 
  veteran, any reference in this subchapter to the jurisdiction of a 
 tribal organization over a Native American veteran is deemed to be a 
  reference to jurisdiction of a tribal organization over the Native 
 American spouse of the qualified non-Native American veteran. (b) USE 
    OF LOAN.In making direct loans under this sub-chapter to a 
 qualified non-Native American veteran by reason of eligibility under 
subsection (a), the Secretary shall ensure that the tribal organization 
permits, and the qualified non-Native American veteran actually holds, 
 possesses, or purchases, using the proceeds of the loan, jointly with 
    the Native American spouse of the qualified non-Native American 
 veteran, a meaningful interest in the lot, dwelling, or both, that is 
       located on trust land. (c) RESTRICTIONS IMPOSED BY TRIBAL 
  ORGANIZATIONS.Nothing in subsection (b) shall be construed as 
precluding a tribal organization from imposing reasonable restrictions 
 on the right of the qualified non-Native American veteran to convey, 
 assign, or otherwise dispose of such interest in the lot or dwelling, 
 or both, if such restrictions are designed to ensure the continuation 
in trust status of the lot or dwelling, or both. Such requirements may 
  include the termination of the interest of the qualified non-Native 
American veteran in the lot or dwelling, or both, upon the dissolution 
  of the marriage of the qualified non-Native American veteran to the 
 Native American spouse. (Added Pub. L. 109233, title I, Sec. 
 104(a)(2), June 15, 2006, 120 Stat. 401.) ' 3765. Definitions For the 
    purposes of this subchapter (1) The term trust 
land means any land that (A) is held in trust by 
the United States for Native Americans; (B) is subject to restrictions 
 on alienation imposed by the United States on Indian lands (including 
native Hawaiian homelands); (C) is owned by a Regional Corporation or a 
Village Corporation, as such terms are defined in section 3(g) and 3(j) 
  of the Alaska Native Claims Settlement Act, respectively (43 U.S.C. 
  1602(g), (j)); or (D) is on any island in the Pacific Ocean if such 
land is, by cultural tradition, communally-owned land, as determined by 
        the Secretary. (2) The term Native American 
 veteran means any veteran who is a Native American. 
 (3) The term Native American means 
     (A) an Indian, as defined in section 4(d) of the Indian Self-
 Determination and Education Assistance Act (25 U.S.C. 450b(d)); (B) a 
 native Hawaiian, as that term is defined in section 201(a)(7) of the 
Hawaiian Homes Commission Act, 1920 (Public Law 6734; 42 Stat. 
 108); (C) an Alaska Native, within the meaning provided for the term 
  Native in section 3(b) of the Alaska 
  Native Claims Settlement Act (43 U.S.C. 1602(b)); and (D) a Pacific 
  Islander, within the meaning of the Native American Programs Act of 
    1974 (42 U.S.C. 2991 et seq.). (4) The term tribal 
 organization shall have the meaning given such term 
    in section 4(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l)) and shall include the Department of 
  Hawaiian Homelands, in the case of native Hawaiians, and such other 
      organizations as the Secretary may prescribe. (5) The term 
  qualified non-Native American veteran 
 means a veteran who (A) is the spouse of a Native American, but 
  (B) is not a Native American. (Added Pub. L. 102547, Sec. 
 8(a), Oct. 28, 1992, 106 Stat. 3639, Sec. 3764; renumbered Sec. 3765 
and amended Pub. L. 109233, title I, Sec. 104(a)(1), (b), June 
 15, 2006, 120 Stat. 401, 402.) SUBCHAPTER VITRANSFERRED x' 3771. 
  Repealed. Pub. L. 10795, Sec. 5(d)(3), Dec. 21, 2001, 115 
 Stat. 918 x'' 3772 to 3775. Renumbered 2051 to 2054 
  CHAPTER 39 OF TITLE 38, UNITED STATES CODE [As Amended Through P.L. 
1127, Enacted March 31, 2011] xTITLE 38VETERANS 
       BENEFITS xPART IIIREADJUSTMENT AND RELATED 
BENEFITS CHAPTER 39AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR 
 CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES Sec. 3901. 
  Definitions. 3902. Assistance for providing automobile and adaptive 
 equipment. 3903. Limitations on assistance; special training courses. 
  3904. Research and development. ' 3901. Definitions For purposes of 
          this chapter (1) The term eligible 
    person means (A) any veteran entitled to 
compensation under chapter 11 of this title for any of the disabilities 
described in subclause (i), (ii), or (iii) below, if the disability is 
the result of an injury incurred or disease contracted in or aggravated 
 by active military, naval, or air service: (i) The loss or permanent 
loss of use of one or both feet; (ii) The loss or permanent loss of use 
of one or both hands; (iii) The permanent impairment of vision of both 
 eyes of the following status: central visual acuity of 20/200 or less 
in the better eye, with corrective glasses, or central visual acuity of 
  more than 20/200 if there is a field defect in which the peripheral 
  field has contracted to such an extent that the widest diameter of 
   visual field subtends an angular distance no greater than twenty 
   degrees in the better eye; or (B) any member of the Armed Forces 
 serving on active duty who is suffering from any disability described 
 in sub-clause (i), (ii), or (iii) of clause (A) of this paragraph if 
    such disability is the result of an injury incurred or disease 
contracted in or aggravated by active military, naval, or air service. 
(2) The term adaptive equipment includes, 
   but is not limited to, power steering, power brakes, power window 
   lifts, power seats, and special equipment necessary to assist the 
  eligible person into and out of the automobile or other conveyance. 
   Such term also includes (A) air-conditioning equipment when such 
 equipment is necessary to the health and safety of the veteran and to 
  the safety of others, regardless of whether the automobile or other 
    conveyance is to be operated by the eligible person or is to be 
operated for such person by another person; and (B) any modification of 
     the size of 665 the interior space of the automobile or other 
 conveyance if needed because of the physical condition of such person 
 in order for such person to enter or operate the vehicle. (Added Pub. 
L. 91666, Sec. 2(a), Jan. 11, 1971, 84 Stat. 1998, Sec. 1901; 
 amended Pub. L. 93538, Sec. 2, Dec. 22, 1974, 88 Stat. 1736; 
 Pub. L. 94433, title III, Sec. 303, Sept. 30, 1976, 90 Stat. 
 1377; Pub. L. 95116, Sec. 1(a), Oct. 3, 1977, 91 Stat. 1062; 
renumbered Sec. 3901, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
 105 Stat. 406; Pub. L. 111275, title VIII, Sec. 803(a), (b), 
   Oct. 13, 2010, 124 Stat. 2889.) ' 3902. Assistance for providing 
automobile and adaptive equipment (a) The Secretary, under regulations 
    which the Secretary shall prescribe, shall provide or assist in 
providing an automobile or other conveyance to each eligible person by 
 paying the total purchase price of the automobile or other conveyance 
(including all State, local, and other taxes) or $11,000, whichever is 
 the lesser, to the seller from whom the eligible person is purchasing 
  under a sales agreement between the seller and the eligible person. 
   (b)(1) The Secretary, under regulations which the Secretary shall 
 prescribe, shall provide each eligible person the adaptive equipment 
  deemed necessary to insure that the eligible person will be able to 
operate the automobile or other conveyance in a manner consistent with 
such persons own safety and the safety of others and so as to 
satisfy the applicable standards of licensure established by the State 
of such persons residency or other proper licensing authority. 
   (2) In the case of any veteran (other that a person eligible for 
 assistance under paragraph (1) of this subsection) who is entitled to 
 compensation for ankylosis of one or both knees, or one or both hips, 
the Secretary, under the terms and conditions set forth in subsections 
 (a), (c), and (d) of section 3903 of this title and under regulations 
   which the Secretary shall prescribe, shall provide such adaptive 
 equipment to overcome the disability resulting from such ankylosis as 
    (A) is necessary to meet the applicable standards of licensure 
 established by the State of such veterans residency or other 
proper licensing authority for the operation of such veterans 
 automobile or other conveyance by such veteran, and (B) is determined 
    to be necessary by the Under Secretary for Health for the safe 
 operation of such automobile or other conveyance by such veteran. (c) 
In accordance with regulations which the Secretary shall prescribe, the 
 Secretary shall (1) repair, replace, or reinstall adaptive equipment 
deemed necessary for the operation of an automobile or other conveyance 
  acquired in accordance with the provisions of this chapter, and (2) 
provide, repair, replace, or reinstall such adaptive equipment for any 
automobile or other conveyance which an eligible person may previously 
or subsequently have acquired. (d) If an eligible person cannot qualify 
   to operate an automobile or other conveyance, the Secretary shall 
  provide or assist in providing an automobile or other conveyance to 
  such person, as provided in subsection (a) of this section, if the 
   automobile or other conveyance is to be operated for the eligible 
  person by another person. (Added Pub. L. 91666, Sec. 2(a), 
       Jan. 11, 1971, 84 Stat. 1999, Sec. 1902; amended Pub. L. 
     93538, Sec. 3, Dec. 22, 1974, 88 Stat. 1736; Pub. L. 
95479, title III, Sec. 304, Oct. 18, 1978, 92 Stat. 1565; Pub. 
 L. 9766, title III, Sec. 301303, Oct. 17, 1981, 95 
 Stat. 1030; Pub. L. 98543, title III, Sec. 305(a), Oct. 24, 
1984, 98 Stat. 2748; Pub. L. 100322, title III, Sec. 302, May 
   20, 1988, 102 Stat. 534; renumbered Sec. 3902 and amended Pub. L. 
 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
    Stat. 404406; Pub. L. 102405, title III, Sec. 
302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 105178, title 
       VIII, Sec. 8205(a), June 9, 1998, 112 Stat. 494; Pub. L. 
107103, title V, Sec. 503, Dec. 27, 2001, 115 Stat. 995; Pub. 
  L. 108183, title IV, Sec. 402(b), Dec. 16, 2003, 117 Stat. 
 2664; Pub. L. 111275, title VIII, Sec. 804(a), (b), Oct. 13, 
   2010, 124 Stat. 2889.) ' 3903. Limitations on assistance; special 
 training courses (a) No eligible person shall be entitled to receive 
 more than one automobile or other conveyance under the provisions of 
 this chapter, and no payment shall be made under this chapter for the 
     repair, maintenance, or replacement of an automobile or other 
conveyance. (b) Except as provided in subsection (d) of section 3902 of 
this title, no eligible person shall be provided an automobile or other 
     conveyance under this chapter until it is established to the 
   satisfaction of the Secretary, in accordance with regulations the 
  Secretary shall prescribe, that the eligible person will be able to 
operate the automobile or other conveyance in a manner consistent with 
  such persons own safety and the safety of others and will 
satisfy the applicable standards of licensure to operate the automobile 
 or other conveyance established by the State of such persons 
   residency or other proper licensing authority. (c)(1) An eligible 
 person shall not be entitled to adaptive equipment under this chapter 
 for more than two automobiles or other conveyances at any one time or 
  (except as provided in paragraph (2) of this subsection) during any 
 four-year period. (2) In a case in which the four-year limitation in 
  paragraph (1) of this subsection precludes an eligible person from 
    being entitled to adaptive equipment under this chapter, if the 
 Secretary determines that, due to circumstances beyond the control of 
  such person, one of the automobiles or other conveyances for which 
 adaptive equipment was provided to such person during the applicable 
four-year period is no longer available for the use of such person, the 
    Secretary may provide adaptive equipment to such person for an 
additional automobile or other conveyance during such period. Provision 
of adaptive equipment under this paragraph is within the discretion of 
  the Secretary. Any action to provide adaptive equipment under this 
  paragraph shall be made pursuant to regulations which the Secretary 
  shall prescribe. (d) Adaptive equipment shall not be provided under 
  this chapter unless it conforms to minimum standards of safety and 
    quality prescribed by the Secretary. (e)(1) The Secretary shall 
  provide, directly or by contract, for the conduct of special driver 
training courses at every hospital and, where appropriate, at regional 
  offices and other medical facilities, of the Department to instruct 
    such eligible person to operate the type of automobile or other 
  conveyance such person wishes to obtain with assistance under this 
 chapter, and may make such courses available to any veteran, eligible 
for care under chapter 17 of this title or member of the Armed Forces, 
    who is determined by the Secretary to need the special training 
  provided in such courses even though such veteran or member is not 
   eligible for the assistance provided under this chapter. (2) The 
 Secretary is authorized to obtain insurance on automobiles and other 
  conveyances used in conducting the special driver training courses 
 provided under this subsection and to obtain, at Government expense, 
personal liability and property damage insurance for all persons taking 
  such courses without regard to whether such persons are taking the 
 course on an in-patient or out-patient basis. (3) Notwithstanding any 
 other provision of law, the Secretary may obtain, by purchase, lease, 
gift, or otherwise, any automobile, motor vehicle, or other conveyance 
deemed necessary to carry out the purposes of this subsection, and may 
  sell, assign, transfer, or convey any such automobile, vehicle, or 
  conveyance to which the Department obtains title for such price and 
 upon such terms as the Secretary deems appropriate; and any proceeds 
received from any such disposition shall be credited to the applicable 
  Department appropriation. (Added Pub. L. 91666, Sec. 2(a), 
       Jan. 11, 1971, 84 Stat. 2000, Sec. 1903; amended Pub. L. 
  93538, Sec. 4(a), (b), Dec. 22, 1974, 88 Stat. 1736, 1737; 
  Pub. L. 94581, title I, Sec. 108, Oct. 21, 1976, 90 Stat. 
  2847; Pub. L. 9766, title III, Sec. 303, Oct. 17, 1981, 95 
 Stat. 1030; Pub. L. 98543, title III, Sec. 305(b), Oct. 24, 
     1984, 98 Stat. 2748; renumbered Sec. 3903 and amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 
  6, 1991, 105 Stat. 404406; Pub. L. 106117, title 
 VIII, Sec. 804, Nov. 30, 1999, 113 Stat. 1586.) ' 3904. Research and 
 development (a) In carrying out medical and prosthetic research under 
section 7303 of this title, the Secretary, through the Under Secretary 
  for Health, shall provide for special emphasis on the research and 
 development of adaptive equipment and adapted conveyances (including 
    vans) meeting standards of safety and quality prescribed under 
 subsection (d) of section 3903, including support for the production 
   and distribution of devices and conveyances so developed. (b) In 
carrying out subsection (a) of this section, the Secretary, through the 
   Under Secretary for Health, shall consult and cooperate with the 
Secretary of Health and Human Services and the Secretary of Education, 
in connection with programs carried out under section 204(b)(3) of the 
 Rehabilitation Act of 1973 (relating to the establishment and support 
    of Rehabilitation Engineering Research Centers). (Added Pub. L. 
  93538, Sec. 5(a), Dec. 22, 1974, 88 Stat. 1737, Sec. 1904; 
amended Pub. L. 94581, title II, Sec. 205(b)(2), (3), Oct. 21, 
  1976, 90 Stat. 2859; Pub. L. 95 602, title I, Sec. 122(f), 
 Nov. 6, 1978, 92 Stat. 2987; Pub. L. 97295, Sec. 4(69), Oct. 
    12, 1982, 96 Stat. 1310; Pub. L. 10240, title IV, Sec. 
403(b)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 3904 and amended 
  Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
 1991, 105 Stat. 404406; Pub. L. 102405, title III, 
Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 105220, 
  title IV, Sec. 414(c), Aug. 7, 1998, 112 Stat. 1242.) CHAPTER 41 OF 
 TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
       BENEFITS xPART IIIREADJUSTMENT AND RELATED 
    BENEFITS CHAPTER 41JOB COUNSELING, TRAINING, AND 
PLACEMENT SERVICE FOR VETERANS Sec. 4100. Findings. 4101. Definitions. 
        4102. Purpose. 4102A. Assistant Secretary of Labor for 
Veterans Employment and Training; program functions; Regional 
      Administrators. 4103. Directors and Assistant Directors for 
     Veterans Employment and Training; additional Federal 
 personnel. 4103A. Disabled veterans outreach program. 4104. 
Local veterans employment representatives. [4104A. Repealed.] 
  4105. Cooperation of Federal agencies. 4106. Estimate of funds for 
 administration; authorization of appropriations. 4107. Administrative 
  controls; annual report. 4108. Cooperation and coordination. 4109. 
National Veterans Employment and Training Services Institute. 
4110. Advisory Committee on Veterans Employment, Training, and Employer 
 Outreach. 4110A. Special unemployment study. 4110B. Coordination and 
 nonduplication. [4111. Repealed.] 4112. Performance incentive awards 
    for quality employment, training, and placement services. 4113. 
    Outstationing of Transition Assistance Program personnel. 4114. 
Credentialing and licensure of veterans: demonstration project. ' 4100. 
  Findings The Congress makes the following findings: (1) As long as 
  unemployment and underemployment continue as serious problems among 
 disabled veterans and Vietnam-era veterans, alleviating unemployment 
 and underemployment among such veterans is a national responsibility. 
 (2) Because of the special nature of employment and training needs of 
  such veterans and the national responsibility to meet those needs, 
 policies and programs to increase opportunities for such veterans to 
obtain employment, job training, counseling, and job placement services 
    and assistance in securing advancement in employment should be 
 effectively and vigorously implemented by the Secretary of Labor and 
   such implementation should be accomplished through the Assistant 
   Secretary of Labor for Veterans Employment and Training. 
 (Added Pub. L. 97306, title III, Sec. 301(a), Oct. 14, 1982, 
    96 Stat. 1436, Sec. 2000; amended Pub. L. 100323, Sec. 
 15(b)(1), May 20, 1988, 102 Stat. 574; renumbered Sec. 4100, Pub. L. 
 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) 671 ' 4101. 
    Definitions For the purposes of this chapter (1) The term 
  special disabled veteran has the same 
    meaning provided in section 4211(1) of this title. (2) The term 
 veteran of the Vietnam era has the same 
    meaning provided in section 4211(2) of this title. (3) The term 
  disabled veteran has the same meaning 
        provided in section 4211(3) of this title. (4) The term 
  eligible veteran has the same meaning 
        provided in section 4211(4) of this title. (5) The term 
eligible person means (A) the spouse 
   of any person who died of a service-connected disability, (B) the 
spouse of any member of the Armed Forces serving on active duty who, at 
 the time of application for assistance under this chapter, is listed, 
pursuant to section 556 of title 37 and regulations issued thereunder, 
 by the Secretary concerned in one or more of the following categories 
   and has been so listed for a total of more than ninety days: (i) 
missing in action, (ii) captured in line of duty by a hostile force, or 
   (iii) forcibly detained or interned in line of duty by a foreign 
 government or power, or (C) the spouse of any person who has a total 
   disability permanent in nature resulting from a service-connected 
 disability or the spouse of a veteran who died while a disability so 
               evaluated was in existence. (6) The term 
State means each of the several States of 
 the United States, the District of Columbia, and the Commonwealth of 
 Puerto Rico, and may include, to the extent determined necessary and 
feasible, Guam, American Samoa, the Virgin Islands, the Commonwealth of 
 the Northern Marianas Islands, and the Trust Territory of the Pacific 
     Islands. (7) The term employment service delivery 
 system means a service delivery system at which or 
through which labor exchange services, including employment, training, 
   and placement services, are offered in accordance with the Wagner-
Peyser Act. (8) The term Secretary means 
      the Secretary of Labor. (9) The term intensive 
services means local employment and training services 
of the type described in section 134(d)(3) of the Workforce Investment 
  Act of 1998. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1221, 
  Sec. 2010; renumbered Sec. 2001, Pub. L. 87675, Sec. 1(a), 
  Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89358, Sec. 
 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92540, title V, 
  Sec. 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93508, 
      title IV, Sec. 401(a), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 
 96466, title V, Sec. 503, title VIII, Sec. 801(h), Oct. 17, 
    1980, 94 Stat. 2203, 2216; Pub. L. 100323, Sec. 3(b), 
 15(a)(1), May 20, 1988, 102 Stat. 562, 574; renumbered Sec. 4101 and 
 amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 
 Stat. 406; Pub. L. 107288, Sec. 5(a)(1)(A), (c)(1), Nov. 7, 
 2002, 116 Stat. 2044, 2045.) ' 4102. Purpose The Congress declares as 
its intent and purpose that there shall be an effective (1) job and job 
 training intensive services program, (2) employment placement service 
 program, and (3) job training placement service program for eligible 
   veterans and eligible persons and that, to this end policies and 
   regulations shall be promulgated and administered by an Assistant 
   Secretary of Labor for Veterans Employment and Training, 
established by section 4102A of this title, through a Veterans 
 Employment and Training Service within the Department of Labor, so as 
  to provide such veterans and persons the maximum of employment and 
 training opportunities, with priority given to the needs of disabled 
 veterans and veterans who served on active duty during a war or in a 
 campaign or expedition for which a campaign badge has been authorized 
  through existing programs, coordination and merger of programs and 
 implementation of new programs, including programs carried out by the 
  Veterans Employment and Training Service to implement all 
 efforts to ease the transition of servicemembers to civilian careers 
 that are consistent with, or an outgrowth of, the military experience 
of the servicemembers. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
  1217, Sec. 2011; renumbered Sec. 2002, Pub. L. 87675, Sec. 
  1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89358, 
Sec. 6(c), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92540, title V, 
  Sec. 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93508, 
title IV, Sec. 401(b), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94 
   502, title VI, Sec. 601(a), Oct. 15, 1976, 90 Stat. 2404; Pub. L. 
96466, title V, Sec. 504(a)(2), Oct. 17, 1980, 94 Stat. 2203; 
 Pub. L. 97306, title III, Sec. 302, Oct. 14, 1982, 96 Stat. 
 1437; Pub. L. 98160, title VII, Sec. 702(15), Nov. 21, 1983, 
  97 Stat. 1010; Pub. L. 100323, Sec. 15(b)(1), (d), May 20, 
     1988, 102 Stat. 574; renumbered Sec. 4102 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
107288, Sec. 5(a)(1)(B), (b)(1), Nov. 7, 2002, 116 Stat. 2044, 
  2045.) ' 4102A. Assistant Secretary of Labor for Veterans 
Employment and Training; program functions; Regional Administrators (a) 
     ESTABLISHMENT OF POSITION OF ASSISTANT SECRETARY OF LABOR FOR 
VETERANS EMPLOYMENT AND TRAINING.(1) There is established 
  within the Department of Labor an Assistant Secretary of Labor for 
 Veterans Employment and Training, appointed by the President 
 by and with the advice and consent of the Senate, who shall formulate 
and implement all departmental policies and procedures to carry out (A) 
the purposes of this chapter, chapter 42, and chapter 43 of this title, 
  and (B) all other Department of Labor employment, unemployment, and 
training programs to the extent they affect veterans. (2) The employees 
of the Department of Labor administering chapter 43 of this title shall 
   be administratively and functionally responsible to the Assistant 
   Secretary of Labor for Veterans Employment and Training. 
(3)(A) There shall be within the Department of Labor a Deputy Assistant 
 Secretary of Labor for Veterans Employment and Training. The 
    Deputy Assistant Secretary shall perform such functions as the 
   Assistant Secretary of Labor for Veterans Employment and 
  Training prescribes. (B) No individual may be appointed as a Deputy 
   Assistant Secretary of Labor for Veterans Employment and 
Training unless the individual has at least five years of service in a 
  management position as an employee of the Federal civil service or 
 comparable service in a management position in the Armed Forces. For 
 purposes of determining such service of an individual, there shall be 
 excluded any service described in subparagraphs (A), (B), and (C) of 
    section 308(d)(2) of this title. (b) PROGRAM FUNCTIONS.The 
   Secretary shall carry out the following functions: (1) Except as 
expressly provided otherwise, carry out all provisions of this chapter 
 and chapter 43 of this title through the Assistant Secretary of Labor 
 for Veterans Employment and Training and administer through 
  such Assistant Secretary all programs under the jurisdiction of the 
    Secretary for the provision of employment and training services 
  designed to meet the needs of all veterans and persons eligible for 
services furnished under this chapter. (2) In order to make maximum use 
   of available resources in meeting such needs, encourage all such 
programs, and all grantees and contractors under such programs to enter 
   into cooperative arrangements with private industry and business 
   concerns (including small business concerns owned by veterans or 
 disabled veterans), educational institutions, trade associations, and 
labor unions. (3) Ensure that maximum effectiveness and efficiency are 
  achieved in providing services and assistance to eligible veterans 
    under all such programs by coordinating and consulting with the 
 Secretary of Veterans Affairs with respect to (A) programs conducted 
   under other provisions of this title, with particular emphasis on 
 coordination of such programs with readjustment counseling activities 
carried out under section 1712A of this title, apprenticeship or other 
  on-the-job training programs carried out under section 3687 of this 
  title, and rehabilitation and training activities carried out under 
   chapter 31 of this title and (B) determinations covering veteran 
   population in a State. (4) Ensure that employment, training, and 
 placement activities are carried out in coordination and cooperation 
with appropriate State public employment service officials. (5) Subject 
  to subsection (c), make available for use in each State by grant or 
 contract such funds as may be necessary to support (A) disabled 
veterans outreach program specialists appointed under section 
   4103A(a)(1) of this title, (B) local veterans employment 
 representatives assigned under section 4104(b) of this title, and (C) 
    the reasonable expenses of such specialists and representatives 
  described in subparagraphs (A) and (B), respectively, for training, 
    travel, supplies, and other business expenses, including travel 
expenses and per diem for attendance at the National Veterans 
 Employment and Training Services Institute established under section 
4109 of this title. (6) Monitor and supervise on a continuing basis the 
  distribution and use of funds provided for use in the States under 
      paragraph (5). (7) Establish, and update as appropriate, a 
   comprehensive performance accountability system (as described in 
 subsection (f)) and carry out annual performance reviews of veterans 
     employment, training, and placement services provided through 
    employment service delivery systems, including through disabled 
   veterans outreach program specialists and through local 
   veterans employment representatives in States receiving 
 grants, contracts, or awards under this chapter. (8) With advice and 
    assistance from the Advisory Committee on Veterans Employment, 
Training, and Employer Outreach established under section 4110 of this 
  title, furnish information to employers (through meetings in person 
 with hiring executives of corporations and otherwise) with respect to 
  the training and skills of veterans and disabled veterans, and the 
advantages afforded employers by hiring veterans with such training and 
skills, and to facilitate employment of veterans and disabled veterans 
     through participation in labor exchanges (Internet-based and 
      otherwise), and other means. (c) CONDITIONS FOR RECEIPT OF 
   FUNDS.(1) The distribution and use of funds under subsection 
  (b)(5) in order to carry out sections 4103A(a) and 4104(a) of this 
title shall be subject to the continuing supervision and monitoring of 
the Secretary and shall not be governed by the provisions of any other 
 law, or any regulations prescribed thereunder, that are inconsistent 
  with this section or section 4103A or 4104 of this title. (2)(A) A 
   State shall submit to the Secretary an application for a grant or 
  contract under subsection (b)(5). The application shall contain the 
 following information: (i) A plan that describes the manner in which 
 the State shall furnish employment, training, and placement services 
     required under this chapter for the program year, including a 
   description of (I) duties assigned by the State to disabled 
       veterans outreach program specialists and local 
   veterans employment representatives consistent with the 
requirements of sections 4103A and 4104 of this title; (II) the manner 
  in which such specialists and representatives are integrated in the 
employment service delivery systems in the State; and (III) the program 
of performance incentive awards described in section 4112 of this title 
 in the State for the program year. (ii) The veteran population to be 
served. (iii) For each employee of the State who is assigned to perform 
the duties of a disabled veterans outreach program specialist 
   or a local veterans employment representative under this 
  chapter (I) the date on which the employee is so assigned; and 
(II) whether the employee has satisfactorily completed such training by 
    the National Veterans Employment and Training Services 
Institute as the Secretary requires for purposes of paragraph (8). (iv) 
  Such additional information as the Secretary may require to make a 
   determination with respect to awarding a grant or contract to the 
      State. (B)(i) Subject to the succeeding provisions of this 
  subparagraph, of the amount available under subsection (b)(5) for a 
 fiscal year, the Secretary shall make available to each State with an 
     application approved by the Secretary an amount of funding in 
  proportion to the number of veterans seeking employment using such 
   criteria as the Secretary may establish in regulation, including 
civilian labor force and unemployment data, for the State on an annual 
 basis. The proportion of funding shall reflect the ratio of (I) 
  the total number of veterans residing in the State that are seeking 
employment; to (II) the total number of veterans seeking employment in 
  all States. (ii) The Secretary shall phase in over the three fiscal-
year period that begins on October 1, 2003, the manner in which amounts 
     are made available to States under subsection (b)(5) and this 
subsection, as amended by the Jobs for Veterans Act. (iii) In carrying 
out this paragraph, the Secretary may establish minimum funding levels 
 and hold-harmless criteria for States. (3)(A)(i) As a condition of a 
grant or contract under this section for a program year, in the case of 
 a State that the Secretary determines has an entered-employment rate 
  for veterans that is deficient for the preceding program year, the 
 State shall develop a corrective action plan to improve that rate for 
   veterans in the State. (ii) The State shall submit the corrective 
   action plan to the Secretary for approval, and if approved, shall 
   expeditiously implement the plan. (iii) If the Secretary does not 
 approve a corrective action plan submitted by the State under clause 
    (i), the Secretary shall take such steps as may be necessary to 
   implement corrective actions in the State to improve the entered-
     employment rate for veterans in that State. (B) To carry out 
   subparagraph (A), the Secretary shall establish in regulations a 
 uniform national threshold entered-employment rate for veterans for a 
 program year by which determinations of deficiency may be made under 
   subparagraph (A). (C) In making a determination with respect to a 
   deficiency under subparagraph (A), the Secretary shall take into 
   account the applicable annual unemployment data for the State and 
 consider other factors, such as prevailing economic conditions, that 
 affect performance of individuals providing employment, training, and 
   placement services in the State. (4) In determining the terms and 
conditions of a grant or contract under which funds are made available 
 to a State in order to carry out section 4103A or 4104 of this title, 
the Secretary shall take into account (A) the results of reviews, 
 carried out pursuant to subsection (b)(7), of the performance of the 
  employment, training, and placement service delivery system in the 
State, and (B) the monitoring carried out under this section. (5) Each 
 grant or contract by which funds are made available to a State shall 
 contain a provision requiring the recipient of the funds (A) to 
comply with the provisions of this chapter; and (B) on an annual basis, 
to notify the Secretary of, and provide supporting rationale for, each 
  nonveteran who is employed as a disabled veterans outreach 
       program specialist and local veterans employment 
representative for a period in excess of 6 months. (6) Each State shall 
 coordinate employment, training, and placement services furnished to 
  veterans and eligible persons under this chapter with such services 
furnished with respect to such veterans and persons under the Workforce 
Investment Act of 1998 and the Wagner-Peyser Act. (7) Of the amount of 
a grant or contract under which funds are made available to a State in 
order to carry out section 4103A or 4104 of this title for any program 
year, one percent shall be for the purposes of making cash awards under 
 the program of performance incentive awards described in section 4112 
    of this title in the State. (8)(A) As a condition of a grant or 
 contract under which funds are made available to a State in order to 
  carry out section 4103A or 4104 of this title, the Secretary shall 
 require the State to require each employee hired by the State who is 
assigned to perform the duties of a disabled veterans outreach 
      program specialist or a local veterans employment 
 representative under this chapter to satisfactorily complete training 
  provided by the National Veterans Employment and Training 
 Services Institute during the 18-month period that begins on the date 
on which the employee is so assigned. (B) For any employee described in 
   subparagraph (A) who does not complete such training during such 
 period, the Secretary may reduce by an appropriate amount the amount 
made available to the State employing that employee. (C) The Secretary 
may establish such reasonable exceptions to the completion of training 
 otherwise required under subparagraph (A) as the Secretary considers 
 appropriate. (d) PARTICIPATION IN OTHER FEDERALLY FUNDED JOB TRAINING 
 PROGRAMS.The Assistant Secretary of Labor for Veterans 
  Employment and Training shall promote and monitor participation of 
  qualified veterans and eligible persons in employment and training 
opportunities under title I of the Workforce Investment Act of 1998 and 
 other federally funded employment and training programs. (e) REGIONAL 
 ADMINISTRATORS.(1) The Secretary shall assign to each region for 
which the Secretary operates a regional office a representative of the 
   Veterans Employment and Training Service to serve as the 
Regional Administrator for Veterans Employment and Training in 
such region. (2) Each such Regional Administrator shall carry out such 
duties as the Secretary may require to promote veterans employment and 
   reemployment within the region that the Administrator serves. (f) 
 ESTABLISHMENT OF PERFORMANCE STANDARDS AND OUTCOMES MEASURES.(1) 
 The Assistant Secretary of Labor for Veterans Employment and 
  Training shall establish and implement a comprehensive performance 
accountability system to measure the performance of employment service 
delivery systems, including disabled veterans outreach program 
  specialists and local veterans employment representatives 
   providing employment, training, and placement services under this 
   chapter in a State to provide accountability of that State to the 
   Secretary for purposes of subsection (c). (2) Such standards and 
 measures shall (A) be consistent with State performance measures 
  applicable under section 136(b) of the Workforce Investment Act of 
      1998; and (B) be appropriately weighted to provide special 
    consideration for placement of (i) veterans requiring intensive 
services (as defined in section 4101(9) of this title), such as special 
 disabled veterans and disabled veterans, and (ii) veterans who enroll 
   in readjustment counseling under section 1712A of this title. (g) 
AUTHORITY TO PROVIDE TECHNICAL ASSISTANCE TO STATES.The Secretary 
   may provide such technical assistance as the Secretary determines 
  appropriate to any State that the Secretary determines has, or may 
  have, an entered-employment rate in the State that is deficient, as 
  determined under subsection (c)(3) with respect to a program year, 
  including assistance in the development of a corrective action plan 
 under that subsection. (Added Pub. L. 94502, title VI, Sec. 
 601(b)(1), Oct. 15, 1976, 90 Stat. 2404, Sec. 2002A; amended Pub. L. 
 96466, title V, Sec. 504(a)(3), (4), Oct. 17, 1980, 94 Stat. 
 2203; Pub. L. 97306, title III, Sec. 303, Oct. 14, 1982, 96 
Stat. 1437; Pub. L. 98 160, title VII, Sec. 702(15), Nov. 21, 
  1983, 97 Stat. 1010; Pub. L. 100323, Sec. 2(a), (e)(3)(A), 
   15(a)(2), (b)(1), May 20, 1988, 102 Stat. 556, 559, 574; Pub. L. 
101237, title IV, Sec. 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 
 2093; renumbered Sec. 4102A and amended Pub. L. 10283, Sec. 
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; 
   Pub. L. 103446, title VII, Sec. 701(a), title XII, Sec. 
        1201(a)(4), Nov. 2, 1994, 108 Stat. 4674, 4682; Pub. L. 
  104275, title III, Sec. 301, Oct. 9, 1996, 110 Stat. 3332; 
     Pub. L. 105277, div. A, Sec. 101(f)[title VIII, Sec. 
405(d)(29)(A), (f)(21)(A)], Oct. 21, 1998, 112 Stat. 2681337, 
 2681424, 2681432; Pub. L. 105368, title X, 
       Sec. 1005(b)(13), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 
 107288, Sec. 4(a)(1), Nov. 7, 2002, 116 Stat. 2038; Pub. L. 
108183, title VII, Sec. 708(b)(1)(A), (2), Dec. 16, 2003, 117 
Stat. 2673; Pub. L. 109233, title II, Sec. 201, title V, Sec. 
 503(11), June 15, 2006, 120 Stat. 402, 416; Pub. L. 109461, 
  title VI, Sec. 601(a), (b), Dec. 22, 2006, 120 Stat. 3436; Pub. L. 
111275, title I, Sec. 103(a), title IX, Sec. 1001(k), Oct. 13, 
2010, 124 Stat. 2866, 2897.) ' 4103. Directors and Assistant Directors 
   for Veterans Employment and Training; additional Federal 
personnel (a) DIRECTORS AND ASSISTANT DIRECTORS.(1) The Secretary 
 shall assign to each State a representative of the Veterans 
     Employment and Training Service to serve as the Director for 
 Veterans Employment and Training, and shall assign full-time 
  Federal clerical or other support personnel to each such Director. 
(2)(A) Each Director for Veterans Employment and Training for 
   a State shall, at the time of appointment, have been a bona fide 
  resident of the State for at least two years. (B) The Secretary may 
 waive the requirement in subparagraph (A) with respect to a Director 
    for Veterans Employment and Training if the Secretary 
 determines that the waiver is in the public interest. Any such waiver 
 shall be made on a case-by-case basis. (3) Full-time Federal clerical 
or other support personnel assigned to Directors for Veterans 
   Employment and Training shall be appointed in accordance with the 
provisions of title 5 governing appointments in the competitive service 
 and shall be paid in accordance with the provisions of chapter 51 and 
    subchapter III of chapter 53 of title 5. (b) ADDITIONAL FEDERAL 
 PERSONNEL.The Secretary may also assign as supervisory personnel 
 such representatives of the Veterans Employment and Training 
   Service as the Secretary determines appropriate to carry out the 
   employment, training, and placement services required under this 
chapter, including Assistant Directors for Veterans Employment 
 and Training. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1218, 
  Sec. 2012; renumbered Sec. 2003, Pub. L. 87675, Sec. 1(a), 
  Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89358, Sec. 
 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92540, title V, 
  Sec. 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93508, 
      title IV, Sec. 401(c), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 
  94502, title VI, Sec. 602, 606(1), Oct. 15, 1976, 90 Stat. 
  2404, 2405; Pub. L. 96 466, title V, Sec. 505, title VIII, 
       Sec. 801(i), Oct. 17, 1980, 94 Stat. 2204, 2216; Pub. L. 
   97295, Sec. 4(70), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 
97306, title III, Sec. 304(a)(1), (b), (c), Oct. 14, 1982, 96 
  Stat. 1437, 1438; Pub. L. 100323, Sec. 5, 7(a), 15(a)(2), 
    (c)(1), (3)(A), May 20, 1988, 102 Stat. 563, 564, 574; Pub. L. 
101237, title IV, Sec. 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 
  2093; renumbered Sec. 4103 and amended Pub. L. 10283, Sec. 
 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103 446, 
  title XII, Sec. 1201(d)(14), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 
  104275, title III, Sec. 302, Oct. 9, 1996, 110 Stat. 3332; 
 Pub. L. 107288, Sec. 4(a)(1), Nov. 7, 2002, 116 Stat. 2042; 
Pub. L. 110389, title III, Sec. 316, Oct. 10, 2008, 122 Stat. 
    4167.) ' 4103A. Disabled veterans outreach program (a) 
    REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER OF 
  SPECIALISTS.(1) Subject to approval by the Secretary, a State 
shall employ such full-or part-time disabled veterans outreach 
 program specialists as the State determines appropriate and efficient 
    to carry out intensive services under this chapter to meet the 
 employment needs of eligible veterans with the following priority in 
  the provision of services: (A) Special disabled veterans. (B) Other 
   disabled veterans. (C) Other eligible veterans in accordance with 
 priorities determined by the Secretary taking into account applicable 
rates of unemployment and the employment emphases set forth in chapter 
 42 of this title. (2) In the provision of services in accordance with 
 this subsection, maximum emphasis in meeting the employment needs of 
  veterans shall be placed on assisting economically or educationally 
 disadvantaged veterans. (b) REQUIREMENT FOR QUALIFIED VETERANS.A 
   State shall, to the maximum extent practicable, employ qualified 
   veterans to carry out the services referred to in subsection (a). 
  Preference shall be given in the appointment of such specialists to 
 qualified disabled veterans. (c) PART-TIME EMPLOYEES.A part-time 
 disabled veterans outreach program specialist shall perform 
    the functions of a disabled veterans outreach program 
  specialist under this section on a half-time basis. (Added Pub. L. 
  96466, title V, Sec. 506(a), Oct. 17, 1980, 94 Stat. 2204, 
 Sec. 2003A; amended Pub. L. 97306, title III, Sec. 305, Oct. 
 14, 1982, 96 Stat. 1439; Pub. L. 100323, Sec. 2(e)(1), 7(b), 
       15(c)(1), May 20, 1988, 102 Stat. 559, 565, 574; Pub. L. 
  101237, title IV, Sec. 423(b)(8), Dec. 18, 1989, 103 Stat. 
 2093; renumbered Sec. 4103A and amended Pub. L. 10283, Sec. 
   2(c)(4), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402, 406; Pub. L. 
102568, title V, Sec. 501, 503, Oct. 29, 1992, 106 Stat. 4340; 
  Pub. L. 103446, title VII, Sec. 701(b), Nov. 2, 1994, 108 
Stat. 4674; Pub. L. 105277, div. A, title I, Sec. 101(f)[title 
    VIII, Sec. 405(d)(29)(B),(f)(21)(B)], Oct. 21, 1998, 112 Stat. 
     2681337, 2681424, 2681432; Pub. L. 
105368, title X, Sec. 1004(a), Nov. 11, 1998, 112 Stat. 3364; 
 Pub. L. 10795, Sec. 9(a), Dec. 21, 2001, 115 Stat. 920; Pub. 
L. 107288, Sec. 4(b)(1), Nov. 7, 2002, 116 Stat. 2043; Pub. L. 
109461, title VI, Sec. 602(a), Dec. 22, 2006, 120 Stat. 3437.) 
    ' 4104. Local veterans employment representatives (a) 
    REQUIREMENT FOR EMPLOYMENT BY STATES OF A SUFFICIENT NUMBER OF 
  REPRESENTATIVES.Subject to approval by the Secretary, a State 
shall employ such full-and part-time local veterans employment 
 representatives as the State determines appropriate and efficient to 
   carry out employment, training, and placement services under this 
     chapter. (b) PRINCIPAL DUTIES.As principal duties, local 
  veterans employment representatives shall (1) conduct 
    outreach to employers in the area to assist veterans in gaining 
    employment, including conducting seminars for employers and, in 
    conjunction with employers, conducting job search workshops and 
    establishing job search groups; and (2) facilitate employment, 
training, and placement services furnished to veterans in a State under 
     the applicable State employment service delivery systems. (c) 
 REQUIREMENT FOR QUALIFIED VETERANS AND ELIGIBLE PERSONS.A State 
shall, to the maximum extent practicable, employ qualified veterans or 
 eligible persons to carry out the services referred to in subsection 
   (a). Preference shall be accorded in the following order: (1) To 
   qualified service-connected disabled veterans. (2) If no veteran 
    described in paragraph (1) is available, to qualified eligible 
   veterans. (3) If no veteran described in paragraph (1) or (2) is 
     available, then to qualified eligible persons. (d) PART-TIME 
     EMPLOYEES.A part-time local veterans employment 
representative shall perform the functions of a local veterans 
employment representative under this section on a half-time basis. (e) 
 REPORTING.Each local veterans employment representative 
shall be administratively responsible to the manager of the employment 
service delivery system and shall provide reports, not less frequently 
 than quarterly, to the manager of such office and to the Director for 
   Veterans Employment and Training for the State regarding 
  compliance with Federal law and regulations with respect to special 
  services and priorities for eligible veterans and eligible persons. 
   (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1219, Sec. 2013; 
  renumbered Sec. 2004, Pub. L. 87675, Sec. 1(a), Sept. 19, 
1962, 76 Stat. 558; amended Pub. L. 89358, Sec. 6(c)(1), Mar. 
  3, 1966, 80 Stat. 27; Pub. L. 92540, title V, Sec. 502(a), 
 Oct. 24, 1972, 86 Stat. 1095; Pub. L. 94502, title VI, Sec. 
  606(2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100323, Sec. 
 3(a), May 20, 1988, 102 Stat. 560; Pub. L. 101237, title IV, 
       Sec. 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 
10216, Sec. 10(a)(8), Mar. 22, 1991, 105 Stat. 56; renumbered 
 Sec. 4104 and amended Pub. L. 10283, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 10714, Sec. 8(a)(10), June 5, 
 2001, 115 Stat. 35; Pub. L. 10795, Sec. 9(b), Dec. 21, 2001, 
 115 Stat. 920; Pub. L. 107 288, Sec. 4(b)(2), Nov. 7, 2002, 
 116 Stat. 2043; Pub. L. 109461, title VI, Sec. 602(b), Dec. 
22, 2006, 120 Stat. 3437.) x' 4104A. Repealed. Pub. L. 107288, 
   Sec. 4(a)(3)(A)(i), Nov. 7, 2002, 116 Stat. 2042 ' 4105. 
Cooperation of Federal agencies (a) All Federal agencies shall furnish 
the Secretary such records, statistics, or information as the Secretary 
 may deem necessary or appropriate in administering the provisions of 
   this chapter, and shall otherwise cooperate with the Secretary in 
providing continuous employment and training opportunities for eligible 
  veterans and eligible persons. (b) For the purpose of assisting the 
    Secretary and the Secretary of Veterans Affairs in identifying 
     employers with potential job training opportunities under the 
Veterans Job Training Act (Public Law 9877; 29 U.S.C. 
   1721 note) and otherwise in order to carry out this chapter, the 
Secretary of Defense shall, on the 15th day of each month, provide the 
     Secretary and the Secretary of Veterans Affairs with updated 
 information regarding any list maintained by the Secretary of Defense 
   of employers participating in the National Committee for Employer 
  Support of the Guard and Reserve. (Pub. L. 85857, Sept. 2, 
 1958, 72 Stat. 1219, Sec. 2014; renumbered Sec. 2005 and amended Pub. 
 L. 87675, Sec. 1(a), (c), Sept. 19, 1962, 76 Stat. 558, 559; 
 Pub. L. 92540, title V, Sec. 502(a), Oct. 24, 1972, 86 Stat. 
 1095; Pub. L. 93508, title IV, Sec. 401(d), Dec. 3, 1974, 88 
  Stat. 1592; Pub. L. 94502, title VI, Sec. 606(3), Oct. 15, 
1976, 90 Stat. 2405; Pub. L. 100323, Sec. 6(a), 15(a)(2), May 
 20, 1988, 102 Stat. 564, 574; Pub. L. 101237, title IV, Sec. 
423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; renumbered Sec. 4105, Pub. 
  L. 10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
109233, title V, Sec. 503(12), June 15, 2006, 120 Stat. 417.) 
    ' 4106. Estimate of funds for administration; authorization of 
appropriations (a) The Secretary shall estimate the funds necessary for 
the proper and efficient administration of this chapter and chapters 42 
  and 43 of this title. Such estimated sums shall include the annual 
 amounts necessary for salaries, rents, printing and binding, travel, 
and communications. Sums thus estimated shall be included as a special 
item in the annual budget for the Department of Labor. Estimated funds 
   necessary for proper intensive services, placement, and training 
  services to eligible veterans and eligible persons provided by the 
    various State public employment service agencies shall each be 
 separately identified in the budgets of those agencies as approved by 
the Department of Labor. Funds estimated pursuant to the first sentence 
of this subsection shall include amounts necessary in all of the States 
for the purposes specified in paragraph (5) of section 4102A(b) of this 
    title and to fund the National Veterans Employment and 
Training Services Institute under section 4109 of this title and shall 
 be approved by the Secretary only if the level of funding proposed is 
 in compliance with such sections. Each budget submission with respect 
 to such funds shall include a separate listing of the amount for the 
 National Veterans Employment and Training Services Institute 
 together with information demonstrating the compliance of such budget 
  submission with the funding requirements specified in the preceding 
sentence. (b) There are authorized to be appropriated such sums as may 
   be necessary for the proper and efficient administration of this 
 chapter. (c) In the event that the regular appropriations Act making 
appropriations for administrative expenses for the Department of Labor 
  with respect to any fiscal year does not specify an amount for the 
 purposes specified in subsection (b) of this section for that fiscal 
   year, then of the amounts appropriated in such Act there shall be 
  available only for the purposes specified in subsection (b) of this 
 section such amount as was set forth in the budget estimate submitted 
    pursuant to subsection (a) of this section. (d) Any funds made 
available pursuant to subsections (b) and (c) of this section shall not 
    be available for any purpose other than those specified in such 
subsections. (Added Pub. L. 92540, title V, Sec. 502(a), Oct. 
  24, 1972, 86 Stat. 1096, Sec. 2006; amended Pub. L. 93508, 
      title IV, Sec. 401(e), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 
94502, title VI, Sec. 603, Oct. 15, 1976, 90 Stat. 2404; Pub. 
 L. 97306, title III, Sec. 306, Oct. 14, 1982, 96 Stat. 1440; 
  Pub. L. 100323, Sec. 2(b), (c), (e)(2), 15(a)(2), May 20, 
1988, 102 Stat. 558, 559, 574; renumbered Sec. 4106 and amended Pub.L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
  107288, Secs. 4(d)(1), 5(a)(1)(C), Nov. 7, 2002, 116 Stat. 
2044.) ' 4107. Administrative controls; annual report (a) The Secretary 
shall establish administrative controls for the following purposes: (1) 
   To insure that each eligible veteran, especially veterans of the 
    Vietnam era and disabled veterans, and each eligible person who 
 requests assistance under this chapter shall promptly be placed in a 
  satisfactory job or job training opportunity or receive some other 
specific form of assistance designed to enhance such veterans 
and eligible persons employment prospects substantially, such 
 as individual job development or intensive services. (2) To determine 
   whether or not the employment service agencies in each State have 
  committed the necessary staff to insure that the provisions of this 
chapter are carried out; and to arrange for necessary corrective action 
   where staff resources have been determined by the Secretary to be 
    inadequate. (b) The Secretary shall apply performance standards 
   established under section 4102A(f) of this title for determining 
  compliance by the State public employment service agencies with the 
provisions of this chapter and chapter 42 of this title. Not later than 
 February 1 of each year, the Secretary shall report to the Committees 
      on Veterans Affairs of the Senate and the House of 
  Representatives on the performance of States and organizations and 
  entities carrying out employment, training, and placement services 
  under this chapter, as measured under subsection (b)(7) of section 
    4102A of this title. In the case of a State that the Secretary 
determines has not met the minimum standard of performance (established 
 by the Secretary under subsection (f) of such section), the Secretary 
      shall include an analysis of the extent and reasons for the 
 States failure to meet that minimum standard, together with 
 the States plan for corrective action during the succeeding 
 year. (c) Not later than February 1 of each year, the Secretary shall 
report to the Committees on Veterans Affairs of the Senate and 
   the House of Representatives on the success during the preceding 
   program year of the Department of Labor and its affiliated State 
  employment service agencies in carrying out the provisions of this 
   chapter and programs for the provision of employment and training 
 services to meet the needs of eligible veterans and eligible persons. 
 The report shall include (1) specification, by State and by age 
group, of the numbers of eligible veterans, disabled veterans, special 
 disabled veterans, eligible persons, recently separated veterans (as 
     defined in section 4211(6) of this title), and servicemembers 
 transitioning to civilian careers who registered for assistance with, 
  or who are identified as veterans by, the public employment service 
 system and, for each of such categories, the numbers referred to and 
placed in permanent and other jobs, the numbers referred to and placed 
in jobs and job training programs supported by the Federal Government, 
the number who received intensive services, and the number who received 
    some, and the number who received no, reportable service; (2) a 
comparison of the rate of entered employment (as determined in a manner 
  consistent with State performance measures applicable under section 
    136(b) of the Workforce Investment Act of 1998) for each of the 
  categories of veterans and persons described in clause (1) of this 
subsection with such rate of entered employment (as so determined) for 
 nonveterans of the same age groups registered for assistance with the 
 public employment system in each State; (3) any determination made by 
 the Secretary during the preceding fiscal year under section 4106 of 
this title or subsection (a)(2) of this section and a statement of the 
reasons for such determination; (4) a report on activities carried out 
during the preceding program year under section 4212(d) of this title; 
  (5) a report on the operation during the preceding program year of 
programs for the provision of employment and training services designed 
to meet the needs of eligible veterans and eligible persons, including 
an evaluation of the effectiveness of such programs during such program 
year in meeting the requirements of section 4102A(b) of this title, the 
  efficiency with which services were provided through such programs 
  during such year, and such recommendations for further legislative 
  action relating to veterans employment and training as the 
  Secretary considers appropriate; and (6) a report on the operation 
    during the preceding program year of the program of performance 
incentive awards for quality employment services under section 4112 of 
 this title. (Added Pub. L. 92540, title V, Sec. 502(a), Oct. 
  24, 1972, 86 Stat. 1096, Sec. 2007; amended Pub. L. 93508, 
      title IV, Sec. 401(f), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 
94502, title VI, Sec. 604, Oct. 15, 1976, 90 Stat. 2404; Pub. 
  L. 95202, title III, Sec. 309(b), Nov. 23, 1977, 91 Stat. 
  1446; Pub. L. 96466, title V, Sec. 507, Oct. 17, 1980, 94 
Stat. 2205; Pub. L. 97306, title III, Sec. 307, Oct. 14, 1982, 
 96 Stat. 1440; Pub. L. 100323, Sec. 2(d), 15(a)(2), May 20, 
  1988, 102 Stat. 558, 574; renumbered Sec. 4107 and amended Pub. L. 
10283, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
  107288, Secs. 4(a)(3)(B), (e)(1), 5(a)(1)(D), (E), (d)(1), 
  Nov. 7, 2002, 116 Stat. 2042, 2044, 2045.) ' 4108. Cooperation and 
       coordination (a) In carrying out the Secretarys 
 responsibilities under this chapter, the Secretary shall from time to 
   time consult with the Secretary of Veterans Affairs and keep the 
 Secretary of Veterans Affairs fully advised of activities carried out 
   and all data gathered pursuant to this chapter to insure maximum 
 cooperation and coordination between the Department of Labor and the 
 Department of Veterans Affairs. (b) The Secretary of Veterans Affairs 
shall provide to appropriate employment service offices and Department 
of Labor offices, as designated by the Secretary, on a monthly or more 
 frequent basis, the name and address of each employer located in the 
areas served by such offices that offer a program of job training which 
has been approved by the Secretary of Veterans Affairs under section 7 
of the Veterans Job Training Act (29 U.S.C. 1721 note). (Added 
 Pub. L. 92540, title V, Sec. 502(a), Oct. 24, 1972, 86 Stat. 
1097, Sec. 2008; amended Pub. L. 94502, title VI, Sec. 606(4), 
 Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100323, Sec. 6(b)(1), 
      (2)(A), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 
  101237, title IV, Sec. 423(b)(8), Dec. 18, 1989, 103 Stat. 
2093; renumbered Sec. 4108, Pub. L. 10283, Sec. 5(a), Aug. 6, 
1991, 105 Stat. 406.) ' 4109. National Veterans Employment and 
 Training Services Institute (a) In order to provide for such training 
as the Secretary considers necessary and appropriate for the efficient 
    and effective provision of employment, job-training, intensive 
services, placement, job-search, and related services to veterans, the 
   Secretary shall establish and make available such funds as may be 
   necessary to operate a National Veterans Employment and 
       Training Services Institute for the training of disabled 
veterans outreach program specialists, local veterans 
employment representatives, Directors for Veterans Employment 
and Training, and Assistant Directors for Veterans Employment 
and Training, Regional Administrators for Veterans Employment 
  and Training, and such other personnel involved in the provision of 
  employment, job-training, intensive services, placement, or related 
services to veterans as the Secretary considers appropriate, including 
 travel expenses and per diem for attendance at the Institute. (b) In 
   implementing this section, the Secretary shall, as the Secretary 
considers appropriate, provide, out of program funds designated for the 
   Institute, training for Veterans Employment and Training 
Service personnel, including travel expenses and per diem to attend the 
    Institute. (c)(1) Nothing in this section shall be construed as 
  preventing the Institute to enter into contracts or agreements with 
  departments or agencies of the United States or of a State, or with 
    other organizations, to carry out training of personnel of such 
 departments, agencies, or organizations in the provision of services 
   referred to in subsection (a). (2) All proceeds collected by the 
 Institute under a contract or agreement referred to in paragraph (1) 
   shall be applied to the applicable appropriation. (Added Pub. L. 
 97306, title III, Sec. 308(a), Oct. 14, 1982, 96 Stat. 1440, 
 Sec. 2009; amended Pub. L. 100323, Sec. 8(a), May 20, 1988, 
102 Stat. 566; renumbered Sec. 4109, Pub. L. 10283, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406; Pub. L. 107288, Sec. 5(a)(1)(F), 
(e), Nov. 7, 2002, 116 Stat. 2044, 2046.) ' 4110. Advisory Committee on 
 Veterans Employment, Training, and Employer Outreach (a)(1) There is 
hereby established within the Department of Labor an advisory committee 
to be known as the Advisory Committee on Veterans Employment, Training, 
and Employer Outreach. (2) The advisory committee shall (A) assess 
  the employment and training needs of veterans and their integration 
into the workforce; (B) determine the extent to which the programs and 
   activities of the Department of Labor are meeting such needs; (C) 
     assist the Assistant Secretary of Labor for Veterans 
    Employment and Training in carrying out outreach activities to 
 employers with respect to the training and skills of veterans and the 
      advantages afforded employers by hiring veterans; (D) make 
 recommendations to the Secretary, through the Assistant Secretary of 
 Labor for Veterans Employment and Training, with respect to 
 outreach activities and the employment and training of veterans; and 
  (E) carry out such other activities that are necessary to make the 
   reports and recommendations referred to in subsection (f) of this 
section. (b) The Secretary of Labor shall, on a regular basis, consult 
with and seek the advice of the advisory committee with respect to the 
 matters referred to in subsection (a)(2) of this section. (c)(1) The 
  Secretary of Labor shall appoint at least 12, but no more than 16, 
 individuals to serve as members of the advisory committee as follows: 
(A) Seven individuals, one each from among representatives nominated by 
each of the following organizations: (i) The National Society of Human 
  Resource Managers. (ii) The Business Roundtable. (iii) The National 
Association of State Workforce Agencies. (iv) The United States Chamber 
of Commerce. (v) The National Federation of Independent Business. (vi) 
A nationally recognized labor union or organization. (vii) The National 
 Governors Association. (B) Not more than five individuals from among 
representatives nominated by veterans service organizations that have a 
national employment program. (C) Not more than five individuals who are 
recognized authorities in the fields of business, employment, training, 
rehabilitation, or labor and who are not employees of the Department of 
 Labor. (2) A vacancy in the advisory committee shall be filled in the 
 manner in which the original appointment was made. (d) The following, 
or their representatives, shall be ex officio, nonvoting members of the 
  advisory committee: (1) The Secretary of Veterans Affairs. (2) The 
   Secretary of Defense. (3) The Director of the Office of Personnel 
     Management. (4) The Assistant Secretary of Labor for Veterans 
   Employment and Training. (5) The Assistant Secretary of Labor for 
 Employment and Training. (6) The Administrator of the Small Business 
   Administration. (e)(1) The advisory committee shall meet at least 
quarterly. (2) The Secretary of Labor shall appoint the chairman of the 
advisory committee who shall serve in that position for no more than 2 
consecutive years. (3)(A) Members of the advisory committee shall serve 
 without compensation. (B) Members of the advisory committee shall be 
allowed reasonable and necessary travel expenses, including per diem in 
     lieu of subsistence, at rates authorized for persons serving 
    intermittently in the Government service in accordance with the 
  provisions of subchapter I of chapter 57 of title 5 while away from 
  their homes or regular places of business in the performance of the 
responsibilities of the advisory committee. (4) The Secretary of Labor 
    shall provide staff and administrative support to the advisory 
committee through the Veterans Employment and Training Service. (f)(1) 
 Not later than December 31 of each year, the advisory committee shall 
  submit to the Secretary and to the Committees on Veterans 
  Affairs of the Senate and House of Representatives a report on the 
  employment and training needs of veterans, with special emphasis on 
disabled veterans, for the previous fiscal year. Each such report shall 
contain (A) an assessment of the employment and training needs of 
veterans and their integration into the workforce; (B) an assessment of 
   the outreach activities carried out by the Secretary of Labor to 
 employers with respect to the training and skills of veterans and the 
advantages afforded employers by hiring veterans; (C) an evaluation of 
 the extent to which the programs and activities of the Department of 
 Labor are meeting such needs; (D) a description of the activities of 
 the advisory committee during that fiscal year; (E) a description of 
  activities that the advisory committee proposes to undertake in the 
 succeeding fiscal year; and (F) any recommendations for legislation, 
  administrative action, and other action that the advisory committee 
considers appropriate. (2) In addition to the annual reports made under 
 paragraph (1), the advisory committee may make recommendations to the 
Secretary of Labor with respect to the employment and training needs of 
  veterans at such times and in such manner as the advisory committee 
determines appropriate. (g) Within 60 days after receiving each annual 
 report referred to in subsection (f)(1), the Secretary of Labor shall 
 transmit to Congress a copy of the report together with any comments 
concerning the report that the Secretary considers appropriate. (h) The 
advisory committee shall continue until terminated by law. (Added Pub. 
  L. 97306, title III, Sec. 308(a), Oct. 14, 1982, 96 Stat. 
 1441, Sec. 2010; amended Pub. L. 100323, Sec. 10, 15(a)(2), 
(3), (b)(1), May 20, 1988, 102 Stat. 566, 574; Pub. L. 101237, 
  title IV, Sec. 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; Pub. L. 
10216, Sec. 8(a), Mar. 22, 1991, 105 Stat. 52; renumbered Sec. 
 4110 and amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 5(a), 
Aug. 6, 1991, 105 Stat. 404406; Pub. L. 102568, title 
 V, Sec. 504, Oct. 29, 1992, 106 Stat. 4340; Pub. L. 103446, 
  title XII, Sec. 1201(a)(5), (g)(3), (i)(7), Nov. 2, 1994, 108 Stat. 
 4682, 4687, 4688; Pub. L. 109233, title II, Sec. 202(a)(1), 
   (2), (b)(d), June 15, 2006, 120 Stat. 403, 404; Pub. L. 
109461, title VI, Sec. 604(b), Dec. 22, 2006, 120 Stat. 3439; 
 Pub. L. 110387, title IX, Sec. 901(a)(4), Oct. 10, 2008, 122 
Stat. 4142.) ' 4110A. Special unemployment study (a)(1) The Secretary, 
 through the Bureau of Labor Statistics, shall conduct an annual study 
of unemployment among each of the following categories of veterans: (A) 
 Veterans who were called to active duty while members of the National 
Guard or a Reserve Component. (B) Veterans who served in combat or in a 
war zone in the Post 9/11 Global Operations theaters. (C) Veterans who 
 served on active duty during the Post 9/ 11 Global Operations period 
  who did not serve in the Post 9/ 11 Global Operations theaters. (D) 
   Veterans of the Vietnam era who served in the Vietnam theater of 
 operations during the Vietnam era. (E) Veterans who served on active 
duty during the Vietnam era who did not serve in the Vietnam theater of 
operations. (F) Veterans discharged or released from active duty within 
four years of the applicable study. (G) Special disabled veterans. (2) 
 Within each of the categories of veterans specified in paragraph (1), 
   the Secretary shall include a separate category for women who are 
veterans. (b) The Secretary shall promptly submit to Congress a report 
on the results of each study under subsection (a). (c) In this section: 
         (1) The term Post 9/11 Global Operations 
   period means the period of the Persian Gulf War 
  beginning on September 11, 2001, and ending on the date thereafter 
     prescribed by Presidential proclamation or law. (2) The term 
  Post 9/11 Global Operations theaters 
 means Afghanistan, Iraq, or any other theater in which the Global War 
on Terrorism Expeditionary Medal is awarded for service. (Added Pub. L. 
 100323, Sec. 9(a), May 20, 1988, 102 Stat. 566, Sec. 2010A; 
renumbered Sec. 4110A, Pub. L. 10283, Sec. 5(a), Aug. 6, 1991, 
105 Stat. 406; amended Pub. L. 103446, title VII, Sec. 701(c), 
 Nov. 2, 1994, 108 Stat. 4674; Pub. L. 105 368, title X, Sec. 
 1005(b)(14), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 110389, 
     title III, Sec. 317, Oct. 10, 2008, 122 Stat. 4167.) ' 4110B. 
   Coordination and nonduplication In carrying out this chapter, the 
 Secretary shall require that an appropriate administrative entity in 
  each State enter into an agreement with the Secretary regarding the 
 implementation of the Workforce Investment Act of 1998 that includes 
the description and information described in paragraphs (8) and (14) of 
   section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 
2822(b)). (Added Pub. L. 105220, title III, Sec. 322, Aug. 7, 
 1998, 112 Stat. 1087; amended Pub. L. 109233, title V, Sec. 
  503(13), June 15, 2006, 120 Stat. 417.) x' 4111. Repealed. Pub. L. 
 10795, Sec. 5(e)(3), Dec. 21, 2001, 115 Stat. 918 ' 
 4112. Performance incentive awards for quality employment, training, 
     and placement services (a) CRITERIA FOR PERFORMANCE INCENTIVE 
 AWARDS.(1) For purposes of carrying out a program of performance 
 incentive awards under section 4102A(c)(2)(A)(i)(III) of this title, 
  the Secretary, acting through the Assistant Secretary of Labor for 
Veterans Employment and Training, shall establish criteria for 
  performance incentive awards programs to be administered by States 
to (A) encourage the improvement and modernization of employment, 
 training, and placement services provided under this chapter; and (B) 
    recognize eligible employees and employment service offices for 
    excellence in the provision of such services or for having made 
 demonstrable improvements in the provision of such services. (2) The 
     Secretary shall establish such criteria in consultation with 
representatives of States, political subdivisions of States, and other 
  providers of employment, training, and placement services under the 
   Workforce Investment Act of 1998 consistent with the performance 
measures established under section 4102A(b)(7) of this title. (b) FORM 
  OF AWARDS.Under the criteria established by the Secretary for 
  performance incentive awards to be administered by States, an award 
  under such criteria may be a cash award or such other nonfinancial 
  awards as the Secretary may specify. (c) ADMINISTRATION AND USE OF 
 AWARDS.Performance incentive cash awards under this section 
  (1) shall be made from amounts allocated from the grant or contract 
amount for a State for a program year under section 4102A(c)(7) of this 
 title; (2) in the case of such an award made to an eligible employee, 
 shall be in addition to the regular pay of the recipient; and (3) in 
the case of such an award made to an employment service office, may be 
 used by that employment service office for any purpose. (d) ELIGIBLE 
 EMPLOYEE DEFINED.In this section, the term eligible 
 employee means any of the following: (1) A disabled 
      veterans outreach program specialist. (2) A local 
    veterans employment representative. (3) An individual 
  providing employment, training, and placement services to veterans 
  under the Workforce Investment Act of 1998 or through an employment 
service delivery system (as defined in section 4101(7) of this title). 
  (Added Pub. L. 107288, Sec. 3(a), Nov. 7, 2002, 116 Stat. 
  2037; amended Pub. L. 109461, title VI, Sec. 603, Dec. 22, 
 2006, 120 Stat. 3437.) ' 4113. Outstationing of Transition Assistance 
Program personnel (a) STATIONING OF TAP PERSONNEL AT OVERSEAS MILITARY 
 INSTALLATIONS.(1) The Secretary (A) shall station employees 
     of the Veterans Employment and Training Service, or 
 contractors under subsection (c), at each veterans assistance office 
   described in paragraph (2); and (B) may station such employees or 
  contractors at such other military installations outside the United 
   States as the Secretary, after consultation with the Secretary of 
  Defense, determines to be appropriate or desirable to carry out the 
 purposes of this chapter. (2) Veterans assistance offices referred to 
   in paragraph (1)(A) are those offices that are established by the 
Secretary of Veterans Affairs on military installations pursuant to the 
         second sentence of section 6304(a) of this title. (b) 
    FUNCTIONS.Employees (or contractors) stationed at military 
  installations pursuant to subsection (a) shall provide, in person, 
     counseling, assistance in identifying employment and training 
  opportunities, help in obtaining such employment and training, and 
 other related information and services to members of the Armed Forces 
   who are being separated from active duty, and the spouses of such 
     members, under the Transition Assistance Program and Disabled 
Transition Assistance Program established in section 1144 of title 10. 
  (c) AUTHORITY TO CONTRACT WITH PRIVATE ENTITIES.The Secretary, 
consistent with section 1144 of title 10, may enter into contracts with 
 public or private entities to provide, in person, some or all of the 
 counseling, assistance, information and services under the Transition 
   Assistance Program required under subsection (a). (Added Pub. L. 
 108183, title III, Sec. 309(a)(1), Dec. 16, 2003, 117 Stat. 
 2663; amended Pub. L. 109233, title IV, Sec. 402(e)(2), June 
   15, 2006, 120 Stat. 411.) ' 4114. Credentialing and licensure of 
       veterans: demonstration project (a) DEMONSTRATION PROJECT 
     AUTHORIZED.The Assistant Secretary for Veterans 
   Employment and Training may carry out a demonstration project on 
   credentialing in accordance with this section for the purpose of 
  facilitating the seamless transition of members of the Armed Forces 
from service on active duty to civilian employment. (b) IDENTIFICATION 
  OF MILITARY OCCUPATIONAL SPECIALTIES AND ASSOCIATED CREDENTIALS AND 
LICENSES.(1) The Assistant Secretary shall select not less than 10 
  military occupational specialties for purposes of the demonstration 
 project. Each specialty so selected by the Assistant Secretary shall 
    require a skill or set of skills that is required for civilian 
 employment in an industry with high growth or high worker demand. (2) 
The Assistant Secretary shall consult with appropriate Federal, State, 
   and industry officials to identify requirements for credentials, 
  certifications, and licenses that require a skill or set of skills 
required by a military occupational specialty selected under paragraph 
    (1). (3) The Assistant Secretary shall analyze the requirements 
 identified under paragraph (2) to determine which requirements may be 
satisfied by the skills, training, or experience acquired by members of 
 the Armed Forces with the military occupational specialties selected 
 under paragraph (1). (c) ELIMINATION OF BARRIERS TO CREDENTIALING AND 
     LICEN-SURE.The Assistant Secretary shall cooperate with 
    appropriate Federal, State, and industry officials to reduce or 
  eliminate any barriers to providing a credential, certification, or 
 license to a veteran who acquired any skill, training, or experience 
     while serving as a member of the Armed Forces with a military 
occupational specialty selected under subsection (b)(1) that satisfies 
 the Federal and State requirements for the credential, certification, 
or license. (d) TASK FORCE.The Assistant Secretary may establish a 
    task force of individuals with appropriate expertise to provide 
assistance to the Assistant Secretary in carrying out this section. (e) 
CONSULTATION.In carrying out this section, the Assistant Secretary 
shall consult with the Secretary of Defense, the Secretary of Veterans 
   Affairs, appropriate Federal and State officials, private-sector 
 employers, labor organizations, and industry trade associations. (f) 
 CONTRACT AUTHORITY.For purposes of carrying out any part of the 
 demonstration project under this section, the Assistant Secretary may 
enter into a contract with a public or private entity with appropriate 
   expertise. (g) PERIOD OF PROJECT.The period during which the 
Assistant Secretary may carry out the demonstration project under this 
section shall be the period beginning on the date that is 60 days after 
 the date of the enactment of the Veterans Benefits, Health Care, and 
 Information Technology Act of 2006 and ending on September 30, 2009. 
      (h) FUNDING.The Assistant Secretary may carry out the 
 demonstration project under this section utilizing unobligated funds 
that are appropriated in accordance with the authorization set forth in 
 section 4106 of this title. (Added Pub. L. 109461, title VI, 
Sec. 604(a)(1), Dec. 22, 2006, 120 Stat. 3437.) CHAPTER 42 OF TITLE 38, 
  UNITED STATES CODE [As Amended Through P.L. 1127, Enacted 
March 31, 2011] xTITLE 38VETERANS BENEFITS xPART 
      IIIREADJUSTMENT AND RELATED BENEFITS CHAPTER 
  42EMPLOYMENT AND TRAINING OF VETERANS Sec. 4211. Definitions. 
 4212. Veterans employment emphasis under Federal contracts. 
 4213. Eligibility requirements for veterans under Federal employment 
and training programs. 4214. Employment within the Federal Government. 
   4215. Priority of service for veterans in Department of Labor job 
training programs. ' 4211. Definitions As used in this chapter (1) 
    The term special disabled veteran 
 means (A) a veteran who is entitled to compensation (or who but 
     for the receipt of military retired pay would be entitled to 
compensation) under laws administered by the Secretary for a disability 
 (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in 
  the case of a veteran who has been determined under section 3106 of 
 this title to have a serious employment handicap; or (B) a person who 
    was discharged or released from active duty because of service-
 connected disability. (2) The term veteran of the Vietnam 
   era means an eligible veteran any part of whose 
active military, naval, or air service was during the Vietnam era. (3) 
  The term disabled veteran means (A) a 
veteran who is entitled to compensation (or who but for the receipt of 
  military retired pay would be entitled to compensation) under laws 
 administered by the Secretary, or (B) a person who was discharged or 
 released from active duty because of a service-connected disability. 
  (4) The term eligible veteran means a 
person who (A) served on active duty for a period of more than 180 
    days and was discharged or released therefrom with other than a 
dishonorable discharge; (B) was discharged or released from active duty 
because of a service-connected disability; (C) as a member of a reserve 
 component under an order to active duty pursuant to section 12301(a), 
(d), or (g), 12302, or 12304 of title 10, served on active duty during 
  a period of war or in a campaign or expedition for which a campaign 
badge is authorized and was discharged or released from such duty with 
   other than a dishonorable discharge; or 693 (D) was discharged or 
 released from active duty by reason of a sole survivorship discharge 
(as that term is defined in section 1174(i) of title 10). (5) The term 
department or agency means any agency of 
   the Federal Government or the District of Columbia, including any 
 Executive agency as defined in section 105 of title 5 and the United 
  States Postal Service and the Postal Regulatory Commission, and the 
    term department, agency, or instrumentality in the 
 executive branch includes the United States Postal 
      Service and the Postal Regulatory Commission. (6) The term 
  recently separated veteran means any 
  veteran during the three-year period beginning on the date of such 
veterans discharge or release from active duty. (Added Pub. L. 
  92540, title V, Sec. 503(a), Oct. 24, 1972, 86 Stat. 1097, 
Sec. 2011; amended Pub. L. 94502, title VI, Sec. 607(1), Oct. 
  15, 1976, 90 Stat. 2405; Pub. L. 96466, title V, Sec. 508, 
 Oct. 17, 1980, 94 Stat. 2206; Pub. L. 97306, title III, Sec. 
 309, Oct. 14, 1982, 96 Stat. 1441; Pub. L. 98223, title II, 
Sec. 206, Mar. 2, 1984, 98 Stat. 43; Pub. L. 101237, title IV, 
Sec. 407(a)(2), Dec. 18, 1989, 103 Stat. 2082; Pub. L. 10216, 
   Sec. 1, Mar. 22, 1991, 105 Stat. 48; Pub. L. 10254, Sec. 
   14(c)(9), June 13, 1991, 105 Stat. 285; renumbered Sec. 4211 and 
  amended Pub. L. 10283, Sec. 4(a)(1), 5(a), (c)(1), Aug. 6, 
  1991, 105 Stat. 403, 406; Pub. L. 102127, Sec. 5, Oct. 10, 
 1991, 105 Stat. 622; Pub. L. 102568, title V, Sec. 502, Oct. 
 29, 1992, 106 Stat. 4340; Pub. L. 104106, div. A, title XV, 
       Sec. 1501(e)(2)(D), Feb. 10, 1996, 110 Stat. 501; Pub. L. 
106419, title III, Sec. 322(c), Nov. 1, 2000, 114 Stat. 1855; 
Pub. L. 107288, Sec. 2(b)(2)(D), Nov. 7, 2002, 116 Stat. 2036; 
  Pub. L. 109435, title VI, Sec. 604(f), Dec. 20, 2006, 120 
  Stat. 3242; Pub. L. 110317, Sec. 6(b), Aug. 29, 2008, 122 
   Stat. 3528.) ' 4212. Veterans employment emphasis under 
Federal contracts (a)(1) Any contract in the amount of $100,000 or more 
 entered into by any department or agency of the United States for the 
 procurement of personal property and nonpersonal services (including 
    construction) for the United States, shall contain a provision 
   requiring that the party contracting with the United States take 
   affirmative action to employ and advance in employment qualified 
covered veterans. This section applies to any subcontract in the amount 
of $100,000 or more entered into by a prime contractor in carrying out 
 any such contract. (2) In addition to requiring affirmative action to 
    employ such qualified covered veterans under such contracts and 
    subcontracts and in order to promote the implementation of such 
    requirement, the Secretary of Labor shall prescribe regulations 
  requiring that (A) each such contractor for each such contract 
    shall immediately list all of its employment openings with the 
 appropriate employment service delivery system (as defined in section 
 4101(7) of this title), and may also list such openings with one-stop 
   career centers under the Workforce Investment Act of 1998, other 
appropriate service delivery points, or Americas Job Bank (or 
 any additional or subsequent national electronic job bank established 
  by the Department of Labor), except that the contractor may exclude 
 openings for executive and senior management positions and positions 
      which are to be filled from within the contractors 
 organization and positions lasting three days or less; (B) each such 
 employment service delivery system shall give such qualified covered 
veterans priority in referral to such employment openings; and (C) each 
 such employment service delivery system shall provide a list of such 
employment openings to States, political subdivisions of States, or any 
     private entities or organizations under contract to carry out 
 employment, training, and placement services under chapter 41 of this 
     title. (3) In this section: (A) The term covered 
  veteran means any of the following veterans: (i) 
Disabled veterans. (ii) Veterans who served on active duty in the Armed 
Forces during a war or in a campaign or expedition for which a campaign 
badge has been authorized. (iii) Veterans who, while serving on active 
  duty in the Armed Forces, participated in a United States military 
operation for which an Armed Forces service medal was awarded pursuant 
    to Executive Order No. 12985 (61 Fed. Reg. 1209). (iv) Recently 
                   separated veterans. (B) The term 
qualified, with respect to an employment 
 position, means having the ability to perform the essential functions 
    of the position with or without reasonable accommodation for an 
 individual with a disability. (b) If any special disabled veteran or 
veteran of the Vietnam era believes any contractor of the United States 
 has failed to comply or refuses to comply with the provisions of the 
 contractors contract relating to the employment of veterans, 
the veteran may file a complaint with the Secretary of Labor, who shall 
  promptly investigate such complaint and take appropriate action in 
   accordance with the terms of the contract and applicable laws and 
 regulations. (c) The Secretary of Labor shall include as part of the 
 annual report required by section 4107(c) of this title the number of 
   complaints filed pursuant to subsection (b) of this section, the 
 actions taken thereon and the resolutions thereof. Such report shall 
also include the number of contractors listing employment openings, the 
    nature, types, and number of positions listed and the number of 
 veterans receiving priority pursuant to subsection (a)(2)(B). (d)(1) 
  Each contractor to whom subsection (a) applies shall, in accordance 
 with regulations which the Secretary of Labor shall prescribe, report 
 at least annually to the Secretary of Labor on (A) the number of 
  employees in the workforce of such contractor, by job category and 
hiring location, and the number of such employees, by job category and 
  hiring location, who are qualified covered veterans; (B) the total 
   number of new employees hired by the contractor during the period 
    covered by the report and the number of such employees who are 
qualified covered veterans; and (C) the maximum number and the minimum 
number of employees of such contractor during the period covered by the 
report. (2) The Secretary of Labor shall ensure that the administration 
 of the reporting requirement under paragraph (1) is coordinated with 
respect to any requirement for the contractor to make any other report 
to the Secretary of Labor. (Added Pub. L. 92540, title V, Sec. 
   503(a), Oct. 24, 1972, 86 Stat. 1097, Sec. 2012; amended Pub. L. 
 93508, title IV, Sec. 402, Dec. 3, 1974, 88 Stat. 1593; Pub. 
L. 94 502, title VI, Sec. 605, 607(2), Oct. 15, 1976, 90 Stat. 
2405; Pub. L. 95520, Sec. 6(a), Oct. 26, 1978, 92 Stat. 1821; 
  Pub. L. 96466, title V, Sec. 509, title VIII, Sec. 801(j), 
Oct. 17, 1980, 94 Stat. 2206, 2217; Pub. L. 97306, title III, 
  Sec. 310(a), Oct. 14, 1982, 96 Stat. 1442; renumbered Sec. 4212 and 
  amended Pub. L. 10283, Sec. 4(b)(8), 5(a), (c)(1), Aug. 6, 
  1991, 105 Stat. 405, 406; Pub. L. 103446, title VII, Sec. 
 702(a), Nov. 2, 1994, 108 Stat. 4674; Pub. L. 106419, title 
     III, Sec. 322(a), (b), Nov. 1, 2000, 114 Stat. 1855; Pub. L. 
 107288, Sec. 2(b)(1), (2)(A)(C), Nov. 7, 2002, 116 
Stat. 2034, 2035.) ' 4213. Eligibility requirements for veterans under 
  Federal employment and training programs (a) Amounts and periods of 
 time specified in subsection (b) shall be disregarded in determining 
    eligibility under any of the following: (1) Any public service 
 employment program. (2) Any emergency employment program. (3) Any job 
 training program assisted under the Economic Opportunity Act of 1964. 
(4) Any employment or training program carried out under title I of the 
  Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (5) Any 
other employment or training (or related) program financed in whole or 
in part with Federal funds. (b) Subsection (a) applies with respect to 
 the following amounts and periods of time: (1) Any amount received as 
 pay or allowances by any person while serving on active duty. (2) Any 
period of time during which such person served on active duty. (3) Any 
amount received under chapters 11, 13, 30, 31, 32, and 36 of this title 
 by an eligible veteran. (4) Any amount received by an eligible person 
 under chapters 13 and 35 of this title. (5) Any amount received by an 
     eligible member under chapter 106 of title 10. (Added Pub. L. 
  92540, title V, Sec. 503(a), Oct. 24, 1972, 86 Stat. 1098, 
Sec. 2013; amended Pub. L. 96466, title VIII, Sec. 801(k)(1), 
  (2)(A), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 10254, Sec. 
14(c)(10), June 13, 1991, 105 Stat. 285; renumbered Sec. 4213, Pub. L. 
    10283, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
103446, title VII, Sec. 702(b), Nov. 2, 1994, 108 Stat. 4675; 
    Pub. L. 105277, div. A, Sec. 101(f) [title VIII, Sec. 
405(d)(29)(C), (f)(21)(C)], Oct. 21, 1998, 112 Stat. 2681337, 
2681 424, 2681432; Pub. L. 106419, title IV, 
   Sec. 404(a)(9), Nov. 1, 2000, 114 Stat. 1865.) ' 4214. Employment 
     within the Federal Government (a)(1) The United States has an 
  obligation to assist veterans of the Armed Forces in readjusting to 
 civilian life. The Federal Government is also continuously concerned 
   with building an effective work force, and veterans constitute a 
 uniquely qualified recruiting source. It is, therefore, the policy of 
   the United States and the purpose of this section to promote the 
  maximum of employment and job advancement opportunities within the 
   Federal Government for qualified covered veterans (as defined in 
      paragraph (2)(B)) who are qualified for such employment and 
            advancement. (2) In this section: (A) The term 
  agency has the meaning given the term 
 department or agency in section 4211(5) 
       of this title. (B) The term qualified covered 
    veteran means a veteran described in section 
   4212(a)(3) of this title. (b)(1) To further the policy stated in 
 subsection (a) of this section, veterans referred to in paragraph (2) 
 of this subsection shall be eligible, in accordance with regulations 
which the Office of Personnel Management shall prescribe, for veterans 
    recruitment appointments, and for subsequent career-conditional 
  appointments, under the terms and conditions specified in Executive 
  Order Numbered 11521 (March 26, 1970), except that (A) such an 
  appointment may be made up to and including the level GS-11 or its 
  equivalent; (B) a veteran shall be eligible for such an appointment 
 without regard to the number of years of education completed by such 
veteran; (C) a veteran who is entitled to disability compensation under 
 the laws administered by the Department of Veterans Affairs or whose 
discharge or release from active duty was for a disability incurred or 
  aggravated in line of duty shall be given a preference for such an 
   appointment over other veterans; (D) a veteran receiving such an 
 appointment shall (i) in the case of a veteran with less than 15 
   years of education, receive training or education; and (ii) upon 
successful completion of the prescribed probationary period, acquire a 
 competitive status; and (E) a veteran given an appointment under the 
authority of this subsection whose employment under the appointment is 
  terminated within one year after the date of such appointment shall 
  have the same right to appeal that termination to the Merit Systems 
Protection Board as a career or career-conditional employee has during 
the first year of employment. (2) This subsection applies to qualified 
 covered veterans. (3) A qualified covered veteran may receive such an 
     appointment at any time. (c) Each agency shall include in its 
 affirmative action plan for the hiring, placement, and advancement of 
handicapped individuals in such agency as required by section 501(b) of 
     the Rehabilitation Act of 1973 (29 U.S.C. 791(b)), a separate 
specification of plans (in accordance with regulations which the Office 
   of Personnel Management shall prescribe in consultation with the 
  Secretary, the Secretary of Labor, and the Secretary of Health and 
     Human Services, consistent with the purposes, provisions, and 
   priorities of such Act) to promote and carry out such affirmative 
   action with respect to disabled veterans in order to achieve the 
 purpose of this section. (d) The Office of Personnel Management shall 
 be responsible for the review and evaluation of the implementation of 
this section and the activities of each agency to carry out the purpose 
 and provisions of this section. The Office shall periodically obtain 
(on at least an annual basis) information on the implementation of this 
 section by each agency and on the activities of each agency to carry 
    out the purpose and provisions of this section. The information 
     obtained shall include specification of the use and extent of 
 appointments made by each agency under subsection (b) of this section 
  and the results of the plans required under subsection (c) of this 
section. (e)(1) The Office of Personnel Management shall submit to the 
    Congress annually a report on activities carried out under this 
section. Each such report shall include the following information with 
   respect to each agency: (A) The number of appointments made under 
subsection (b) of this section since the last such report and the grade 
    levels in which such appointments were made. (B) The number of 
    individuals receiving appointments under such subsection whose 
      appointments were converted to career or career-conditional 
    appointments, or whose employment under such an appointment has 
   terminated, since the last such report, together with a complete 
  listing of categories of causes of appointment terminations and the 
number of such individuals whose employment has terminated falling into 
each such category. (C) The number of such terminations since the last 
 such report that were initiated by the agency involved and the number 
of such terminations since the last such report that were initiated by 
    the individual involved. (D) A description of the education and 
training programs in which individuals appointed under such subsection 
are participating at the time of such report. (2) Information shown for 
   an agency under clauses (A) through (D) of paragraph (1) of this 
 subsection (A) shall be shown for all veterans; and (B) shall be 
   shown separately (i) for veterans who are entitled to disability 
  compensation under the laws administered by the Secretary or whose 
discharge or release from active duty was for a disability incurred or 
     aggravated in line of duty, and (ii) for other veterans. (f) 
         Notwithstanding section 4211 of this title, the terms 
    veteran and disabled 
  veteran as used in subsection (a) of this section 
 shall have the meaning provided for under generally applicable civil 
   service law and regulations. (g) To further the policy stated in 
 subsection (a) of this section, the Secretary may give preference to 
    qualified covered veterans for employment in the Department as 
  veterans benefits counselors and veterans claims 
 examiners and in positions to provide the outreach services required 
    under section 6303 of this title, to serve as veterans 
  representatives at certain educational institutions as provided in 
section 6305 of this title, or to provide readjustment counseling under 
 section 1712A of this title. (Added Pub. L. 93508, title IV, 
 Sec. 403(a), Dec. 3, 1974, 88 Stat. 1593, Sec. 2014; amended Pub. L. 
95202, title III, Sec. 308, Nov. 23, 1977, 91 Stat. 1445; Pub. 
  L. 95520, Sec. 6(b), Oct. 26, 1978, 92 Stat. 1821; Pub. L. 
 96466, title V, Sec. 510, title VIII, Sec. 801(l), Oct. 17, 
   1980, 94 Stat. 2207, 2217; Pub. L. 9772, title II, Sec. 
   202(a), Nov. 3, 1981, 95 Stat. 1054; Pub. L. 97295, Sec. 
 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98543, title 
  II, Sec. 211, Oct. 24, 1984, 98 Stat. 2743; Pub. L. 99576, 
      title III, Sec. 332, Oct. 28, 1986, 100 Stat. 3279; Pub. L. 
  101237, title IV, Sec. 407(a)(1), (b), Dec. 18, 1989, 103 
Stat. 2082; Pub. L. 10216, Sec. 9(a), (b), Mar. 22, 1991, 105 
Stat. 54; renumbered Sec. 4214 and amended Pub. L. 10283, Sec. 
2(c)(5), 4(a)(1), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 
 105 Stat. 402406; Pub. L. 102127, Sec. 4, Oct. 10, 
 1991, 105 Stat. 622; Pub. L. 102568, title V, Sec. 505, Oct. 
        29, 1992, 106 Stat. 4340; Pub. L. 107288, Sec. 
      2(c)(1)(3), Nov. 7, 2002, 116 Stat. 2036; Pub. L. 
  109233, title IV, Sec. 402(e)(3), June 15, 2006, 120 Stat. 
 411.) ' 4215. Priority of service for veterans in Department of Labor 
  job training programs (a) DEFINITIONS.In this section: (1) The 
  term covered person means any of the 
  following individuals: (A) A veteran. (B) The spouse of any of the 
following individuals: (i) Any veteran who died of a service-connected 
disability. (ii) Any member of the Armed Forces serving on active duty 
 who, at the time of application for assistance under this section, is 
  listed, pursuant to section 556 of title 37 and regulations issued 
thereunder, by the Secretary concerned in one or more of the following 
categories and has been so listed for a total of more than 90 days: (I) 
missing in action, (II) captured in line of duty by a hostile force, or 
   (III) forcibly detained or interned in line of duty by a foreign 
   government or power. (iii) Any veteran who has a total disability 
  resulting from a service-connected disability. (iv) Any veteran who 
  died while a disability so evaluated was in existence. (2) The term 
qualified job training program means any 
workforce preparation, development, or delivery program or service that 
is directly funded, in whole or in part, by the Department of Labor and 
   includes the following: (A) Any such program or service that uses 
   technology to assist individuals to access workforce development 
    programs (such as job and training opportunities, labor market 
 information, career assessment tools, and related support services). 
  (B) Any such program or service under the public employment service 
system, one-stop career centers, the Workforce Investment Act of 1998, 
    a demonstration or other temporary program, and those programs 
implemented by States or local service providers based on Federal block 
grants administered by the Department of Labor. (C) Any such program or 
 service that is a workforce development program targeted to specific 
groups. (3) The term priority of service 
   means, with respect to any qualified job training program, that a 
covered person shall be given priority over nonveterans for the receipt 
  of employment, training, and placement services provided under that 
program, notwithstanding any other provision of law. (b) ENTITLEMENT TO 
 PRIORITY OF SERVICE.(1) A covered person is entitled to priority 
   of service under any qualified job training program if the person 
otherwise meets the eligibility requirements for participation in such 
  program. (2) The Secretary of Labor may establish priorities among 
 covered persons for purposes of this section to take into account the 
  needs of disabled veterans and special disabled veterans, and such 
      other factors as the Secretary determines appropriate. (c) 
ADMINISTRATION OF PROGRAMS AT STATE AND LOCAL LEV-ELS.An entity of 
  a State or a political subdivision of the State that administers or 
delivers services under a qualified job training program shall (1) 
    provide information and priority of service to covered persons 
  regarding benefits and services that may be obtained through other 
entities or service providers; and (2) ensure that each covered person 
who applies to or who is assisted by such a program is informed of the 
employment-related rights and benefits to which the person is entitled 
 under this section. (d) ADDITION TO ANNUAL REPORT.In the annual 
  report required under section 4107(c) of this title for the program 
year beginning in 2003 and each subsequent program year, the Secretary 
of Labor shall evaluate whether covered persons are receiving priority 
    of service and are being fully served by qualified job training 
 programs, and whether the representation of veterans in such programs 
is in proportion to the incidence of representation of veterans in the 
labor market, including within groups that the Secretary may designate 
       for priority under such programs, if any. (Added Pub. L. 
 107288, Sec. 2(a)(1), Nov. 7, 2002, 116 Stat. 2033.) CHAPTER 
      43 OF TITLE 38, UNITED STATES CODE [As Amended Through P.L. 
1127, Enacted March 31, 2011] xTITLE 38VETERANS 
       BENEFITS xPART IIIREADJUSTMENT AND RELATED 
BENEFITS CHAPTER 43EMPLOYMENT AND REEMPLOYMENT RIGHTS OF 
 MEMBERS OF THE UNIFORMED SERVICES SUBCHAPTER IGENERAL Sec. 4301. 
 Purposes; sense of Congress. 4302. Relation to other law and plans or 
 agreements. 4303. Definitions. 4304. Character of service. SUBCHAPTER 
IIEMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS 
    4311. Discrimination against persons who serve in the uniformed 
services and acts of reprisal prohibited. 4312. Reemployment rights of 
    persons who serve in the uniformed services. 4313. Reemployment 
    positions. 4314. Reemployment by the Federal Government. 4315. 
 Reemployment by certain Federal agencies. 4316. Rights, benefits, and 
    obligations of persons absent from employment for service in a 
 uniformed service. 4317. Health plans. 4318. Employee pension benefit 
 plans. 4319. Employment and reemployment rights in foreign countries. 
    SUBCHAPTER IIIPROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND 
   INVESTIGATION 4321. Assistance in obtaining reemployment or other 
   employment rights or benefits. 4322. Enforcement of employment or 
  reemployment rights. 4323. Enforcement of rights with respect to a 
State or private employer. 4324. Enforcement of rights with respect to 
Federal executive agencies. 4325. Enforcement of rights with respect to 
 certain Federal agencies. 4326. Conduct of investigation; subpoenas. 
       4327. Noncompliance of Federal officials with deadlines; 
        inapplicability of statutes of limitations. SUBCHAPTER 
IVMISCELLANEOUS PROVISIONS 4331. Regulations. 4332. Reports. 4333. 
Outreach. 4334. Notice of rights and duties. 4335. Training for Federal 
     executive agency human resources personnel on employment and 
 reemployment rights and limitations. SUBCHAPTER IGENERAL ' 4301. 
 Purposes; sense of Congress (a) The purposes of this chapter are 
    (1) to encourage noncareer service in the uniformed services by 
  eliminating or minimizing the disadvantages to civilian careers and 
employment which can result from such service; 703 (2) to minimize the 
disruption to the lives of persons performing service in the uniformed 
  services as well as to their employers, their fellow employees, and 
  their communities, by providing for the prompt reemployment of such 
  persons upon their completion of such service; and (3) to prohibit 
    discrimination against persons because of their service in the 
 uniformed services. (b) It is the sense of Congress that the Federal 
Government should be a model employer in carrying out the provisions of 
this chapter. (Added Pub. L. 103353, Sec. 2(a), Oct. 13, 1994, 
   108 Stat. 3150; amended Pub. L. 104275, title III, Sec. 
 311(1), Oct. 9, 1996, 110 Stat. 3333.) ' 4302. Relation to other law 
 and plans or agreements (a) Nothing in this chapter shall supersede, 
 nullify or diminish any Federal or State law (including any local law 
 or ordinance), contract, agreement, policy, plan, practice, or other 
matter that establishes a right or benefit that is more beneficial to, 
 or is in addition to, a right or benefit provided for such person in 
this chapter. (b) This chapter supersedes any State law (including any 
 local law or ordinance), contract, agreement, policy, plan, practice, 
 or other matter that reduces, limits, or eliminates in any manner any 
right or benefit provided by this chapter, including the establishment 
 of additional prerequisites to the exercise of any such right or the 
receipt of any such benefit. (Added Pub. L. 103353, Sec. 2(a), 
Oct. 13, 1994, 108 Stat. 3150.) ' 4303. Definitions For the purposes of 
          this chapter (1) The term Attorney 
  General means the Attorney General of the United 
States or any person designated by the Attorney General to carry out a 
responsibility of the Attorney General under this chapter. (2) The term 
     benefit, benefit of 
        employment, or rights and 
  benefits means any advantage, profit, privilege, 
gain, status, account, or interest (including wages or salary for work 
    performed) that accrues by reason of an employment contract or 
agreement or an employer policy, plan, or practice and includes rights 
  and benefits under a pension plan, a health plan, an employee stock 
ownership plan, insurance coverage and awards, bonuses, severance pay, 
 supplemental unemployment benefits, vacations, and the opportunity to 
       select work hours or location of employment. (3) The term 
employee means any person employed by an 
employer. Such term includes any person who is a citizen, national, or 
 permanent resident alien of the United States employed in a workplace 
 in a foreign country by an employer that is an entity incorporated or 
 otherwise organized in the United States or that is controlled by an 
 entity organized in the United States, within the meaning of section 
 4319(c) of this title. (4)(A) Except as provided in subparagraphs (B) 
  and (C), the term employer means any 
person, institution, organization, or other entity that pays salary or 
     wages for work performed or that has control over employment 
opportunities, including (i) a person, institution, organization, 
 or other entity to whom the employer has delegated the performance of 
employment-related responsibilities; (ii) the Federal Government; (iii) 
   a State; (iv) any successor in interest to a person, institution, 
organization, or other entity referred to in this subparagraph; and (v) 
 a person, institution, organization, or other entity that has denied 
 initial employment in violation of section 4311. (B) In the case of a 
 National Guard technician employed under section 709 of title 32, the 
term employer means the adjutant general 
  of the State in which the technician is employed. (C) Except as an 
    actual employer of employees, an employee pension benefit plan 
 described in section 3(2) of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1002(2)) shall be deemed to be an employer only 
with respect to the obligation to provide benefits described in section 
        4318. (D)(i) Whether the term successor in 
interest applies with respect to an entity described 
 in subparagraph (A) for purposes of clause (iv) of such subparagraph 
 shall be determined on a case-by-case basis using a multi-factor test 
  that considers the following factors: (I) Substantial continuity of 
business operations. (II) Use of the same or similar facilities. (III) 
     Continuity of work force. (IV) Similarity of jobs and working 
conditions. (V) Similarity of supervisory personnel. (VI) Similarity of 
   machinery, equipment, and production methods. (VII) Similarity of 
   products or services. (ii) The entitys lack of notice or 
  awareness of a potential or pending claim under this chapter at the 
time of a merger, acquisition, or other form of succession shall not be 
 considered when applying the multi-factor test under clause (i). (5) 
    The term Federal executive agency 
   includes the United States Postal Service, the Postal Regulatory 
  Commission, any nonappropriated fund instrumentality of the United 
States, any Executive agency (as that term is defined in section 105 of 
title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) 
  of title 5, and any military department (as that term is defined in 
section 102 of title 5) with respect to the civilian employees of that 
             department. (6) The term Federal 
Government includes any Federal executive agency, the 
legislative branch of the United States, and the judicial branch of the 
 United States. (7) The term health plan 
  means an insurance policy or contract, medical or hospital service 
 agreement, membership or subscription contract, or other arrangement 
    under which health services for individuals are provided or the 
           expenses of such services are paid. (8) The term 
notice means (with respect to subchapter 
II) any written or verbal notification of an obligation or intention to 
 perform service in the uniformed services provided to an employer by 
the employee who will perform such service or by the uniformed service 
        in which such service is to be performed. (9) The term 
qualified, with respect to an employment 
 position, means having the ability to perform the essential tasks of 
          the position. (10) The term reasonable 
   efforts, in the case of actions required of an 
employer under this chapter, means actions, including training provided 
 by an employer, that do not place an undue hardship on the employer. 
              (11) Notwithstanding section 101, the term 
Secretary means the Secretary of Labor or 
any person designated by such Secretary to carry out an activity under 
  this chapter. (12) The term seniority 
means longevity in employment together with any benefits of employment 
which accrue with, or are determined by, longevity in employment. (13) 
             The term service in the uniformed 
services means the performance of duty on a voluntary 
 or involuntary basis in a uniformed service under competent authority 
and includes active duty, active duty for training, initial active duty 
for training, inactive duty training, full-time National Guard duty, a 
 period for which a person is absent from a position of employment for 
the purpose of an examination to determine the fitness of the person to 
 perform any such duty, and a period for which a person is absent from 
    employment for the purpose of performing funeral honors duty as 
  authorized by section 12503 of title 10 or section 115 of title 32. 
  (14) The term State means each of the 
  several States of the United States, the District of Columbia, the 
   Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other 
territories of the United States (including the agencies and political 
        subdivisions thereof). (15) The term undue 
    hardship, in the case of actions taken by an 
 employer, means actions requiring significant difficulty or expense, 
when considered in light of (A) the nature and cost of the action 
 needed under this chapter; (B) the overall financial resources of the 
  facility or facilities involved in the provision of the action; the 
number of persons employed at such facility; the effect on expenses and 
resources, or the impact otherwise of such action upon the operation of 
the facility; (C) the overall financial resources of the employer; the 
overall size of the business of an employer with respect to the number 
of its employees; the number, type, and location of its facilities; and 
(D) the type of operation or operations of the employer, including the 
    composition, structure, and functions of the work force of such 
   employer; the geographic separateness, administrative, or fiscal 
relationship of the facility or facilities in question to the employer. 
 (16) The term uniformed services means 
 the Armed Forces, the Army National Guard and the Air National Guard 
 when engaged in active duty for training, inactive duty training, or 
  full-time National Guard duty, the commissioned corps of the Public 
  Health Service, and any other category of persons designated by the 
    President in time of war or national emergency. (Added Pub. L. 
103353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3150; amended Pub. 
  L. 104275, title III, Sec. 311(2), Oct. 9, 1996, 110 Stat. 
3334; Pub. L. 105368, titleII, Sec. 212(a), Nov. 11, 1998, 112 
 Stat. 3331; Pub. L. 106419, title III, Sec. 323(a), Nov. 1, 
 2000, 114 Stat. 1855; Pub. L. 10714, Sec. 8(a)(11), (b)(2), 
June 5, 2001, 115 Stat. 35, 36; Pub. L. 109435, title VI, Sec. 
 604(f), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 111275, title 
  VII, Secs. 701(a), 702(a), Oct. 13, 2010, 124 Stat. 2887.) ' 4304. 
Character of service A persons entitlement to the benefits of 
  this chapter by reason of the service of such person in one of the 
    uniformed services terminates upon the occurrence of any of the 
 following events: (1) A separation of such person from such uniformed 
service with a dishonorable or bad conduct discharge. (2) A separation 
 of such person from such uniformed service under other than honorable 
conditions, as characterized pursuant to regulations prescribed by the 
  Secretary concerned. (3) A dismissal of such person permitted under 
  section 1161(a) of title 10. (4) A dropping of such person from the 
     rolls pursuant to section 1161(b) of title 10. (Added Pub. L. 
103353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3152.) SUBCHAPTER 
IIEMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS 
   ' 4311. Discrimination against persons who serve in the uniformed 
 services and acts of reprisal prohibited (a) A person who is a member 
  of, applies to be a member of, performs, has performed, applies to 
perform, or has an obligation to perform service in a uniformed service 
  shall not be denied initial employment, reemployment, retention in 
 employment, promotion, or any benefit of employment by an employer on 
 the basis of that membership, application for membership, performance 
of service, application for service, or obligation. (b) An employer may 
 not discriminate in employment against or take any adverse employment 
 action against any person because such person (1) has taken an action 
to enforce a protection afforded any person under this chapter, (2) has 
 testified or otherwise made a statement in or in connection with any 
     proceeding under this chapter, (3) has assisted or otherwise 
    participated in an investigation under this chapter, or (4) has 
exercised a right provided for in this chapter. The prohibition in this 
 subsection shall apply with respect to a person regardless of whether 
  that person has performed service in the uniformed services. (c) An 
employer shall be considered to have engaged in actions prohibited 
     (1) under subsection (a), if the persons membership, 
   application for membership, service, application for service, or 
obligation for service in the uniformed services is a motivating factor 
 in the employers action, unless the employer can prove that 
  the action would have been taken in the absence of such membership, 
   application for membership, service, application for service, or 
      obligation for service; or (2) under subsection (b), if the 
persons (A) action to enforce a protection afforded any person 
  under this chapter, (B) testimony or making of a statement in or in 
 connection with any proceeding under this chapter, (C) assistance or 
  other participation in an investigation under this chapter, or (D) 
   exercise of a right provided for in this chapter, is a motivating 
factor in the employers action, unless the employer can prove 
     that the action would have been taken in the absence of such 
persons enforcement action, testimony, statement, assistance, 
    participation, or exercise of a right. (d) The prohibitions in 
  subsections (a) and (b) shall apply to any position of employment, 
including a position that is described in section 4312(d)(1)(C) of this 
 title. (Added Pub. L. 103353, Sec. 2(a), Oct. 13, 1994, 108 
 Stat. 3153; amended Pub. L. 104275, title III, Sec. 311(3), 
 Oct. 9, 1996, 110 Stat. 3334.) ' 4312. Reemployment rights of persons 
  who serve in the uniformed services (a) Subject to subsections (b), 
   (c), and (d) and to section 4304, any person whose absence from a 
  position of employment is necessitated by reason of service in the 
  uniformed services shall be entitled to the reemployment rights and 
benefits and other employment benefits of this chapter if (1) the 
  person (or an appropriate officer of the uniformed service in which 
 such service is performed) has given advance written or verbal notice 
 of such service to such persons employer; (2) the cumulative 
 length of the absence and of all previous absences from a position of 
  employment with that employer by reason of service in the uniformed 
  services does not exceed five years; and (3) except as provided in 
 subsection (f), the person reports to, or submits an application for 
  reemployment to, such employer in accordance with the provisions of 
 subsection (e). (b) No notice is required under subsection (a)(1) if 
the giving of such notice is precluded by military necessity or, under 
    all of the relevant circumstances, the giving of such notice is 
   otherwise impossible or unreasonable. A determination of military 
necessity for the purposes of this subsection shall be made pursuant to 
  regulations prescribed by the Secretary of Defense and shall not be 
subject to judicial review. (c) Subsection (a) shall apply to a person 
who is absent from a position of employment by reason of service in the 
   uniformed services if such persons cumulative period of 
    service in the uniformed services, with respect to the employer 
  relationship for which a person seeks reemployment, does not exceed 
 five years, except that any such period of service shall not include 
 any service (1) that is required, beyond five years, to complete 
 an initial period of obligated service; (2) during which such person 
  was unable to obtain orders releasing such person from a period of 
 service in the uniformed services before the expiration of such five-
year period and such inability was through no fault of such person; (3) 
  performed as required pursuant to section 10147 of title 10, under 
 section 502(a) or 503 of title 32, or to fulfill additional training 
   requirements determined and certified in writing by the Secretary 
    concerned, to be necessary for professional development, or for 
   completion of skill training or retraining; or (4) performed by a 
member of a uniformed service who is (A) ordered to or retained on 
  active duty under section 688, 12301(a), 12301(g), 12302, 12304, or 
 12305 of title 10 or under section 331, 332, 359, 360, 367, or 712 of 
  title 14; (B) ordered to or retained on active duty (other than for 
   training) under any provision of law because of a war or national 
 emergency declared by the President or the Congress, as determined by 
  the Secretary concerned; (C) ordered to active duty (other than for 
 training) in support, as determined by the Secretary concerned, of an 
  operational mission for which personnel have been ordered to active 
  duty under section 12304 of title 10; (D) ordered to active duty in 
   support, as determined by the Secretary concerned, of a critical 
 mission or requirement of the uniformed services; or (E) called into 
 Federal service as a member of the National Guard under chapter 15 of 
title 10 or under section 12406 of title 10. (d)(1) An employer is not 
   required to reemploy a person under this chapter if (A) the 
   employers circumstances have so changed as to make such 
 reemployment impossible or unreasonable; (B) in the case of a person 
entitled to reemployment under subsection (a)(3), (a)(4), or (b)(2)(B) 
of section 4313, such employment would impose an undue hardship on the 
 employer; or (C) the employment from which the person leaves to serve 
in the uniformed services is for a brief, nonrecurrent period and there 
    is no reasonable expectation that such employment will continue 
    indefinitely or for a significant period. (2) In any proceeding 
involving an issue of whether (A) any reemployment referred to in 
 paragraph (1) is impossible or unreasonable because of a change in an 
 employers circumstances, (B) any accommodation, training, or 
   effort referred to in subsection (a)(3), (a)(4), or (b)(2)(B) of 
section 4313 would impose an undue hardship on the employer, or (C) the 
employment referred to in paragraph (1)(C) is for a brief, nonrecurrent 
period and there is no reasonable expectation that such employment will 
 continue indefinitely or for a significant period, the employer shall 
have the burden of proving the impossibility or unreasonableness, undue 
hardship, or the brief or nonrecurrent nature of the employment without 
     a reasonable expectation of continuing indefinitely or for a 
significant period. (e)(1) Subject to paragraph (2), a person referred 
to in subsection (a) shall, upon the completion of a period of service 
  in the uniformed services, notify the employer referred to in such 
 subsection of the persons intent to return to a position of 
 employment with such employer as follows: (A) In the case of a person 
  whose period of service in the uniformed services was less than 31 
    days, by reporting to the employer (i) not later than the 
  beginning of the first full regularly scheduled work period on the 
   first full calendar day following the completion of the period of 
 service and the expiration of eight hours after a period allowing for 
the safe transportation of the person from the place of that service to 
 the persons residence; or (ii) as soon as possible after the 
   expiration of the eight-hour period referred to in clause (i), if 
reporting within the period referred to in such clause is impossible or 
   unreasonable through no fault of the person. (B) In the case of a 
person who is absent from a position of employment for a period of any 
      length for the purposes of an examination to determine the 
persons fitness to perform service in the uniformed services, 
 by reporting in the manner and time referred to in subparagraph (A). 
 (C) In the case of a person whose period of service in the uniformed 
     services was for more than 30 days but less than 181 days, by 
submitting an application for reemployment with the employer not later 
   than 14 days after the completion of the period of service or if 
    submitting such application within such period is impossible or 
   unreasonable through no fault of the person, the next first full 
calendar day when submission of such application becomes possible. (D) 
   In the case of a person whose period of service in the uniformed 
 services was for more than 180 days, by submitting an application for 
    reemployment with the employer not later than 90 days after the 
      completion of the period of service. (2)(A) A person who is 
 hospitalized for, or convalescing from, an illness or injury incurred 
 in, or aggravated during, the performance of service in the uniformed 
  services shall, at the end of the period that is necessary for the 
     person to recover from such illness or injury, report to the 
    persons employer (in the case of a person described in 
subparagraph (A) or (B) of paragraph (1)) or submit an application for 
 reemployment with such employer (in the case of a person described in 
   subparagraph (C) or (D) of such paragraph). Except as provided in 
subparagraph (B), such period of recovery may not exceed two years. (B) 
Such two-year period shall be extended by the minimum time required to 
  accommodate the circumstances beyond such persons control 
 which make reporting within the period specified in subparagraph (A) 
 impossible or unreasonable. (3) A person who fails to report or apply 
for employment or reemployment within the appropriate period specified 
        in this subsection shall not automatically forfeit such 
persons entitlement to the rights and benefits referred to in 
 subsection (a) but shall be subject to the conduct rules, established 
      policy, and general practices of the employer pertaining to 
  explanations and discipline with respect to absence from scheduled 
 work. (f)(1) A person who submits an application for reemployment in 
    accordance with subparagraph (C) or (D) of subsection (e)(1) or 
subsection (e)(2) shall provide to the persons employer (upon 
the request of such employer) documentation to establish that (A) 
  the persons application is timely; (B) the person has not 
exceeded the service limitations set forth in subsection (a)(2) (except 
   as permitted under subsection (c)); and (C) the persons 
entitlement to the benefits under this chapter has not been terminated 
 pursuant to section 4304. (2) Documentation of any matter referred to 
in paragraph (1) that satisfies regulations prescribed by the Secretary 
shall satisfy the documentation requirements in such paragraph. (3)(A) 
  Except as provided in subparagraph (B), the failure of a person to 
provide documentation that satisfies regulations prescribed pursuant to 
    paragraph (2) shall not be a basis for denying reemployment in 
 accordance with the provisions of this chapter if the failure occurs 
 because such documentation does not exist or is not readily available 
      at the time of the request of the employer. If, after such 
  reemployment, documentation becomes available that establishes that 
 such person does not meet one or more of the requirements referred to 
 in subparagraphs (A), (B), and (C) of paragraph (1), the employer of 
    such person may terminate the employment of the person and the 
  provision of any rights or benefits afforded the person under this 
chapter. (B) An employer who reemploys a person absent from a position 
of employment for more than 90 days may require that the person provide 
  the employer with the documentation referred to in subparagraph (A) 
before beginning to treat the person as not having incurred a break in 
   service for pension purposes under section 4318(a)(2)(A). (4) An 
 employer may not delay or attempt to defeat a reemployment obligation 
  by demanding documentation that does not then exist or is not then 
readily available. (g) The right of a person to reemployment under this 
  section shall not entitle such person to retention, preference, or 
  displacement rights over any person with a superior claim under the 
  provisions of title 5, United States Code, relating to veterans and 
       other preference eligibles. (h) In any determination of a 
  persons entitlement to protection under this chapter, the 
  timing, frequency, and duration of the persons training or 
service, or the nature of such training or service (including voluntary 
 service) in the uniformed services, shall not be a basis for denying 
     protection of this chapter if the service does not exceed the 
  limitations set forth in subsection (c) and the notice requirements 
  established in subsection (a)(1) and the notification requirements 
established in subsection (e) are met. (Added Pub. L. 103353, 
       Sec. 2(a), Oct. 13, 1994, 108 Stat. 3153; amended Pub. L. 
104275, title III, Sec. 311(4), Oct. 9, 1996, 110 Stat. 3334.) 
 ' 4313. Reemployment positions (a) Subject to subsection (b) (in the 
  case of any employee) and sections 4314 and 4315 (in the case of an 
employee of the Federal Government), a person entitled to reemployment 
   under section 4312, upon completion of a period of service in the 
   uniformed services, shall be promptly reemployed in a position of 
  employment in accordance with the following order of priority: (1) 
 Except as provided in paragraphs (3) and (4), in the case of a person 
whose period of service in the uniformed services was for less than 91 
 days (A) in the position of employment in which the person would 
have been employed if the continuous employment of such person with the 
employer had not been interrupted by such service, the duties of which 
     the person is qualified to perform; or (B) in the position of 
    employment in which the person was employed on the date of the 
  commencement of the service in the uniformed services, only if the 
person is not qualified to perform the duties of the position referred 
  to in subparagraph (A) after reasonable efforts by the employer to 
 qualify the person. (2) Except as provided in paragraphs (3) and (4), 
   in the case of a person whose period of service in the uniformed 
    services was for more than 90 days (A) in the position of 
    employment in which the person would have been employed if the 
  continuous employment of such person with the employer had not been 
 interrupted by such service, or a position of like seniority, status 
and pay, the duties of which the person is qualified to perform; or (B) 
 in the position of employment in which the person was employed on the 
date of the commencement of the service in the uniformed services, or a 
  position of like seniority, status and pay, the duties of which the 
person is qualified to perform, only if the person is not qualified to 
perform the duties of a position referred to in subparagraph (A) after 
 reasonable efforts by the employer to qualify the person. (3) In the 
   case of a person who has a disability incurred in, or aggravated 
during, such service, and who (after reasonable efforts by the employer 
to accommodate the disability) is not qualified due to such disability 
to be employed in the position of employment in which the person would 
have been employed if the continuous employment of such person with the 
employer had not been interrupted by such service (A) in any other 
position which is equivalent in seniority, status, and pay, the duties 
 of which the person is qualified to perform or would become qualified 
   to perform with reasonable efforts by the employer; or (B) if not 
  employed under subparagraph (A), in a position which is the nearest 
approximation to a position referred to in subparagraph (A) in terms of 
   seniority, status, and pay consistent with circumstances of such 
   persons case. (4) In the case of a person who (A) is not 
qualified to be employed in (i) the position of employment in which the 
 person would have been employed if the continuous employment of such 
 person with the employer had not been interrupted by such service, or 
(ii) in the position of employment in which such person was employed on 
 the date of the commencement of the service in the uniformed services 
   for any reason (other than disability incurred in, or aggravated 
   during, service in the uniformed services), and (B) cannot become 
    qualified with reasonable efforts by the employer, in any other 
 position which is the nearest approximation to a position referred to 
first in clause (A)(i) and then in clause (A)(ii) which such person is 
   qualified to perform, with full seniority. (b)(1) If two or more 
  persons are entitled to reemployment under section 4312 in the same 
position of employment and more than one of them has reported for such 
  reemployment, the person who left the position first shall have the 
 prior right to reemployment in that position. (2) Any person entitled 
to reemployment under section 4312 who is not reemployed in a position 
   of employment by reason of paragraph (1) shall be entitled to be 
 reemployed as follows: (A) Except as provided in subparagraph (B), in 
 any other position of employment referred to in subsection (a)(1) or 
  (a)(2), as the case may be (in the order of priority set out in the 
  applicable subsection), that provides a similar status and pay to a 
position of employment referred to in paragraph (1) of this subsection, 
 consistent with the circumstances of such persons case, with 
   full seniority. (B) In the case of a person who has a disability 
incurred in, or aggravated during, a period of service in the uniformed 
   services that requires reasonable efforts by the employer for the 
person to be able to perform the duties of the position of employment, 
in any other position referred to in subsection (a)(3) (in the order of 
priority set out in that subsection) that provides a similar status and 
  pay to a position referred to in paragraph (1) of this subsection, 
consistent with circumstances of such persons case, with full 
 seniority. (Added Pub. L. 103353, Sec. 2(a), Oct. 13, 1994, 
   108 Stat. 3157; amended Pub. L. 104275, title III, Sec. 
  311(5), Oct. 9, 1996, 110 Stat. 3335.) ' 4314. Reemployment by the 
Federal Government (a) Except as provided in subsections (b), (c), and 
(d), if a person is entitled to reemployment by the Federal Government 
 under section 4312, such person shall be reemployed in a position of 
employment as described in section 4313. (b)(1) If the Director of the 
   Office of Personnel Management makes a determination described in 
 paragraph (2) with respect to a person who was employed by a Federal 
executive agency at the time the person entered the service from which 
    the person seeks reemployment under this section, the Director 
 shall (A) identify a position of like seniority, status, and pay 
at another Federal executive agency that satisfies the requirements of 
section 4313 and for which the person is qualified; and (B) ensure that 
 the person is offered such position. (2) The Director shall carry out 
the duties referred to in subparagraphs (A) and (B) of paragraph (1) if 
the Director determines that (A) the Federal executive agency that 
employed the person referred to in such paragraph no longer exists and 
   the functions of such agency have not been transferred to another 
 Federal executive agency; or (B) it is impossible or unreasonable for 
  the agency to reemploy the person. (c) If the employer of a person 
 described in subsection (a) was, at the time such person entered the 
service from which such person seeks reemployment under this section, a 
 part of the judicial branch or the legislative branch of the Federal 
   Government, and such employer determines that it is impossible or 
  unreasonable for such employer to reemploy such person, such person 
  shall, upon application to the Director of the Office of Personnel 
    Management, be ensured an offer of employment in an alternative 
   position in a Federal executive agency on the basis described in 
subsection (b). (d) If the adjutant general of a State determines that 
    it is impossible or unreasonable to reemploy a person who was a 
National Guard technician employed under section 709 of title 32, such 
    person shall, upon application to the Director of the Office of 
     Personnel Management, be ensured an offer of employment in an 
    alternative position in a Federal executive agency on the basis 
described in subsection (b). (Added Pub. L. 103353, Sec. 2(a), 
Oct. 13, 1994, 108 Stat. 3158.) ' 4315. Reemployment by certain Federal 
      agencies (a) The head of each agency referred to in section 
 2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for ensuring 
   that the rights under this chapter apply to the employees of such 
agency. (b) In prescribing procedures under subsection (a), the head of 
 an agency referred to in that subsection shall ensure, to the maximum 
 extent practicable, that the procedures of the agency for reemploying 
      persons who serve in the uniformed services provide for the 
 reemployment of such persons in the agency in a manner similar to the 
manner of reemployment described in section 4313. (c)(1) The procedures 
  prescribed under subsection (a) shall designate an official at the 
agency who shall determine whether or not the reemployment of a person 
     referred to in subsection (b) by the agency is impossible or 
unreasonable. (2) Upon making a determination that the reemployment by 
 the agency of a person referred to in subsection (b) is impossible or 
 unreasonable, the official referred to in paragraph (1) shall notify 
 the person and the Director of the Office of Personnel Management of 
  such determination. (3) A determination pursuant to this subsection 
 shall not be subject to judicial review. (4) The head of each agency 
 referred to in subsection (a) shall submit to the Select Committee on 
  Intelligence and the Committee on Veterans Affairs of the 
   Senate and the Permanent Select Committee on Intelligence and the 
Committee on Veterans Affairs of the House of Representatives 
on an annual basis a report on the number of persons whose reemployment 
 with the agency was determined under this subsection to be impossible 
  or unreasonable during the year preceding the report, including the 
 reason for each such determination. (d)(1) Except as provided in this 
 section, nothing in this section, section 4313, or section 4325 shall 
 be construed to exempt any agency referred to in subsection (a) from 
 compliance with any other substantive provision of this chapter. (2) 
 This section may not be construed (A) as prohibiting an employee 
  of an agency referred to in subsection (a) from seeking information 
 from the Secretary regarding assistance in seeking reemployment from 
 the agency under this chapter, alternative employment in the Federal 
 Government under this chapter, or information relating to the rights 
and obligations of employee and Federal agencies under this chapter; or 
(B) as prohibiting such an agency from voluntarily cooperating with or 
  seeking assistance in or of clarification from the Secretary or the 
 Director of the Office of Personnel Management of any matter arising 
    under this chapter. (e) The Director of the Office of Personnel 
   Management shall ensure the offer of employment to a person in a 
   position in a Federal executive agency on the basis described in 
  subsection (b) if (1) the person was an employee of an agency 
  referred to in section 2302(a)(2)(C)(ii) of title 5 at the time the 
  person entered the service from which the person seeks reemployment 
     under this section; (2) the appropriate officer of the agency 
determines under subsection (c) that reemployment of the person by the 
  agency is impossible or unreasonable; and (3) the person submits an 
   application to the Director for an offer of employment under this 
 subsection. (Added Pub. L. 103353, Sec. 2(a), Oct. 13, 1994, 
 108 Stat. 3159.) ' 4316. Rights, benefits, and obligations of persons 
absent from employment for service in a uniformed service (a) A person 
 who is reemployed under this chapter is entitled to the seniority and 
 other rights and benefits determined by seniority that the person had 
 on the date of the commencement of service in the uniformed services 
plus the additional seniority and rights and benefits that such person 
 would have attained if the person had remained continuously employed. 
 (b)(1) Subject to paragraphs (2) through (6), a person who is absent 
  from a position of employment by reason of service in the uniformed 
services shall be (A) deemed to be on furlough or leave of absence 
 while performing such service; and (B) entitled to such other rights 
 and benefits not determined by seniority as are generally provided by 
   the employer of the person to employees having similar seniority, 
    status, and pay who are on furlough or leave of absence under a 
    contract, agreement, policy, practice, or plan in effect at the 
commencement of such service or established while such person performs 
such service. (2)(A) Subject to subparagraph (B), a person who (i) 
  is absent from a position of employment by reason of service in the 
   uniformed services, and (ii) knowingly provides written notice of 
 intent not to return to a position of employment after service in the 
    uniformed service, is not entitled to rights and benefits under 
    paragraph (1)(B). (B) For the purposes of subparagraph (A), the 
   employer shall have the burden of proving that a person knowingly 
provided clear written notice of intent not to return to a position of 
employment after service in the uniformed service and, in doing so, was 
aware of the specific rights and benefits to be lost under subparagraph 
 (A). (3) A person deemed to be on furlough or leave of absence under 
 this subsection while serving in the uniformed services shall not be 
  entitled under this subsection to any benefits to which the person 
would not otherwise be entitled if the person had remained continuously 
employed. (4) Such person may be required to pay the employee cost, if 
 any, of any funded benefit continued pursuant to paragraph (1) to the 
extent other employees on furlough or leave of absence are so required. 
  (5) The entitlement of a person to coverage under a health plan is 
 provided for under section 4317. (6) The entitlement of a person to a 
right or benefit under an employee pension benefit plan is provided for 
under section 4318. (c) A person who is reemployed by an employer under 
 this chapter shall not be discharged from such employment, except for 
cause (1) within one year after the date of such reemployment, if 
the persons period of service before the reemployment was more 
     than 180 days; or (2) within 180 days after the date of such 
  reemployment, if the persons period of service before the 
  reemployment was more than 30 days but less than 181 days. (d) Any 
person whose employment with an employer is interrupted by a period of 
 service in the uniformed services shall be permitted, upon request of 
that person, to use during such period of service any vacation, annual, 
or similar leave with pay accrued by the person before the commencement 
    of such service. No employer may require any such person to use 
   vacation, annual, or similar leave during such period of service. 
(e)(1) An employer shall grant an employee who is a member of a reserve 
component an authorized leave of absence from a position of employment 
to allow that employee to perform funeral honors duty as authorized by 
section 12503 of title 10 or section 115 of title 32. (2) For purposes 
     of section 4312(e)(1) of this title, an employee who takes an 
   authorized leave of absence under paragraph (1) is deemed to have 
  notified the employer of the employees intent to return to 
such position of employment. (Added Pub. L. 103353, Sec. 2(a), 
 Oct. 13, 1994, 108 Stat. 3160; amended Pub. L. 104275, title 
        III, Sec. 311(6), Oct. 9, 1996, 110 Stat. 3335; Pub. L. 
106419, title III, Sec. 323(b), Nov. 1, 2000, 114 Stat. 1855.) 
   ' 4317. Health plans (a)(1) In any case in which a person (or the 
   persons dependents) has coverage under a health plan in 
connection with the persons position of employment, including 
   a group health plan (as defined in section 607(1) of the Employee 
Retirement Income Security Act of 1974), and such person is absent from 
   such position of employment by reason of service in the uniformed 
 services, or such person becomes eligible for medical and dental care 
  under chapter 55 of title 10 by reason of subsection (d) of section 
1074 of that title, the plan shall provide that the person may elect to 
  continue such coverage as provided in this subsection. The maximum 
  period of coverage of a person and the persons dependents 
  under such an election shall be the lesser of (A) the 24-month 
  period beginning on the date on which the persons absence 
  begins; or (B) the day after the date on which the person fails to 
 apply for or return to a position of employment, as determined under 
   section 4312(e). (2) A person who elects to continue health-plan 
coverage under this paragraph may be required to pay not more than 102 
  percent of the full premium under the plan (determined in the same 
   manner as the applicable premium under section 4980B(f)(4) of the 
 Internal Revenue Code of 1986) associated with such coverage for the 
employers other employees, except that in the case of a person 
 who performs service in the uniformed services for less than 31 days, 
such person may not be required to pay more than the employee share, if 
  any, for such coverage. (3) In the case of a health plan that is a 
    multiemployer plan, as defined in section 3(37) of the Employee 
 Retirement Income Security Act of 1974, any liability under the plan 
 for employer contributions and benefits arising under this paragraph 
  shall be allocated (A) by the plan in such manner as the plan 
sponsor shall provide; or (B) if the sponsor does not provide (i) 
 to the last employer employing the person before the period served by 
the person in the uniformed services, or (ii) if such last employer is 
    no longer functional, to the plan. (b)(1) Except as provided in 
 paragraph (2), in the case of a person whose coverage under a health 
plan was terminated by reason of service in the uniformed services, or 
 by reason of the persons having become eligible for medical 
 and dental care under chapter 55 of title 10 by reason of subsection 
 (d) of section 1074 of that title, an exclusion or waiting period may 
 not be imposed in connection with the reinstatement of such coverage 
upon reemployment under this chapter if an exclusion or waiting period 
 would not have been imposed under a health plan had coverage of such 
person by such plan not been terminated as a result of such service or 
eligibility. This paragraph applies to the person who is reemployed and 
    to any individual who is covered by such plan by reason of the 
 reinstatement of the coverage of such person. (2) Paragraph (1) shall 
 not apply to the coverage of any illness or injury determined by the 
 Secretary of Veterans Affairs to have been incurred in, or aggravated 
 during, performance of service in the uniformed services. (3) In the 
 case of a person whose coverage under a health plan is terminated by 
reason of the person having become eligible for medical and dental care 
  under chapter 55 of title 10 by reason of subsection (d) of section 
 1074 of that title but who subsequently does not commence a period of 
   active duty under the order to active duty that established such 
   eligibility because the order is canceled before such active duty 
commences, the provisions of paragraph (1) relating to any exclusion or 
waiting period in connection with the reinstatement of coverage under a 
health plan shall apply to such persons continued employment, 
 upon the termination of such eligibility for medical and dental care 
 under chapter 55 of title 10 that is incident to the cancellation of 
 such order, in the same manner as if the person had become reemployed 
 upon such termination of eligibility. (Added Pub. L. 103353, 
       Sec. 2(a), Oct. 13, 1994, 108 Stat. 3161; amended Pub. L. 
104275, title III, Sec. 311(7), Oct. 9, 1996, 110 Stat. 3335; 
  Pub. L. 108454, title II, Sec. 201(a), Dec. 10, 2004, 118 
  Stat. 3605; Pub. L. 109233, title III, Sec. 303, June 15, 
2006, 120 Stat. 406.) ' 4318. Employee pension benefit plans (a)(1)(A) 
Except as provided in subparagraph (B), in the case of a right provided 
pursuant to an employee pension benefit plan (including those described 
 in sections 3(2) and 3(33) of the Employee Retirement Income Security 
    Act of 1974) or a right provided under any Federal or State law 
  governing pension benefits for governmental employees, the right to 
  pension benefits of a person reemployed under this chapter shall be 
 determined under this section. (B) In the case of benefits under the 
   Thrift Savings Plan, the rights of a person reemployed under this 
chapter shall be those rights provided in section 8432b of title 5. The 
 first sentence of this subparagraph shall not be construed to affect 
    any other right or benefit under this chapter. (2)(A) A person 
reemployed under this chapter shall be treated as not having incurred a 
break in service with the employer or employers maintaining the plan by 
  reason of such persons period or periods of service in the 
uniformed services. (B) Each period served by a person in the uniformed 
  services shall, upon reemployment under this chapter, be deemed to 
constitute service with the employer or employers maintaining the plan 
      for the purpose of determining the nonforfeitability of the 
 persons accrued benefits and for the purpose of determining 
the accrual of benefits under the plan. (b)(1) An employer reemploying 
a person under this chapter shall, with respect to a period of service 
  described in subsection (a)(2)(B), be liable to an employee pension 
  benefit plan for funding any obligation of the plan to provide the 
 benefits described in subsection (a)(2) and shall allocate the amount 
 of any employer contribution for the person in the same manner and to 
 the same extent the allocation occurs for other employees during the 
   period of service. For purposes of determining the amount of such 
  liability and any obligation of the plan, earnings and forfeitures 
 shall not be included. For purposes of determining the amount of such 
 liability and for purposes of section 515 of the Employee Retirement 
    Income Security Act of 1974 or any similar Federal or State law 
 governing pension benefits for governmental employees, service in the 
 uniformed services that is deemed under subsection (a) to be service 
with the employer shall be deemed to be service with the employer under 
     the terms of the plan or any applicable collective bargaining 
 agreement. In the case of a multiemployer plan, as defined in section 
   3(37) of the Employee Retirement Income Security Act of 1974, any 
      liability of the plan described in this paragraph shall be 
     allocated (A) by the plan in such manner as the sponsor 
  maintaining the plan shall provide; or (B) if the sponsor does not 
 provide (i) to the last employer employing the person before the 
period served by the person in the uniformed services, or (ii) if such 
   last employer is no longer functional, to the plan. (2) A person 
  reemployed under this chapter shall be entitled to accrued benefits 
  pursuant to subsection (a) that are contingent on the making of, or 
derived from, employee contributions or elective deferrals (as defined 
in section 402(g)(3) of the Internal Revenue Code of 1986) only to the 
   extent the person makes payment to the plan with respect to such 
 contributions or deferrals. No such payment may exceed the amount the 
  person would have been permitted or required to contribute had the 
 person remained continuously employed by the employer throughout the 
period of service described in subsection (a)(2)(B). Any payment to the 
   plan described in this paragraph shall be made during the period 
  beginning with the date of reemployment and whose duration is three 
   times the period of the persons service in the uniformed 
    services, such payment period not to exceed five years. (3) For 
 purposes of computing an employers liability under paragraph 
 (1) or the employees contributions under paragraph (2), the 
employees compensation during the period of service described 
  in subsection (a)(2)(B) shall be computed (A) at the rate the 
employee would have received but for the period of service described in 
subsection (a)(2)(B), or (B) in the case that the determination of such 
rate is not reasonably certain, on the basis of the employees 
  average rate of compensation during the 12-month period immediately 
    preceding such period (or, if shorter, the period of employment 
 immediately preceding such period). (c) Any employer who reemploys a 
  person under this chapter and who is an employer contributing to a 
    multiemployer plan, as defined in section 3(37) of the Employee 
Retirement Income Security Act of 1974, under which benefits are or may 
  be payable to such person by reason of the obligations set forth in 
      this chapter, shall, within 30 days after the date of such 
reemployment, provide information, in writing, of such reemployment to 
 the administrator of such plan. (Added Pub. L. 103353, Sec. 
 2(a), Oct. 13, 1994, 108 Stat. 3162; amended Pub. L. 104275, 
    title III, Sec. 311(8), Oct. 9, 1996, 110 Stat. 3335.) ' 4319. 
 Employment and reemployment rights in foreign countries (a) LIABILITY 
  OF CONTROLLING UNITED STATES EMPLOYER OF FOREIGN ENTITY.If an 
employer controls an entity that is incorporated or otherwise organized 
   in a foreign country, any denial of employment, reemployment, or 
 benefit by such entity shall be presumed to be by such employer. (b) 
INAPPLICABILITY TO FOREIGN EMPLOYER.This subchapter does not apply 
   to foreign operations of an employer that is a foreign person not 
     controlled by an United States employer. (c) DETERMINATION OF 
    CONTROLLING EMPLOYER.For the purpose of this section, the 
determination of whether an employer controls an entity shall be based 
 upon the interrelations of operations, common management, centralized 
 control of labor relations, and common ownership or financial control 
of the employer and the entity. (d) EXEMPTION.Notwithstanding any 
     other provision of this subchapter, an employer, or an entity 
controlled by an employer, shall be exempt from compliance with any of 
sections 4311 through 4318 of this title with respect to an employee in 
a workplace in a foreign country, if compliance with that section would 
   cause such employer, or such entity controlled by an employer, to 
   violate the law of the foreign country in which the workplace is 
located. (Added Pub. L. 105368, title II, Sec. 212(b)(1), Nov. 
     11, 1998, 112 Stat. 3331.) SUBCHAPTER IIIPROCEDURES FOR 
   ASSISTANCE, ENFORCEMENT, AND INVESTIGATION ' 4321. Assistance in 
   obtaining reemployment or other employment rights or benefits The 
   Secretary (through the Veterans Employment and Training 
  Service) shall provide assistance to any person with respect to the 
employment and reemployment rights and benefits to which such person is 
    entitled under this chapter. In providing such assistance, the 
  Secretary may request the assistance of existing Federal and State 
   agencies engaged in similar or related activities and utilize the 
 assistance of volunteers. (Added Pub. L. 103353, Sec. 2(a), 
 Oct. 13, 1994, 108 Stat. 3164.) ' 4322. Enforcement of employment or 
 reemployment rights (a) A person who claims that (1) such person 
is entitled under this chapter to employment or reemployment rights or 
  benefits with respect to employment by an employer; and (2)(A) such 
   employer has failed or refused, or is about to fail or refuse, to 
comply with the provisions of this chapter; or (B) in the case that the 
employer is a Federal executive agency, such employer or the Office of 
  Personnel Management has failed or refused, or is about to fail or 
   refuse, to comply with the provisions of this chapter, may file a 
complaint with the Secretary in accordance with subsection (b), and the 
Secretary shall investigate such complaint. (b) Such complaint shall be 
in writing, be in such form as the Secretary may prescribe, include the 
 name and address of the employer against whom the complaint is filed, 
 and contain a summary of the allegations that form the basis for the 
complaint. (c)(1) Not later than five days after the Secretary receives 
 a complaint submitted by a person under subsection (a), the Secretary 
 shall notify such person in writing of his or her rights with respect 
 to such complaint under this section and section 4323 or 4324, as the 
 case may be. (2) The Secretary shall, upon request, provide technical 
 assistance to a potential claimant with respect to a complaint under 
   this subsection, and when appropriate, to such claimants 
employer. (d) The Secretary shall investigate each complaint submitted 
pursuant to subsection (a). If the Secretary determines as a result of 
 the investigation that the action alleged in such complaint occurred, 
    the Secretary shall attempt to resolve the complaint by making 
  reasonable efforts to ensure that the person or entity named in the 
  complaint complies with the provisions of this chapter. (e) If the 
  efforts of the Secretary with respect to any complaint filed under 
subsection (a) do not resolve the complaint, the Secretary shall notify 
   the person who submitted the complaint in writing of (1) the 
     results of the Secretarys investigation; and (2) the 
 complainants entitlement to proceed under the enforcement of 
rights provisions provided under section 4323 (in the case of a person 
submitting a complaint against a State or private employer) or section 
4324 (in the case of a person submitting a complaint against a Federal 
executive agency or the Office of Personnel Management). (f) Any action 
    required by subsections (d) and (e) with respect to a complaint 
 submitted by a person to the Secretary under subsection (a) shall be 
completed by the Secretary not later than 90 days after receipt of such 
complaint. (g) This subchapter does not apply to any action relating to 
 benefits to be provided under the Thrift Savings Plan under title 5. 
  (Added Pub. L. 103353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 
3164; amended Pub. L. 104275, title III, Sec. 311(9), Oct. 9, 
    1996, 110 Stat. 3335; Pub. L. 110389, title III, Sec. 
311(a)(c), Oct. 10, 2008, 122 Stat. 4162.) ' 4323. Enforcement 
 of rights with respect to a State or private employer (a) ACTION FOR 
RELIEF.(1) A person who receives from the Secretary a notification 
pursuant to section 4322(e) of this title of an unsuccessful effort to 
 resolve a complaint relating to a State (as an employer) or a private 
  employer may request that the Secretary refer the complaint to the 
 Attorney General. Not later than 60 days after the Secretary receives 
 such a request with respect to a complaint, the Secretary shall refer 
   the complaint to the Attorney General. If the Attorney General is 
 reasonably satisfied that the person on whose behalf the complaint is 
  referred is entitled to the rights or benefits sought, the Attorney 
General may appear on behalf of, and act as attorney for, the person on 
  whose behalf the complaint is submitted and commence an action for 
   relief under this chapter for such person. In the case of such an 
action against a State (as an employer), the action shall be brought in 
 the name of the United States as the plaintiff in the action. (2) Not 
   later than 60 days after the date the Attorney General receives a 
referral under paragraph (1), the Attorney General shall (A) make 
a decision whether to appear on behalf of, and act as attorney for, the 
person on whose behalf the complaint is submitted; and (B) notify such 
person in writing of such decision. (3) A person may commence an action 
for relief with respect to a complaint against a State (as an employer) 
or a private employer if the person (A) has chosen not to apply to 
 the Secretary for assistance under section 4322(a) of this title; (B) 
has chosen not to request that the Secretary refer the complaint to the 
     Attorney General under paragraph (1); or (C) has been refused 
 representation by the Attorney General with respect to the complaint 
   under such paragraph. (b) JURISDICTION.(1) In the case of an 
action against a State (as an employer) or a private employer commenced 
 by the United States, the district courts of the United States shall 
have jurisdiction over the action. (2) In the case of an action against 
 a State (as an employer) by a person, the action may be brought in a 
 State court of competent jurisdiction in accordance with the laws of 
the State. (3) In the case of an action against a private employer by a 
      person, the district courts of the United States shall have 
jurisdiction of the action. (c) VENUE.(1) In the case of an action 
 by the United States against a State (as an employer), the action may 
 proceed in the United States district court for any district in which 
 the State exercises any authority or carries out any function. (2) In 
   the case of an action against a private employer, the action may 
 proceed in the United States district court for any district in which 
 the private employer of the person maintains a place of business. (d) 
REMEDIES.(1) In any action under this section, the court may award 
  relief as follows: (A) The court may require the employer to comply 
  with the provisions of this chapter. (B) The court may require the 
  employer to compensate the person for any loss of wages or benefits 
 suffered by reason of such employers failure to comply with 
the provisions of this chapter. (C) The court may require the employer 
    to pay the person an amount equal to the amount referred to in 
 subparagraph (B) as liquidated damages, if the court determines that 
 the employers failure to comply with the provisions of this 
chapter was willful. (2)(A) Any compensation awarded under subparagraph 
  (B) or (C) of paragraph (1) shall be in addition to, and shall not 
diminish, any of the other rights and benefits provided for under this 
  chapter. (B) In the case of an action commenced in the name of the 
United States for which the relief includes compensation awarded under 
 subparagraph (B) or (C) of paragraph (1), such compensation shall be 
 held in a special deposit account and shall be paid, on order of the 
 Attorney General, directly to the person. If the compensation is not 
 paid to the person because of inability to do so within a period of 3 
   years, the compensation shall be covered into the Treasury of the 
 United States as miscellaneous receipts. (3) A State shall be subject 
to the same remedies, including prejudgment interest, as may be imposed 
       upon any private employer under this section. (e) EQUITY 
    POWERS.The court shall use, in any case in which the court 
    determines it is appropriate, its full equity powers, including 
 temporary or permanent injunctions, temporary restraining orders, and 
 contempt orders, to vindicate fully the rights or benefits of persons 
under this chapter. (f) STANDING.An action under this chapter may 
 be initiated only by a person claiming rights or benefits under this 
 chapter under subsection (a) or by the United States under subsection 
 (a)(1). (g) RESPONDENT.In any action under this chapter, only an 
   employer or a potential employer, as the case may be, shall be a 
 necessary party respondent. (h) FEES, COURT COSTS.(1) No fees or 
court costs may be charged or taxed against any person claiming rights 
   under this chapter. (2) In any action or proceeding to enforce a 
   provision of this chapter by a person under subsection (a)(2) who 
 obtained private counsel for such action or proceeding, the court may 
    award any such person who prevails in such action or proceeding 
  reasonable attorney fees, expert witness fees, and other litigation 
        expenses. (i) DEFINITION.In this section, the term 
  private employer includes a political 
subdivision of a State. (Added Pub. L. 103353, Sec. 2(a), Oct. 
 13, 1994, 108 Stat. 3165; amended Pub. L. 104275, title III, 
 Sec. 311(10), Oct. 9, 1996, 110 Stat. 3335; Pub. L. 105368, 
     title II, Sec. 211(a), Nov. 11, 1998, 112 Stat. 3329; Pub. L. 
110389, title III, Secs. 311(d)(1), (e)(1), (f)(3), 315, Oct. 
 10, 2008, 122 Stat. 41624164, 4167.) ' 4324. Enforcement of 
 rights with respect to Federal executive agencies (a)(1) A person who 
receives from the Secretary a notification pursuant to section 4322(e) 
   may request that the Secretary refer the complaint for litigation 
before the Merit Systems Protection Board. Not later than 60 days after 
  the date the Secretary receives such a request, the Secretary shall 
  refer the complaint to the Office of Special Counsel established by 
 section 1211 of title 5. (2)(A) If the Special Counsel is reasonably 
satisfied that the person on whose behalf a complaint is referred under 
paragraph (1) is entitled to the rights or benefits sought, the Special 
 Counsel (upon the request of the person submitting the complaint) may 
 appear on behalf of, and act as attorney for, the person and initiate 
an action regarding such complaint before the Merit Systems Protection 
 Board. (B) Not later than 60 days after the date the Special Counsel 
receives a referral under paragraph (1), the Special Counsel shall 
  (i) make a decision whether to represent a person before the Merit 
 Systems Protection Board under subparagraph (A); and (ii) notify such 
person in writing of such decision. (b) A person may submit a complaint 
     against a Federal executive agency or the Office of Personnel 
    Management under this sub-chapter directly to the Merit Systems 
Protection Board if that person (1) has chosen not to apply to the 
  Secretary for assistance under section 4322(a); (2) has received a 
 notification from the Secretary under section 4322(e); (3) has chosen 
not to be represented before the Board by the Special Counsel pursuant 
   to subsection (a)(2)(A); or (4) has received a notification of a 
decision from the Special Counsel under subsection (a)(2)(B) declining 
to initiate an action and represent the person before the Merit Systems 
   Protection Board. (c)(1) The Merit Systems Protection Board shall 
     adjudicate any complaint brought before the Board pursuant to 
subsection (a)(2)(A) or (b), without regard as to whether the complaint 
  accrued before, on, or after October 13, 1994. A person who seeks a 
   hearing or adjudication by submitting such a complaint under this 
    paragraph may be represented at such hearing or adjudication in 
  accordance with the rules of the Board. (2) If the Board determines 
 that a Federal executive agency or the Office of Personnel Management 
 has not complied with the provisions of this chapter relating to the 
 employment or reemployment of a person by the agency, the Board shall 
   enter an order requiring the agency or Office to comply with such 
   provisions and to compensate such person for any loss of wages or 
benefits suffered by such person by reason of such lack of compliance. 
 (3) Any compensation received by a person pursuant to an order under 
   paragraph (2) shall be in addition to any other right or benefit 
 provided for by this chapter and shall not diminish any such right or 
   benefit. (4) If the Board determines as a result of a hearing or 
 adjudication conducted pursuant to a complaint submitted by a person 
 directly to the Board pursuant to subsection (b) that such person is 
 entitled to an order referred to in paragraph (2), the Board may, in 
  its discretion, award such person reasonable attorney fees, expert 
witness fees, and other litigation expenses. (d)(1) A person adversely 
affected or aggrieved by a final order or decision of the Merit Systems 
 Protection Board under subsection (c) may petition the United States 
 Court of Appeals for the Federal Circuit to review the final order or 
  decision. Such petition and review shall be in accordance with the 
procedures set forth in section 7703 of title 5. (2) Such person may be 
 represented in the Federal Circuit proceeding by the Special Counsel 
unless the person was not represented by the Special Counsel before the 
Merit Systems Protection Board regarding such order or decision. (Added 
  Pub. L. 103353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3166; 
amended Pub. L. 104275, title III, Sec. 311(11), Oct. 9, 1996, 
 110 Stat. 3336; Pub. L. 105368, title II, Sec. 213(a), Nov. 
  11, 1998, 112 Stat. 3331; Pub. L. 110389, title III, Sec. 
       311(d)(2), (e)(2), Oct. 10, 2008, 122 Stat. 4163; Pub. L. 
   111275, title VII, Sec. 703(a), Oct. 13, 2010, 124 Stat. 
 2888.) ' 4325. Enforcement of rights with respect to certain Federal 
 agencies (a) This section applies to any person who alleges that 
    (1) the reemployment of such person by an agency referred to in 
 subsection (a) of section 4315 was not in accordance with procedures 
   for the reemployment of such person under subsection (b) of such 
section; or (2) the failure of such agency to reemploy the person under 
  such section was otherwise wrongful. (b) Any person referred to in 
subsection (a) may submit a claim relating to an allegation referred to 
in that subsection to the inspector general of the agency which is the 
subject of the allegation. The inspector general shall investigate and 
resolve the allegation pursuant to procedures prescribed by the head of 
  the agency. (c) In prescribing procedures for the investigation and 
 resolution of allegations under subsection (b), the head of an agency 
 shall ensure, to the maximum extent practicable, that the procedures 
     are similar to the procedures for investigating and resolving 
 complaints utilized by the Secretary under section 4322(d). (d) This 
section may not be construed (1) as prohibiting an employee of an 
agency referred to in subsection (a) from seeking information from the 
Secretary regarding assistance in seeking reemployment from the agency 
     under this chapter or information relating to the rights and 
 obligations of employees and Federal agencies under this chapter; or 
(2) as prohibiting such an agency from voluntarily cooperating with or 
  seeking assistance in or of clarification from the Secretary or the 
 Director of the Office of Personnel Management of any matter arising 
under this chapter. (Added Pub. L. 103353, Sec. 2(a), Oct. 13, 
1994, 108 Stat. 3167; amended Pub. L. 104275, title III, Sec. 
      311(12), Oct. 9, 1996, 110 Stat. 3336.) ' 4326. Conduct of 
 investigation; subpoenas (a) In carrying out any investigation under 
 this chapter, the Secretarys duly authorized representatives 
shall, at all reasonable times, have reasonable access to and the right 
to interview persons with information relevant to the investigation and 
 shall have reasonable access to, for purposes of examination, and the 
right to copy and receive, any documents of any person or employer that 
the Secretary considers relevant to the investigation. (b) In carrying 
out any investigation under this chapter, the Secretary may require by 
 subpoena the attendance and testimony of witnesses and the production 
  of documents relating to any matter under investigation. In case of 
    disobedience of the subpoena or contumacy and on request of the 
Secretary, the Attorney General may apply to any district court of the 
  United States in whose jurisdiction such disobedience or contumacy 
 occurs for an order enforcing the subpoena. (c) Upon application, the 
 district courts of the United States shall have jurisdiction to issue 
writs commanding any person or employer to comply with the subpoena of 
    the Secretary or to comply with any order of the Secretary made 
pursuant to a lawful investigation under this chapter and the district 
courts shall have jurisdiction to punish failure to obey a subpoena or 
    other lawful order of the Secretary as a contempt of court. (d) 
 Subsections (b) and (c) shall not apply to the legislative branch or 
       the judicial branch of the United States. (Added Pub. L. 
103353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. 
 L. 104275, title III, Sec. 311(13), Oct. 9, 1996, 110 Stat. 
   3336.) ' 4327. Noncompliance of Federal officials with deadlines; 
inapplicability of statutes of limitations (a) EFFECT OF NONCOMPLIANCE 
   OF FEDERAL OFFICIALS WITH DEADLINES.(1) The inability of the 
Secretary, the Attorney General, or the Special Counsel to comply with 
  a deadline applicable to such official under section 4322, 4323, or 
   4324 of this title (A) shall not affect the authority of the 
Attorney General or the Special Counsel to represent and file an action 
or submit a complaint on behalf of a person under section 4323 or 4324 
 of this title; (B) shall not affect the right of a person (i) to 
 commence an action under section 4323 of this title; (ii) to submit a 
complaint under section 4324 of this title; or (iii) to obtain any type 
   of assistance or relief authorized by this chapter; (C) shall not 
deprive a Federal court, the Merit Systems Protection Board, or a State 
court of jurisdiction over an action or complaint filed by the Attorney 
General, the Special Counsel, or a person under section 4323 or 4324 of 
this title; and (D) shall not constitute a defense, including a statute 
of limitations period, that any employer (including a State, a private 
  employer, or a Federal executive agency) or the Office of Personnel 
 Management may raise in an action filed by the Attorney General, the 
Special Counsel, or a person under section 4323 or 4324 of this title. 
 (2) If the Secretary, the Attorney General, or the Special Counsel is 
   unable to meet a deadline applicable to such official in section 
 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) of this 
 title, and the person agrees to an extension of time, the Secretary, 
the Attorney General, or the Special Counsel, as the case may be, shall 
   complete the required action within the additional period of time 
      agreed to by the person. (b) INAPPLICABILITY OF STATUTES OF 
LIMITATIONS.If any person seeks to file a complaint or claim with 
  the Secretary, the Merit Systems Protection Board, or a Federal or 
 State court under this chapter alleging a violation of this chapter, 
   there shall be no limit on the period for filing the complaint or 
claim. (Added Pub. L. 110389, title III, Sec. 311(f)(1), Oct. 
10, 2008, 122 Stat. 4163.) SUBCHAPTER IVMISCELLANEOUS PROVISIONS ' 
4331. Regulations (a) The Secretary (in consultation with the Secretary 
 of Defense) may prescribe regulations implementing the provisions of 
this chapter with regard to the application of this chapter to States, 
 local governments, and private employers. (b)(1) The Director of the 
Office of Personnel Management (in consultation with the Secretary and 
 the Secretary of Defense) may prescribe regulations implementing the 
   provisions of this chapter with regard to the application of this 
chapter to Federal executive agencies (other than the agencies referred 
to in paragraph (2)) as employers. Such regulations shall be consistent 
with the regulations pertaining to the States as employers and private 
employers, except that employees of the Federal Government may be given 
greater or additional rights. (2) The following entities may prescribe 
  regulations to carry out the activities of such entities under this 
  chapter: (A) The Merit Systems Protection Board. (B) The Office of 
       Special Counsel. (C) The agencies referred to in section 
  2302(a)(2)(C)(ii) of title 5. (Added Pub. L. 103353, Sec. 
 2(a), Oct. 13, 1994, 108 Stat. 3168; amended Pub. L. 109233, 
 title V, Sec. 503(14), June 15, 2006, 120 Stat. 417.) ' 4332. Reports 
    (a) ANNUAL REPORT BY SECRETARY.The Secretary shall, after 
consultation with the Attorney General and the Special Counsel referred 
 to in section 4324(a)(1), transmit to Congress not later than July 1 
 each year a report on matters for the fiscal year ending in the year 
before the year in which such report is transmitted as follows: (1) The 
number of cases reviewed by the Department of Labor under this chapter 
during the fiscal year for which the report is made. (2) The number of 
cases reviewed by the Secretary of Defense under the National Committee 
  for Employer Support of the Guard and Reserve of the Department of 
 Defense during the fiscal year for which the report is made. (3) The 
number of cases referred to the Attorney General or the Special Counsel 
pursuant to section 4323 or 4324, respectively, during such fiscal year 
 and the number of actions initiated by the Office of Special Counsel 
  before the Merit Systems Protection Board pursuant to section 4324 
  during such fiscal year. (4) The number of complaints filed by the 
Attorney General pursuant to section 4323 during such fiscal year. (5) 
  The number of cases reviewed by the Secretary and the Secretary of 
  Defense through the National Committee for Employer Support of the 
 Guard and Reserve of the Department of Defense that involve the same 
     person. (6) With respect to the cases reported on pursuant to 
  paragraphs (1), (2), (3), (4), and (5) (A) the number of such 
 cases that involve a disability-related issue; and (B) the number of 
     such cases that involve a person who has a service-connected 
disability. (7) The nature and status of each case reported on pursuant 
to paragraph (1), (2), (3), (4), or (5). (8) With respect to the cases 
  reported on pursuant to paragraphs (1), (2), (3), (4), and (5) the 
number of such cases that involve persons with different occupations or 
 persons seeking different occupations, as designated by the Standard 
Occupational Classification System. (9) An indication of whether there 
   are any apparent patterns of violation of the provisions of this 
chapter, together with an explanation thereof. (10) Recommendations for 
 administrative or legislative action that the Secretary, the Attorney 
 General, or the Special Counsel considers necessary for the effective 
  implementation of this chapter, including any action that could be 
   taken to encourage mediation, before claims are filed under this 
     chapter, between employers and persons seeking employment or 
   reemployment. (b) QUARTERLY REPORTS. (1) QUARTERLY REPORT BY 
  SECRETARY.Not later than 30 days after the end of each fiscal 
   quarter, the Secretary shall submit to Congress, the Secretary of 
Defense, the Attorney General, and the Special Counsel a report setting 
forth, for the previous full quarter, the following: (A) The number of 
cases for which the Secretary did not meet the requirements of section 
4322(f) of this title. (B) The number of cases for which the Secretary 
   received a request for a referral under paragraph (1) of section 
 4323(a) of this title but did not make such referral within the time 
  period required by such paragraph. (2) QUARTERLY REPORT BY ATTORNEY 
   GENERAL.Not later than 30 days after the end of each fiscal 
quarter, the Attorney General shall submit to Congress, the Secretary, 
  the Secretary of Defense, and the Special Counsel a report setting 
forth, for the previous full quarter, the number of cases for which the 
  Attorney General received a referral under paragraph (1) of section 
 4323(a) of this title but did not meet the requirements of paragraph 
 (2) of section 4323(a) of this title for such referral. (3) QUARTERLY 
REPORT BY SPECIAL COUNSEL.Not later than 30 days after the end of 
each fiscal quarter, the Special Counsel shall submit to Congress, the 
Secretary, the Secretary of Defense, and the Attorney General a report 
 setting forth, for the previous full quarter, the number of cases for 
 which the Special Counsel received a referral under paragraph (1) of 
  section 4324(a) of this title but did not meet the requirements of 
 paragraph (2)(B) of section 4324(a) of this title for such referral. 
(c) UNIFORM CATEGORIZATION OF DATA.The Secretary shall coordinate 
 with the Secretary of Defense, the Attorney General, and the Special 
Counsel to ensure that (1) the information in the reports required 
by this section is categorized in a uniform way; and (2) the Secretary, 
the Secretary of Defense, the Attorney General, and the Special Counsel 
   each have electronic access to the case files reviewed under this 
   chapter by the Secretary, the Secretary of Defense, the Attorney 
General, and the Special Counsel with due regard for the provisions of 
  section 552a of title 5. (Added Pub. L. 103353, Sec. 2(a), 
 Oct. 13, 1994, 108 Stat. 3168; amended Pub. L. 108454, title 
 II, Sec. 202, Dec. 10, 2004, 118 Stat. 3606; Pub. L. 110181, 
   div. A, title V, Sec. 595, Jan. 28, 2008, 122 Stat. 139; Pub. L. 
 110389, title III, Sec. 312(a) (d), Oct. 10, 2008, 
122 Stat. 4164, 4165.) ' 4333. Outreach The Secretary, the Secretary of 
Defense, and the Secretary of Veterans Affairs shall take such actions 
    as such Secretaries determine are appropriate to inform persons 
entitled to rights and benefits under this chapter and employers of the 
 rights, benefits, and obligations of such persons and such employers 
under this chapter. (Added Pub. L. 103353, Sec. 2(a), Oct. 13, 
    1994, 108 Stat. 3169.) ' 4334. Notice of rights and duties (a) 
   REQUIREMENT TO PROVIDE NOTICE.Each employer shall provide to 
persons entitled to rights and benefits under this chapter a notice of 
    the rights, benefits, and obligations of such persons and such 
  employers under this chapter. The requirement for the provision of 
notice under this section may be met by the posting of the notice where 
   employers customarily place notices for employees. (b) CONTENT OF 
 NOTICE.The Secretary shall provide to employers the text of the 
       notice to be provided under this section. (Added Pub. L. 
108454, title II, Sec. 203(a), Dec. 10, 2004, 118 Stat. 3606.) 
' 4335. Training for Federal executive agency human resources personnel 
  on employment and reemployment rights and limitations (a) TRAINING 
 REQUIRED.The head of each Federal executive agency shall provide 
   training for the human resources personnel of such agency on the 
following: (1) The rights, benefits, and obligations of members of the 
    uniformed services under this chapter. (2) The application and 
administration of the requirements of this chapter by such agency with 
 respect to such members. (b) CONSULTATION.The training provided 
 under subsection (a) shall be developed and provided in consultation 
     with the Director of the Office of Personnel Management. (c) 
FREQUENCY.The training under subsection (a) shall be provided with 
 such frequency as the Director of the Office of Personnel Management 
shall specify in order to ensure that the human resources personnel of 
Federal executive agencies are kept fully and currently informed of the 
    matters covered by the training. (d) HUMAN RESOURCES PERSONNEL 
  DEFINED.In this section, the term human resources 
personnel, in the case of a Federal executive agency, 
  means any personnel of the agency who are authorized to recommend, 
     take, or approve any personnel action that is subject to the 
 requirements of this chapter with respect to employees of the agency. 
(Added Pub. L. 110389, title III, Sec. 313(a), Oct. 10, 2008, 
122 Stat. 4166.) CHAPTER 51 OF TITLE 38, UNITED STATES CODE [As Amended 
      Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS PART IVGENERAL 
ADMINISTRATIVE PROVISIONS Chapter Sec. 51. Claims, Effective Dates, and 
Payments ........................ 5100 53. Special Provisions Relating 
to Benefits ........................ 5301 55. Minors, Incompetents, and 
Other Wards ...................... 5501 57. Records and Investigations 
   ............................................ 5701 59. Agents and 
 Attorneys ..................................................... 5901 
                  61. Penal and Forfeiture Provisions 
   .................................... 6101 63. Outreach Activities 
  ......................................................... 6301 733 
    CHAPTER 51CLAIMS, EFFECTIVE DATES, AND PAYMENTS SUBCHAPTER 
                 ICLAIMS Sec. 5100. Definition of 
 claimant. 5101. Claims and forms. 5102. 
   Application forms furnished upon request; notice to claimants of 
    incomplete applications. 5103. Notice to claimants of required 
    information and evidence.5103A. Duty to assist claimants. 5104. 
Decisions and notices of decisions. 5105. Joint applications for social 
security and dependency and indemnity compensation. 5106. Furnishing of 
information by other agencies.5107. Claimant responsibility; benefit of 
the doubt. 5108. Reopening disallowed claims. 5109. Independent medical 
    opinions. 5109A. Revision of decisions on grounds of clear and 
  unmistakable error. 5109B. Expedited treatment of remanded claims. 
  SUBCHAPTER IIEFFECTIVE DATES 5110. Effective dates of awards. 
   5111. Commencement of period of payment. 5112. Effective dates of 
 reductions and discontinuances. 5113. Effective dates of educational 
   benefits. SUBCHAPTER IIIPAYMENT OF BENEFITS 5120. Payment of 
  benefits; delivery. 5121. Payment of certain accrued benefits upon 
    death of a beneficiary. 5121A. Substitution in case of death of 
claimant. 5122. Cancellation of checks mailed to deceased payees. 5123. 
Rounding down of pension rates. 5124. Acceptance of claimants 
  statement as proof of relationship. 5125. Acceptance of reports of 
 private physician examinations. 5126. Benefits not to be denied based 
on lack of mailing address. SUBCHAPTER ICLAIMS ' 5100. Definition 
of claimant For purposes of this chapter, 
 the term claimant means any individual 
  applying for, or submitting a claim for, any benefit under the laws 
administered by the Secretary. (Added Pub. L. 106475, Sec. 2, 
Nov. 9, 2000, 114 Stat. 2096.) ' 5101. Claims and forms (a) A specific 
  claim in the form prescribed by the Secretary (or jointly with the 
Commissioner of Social Security, as prescribed by section 5105 of this 
 title) must be filed in order for benefits to be paid or furnished to 
 any individual under the laws administered by the Secretary. (b)(1) A 
claim by a surviving spouse or child for compensation or dependency and 
indemnity compensation shall also be considered to be a claim for death 
pension and accrued benefits, and a 735 claim by a surviving spouse or 
  child for death pension shall be considered to be a claim for death 
  compensation (or dependency and indemnity compensation) and accrued 
 benefits. (2) A claim by a parent for compensation or dependency and 
   indemnity compensation shall also be considered to be a claim for 
accrued benefits. (c)(1) Any person who applies for or is in receipt of 
  any compensation or pension benefit under laws administered by the 
 Secretary shall, if requested by the Secretary, furnish the Secretary 
with the social security number of such person and the social security 
 number of any dependent or beneficiary on whose behalf, or based upon 
   whom, such person applies for or is in receipt of such benefit. A 
person is not required to furnish the Secretary with a social security 
  number for any person to whom a social security number has not been 
assigned. (2) The Secretary shall deny the application of or terminate 
the payment of compensation or pension to a person who fails to furnish 
 the Secretary with a social security number required to be furnished 
    pursuant to paragraph (1) of this subsection. The Secretary may 
     thereafter reconsider the application or reinstate payment of 
 compensation or pension, as the case may be, if such person furnishes 
   the Secretary with such social security number. (3) The costs of 
administering this subsection shall be paid for from amounts available 
 to the Department of Veterans Affairs for the payment of compensation 
  and pension. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1225, 
  Sec. 3001; Pub. L. 97295, Sec. 4(95)(A), Oct. 12, 1982, 96 
 Stat. 1313; Pub. L. 99576, title VII, Sec. 701(61), Oct. 28, 
    1986, 100 Stat. 3296; Pub. L. 101508, title VIII, Sec. 
8053(a), Nov. 5, 1990, 104 Stat. 1388352; renumbered Sec. 5101 
 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), 
May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(1), 
   (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 
 108183, title VII, Sec. 708(c)(2), Dec. 16, 2003, 117 Stat. 
  2674.) ' 5102. Application forms furnished upon request; notice to 
  claimants of incomplete applications (a) FURNISHING FORMS.Upon 
 request made by any person claiming or applying for, or expressing an 
intent to claim or apply for, a benefit under the laws administered by 
  the Secretary, the Secretary shall furnish such person, free of all 
    expense, all instructions and forms necessary to apply for that 
   benefit. (b) INCOMPLETE APPLICATIONS.If a claimants 
application for a benefit under the laws administered by the Secretary 
    is incomplete, the Secretary shall notify the claimant and the 
claimants representative, if any, of the information necessary 
     to complete the application. (c) TIME LIMITATION.(1) If 
information that a claimant and the claimants representative, 
 if any, are notified under subsection (b) is necessary to complete an 
 application is not received by the Secretary within one year from the 
date such notice is sent, no benefit may be paid or furnished by reason 
 of the claimants application. (2) This subsection shall not 
    apply to any application or claim for Government life insurance 
benefits. (Added Pub. L. 106475, Sec. 3(a), Nov. 9, 2000, 114 
 Stat. 2096; amended Pub. L. 108183, title VII, Sec. 701(a), 
Dec. 16, 2003, 117 Stat. 2670.) ' 5103. Notice to claimants of required 
information and evidence (a) REQUIRED INFORMATION AND EVIDENCE.(1) 
 Upon receipt of a complete or substantially complete application, the 
    Secretary shall notify the claimant and the claimants 
  representative, if any, of any information, and any medical or lay 
evidence, not previously provided to the Secretary that is necessary to 
  substantiate the claim. As part of that notice, the Secretary shall 
indicate which portion of that information and evidence, if any, is to 
 be provided by the claimant and which portion, if any, the Secretary, 
in accordance with section 5103A of this title and any other applicable 
 provisions of law, will attempt to obtain on behalf of the claimant. 
   (2)(A) The Secretary shall prescribe in regulations requirements 
     relating to the contents of notice to be provided under this 
  subsection. (B) The regulations required by this paragraph (i) 
shall specify different contents for notice based on whether the claim 
concerned is an original claim, a claim for reopening a prior decision 
on a claim, or a claim for an increase in benefits; (ii) shall provide 
    that the contents for such notice be appropriate to the type of 
 benefits or services sought under the claim; (iii) shall specify for 
 each type of claim for benefits the general information and evidence 
required to substantiate the basic elements of such type of claim; and 
  (iv) shall specify the time period limitations required pursuant to 
subsection (b). (b) TIME LIMITATION.(1) In the case of information 
or evidence that the claimant is notified under subsection (a) is to be 
provided by the claimant, such information or evidence must be received 
by the Secretary within one year from the date such notice is sent. (2) 
    This subsection shall not apply to any application or claim for 
Government life insurance benefits. (3) Nothing in paragraph (1) shall 
  be construed to prohibit the Secretary from making a decision on a 
     claim before the expiration of the period referred to in that 
 subsection. (Added Pub. L. 106475, Sec. 3(a), Nov. 9, 2000, 
114 Stat. 2096; amended Pub. L. 10714, Sec. 8(a)(12), June 5, 
 2001, 115 Stat. 35; Pub. L. 108183, title VII, Sec. 701(b), 
 Dec. 16, 2003, 117 Stat. 2670; Pub. L. 110389, title I, Sec. 
    101(a), Oct. 10, 2008, 122 Stat. 4147.) ' 5103A. Duty to assist 
    claimants (a) DUTY TO ASSIST.(1) The Secretary shall make 
reasonable efforts to assist a claimant in obtaining evidence necessary 
to substantiate the claimants claim for a benefit under a law 
  administered by the Secretary. (2) The Secretary is not required to 
 provide assistance to a claimant under this section if no reasonable 
possibility exists that such assistance would aid in substantiating the 
  claim. (3) The Secretary may defer providing assistance under this 
section pending the submission by the claimant of essential information 
  missing from the claimants application. (b) ASSISTANCE IN 
  OBTAINING RECORDS.(1) As part of the assistance provided under 
 subsection (a), the Secretary shall make reasonable efforts to obtain 
    relevant records (including private records) that the claimant 
adequately identifies to the Secretary and authorizes the Secretary to 
   obtain. (2) Whenever the Secretary, after making such reasonable 
 efforts, is unable to obtain all of the relevant records sought, the 
  Secretary shall notify the claimant that the Secretary is unable to 
     obtain records with respect to the claim. Such a notification 
shall (A) identify the records the Secretary is unable to obtain; 
(B) briefly explain the efforts that the Secretary made to obtain those 
    records; and (C) describe any further action to be taken by the 
    Secretary with respect to the claim. (3) Whenever the Secretary 
 attempts to obtain records from a Federal department or agency under 
this subsection or subsection (c), the efforts to obtain those records 
 shall continue until the records are obtained unless it is reasonably 
   certain that such records do not exist or that further efforts to 
    obtain those records would be futile. (c) OBTAINING RECORDS FOR 
    COMPENSATION CLAIMS.In the case of a claim for disability 
compensation, the assistance provided by the Secretary under subsection 
 (b) shall include obtaining the following records if relevant to the 
 claim: (1) The claimants service medical records and, if the 
 claimant has furnished the Secretary information sufficient to locate 
        such records, other relevant records pertaining to the 
claimants active military, naval, or air service that are held 
or maintained by a governmental entity. (2) Records of relevant medical 
  treatment or examination of the claimant at Department health-care 
    facilities or at the expense of the Department, if the claimant 
furnishes information sufficient to locate those records. (3) Any other 
  relevant records held by any Federal department or agency that the 
claimant adequately identifies and authorizes the Secretary to obtain. 
 (d) MEDICAL EXAMINATIONS FOR COMPENSATION CLAIMS.(1) In the case 
of a claim for disability compensation, the assistance provided by the 
   Secretary under subsection (a) shall include providing a medical 
examination or obtaining a medical opinion when such an examination or 
opinion is necessary to make a decision on the claim. (2) The Secretary 
  shall treat an examination or opinion as being necessary to make a 
 decision on a claim for purposes of paragraph (1) if the evidence of 
record before the Secretary, taking into consideration all information 
and lay or medical evidence (including statements of the claimant) 
    (A) contains competent evidence that the claimant has a current 
disability, or persistent or recurrent symptoms of disability; and (B) 
 indicates that the disability or symptoms may be associated with the 
claimants active military, naval, or air service; but (C) does 
  not contain sufficient medical evidence for the Secretary to make a 
    decision on the claim. (e) REGULATIONS.The Secretary shall 
prescribe regulations to carry out this section. (f) RULE WITH RESPECT 
TO DISALLOWED CLAIMS.Nothing in this section shall be construed to 
require the Secretary to reopen a claim that has been disallowed except 
when new and material evidence is presented or secured, as described in 
         section 5108 of this title. (g) OTHER ASSISTANCE NOT 
PRECLUDED.Nothing in this section shall be construed as precluding 
the Secretary from providing such other assistance under subsection (a) 
  to a claimant in substantiating a claim as the Secretary considers 
 appropriate. (Added Pub. L. 106475, Sec. 3(a), Nov. 9, 2000, 
114 Stat. 2097.) ' 5104. Decisions and notices of decisions (a) In the 
  case of a decision by the Secretary under section 511 of this title 
affecting the provision of benefits to a claimant, the Secretary shall, 
        on a timely basis, provide to the claimant (and to the 
claimants representative) notice of such decision. The notice 
 shall include an explanation of the procedure for obtaining review of 
  the decision. (b) In any case where the Secretary denies a benefit 
sought, the notice required by subsection (a) shall also include (1) a 
  statement of the reasons for the decision, and (2) a summary of the 
 evidence considered by the Secretary. (Added Pub. L. 101237, 
  title I, Sec. 115(a)(1), Dec. 18, 1989, 103 Stat. 2065, Sec. 3004; 
renumbered Sec. 5104, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; amended Pub. L. 10254, Sec. 
14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L. 103446, title 
  XII, Sec. 1201(d)(15), Nov. 2, 1994, 108 Stat. 4684.) ' 5105. Joint 
     applications for social security and dependency and indemnity 
compensation (a) The Secretary and the Commissioner of Social Security 
   shall jointly prescribe forms for use by survivors of members and 
  former members of the uniformed services in filing application for 
  benefits under chapter 13 of this title and title II of the Social 
  Security Act (42 U.S.C. 401 et seq.). Each such form shall request 
information sufficient to constitute an application for benefits under 
 both chapter 13 of this title and title II of the Social Security Act 
  (42 U.S.C. 401 et seq.). (b) When an application on such a form is 
filed with either the Secretary or the Commissioner of Social Security, 
it shall be deemed to be an application for benefits under both chapter 
13 of this title and title II of the Social Security Act (42 U.S.C. 401 
    et seq.). A copy of each such application filed with either the 
Secretary or the Commissioner, together with any additional information 
  and supporting documents (or certifications thereof) which may have 
     been received by the Secretary or the Commissioner with such 
     application, and which may be needed by the other official in 
  connection therewith, shall be transmitted by the Secretary or the 
   Commissioner receiving the application to the other official. The 
preceding sentence shall not prevent the Secretary and the Commissioner 
    of Social Security from requesting the applicant, or any other 
individual, to furnish such additional information as may be necessary 
  for purposes of chapter 13 of this title and title II of the Social 
     Security Act (42 U.S.C. 401 et seq.), respectively. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1226, Sec. 3005; Pub. L. 
 97295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 
98160, title VII, Sec. 702(16), Nov. 21, 1983, 97 Stat. 1010; 
renumbered Sec. 5105, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(b)(9), Aug. 
6, 1991, 105 Stat. 405; Pub. L. 103296, title I, Sec. 108(k), 
 Aug. 15, 1994, 108 Stat. 1488.) ' 5106. Furnishing of information by 
   other agencies The head of any Federal department or agency shall 
provide such information to the Secretary as the Secretary may request 
 for purposes of determining eligibility for or amount of benefits, or 
verifying other information with respect thereto. The cost of providing 
 information to the Secretary under this section shall be borne by the 
    department or agency providing the information. (Added Pub. L. 
 94432, title IV, Sec. 403(2), Sept. 30, 1976, 90 Stat. 1372, 
  Sec. 3006; amended Pub. L. 99576, title VII, Sec. 701(62), 
     Oct. 28, 1986, 100 Stat. 3296; renumbered Sec. 5106, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
  404, 405; Pub. L. 106475, Sec. 5, Nov. 9, 2000, 114 Stat. 
   2099.) ' 5107. Claimant responsibility; benefit of the doubt (a) 
  CLAIMANT RESPONSIBILITY.Except as otherwise provided by law, a 
  claimant has the responsibility to present and support a claim for 
 benefits under laws administered by the Secretary. (b) BENEFIT OF THE 
  DOUBT.The Secretary shall consider all information and lay and 
medical evidence of record in a case before the Secretary with respect 
to benefits under laws administered by the Secretary. When there is an 
  approximate balance of positive and negative evidence regarding any 
 issue material to the determination of a matter, the Secretary shall 
     give the benefit of the doubt to the claimant. (Added Pub. L. 
 100687, div. A, title I, Sec. 103(a)(1), Nov. 18, 1988, 102 
    Stat. 4106, Sec. 3007; renumbered Sec. 5107 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(1), (3), (4), (b)(1), 
       (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 
 106398, Sec. 1 ((div. A), title XVI, Sec. 1611(a)), Oct. 30, 
2000, 114 Stat. 1654, 1654A-359; Pub. L. 106419, title I, Sec. 
104(c)(2), Nov. 1, 2000, 114 Stat. 1828; Pub. L. 106475, Sec. 
 4, Nov. 9, 2000, 114 Stat. 2098.) ' 5108. Reopening disallowed claims 
If new and material evidence is presented or secured with respect to a 
 claim which has been disallowed, the Secretary shall reopen the claim 
    and review the former disposition of the claim. (Added Pub. L. 
 100687, div. A, title I, Sec. 103(a)(1), Nov. 18, 1988, 102 
 Stat. 4107, Sec. 3008; renumbered Sec. 5108, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 
405.) ' 5109. Independent medical opinions (a) When, in the judgment of 
 the Secretary, expert medical opinion, in addition to that available 
   within the Department, is warranted by the medical complexity or 
controversy involved in a case being considered by the Department, the 
   Secretary may secure an advisory medical opinion from one or more 
 independent medical experts who are not employees of the Department. 
  (b) The Secretary shall make necessary arrangements with recognized 
  medical schools, universities, or clinics to furnish such advisory 
 medical opinions. Any such arrangement shall provide that the actual 
 selection of the expert or experts to give the advisory opinion in an 
   individual case shall be made by an appropriate official of such 
  institution. (c) The Secretary shall furnish a claimant with notice 
that an advisory medical opinion has been requested under this section 
   with respect to the claimants case and shall furnish the 
    claimant with a copy of such opinion when it is received by the 
   Secretary. (Added Pub. L. 100687, div. A, title I, Sec. 
 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, Sec. 3009; renumbered Sec. 
 5109, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 
   105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
    (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 5109A. Revision of 
decisions on grounds of clear and unmistakable error (a) A decision by 
the Secretary under this chapter is subject to revision on the grounds 
of clear and unmistakable error. If evidence establishes the error, the 
 prior decision shall be reversed or revised. (b) For the purposes of 
  authorizing benefits, a rating or other adjudicative decision that 
 constitutes a reversal or revision of a prior decision on the grounds 
of clear and unmistakable error has the same effect as if the decision 
    had been made on the date of the prior decision. (c) Review to 
determine whether clear and unmistakable error exists in a case may be 
 instituted by the Secretary on the Secretarys own motion or 
upon request of the claimant. (d) A request for revision of a decision 
 of the Secretary based on clear and unmistakable error may be made at 
   any time after that decision is made. (e) Such a request shall be 
 submitted to the Secretary and shall be decided in the same manner as 
any other claim. (Added Pub. L. 105111, Sec. 1(a)(1), Nov. 21, 
1997, 111 Stat. 2271.) ' 5109B. Expedited treatment of remanded claims 
 The Secretary shall take such actions as may be necessary to provide 
for the expeditious treatment by the appropriate regional office of the 
  Veterans Benefits Administration of any claim that is remanded to a 
regional office of the Veterans Benefits Administration by the Board of 
 Veterans Appeals. (Added Pub. L. 108183, title VII, 
      Sec. 707(a)(1), Dec. 16, 2003, 117 Stat. 2672.) SUBCHAPTER 
  IIEFFECTIVE DATES ' 5110. Effective dates of awards (a) Unless 
specifically provided otherwise in this chapter, the effective date of 
   an award based on an original claim, a claim reopened after final 
adjudication, or a claim for increase, of compensation, dependency and 
 indemnity compensation, or pension, shall be fixed in accordance with 
 the facts found, but shall not be earlier than the date of receipt of 
    application therefor. (b)(1) The effective date of an award of 
  disability compensation to a veteran shall be the day following the 
   date of the veterans discharge or release if application 
  therefor is received within one year from such date of discharge or 
 release. (2) The effective date of an award of increased compensation 
  shall be the earliest date as of which it is ascertainable that an 
increase in disability had occurred, if application is received within 
   one year from such date. (3)(A) The effective date of an award of 
 disability pension to a veteran described in subparagraph (B) of this 
  paragraph shall be the date of application or the date on which the 
veteran became permanently and totally disabled, if the veteran applies 
for a retroactive award within one year from such date, whichever is to 
the advantage of the veteran. (B) A veteran referred to in subparagraph 
   (A) of this paragraph is a veteran who is permanently and totally 
    disabled and who is prevented by a disability from applying for 
 disability pension for a period of at least 30 days beginning on the 
date on which the veteran became permanently and totally disabled. (c) 
The effective date of an award of disability compensation by reason of 
section 1151 of this title shall be the date such injury or aggravation 
  was suffered if an application therefor is received within one year 
      from such date. (d) The effective date of an award of death 
 compensation, dependency and indemnity compensation, or death pension 
  for which application is received within one year from the date of 
death shall be the first day of the month in which the death occurred. 
  (e)(1) Except as provided in paragraph (2) of this subsection, the 
effective date of an award of dependency and indemnity compensation to 
       a child shall be the first day of the month in which the 
 childs entitlement arose if application therefor is received 
   within one year from such date. (2) In the case of a child who is 
   eighteen years of age or over and who immediately before becoming 
 eighteen years of age was counted under section 1311(b) of this title 
in determining the amount of the dependency and indemnity compensation 
of a surviving spouse, the effective date of an award of dependency and 
   indemnity compensation to such child shall be the date the child 
 attains the age of eighteen years if application therefor is received 
within one year from such date. (f) An award of additional compensation 
  on account of dependents based on the establishment of a disability 
 rating in the percentage evaluation specified by law for the purpose 
 shall be payable from the effective date of such rating; but only if 
   proof of dependents is received within one year from the date of 
 notification of such rating action. (g) Subject to the provisions of 
    section 5101 of this title, where compensation, dependency and 
indemnity compensation, or pension is awarded or increased pursuant to 
 any Act or administrative issue, the effective date of such award or 
 increase shall be fixed in accordance with the facts found but shall 
  not be earlier than the effective date of the Act or administrative 
issue. In no event shall such award or increase be retroactive for more 
  than one year from the date of application therefor or the date of 
administrative determination of entitlement, whichever is earlier. (h) 
Where an award of pension has been deferred or pension has been awarded 
at a rate based on anticipated income for a year and the claimant later 
    establishes that income for that year was at a rate warranting 
   entitlement or increased entitlement, the effective date of such 
  entitlement or increase shall be fixed in accordance with the facts 
found if satisfactory evidence is received before the expiration of the 
 next calendar year. (i) Whenever any disallowed claim is reopened and 
thereafter allowed on the basis of new and material evidence resulting 
   from the correction of the military records of the proper service 
 department under section 1552 of title 10, or the change, correction, 
or modification of a discharge or dismissal under section 1553 of title 
    10, or from other corrective action by competent authority, the 
effective date of commencement of the benefits so awarded shall be the 
 date on which an application was filed for correction of the military 
record or for the change, modification, or correction of a discharge or 
 dismissal, as the case may be, or the date such disallowed claim was 
filed, whichever date is the later, but in no event shall such award of 
    benefits be retroactive for more than one year from the date of 
reopening of such disallowed claim. This subsection shall not apply to 
 any application or claim for Government life insurance benefits. (j) 
   Where a report or a finding of death of any person in the active 
    military, naval, or air service has been made by the Secretary 
   concerned, the effective date of an award of death compensation, 
dependency and indemnity compensation, or death pension, as applicable, 
  shall be the first day of the month fixed by that Secretary as the 
 month of death in such report or finding, if application therefor is 
received within one year from the date such report or finding has been 
made; however, such benefits shall not be payable to any person for any 
period for which such person has received, or was entitled to receive, 
   an allowance, allotment, or service pay of the deceased. (k) The 
effective date of the award of benefits to a surviving spouse or of an 
  award or increase of benefits based on recognition of a child, upon 
   annulment of a marriage shall be the date the judicial decree of 
 annulment becomes final if a claim therefor is filed within one year 
 from the date the judicial decree of annulment becomes final; in all 
 other cases the effective date shall be the date the claim is filed. 
 (l) The effective date of an award of benefits to a surviving spouse 
based upon a termination of a remarriage by death or divorce, or of an 
  award or increase of benefits based on recognition of a child upon 
termination of the childs marriage by death or divorce, shall 
be the date of death or the date the judicial decree or divorce becomes 
final, if an application therefor is received within one year from such 
 termination. x(m) Repealed. Pub. L. 103446, title XII, Sec. 
 1201(i)(8), Nov. 2, 1994, 108 Stat. 4688. (n) The effective 
 date of the award of any benefit or any increase therein by reason of 
marriage or the birth or adoption of a child shall be the date of such 
 event if proof of such event is received by the Secretary within one 
   year from the date of the marriage, birth, or adoption. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1226, Sec. 3010; Pub. L. 
     87674, Sec. 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 
     87825, Sec. 1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 
     91376, Sec. 7, Aug. 12, 1970, 84 Stat. 790; Pub. L. 
    91584, Sec. 13, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 
    93177, Sec. 6(a), Dec. 6, 1973, 87 Stat. 696; Pub. L. 
   93527, Sec. 9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 
 9471, title I, Sec. 104, Aug. 5, 1975, 89 Stat. 396; Pub. L. 
  9766, title II, Sec. 204(b), Oct. 17, 1981, 95 Stat. 1029; 
Pub. L. 98160, title VII, Sec. 703(1), Nov. 21, 1983, 97 Stat. 
 1010; Pub. L. 98223, title II, Sec. 213(3), Mar. 2, 1984, 98 
 Stat. 46; Pub. L. 98369, div. B, title V, Sec. 2501(a), July 
   18, 1984, 98 Stat. 1116; Pub. L. 99576, title VII, Sec. 
   701(63), Oct. 28, 1986, 100 Stat. 3296; renumbered Sec. 5110 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
       7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
 4(a)(2)(A)(vi), (b)(4)(B), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 405, 
  406; Pub. L. 103 446, title XII, Sec. 1201(i)(8), Nov. 2, 
  1994, 108 Stat. 4688; Pub. L. 108454, title III, Sec. 305, 
   Dec. 10, 2004, 118 Stat. 3611.) ' 5111. Commencement of period of 
  payment (a) Notwithstanding section 5110 of this title or any other 
   provision of law and except as provided in subsection (c) of this 
section, payment of monetary benefits based on an award or an increased 
   award of compensation, dependency and indemnity compensation, or 
  pension may not be made to an individual for any period before the 
first day of the calendar month following the month in which the award 
 or increased award became effective as provided under section 5110 of 
this title or such other provision of law. (b)(1) Except as provided in 
    paragraph (2) of this subsection, during the period between the 
effective date of an award or increased award as provided under section 
 5110 of this title or other provision of law and the commencement of 
the period of payment based on such award as provided under subsection 
    (a) of this section, an individual entitled to receive monetary 
  benefits shall be deemed to be in receipt of such benefits for the 
 purpose of all laws administered by the Secretary. (2) If any person 
 who is in receipt of retired or retirement pay would also be eligible 
to receive compensation or pension upon the filing of a waiver of such 
 pay in accordance with section 5305 of this title, such waiver shall 
  not become effective until the first day of the month following the 
month in which such waiver is filed, and nothing in this section shall 
prohibit the receipt of retired or retirement pay for any period before 
 such effective date. (c)(1) This section shall apply to payments made 
 pursuant to section 5310 of this title only if the monthly amount of 
    dependency and indemnity compensation or pension payable to the 
surviving spouse is greater than the amount of compensation or pension 
the veteran would have received, but for such veterans death, 
 for the month in which such veterans death occurred. (2) In 
the case of a temporary increase in compensation for hospitalization or 
    treatment where such hospitalization or treatment commences and 
terminates within the same calendar month, the period of payment shall 
 commence on the first day of such month. (d) For the purposes of this 
           section, the term award or increased 
 award means (1) an original or reopened award; 
   or (2) an award that is increased because of an added dependent, 
 increase in disability or disability rating, or reduction in income. 
(Added Pub. L. 97253, title IV, Sec. 401(a)(1), Sept. 8, 1982, 
96 Stat. 801, Sec. 3011; amended Pub. L. 98223, title I, Sec. 
 113, Mar. 2, 1984, 98 Stat. 40; renumbered Sec. 5111 and amended Pub. 
 L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(1), Aug. 6, 1991, 105 
  Stat. 403; Pub. L. 111275, title VI, Sec. 605(a), Oct. 13, 
   2010, 124 Stat. 2885.) ' 5112. Effective dates of reductions and 
discontinuances (a) Except as otherwise specified in this section, the 
    effective date of reduction or discontinuance of compensation, 
  dependency and indemnity compensation, or pension shall be fixed in 
accordance with the facts found. (b) The effective date of a reduction 
      or discontinuance of compensation, dependency and indemnity 
compensation, or pension (1) by reason of marriage or remarriage, 
  or death of a payee shall be the last day of the month before such 
   marriage, remarriage, or death occurs; (2) by reason of marriage, 
  annulment, divorce, or death of a dependent of a payee shall be the 
 last day of the month in which such marriage, annulment, divorce, or 
    death occurs; (3) by reason of receipt of active service pay or 
retirement pay shall be the day before the date such pay began; (4) by 
   reason of (A) change in income shall (except as provided in 
 section 5312 of this title) be the last day of the month in which the 
 change occurred; and (B) change in corpus of estate shall be the last 
day of the calendar year in which the change occurred; (5) by reason of 
  a change in disability or employability of a veteran in receipt of 
 pension shall be the last day of the month in which discontinuance of 
the award is approved; (6) by reason of change in law or administrative 
 issue, change in interpretation of a law or administrative issue, or, 
      for compensation purposes, a change in service-connected or 
employability status or change in physical condition shall be the last 
 day of the month following sixty days from the date of notice to the 
payee (at the payees last address of record) of the reduction 
   or discontinuance; (7) by reason of the discontinuance of school 
 attendance of a payee or a dependent of a payee shall be the last day 
 of the month in which such discontinuance occurred; (8) by reason of 
termination of a temporary increase in compensation for hospitalization 
 or treatment shall be the last day of the month in which the hospital 
 discharge or termination of treatment occurred, whichever is earlier; 
 (9) by reason of an erroneous award based on an act of commission or 
    omission by the beneficiary, or with the beneficiarys 
knowledge, shall be the effective date of the award; and (10) by reason 
of an erroneous award based solely on administrative error or error in 
 judgment shall be the date of last payment. (Pub. L. 85857, 
 Sept. 2, 1958, 72 Stat. 1227, Sec. 3012; Pub. L. 87825, Sec. 
2, Oct. 15, 1962, 76 Stat. 949; Pub. L. 89730, Sec. 3, Nov. 2, 
1966, 80 Stat. 1159; Pub. L. 90275, Sec. 5, Mar. 28, 1968, 82 
Stat. 68; Pub. L. 92198, Sec. 3, Dec. 15, 1971, 85 Stat. 664; 
 Pub. L. 94433, title IV, Sec. 402, Sept. 30, 1976, 90 Stat. 
  1378; Pub. L. 95588, title III, Sec. 303, Nov. 4, 1978, 92 
  Stat. 2506; Pub. L. 97253, title IV, Sec. 402(a), Sept. 8, 
 1982, 96 Stat. 802; Pub. L. 99576, title V, Sec. 503, title 
VII, Sec. 701(64), Oct. 28, 1986, 100 Stat. 3286, 3296; renumbered Sec. 
  5112 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
(d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 107103, title 
 II, Sec. 204(b)(2), Dec. 27, 2001, 115 Stat. 990.) ' 5113. Effective 
dates of educational benefits (a) Except as provided in subsections (b) 
and (c), effective dates relating to awards under chapters 30, 31, 32, 
   34, and 35 of this title or chapter 106 of title 10 shall, to the 
 extent feasible, correspond to effective dates relating to awards of 
disability compensation. (b)(1) When determining the effective date of 
an award under chapter 35 of this title for an individual described in 
 paragraph (2) based on an original claim, the Secretary may consider 
   the individuals application as having been filed on the 
  eligibility date of the individual if that eligibility date is more 
 than one year before the date of the initial rating decision. (2) An 
individual referred to in paragraph (1) is an eligible person who 
 (A) submits to the Secretary an original application for educational 
 assistance under chapter 35 of this title within one year of the date 
     that the Secretary makes the rating decision; (B) claims such 
educational assistance for pursuit of an approved program of education 
  during a period preceding the one-year period ending on the date on 
which the application was received by the Secretary; and (C) would have 
been entitled to such educational assistance for such course pursuit if 
        the individual had submitted such an application on the 
individuals eligibility date. (3) In this subsection: (A) The 
 term eligibility date means the date on 
     which an individual becomes an eligible person. (B) The term 
  eligible person has the meaning given 
    that term under subparagraphs (A), (B), (D), and (E) of section 
   3501(a)(1) of this title. (C) The term initial rating 
 decision means with respect to an eligible person a 
decision made by the Secretary that establishes (i) service connection 
 for the death of the person from whom such eligibility is derived or 
(ii) the existence of the service-connected total disability permanent 
  in nature (or, in the case of a person made eligible under section 
  3501(a)(1)(E), the total disability permanent in nature incurred or 
 aggravated in the line of duty in the active military, naval, or air 
 service) of the person from whom such eligibility is derived, as the 
case may be. (c) The effective date of an adjustment of benefits under 
 any chapter referred to in subsection (a) of this section, if made on 
the basis of a certification made by the veteran or person and accepted 
by the Secretary under section 3680(g) of this title, shall be the date 
 of the change. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1227, 
 Sec. 3013; Pub. L. 89358, Sec. 4(p), Mar. 3, 1966, 80 Stat. 
25; Pub. L. 99576, title III, Sec. 321(10), Oct. 28, 1986, 100 
Stat. 3278; Pub. L. 100322, title III, Sec. 323, May 20, 1988, 
  102 Stat. 536; Pub.L. 101237, title IV, Sec. 419, Dec. 18, 
 1989, 103 Stat. 2087; Pub. L. 10216, Sec. 10(a)(9), Mar. 22, 
1991, 105 Stat. 56; renumbered Sec. 5113, Pub. L. 10240, title 
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, 
  Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106419, 
      title I, Sec. 113(a), Nov. 1, 2000, 114 Stat. 1832; Pub. L. 
 109444, Sec. 3(c)(2), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 
109461, title III, Sec. 301(c)(2), title X, Sec. 1006(b), Dec. 
22, 2006, 120 Stat. 3427, 3468.) SUBCHAPTER IIIPAYMENT OF BENEFITS 
' 5120. Payment of benefits; delivery (a) Monetary benefits under laws 
 administered by the Secretary shall be paid by checks drawn, pursuant 
   to certification by the Secretary, in such form as to protect the 
United States against loss, and payable by the Treasurer of the United 
   States. Such checks shall be payable without separate vouchers or 
   receipts except in any case in which the Secretary may consider a 
  voucher necessary for the protection of the Government. Such checks 
       shall be transmitted by mail to the payee thereof at the 
  payees last known address and, if the payee has moved and 
filed a regular change of address notice with the United States Postal 
Service, shall be forwarded to the payee. The envelope or cover of each 
   such checks shall bear on the face thereof the following notice: 
POSTMASTER: PLEASE FORWARD if addressee has moved and filed 
 a regular change-of-address notice. If addressee is deceased, return 
    the letter with date of death, if known. (b) 
  Postmasters, delivery clerks, letter carriers, and all other postal 
  employees are prohibited from delivering any mail addressed by the 
United States and containing any such check to any person whomsoever if 
   such person has died or in the case of a surviving spouse, if the 
   postal employee believes that the surviving spouse has remarried 
 (unless the mail is addressed to the surviving spouse in the name the 
    surviving spouse has acquired by the remarriage). The preceding 
sentence shall apply in the case of checks in payment of benefits other 
than pension, compensation, dependency and indemnity compensation, and 
insurance, only insofar as the Secretary deems it necessary to protect 
  the United States against loss. (c) Whenever mail is not delivered 
   because of the prohibition of subsection (b), such mail shall be 
returned forthwith by the postmaster with a statement of the reason for 
 so doing, and if because of death or remarriage, the date thereof, if 
   known. Checks returned under this subsection because of death or 
  remarriage shall be canceled. (d) Notwithstanding subsection (a) of 
   this section, pursuant to an agreement with the Department of the 
Treasury under which the Secretary certifies such benefits for payment, 
monetary benefits under laws administered by the Secretary may be paid 
other than by check upon the written request of the person to whom such 
benefits are to be paid, if such noncheck payment is determined by the 
Secretary to be in the best interest of such payees and the management 
of monetary benefits programs by the Department. (e) Whenever the first 
day of any calendar month falls on a Saturday, Sunday, or legal public 
 holiday (as defined in section 6103 of title 5), the Secretary shall, 
 to the maximum extent practicable, certify benefit payments for such 
 month in such a way that such payments will be delivered by mail, or 
   transmitted for credit to the payees account pursuant to 
  subsection (d) of this section, on the Friday immediately preceding 
such Saturday or Sunday, or in the case of a legal holiday, the weekday 
(other than Saturday) immediately preceding such legal public holiday, 
notwithstanding that such delivery or transmission of such payments is 
  made in the same calendar month for which such payments are issued. 
  (f)(1) In the case of a payee who does not have a mailing address, 
payments of monetary benefits under laws administered by the Secretary 
 shall be delivered under an appropriate method prescribed pursuant to 
paragraph (2) of this subsection. (2) The Secretary shall prescribe an 
appropriate method or methods for the delivery of payments of monetary 
benefits under laws administered by the Secretary in cases described in 
 paragraph (1) of this subsection. To the maximum extent practicable, 
  such method or methods shall be designed to ensure the delivery of 
  payments in such cases. (Pub. L. 85857, Sept. 2, 1958, 72 
 Stat. 1227, Sec. 3020; Pub. L. 95117, title IV, Sec. 402(a), 
(b)(1), Oct. 3, 1977, 91 Stat. 1065, 1066; Pub. L. 97295, Sec. 
4(73), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 99570, title XI, 
 Sec. 11007(a)(2), Oct. 27, 1986, 100 Stat. 3207170; Pub. L. 
99576, title VII, Sec. 701(65), Oct. 28, 1986, 100 Stat. 3296; 
renumbered Sec. 5120, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(1), (3), 
(4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.) ' 5121. 
  Payment of certain accrued benefits upon death of a beneficiary (a) 
  Except as provided in sections 3329 and 3330 of title 31, periodic 
   monetary benefits (other than insurance and servicemens 
    indemnity) under laws administered by the Secretary to which an 
individual was entitled at death under existing ratings or decisions or 
 those based on evidence in the file at date of death (hereinafter in 
      this section and section 5122 of this title referred to as 
  accrued benefits) and due and unpaid, 
 shall, upon the death of such individual be paid as follows: (1) Upon 
   the death of a person receiving an apportioned share of benefits 
 payable to a veteran, all or any part of such benefits to the veteran 
   or to any other dependent or dependents of the veteran, as may be 
 determined by the Secretary. (2) Upon the death of a veteran, to the 
living person first listed below: (A) The veterans spouse. (B) 
       The veterans children (in equal shares). (C) The 
  veterans dependent parents (in equal shares). (3) Upon the 
   death of a surviving spouse or remarried surviving spouse, to the 
children of the deceased veteran. (4) Upon the death of a child, to the 
      surviving children of the veteran who are entitled to death 
compensation, dependency and indemnity compensation, or death pension. 
  (5) Upon the death of a child claiming benefits under chapter 18 of 
 this title, to the surviving parents. (6) In all other cases, only so 
    much of the accrued benefits may be paid as may be necessary to 
reimburse the person who bore the expense of last sickness and burial. 
  (b) No part of any accrued benefits shall be used to reimburse any 
political subdivision of the United States for expenses incurred in the 
   last sickness or burial of any beneficiary. (c) Applications for 
accrued benefits must be filed within one year after the date of death. 
  If a claimants application is incomplete at the time it is 
 originally submitted, the Secretary shall notify the claimant of the 
evidence necessary to complete the application. If such evidence is not 
received within one year from the date of such notification, no accrued 
benefits may be paid. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
1228, Sec. 3021; Pub. L. 92328, title I, Sec. 105(b), June 30, 
  1972, 86 Stat. 395; Pub. L. 97258, Sec. 3(k)(4), Sept. 13, 
 1982, 96 Stat. 1065; Pub. L. 98160, title VII, Sec. 703(1), 
 Nov. 21, 1983, 97 Stat. 1010; Pub. L. 99576, title VII, Sec. 
   701(66), Oct. 28, 1986, 100 Stat. 3296; renumbered Sec. 5121 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
  7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(1), 
   (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 
104275, title V, Sec. 507, Oct. 9, 1996, 110 Stat. 3343; Pub. 
 L. 10714, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 
 108183, title I, Sec. 104(a)(c), Dec. 16, 2003, 117 
  Stat. 2656.) ' 5121A. Substitution in case of death of claimant (a) 
SUBSTITUTION.(1) If a claimant dies while a claim for any benefit 
 under a law administered by the Secretary, or an appeal of a decision 
with respect to such a claim, is pending, a living person who would be 
eligible to receive accrued benefits due to the claimant under section 
 5121(a) of this title may, not later than one year after the date of 
  the death of such claimant, file a request to be substituted as the 
 claimant for the purposes of processing the claim to completion. (2) 
  Any person seeking to be substituted for the claimant shall present 
    evidence of the right to claim such status within such time as 
prescribed by the Secretary in regulations. (3) Substitution under this 
    subsection shall be in accordance with such regulations as the 
Secretary may prescribe. (b) LIMITATION.Those who are eligible to 
make a claim under this section shall be determined in accordance with 
 section 5121 of this title. (Added Pub. L. 110389, title II, 
 Sec. 212(a), Oct. 10, 2008, 122 Stat. 4151.) ' 5122. Cancellation of 
checks mailed to deceased payees A check received by a payee in payment 
 of accrued benefits shall, if the payee died on or after the last day 
 of the period covered by the check, be returned to the issuing office 
  and canceled, unless negotiated by the payee or the duly appointed 
representative of the payees estate. The amount represented by 
 such check, or any amount recovered by reason of improper negotiation 
 of any such check, shall be payable in the manner provided in section 
 5121 of this title, without regard to section 5121(c) of this title. 
  Any amount not paid in the manner provided in section 5121 of this 
  title shall be paid to the estate of the deceased payee unless the 
 estate will escheat. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
1229, Sec. 3022; Pub. L. 99576, title VII, Sec. 701(67), Oct. 
  28, 1986, 100 Stat. 3296; renumbered Sec. 5122 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 104316, title II, Sec. 202(t), Oct. 
 19, 1996, 110 Stat. 3845.) ' 5123. Rounding down of pension rates The 
  monthly or other periodic rate of pension payable to an individual 
under section 1521, 1541, or 1542 of this title or under section 306(a) 
of the Veterans and Survivors Pension Improvement Act 
of 1978 (Public Law 95588), if not a multiple of $1, shall be 
  rounded down to the nearest dollar. (Added Pub. L. 97253, 
   title IV, Sec. 403(a)(1), Sept. 8, 1982, 96 Stat. 802, Sec. 3023; 
renumbered Sec. 5123, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, Sec. 
     5(c)(1), Aug. 6, 1991, 105 Stat. 406.) ' 5124. Acceptance of 
claimants statement as proof of relationship (a) For purposes 
of benefits under laws administered by the Secretary, the Secretary may 
accept the written statement of a claimant as proof of the existence of 
any relationship specified in subsection (b) for the purpose of acting 
  on such individuals claim for benefits. (b) Subsection (a) 
applies to proof of the existence of any of the following relationships 
between a claimant and another person: (1) Marriage. (2) Dissolution of 
 a marriage. (3) Birth of a child. (4) Death of any family member. (c) 
The Secretary may require the submission of documentation in support of 
  the claimants statement if (1) the claimant does not 
reside within a State; (2) the statement on its face raises a question 
as to its validity; (3) there is conflicting information of record; or 
 (4) there is reasonable indication, in the statement or otherwise, of 
fraud or misrepresentation. (Added Pub. L. 103446, title III, 
   Sec. 301(a), Nov. 2, 1994, 108 Stat. 4657.) ' 5125. Acceptance of 
reports of private physician examinations For purposes of establishing 
 any claim for benefits under chapter 11 or 15 of this title, a report 
 of a medical examination administered by a private physician that is 
 provided by a claimant in support of a claim for benefits under that 
 chapter may be accepted without a requirement for confirmation by an 
      examination by a physician employed by the Veterans Health 
 Administration if the report is sufficiently complete to be adequate 
      for the purpose of adjudicating such claim. (Added Pub. L. 
103446, title III, Sec. 301(b), Nov. 2, 1994, 108 Stat. 4658.) 
  ' 5126. Benefits not to be denied based on lack of mailing address 
 Benefits under laws administered by the Secretary may not be denied a 
    claimant on the basis that the claimant does not have a mailing 
 address. (Added Pub. L. 106475, Sec. 3(b), Nov. 9, 2000, 114 
  Stat. 2098.) CHAPTER 53 OF TITLE 38, UNITED STATES CODE [As Amended 
      Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART IVGENERAL 
 ADMINISTRATIVE PROVISIONS CHAPTER 53SPECIAL PROVISIONS 
 RELATING TO BENEFITS Sec. 5301. Nonassignability and exempt status of 
  benefits. 5302. Waiver of recovery of claims by the United States. 
  5302A. Collection of indebtedness: certain debts of members of the 
 Armed Forces and veterans who die of injury incurred or aggravated in 
  the line of duty in a combat zone. 5303. Certain bars to benefits. 
   5303A. Minimum active-duty service requirement. 5304. Prohibition 
  against duplication of benefits. 5305. Waiver of retired pay. 5306. 
  Renouncement of right to benefits. 5307. Apportionment of benefits. 
5308. Withholding benefits of persons in territory of the enemy. 5309. 
  Payment of certain withheld benefits. 5310. Payment of benefits for 
 month of death. 5311. Prohibition of certain benefit payments. 5312. 
Annual adjustment of certain benefit rates. 5313. Limitation on payment 
 of compensation and dependency and indemnity compensation to persons 
 incarcerated for conviction of a felony. 5313A. Limitation on payment 
 of clothing allowance to incarcerated veterans. 5313B. Prohibition on 
  providing certain benefits with respect to persons who are fugitive 
 felons. 5314. Indebtedness offsets. 5315. Interest and administrative 
 cost charges on delinquent payments of certain amounts due the United 
 States. 5316. Authority to sue to collect certain debts. 5317. Use of 
income information from other agencies: notice and verification. 5317A. 
Use of income information from other agencies: independent verification 
   required before termination or reduction of certain benefits and 
    services. 5318. Review of Social Security Administration death 
information. 5319. Limitations on access to financial records. ' 5301. 
   Nonassignability and exempt status of benefits (a)(1) Payments of 
    benefits due or to become due under any law administered by the 
  Secretary shall not be assignable except to the extent specifically 
   authorized by law, and such payments made to, or on account of, a 
  beneficiary shall be exempt from taxation, shall be exempt from the 
  claim of creditors, and shall not be liable to attachment, levy, or 
  seizure by or under any legal or equitable process whatever, either 
  before or after receipt by the beneficiary. The preceding sentence 
shall not apply to claims of the United States arising under such laws 
nor shall the exemption therein contained as to taxation extend to any 
    property purchased in part or wholly out of such payments. The 
   provisions of this section shall not be construed to prohibit the 
 assignment of insurance 753 otherwise authorized under chapter 19 of 
this title, or of servicemens indemnity. (2) For the purposes 
    of this subsection, in any case where a payee of an educational 
assistance allowance has designated the address of an attorney-in-fact 
 as the payees address for the purpose of receiving a benefit 
check and has also executed a power of attorney giving the attorney-in-
 fact authority to negotiate such benefit check, such action shall be 
deemed to be an assignment and is prohibited. (3)(A) This paragraph is 
 intended to clarify that, in any case where a beneficiary entitled to 
compensation, pension, or dependency and indemnity compensation enters 
into an agreement with another person under which agreement such other 
person acquires for consideration the right to receive such benefit by 
  payment of such compensation, pension, or dependency and indemnity 
 compensation, as the case may be, except as provided in subparagraph 
 (B), and including deposit into a joint account from which such other 
  person may make withdrawals, or otherwise, such agreement shall be 
   deemed to be an assignment and is prohibited. (B) Notwithstanding 
 subparagraph (A), nothing in this paragraph is intended to prohibit a 
 loan involving a beneficiary under the terms of which the beneficiary 
 may use the benefit to repay such other person as long as each of the 
  periodic payments made to repay such other person is separately and 
  voluntarily executed by the beneficiary or is made by preauthorized 
 electronic funds transfer pursuant to the Electronic Funds Transfers 
  Act (15 U.S.C. 1693 et seq.). (C) Any agreement or arrangement for 
   collateral for security for an agreement that is prohibited under 
subparagraph (A) is also prohibited and is void from its inception. (b) 
 This section shall prohibit the collection by setoff or otherwise out 
    of any benefits payable pursuant to any law administered by the 
Secretary and relating to veterans, their estates, or their dependents, 
of any claim of the United States or any agency thereof against (1) any 
person other than the indebted beneficiary or the beneficiarys 
  estate; or (2) any beneficiary or the beneficiarys estate 
    except amounts due the United States by such beneficiary or the 
   beneficiarys estate by reason of overpayments or illegal 
       payments made under such laws to such beneficiary or the 
beneficiarys estate or to the beneficiarys dependents 
  as such. If the benefits referred to in the preceding sentence are 
insurance payable by reason of yearly renewable term insurance, United 
 States Government life insurance, or National Service Life Insurance 
  issued by the United States, the exemption provided in this section 
    shall not apply to indebtedness existing against the particular 
   insurance contract upon the maturity of which the claim is based, 
  whether such indebtedness is in the form of liens to secure unpaid 
     premiums or loans, or interest on such premiums or loans, or 
indebtedness arising from overpayments of dividends, refunds, loans, or 
other insurance benefits. (c)(1) Notwithstanding any other provision of 
   this section, the Secretary may, after receiving a request under 
  paragraph (2) of this subsection relating to a veteran, collect by 
offset of any compensation or pension payable to the veteran under laws 
administered by the Secretary the uncollected portion of the amount of 
any indebtedness associated with the veterans participation in 
   a plan prescribed in chapter 73 of title 10. (2) If the Secretary 
 concerned (as defined in section 101(5) of title 37) has tried under 
section 3711(a) of title 31 to collect an amount described in paragraph 
 (1) of this subsection in the case of any veteran, has been unable to 
collect such amount, and has determined that the uncollected portion of 
 such amount is not collectible from amounts payable by that Secretary 
 to the veteran or that the veteran is not receiving any payment from 
   that Secretary, that Secretary may request the Secretary to make 
collections in the case of such veteran as authorized in paragraph (1) 
of this subsection. (3)(A) A collection authorized by paragraph (1) of 
 this subsection shall be conducted in accordance with the procedures 
   prescribed in section 3716 of title 31 for administrative offset 
collections made after attempts to collect claims under section 3711(a) 
    of such title. (B) For the purposes of subparagraph (A) of this 
 paragraph, as used in the second sentence of section 3716(a) of title 
            31 (i) the term records of the 
agency shall be considered to refer to the records of 
     the department of the Secretary concerned; and (ii) the term 
 agency in clauses (3) and (4) shall be 
considered to refer to such department. (4) Funds collected under this 
  subsection shall be credited to the Department of Defense Military 
  Retirement Fund under chapter 74 of title 10 or to the Retired Pay 
    Account of the Coast Guard, as appropriate. (d) Notwithstanding 
    subsection (a) of this section, payments of benefits under laws 
   administered by the Secretary shall not be exempt from levy under 
  subchapter D of chapter 64 of the Internal Revenue Code of 1986 (26 
U.S.C. 6331 et seq.). (e) In the case of a person who (1) has been 
determined to be eligible to receive pension or compensation under laws 
administered by the Secretary but for the receipt by such person of pay 
pursuant to any provision of law providing retired or retirement pay to 
members or former members of the Armed Forces or commissioned officers 
of the National Oceanic and Atmospheric Administration or of the Public 
 Health Service; and (2) files a waiver of such pay in accordance with 
      section 5305 of this title in the amount of such pension or 
  compensation before the end of the one-year period beginning on the 
date such person is notified by the Secretary of such persons 
eligibility for such pension or compensation, the retired or retirement 
   pay of such person shall be exempt from taxation, as provided in 
  subsection (a) of this section, in an amount equal to the amount of 
 pension or compensation which would have been paid to such person but 
 for the receipt by such person of such pay. (Pub. L. 85857, 
Sept. 2, 1958, 72 Stat. 1229, Sec. 3101; Pub. L. 94502, title 
 VII, Sec. 701, Oct. 15, 1976, 90 Stat. 2405; Pub. L. 95479, 
      title III, Sec. 301, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 
   97295, Sec. 4(74), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 
 99576, title V, Sec. 504, title VII, Sec. 701(68), Oct. 28, 
1986, 100 Stat. 3286, 3296; Pub. L. 101189, div. A, title XIV, 
Sec. 1404(b)(2), Nov. 29, 1989, 103 Stat. 1586; Pub. L. 10225, 
title VII, Sec. 705(c)(2), Apr. 6, 1991, 105 Stat. 120; renumbered Sec. 
  5301 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10254, Sec. 
 14(d)(2), June 13, 1991, 105 Stat. 285; Pub. L. 10283, Sec. 
 4(a)(1), (2)(A)(vii), (b)(1), (2)(E), (4)(C), Aug. 6, 1991, 105 Stat. 
403405; Pub. L. 10286, title V, Sec. 505(a), Aug. 14, 
1991, 105 Stat. 426; Pub. L. 108183, title VII, Sec. 702, Dec. 
16, 2003, 117 Stat. 2671.) ' 5302. Waiver of recovery of claims by the 
      United States (a) There shall be no recovery of payments or 
overpayments (or any interest thereon) of any benefits under any of the 
 laws administered by the Secretary whenever the Secretary determines 
   that recovery would be against equity and good conscience, if an 
    application for relief is made within 180 days from the date of 
  notification of the indebtedness by the Secretary to the payee, or 
within such longer period as the Secretary determines is reasonable in 
   a case in which the payee demonstrates to the satisfaction of the 
  Secretary that such notification was not actually received by such 
 payee within a reasonable period after such date. The Secretary shall 
 include in the notification to the payee a statement of the right of 
 the payee to submit an application for a waiver under this subsection 
and a description of the procedures for submitting the application. (b) 
With respect to any loan guaranteed, insured, or made under chapter 37 
 of this title, the Secretary shall, except as provided in subsection 
(c) of this section, waive payment of an indebtedness to the Department 
by the veteran (as defined in sections 101, 3701, and 3702(a)(2)(C)(ii) 
of this title), or the veterans spouse, following default and 
loss of the property, where the Secretary determines that collection of 
   such indebtedness would be against equity and good conscience. An 
 application for relief under this subsection must be made within one 
 year after the date on which the veteran receives notice by certified 
     mail with return receipt requested from the Secretary of the 
    indebtedness. The Secretary shall include in the notification a 
 statement of the right of the veteran to submit an application for a 
 waiver under this subsection and a description of the procedures for 
  submitting the application. (c) The recovery of any payment or the 
  collection of any indebtedness (or any interest thereon) may not be 
waived under this section if, in the Secretarys opinion, there 
 exists in connection with the claim for such waiver an indication of 
  fraud, misrepresentation or bad faith on the part of the person or 
 persons having an interest in obtaining a waiver of such recovery or 
 the collection of such indebtedness (or any interest thereon). (d) No 
certifying or disbursing officer shall be liable for any amount paid to 
any person where the recovery of such amount is waived under subsection 
  (a) or (b). (e) Where the recovery of a payment or overpayment made 
    from the National Service Life Insurance Fund or United States 
 Government Life Insurance Fund is waived under this section, the fund 
 from which the payment was made shall be reimbursed from the National 
    Service Life Insurance appropriation or the military and naval 
insurance appropriation, as applicable. (Pub. L. 85857, Sept. 
 2, 1958, 72 Stat. 1230, Sec. 3102; Pub. L. 92328, title II, 
Sec. 202(a), June 30, 1972, 86 Stat. 396; Pub. L. 96466, title 
       VI, Sec. 605(c)(3), Oct. 17, 1980, 94 Stat. 2211; Pub. L. 
  97306, title IV, Sec. 407(a), Oct. 14, 1982, 96 Stat.1445; 
  Pub. L. 99576, title VII, Sec. 701(69), Oct. 28, 1986, 100 
  Stat. 3296; Pub. L. 101237, title III, Sec. 311, Dec. 18, 
  1989, 103 Stat. 2075; renumbered Sec. 5302, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
    102 54, Sec. 5, June 13, 1991, 105 Stat. 268; Pub. L. 
 10283, Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 
 6, 1991, 105 Stat. 403406; Pub. L. 102547, Sec. 12, 
Oct. 28, 1992, 106 Stat. 3645; Pub. L. 10533, title VIII, Sec. 
 8033(b), Aug. 5, 1997, 111 Stat.669.) ' 5302A. 5302A 1 Collection of 
indebtedness: certain debts of members of the Armed Forces and veterans 
who die of injury incurred or aggravated in the line ofduty in a combat 
zone (a) LIMITATION ON AUTHORITY.The Secretary may not collect all 
 or any part of an amount owed to the United States by a member of the 
 Armed Forces or veteran described in subsection (b) under any program 
  under the laws administered by the Secretary, other than a program 
    referred to in subsection (c), if the Secretary determines that 
termination of collection is in the best interest of the United States. 
 (b) COVERED INDIVIDUALS.A member of the Armed Forces or veteran 
  described in this subsection is any member or veteran who dies as a 
 result of an injury incurred or aggravated in the line of duty while 
    serving in a theater of combat operations (as determined by the 
Secretary in consultation with the Secretary of Defense) in a war or in 
combat against a hostile force during a period of hostilities (as that 
    term is defined in section 1712A(a)(2)(B) of this title) after 
 September 11, 2001. (c) INAPPLICABILITY TO HOUSING AND SMALL BUSINESS 
  BENEFIT PROGRAMS.The limitation on authority in subsection (a) 
shall not apply to any amounts owed the United States under any program 
      carried out under chapter 37 of this title. (Added Pub. L. 
  110252, title I, Sec. 1303(a)(1), June 30, 2008, 122 Stat. 
2327.) ' 5303. Certain bars to benefits (a) The discharge or dismissal 
by reason of the sentence of a general court-martial of any person from 
  the Armed Forces, or the discharge of any such person on the ground 
 that such person was a conscientious objector who refused to perform 
  military duty or refused to wear the uniform or otherwise to comply 
 with lawful orders of competent military authority, or as a deserter, 
or on the basis of an absence without authority from active duty for a 
   continuous period of at least one hundred and eighty days if such 
person was discharged under conditions other than honorable unless such 
person demonstrates to the satisfaction of the Secretary that there are 
    compelling circumstances to warrant such prolonged unauthorized 
 absence, or of an officer by the acceptance of such officers 
  resignation for the good of the service, or (except as provided in 
  subsection (c)) the discharge of any individual during a period of 
hostilities as an alien, shall bar all rights of such person under laws 
  administered by the Secretary based upon the period of service from 
   which discharged or dismissed, notwithstanding any action 1 So in 
 original. Probably should be followed by a period. subsequent to the 
date of such discharge by a board established pursuant to section 1553 
 of title 10. (b) Notwithstanding subsection (a), if it is established 
     to the satisfaction of the Secretary that, at the time of the 
 commission of an offense leading to a persons court-martial, 
 discharge, or resignation, that person was insane, such person shall 
not be precluded from benefits under laws administered by the Secretary 
based upon the period of service from which such person was separated. 
   (c) Subsection (a) shall not apply to any alien whose service was 
        honest and faithful, and who was not discharged on the 
 individuals own application or solicitation as an alien. No 
    individual shall be considered as having been discharged on the 
individuals own application or solicitation as an alien in the 
absence of affirmative evidence establishing that the individual was so 
discharged. (d) This section shall not apply to any war-risk insurance, 
   Government (converted) or National Service Life Insurance policy. 
  (e)(1) Notwithstanding any other provision of law, (A) no benefits 
under laws administered by the Secretary shall be provided, as a result 
  of a change in or new issuance of a discharge under section 1553 of 
  title 10, except upon a case-by-case review by the board of review 
  concerned, subject to review by the Secretary concerned, under such 
 section, of all the evidence and factors in each case under published 
uniform standards (which shall be historically consistent with criteria 
 for determining honorable service and shall not include any criterion 
  for automatically granting or denying such change or issuance) and 
    procedures generally applicable to all persons administratively 
  discharged or released from active military, naval, or air service 
under other than honorable conditions; and (B) any such person shall be 
  afforded an opportunity to apply for such review under such section 
1553 for a period of time terminating not less than one year after the 
date on which such uniform standards and procedures are promulgated and 
 published. (2) Notwithstanding any other provision of law (A) no 
   person discharged or released from active military, naval, or air 
 service under other than honorable conditions who has been awarded a 
 general or honorable discharge under revised standards for the review 
of discharges, (i) as implemented by the Presidents directive 
  of January 19, 1977, initiating further action with respect to the 
 Presidents Proclamation 4313 of September 16, 1974, (ii) as 
    implemented on or after April 5, 1977, under the Department of 
    Defenses special discharge review program, or (iii) as 
implemented subsequent to April 5, 1977, and not made applicable to all 
 persons administratively discharged or released from active military, 
 naval, or air service under other than honorable conditions, shall be 
 entitled to benefits under laws administered by the Secretary except 
 upon a determination, based on a case-by-case review, under standards 
(meeting the requirements of paragraph (1) of this subsection) applied 
   by the board of review concerned under section 1553 of title 10, 
subject to review by the Secretary concerned, that such person would be 
   awarded an upgraded discharge under such standards; and (B) such 
  determination shall be made by such board (i) on an expedited basis 
 after notification by the Department to the Secretary concerned that 
  such person has received, is in receipt of, or has applied for such 
  benefits or after a written request is made by such person or such 
 determination, (ii) on its own initiative before October 9, 1978, in 
any case where a general or honorable discharge has been awarded before 
October 9, 1977, under revised standards referred to in clause (A)(i), 
(ii), or (iii) of this paragraph, or (iii) on its own initiative at the 
time a general or honorable discharge is so awarded in any case where a 
  general or honorable discharge is awarded after October 8, 1977. If 
such board makes a preliminary determination that such person would not 
  have been awarded an upgraded discharge under standards meeting the 
requirements of paragraph (1) of this subsection, such person shall be 
entitled to an appearance before the board, as provided for in section 
 1553(c) of title 10, prior to a final determination on such question 
  and shall be given written notice by the board of such preliminary 
determination and of the right to such appearance. The Secretary shall, 
 as soon as administratively feasible, notify the appropriate board of 
   review of the receipt of benefits under laws administered by the 
   Secretary, or of the application for such benefits, by any person 
 awarded an upgraded discharge under revised standards referred to in 
clause (A)(i), (ii), or (iii) of this paragraph with respect to whom a 
 favorable determination has not been made under this paragraph. (Pub. 
  L. 85857, Sept. 2, 1958, 72 Stat. 1230, Sec. 3103; Pub. L. 
 86113, July 28, 1959, 73 Stat. 262; Pub. L. 95126, 
 Sec. 1(a), Oct. 8, 1977, 91 Stat. 1106; Pub. L. 97295, Sec. 
4(75), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 99576, title VII, 
Sec. 701(70), Oct. 28, 1986, 100 Stat. 3296; renumbered Sec. 5303, Pub. 
  L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 
 238; Pub. L. 10283, Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), 
Aug. 6, 1991, 105 Stat. 403405.) ' 5303A. Minimum active-duty 
service requirement (a) Notwithstanding any other provision of law, any 
 requirements for eligibility for or entitlement to any benefit under 
  this title or any other law administered by the Secretary that are 
  based on the length of active duty served by a person who initially 
 enters such service after September 7, 1980, shall be exclusively as 
prescribed in this title. (b)(1) Except as provided in paragraph (3) of 
this subsection, a person described in paragraph (2) of this subsection 
   who is discharged or released from a period of active duty before 
completing the shorter of (A) 24 months of continuous active duty, 
 or (B) the full period for which such person was called or ordered to 
 active duty, is not eligible by reason of such period of active duty 
 for any benefit under this title or any other law administered by the 
Secretary. (2) Paragraph (1) of this subsection applies (A) to any 
   person who originally enlists in a regular component of the Armed 
Forces after September 7, 1980; and (B) to any other person who enters 
on active duty after October 16, 1981, and has not previously completed 
   a continuous period of active duty of at least 24 months or been 
discharged or released from active duty under section 1171 of title 10. 
   (3) Paragraph (1) of this subsection does not apply (A) to a 
  person who is discharged or released from active duty under section 
1171 or 1173 of title 10; (B) to a person who is discharged or released 
  from active duty for a disability incurred or aggravated in line of 
   duty; (C) to a person who has a disability that the Secretary has 
determined to be compensable under chapter 11 of this title; (D) to the 
 provision of a benefit for or in connection with a service-connected 
 disability, condition, or death; (E) to benefits under chapter 19 of 
  this title; (F) to benefits under chapter 30 or chapter 37 of this 
title by reason of (i) a discharge or release from active duty for 
      the convenience of the Government, as described in sections 
   3011(a)(1)(A)(ii)(II) and 3012(b)(1)(A)(iv) of this title; (ii) a 
  discharge or release from active duty for a medical condition which 
preexisted service on active duty and which the Secretary determines is 
     not service connected, as described in clauses (A)(ii)(I) and 
     (B)(ii)(I) of section 3011(a)(1) of this title and in section 
  3012(b)(1)(A)(ii) of this title; (iii) an involuntary discharge or 
  release from active duty for the convenience of the Government as a 
 result of a reduction in force, as described in clauses (A)(ii)(III) 
  and (B)(ii)(III) of section 3011(a)(1) of this title and in section 
  3012(b)(1)(A)(v) of this title; or (iv) a discharge or release from 
      active duty for a physical or mental condition that was not 
       characterized as a disability and did not result from the 
individuals own willful misconduct but did interfere with the 
   individuals performance of duty, as described in section 
3011(a)(1)(A)(ii)(I) of this title; or (G) to benefits under chapter 43 
   of this title. (c)(1) Except as provided in paragraph (2) of this 
subsection, no dependent or survivor of a person as to whom subsection 
(b) of this section requires the denial of benefits shall, by reason of 
   such persons period of active duty, be provided with any 
     benefit under this title or any other law administered by the 
   Secretary. (2) Paragraph (1) of this subsection does not apply to 
benefits under chapters 19 and 37 of this title. (d)(1) Notwithstanding 
 any other provision of law and except as provided in paragraph (3) of 
this subsection, a person described in paragraph (2) of this subsection 
   who is discharged or released from a period of active duty before 
completing the shorter of (A) 24 months of continuous active duty, 
 or (B) the full period for which such person was called or ordered to 
 active duty, is not eligible by reason of such period of active duty 
 for any benefit under Federal law (other than this title or any other 
  law administered by the Secretary), and no dependent or survivor of 
 such person shall be eligible for any such benefit by reason of such 
    period of active duty of such person. (2) Paragraph (1) of this 
 subsection applies (A) to any person who originally enlists in a 
regular component of the Armed Forces after September 7, 1980; and (B) 
 to any other person who enters on active duty after October 13, 1982, 
and has not previously completed a continuous period of active duty of 
  at least 24 months or been discharged or released from active duty 
 under section 1171 of title 10. (3) Paragraph (1) of this subsection 
does not apply (A) to any person described in clause (A), (B), or 
  (C) of subsection (b)(3) of this section; or (B) with respect to a 
 benefit under (i) the Social Security Act other than additional wages 
 deemed to have been paid, under section 229(a) of the Social Security 
   Act (42 U.S.C. 429(a)), for any calendar quarter beginning after 
October 13, 1982, or (ii) title 5 other than a benefit based on meeting 
the definition of preference eligible in section 2108(3) of such title. 
            (e) For the purposes of this section, the term 
 benefit includes a right or privilege, 
but does not include a refund of a participants contributions 
  to the educational benefits program provided by chapter 32 of this 
 title. (f) Nothing in this section shall be construed to deprive any 
person of any procedural rights, including any rights to assistance in 
applying for or claiming a benefit. (Added Pub. L. 9766, title 
 VI, Sec. 604(a)(1), Oct. 17, 1981, 95 Stat. 1035, Sec. 3103A; amended 
Pub. L. 97306, title IV, Sec. 408(a), Oct. 14, 1982, 96 Stat. 
 1445; Pub. L. 99576, title III, Sec. 321(11), Oct. 28, 1986, 
100 Stat. 3278; Pub. L. 100 689, title I, Sec. 102(b)(3), Nov. 
  18, 1988, 102 Stat. 4163; Pub. L. 101510, div. A, title V, 
 Sec. 562(a)(4), Nov. 5, 1990, 104 Stat. 1574; renumbered Sec. 5303A, 
  Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 
   Stat. 238; Pub. L. 10283, Sec. 4(a)(1), (b)(1), (2)(E), 
       5(c)(1), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 
    103353, Sec. 3, Oct. 13, 1994, 108 Stat. 3169; Pub. L. 
103446, title IX, Sec. 908, Nov. 2, 1994, 108 Stat. 4678; Pub. 
L. 105368, title X, Sec. 1005(b)(15), Nov. 11, 1998, 112 Stat. 
   3365.) ' 5304. Prohibition against duplication of benefits (a)(1) 
 Except as provided in section 1414 of title 10 or to the extent that 
 retirement pay is waived under other provisions of law, not more than 
   one award of pension, compensation, emergency officers, 
 regular, or reserve retirement pay, or initial award of naval pension 
 granted after July 13, 1943, shall be made concurrently to any person 
   based on such persons own service or concurrently to any 
 person based on the service of any other person. (2) Notwithstanding 
the provisions of paragraph (1) of this subsection and of section 5305 
of this title, pension under section 1521 or 1541 of this title may be 
    paid to a person entitled to receive retired or retirement pay 
    described in section 5305 of this title concurrently with such 
   persons receipt of such retired or retirement pay if the 
 annual amount of such retired or retirement pay is counted as annual 
 income for the purposes of chapter 15 of this title. (b)(1) Except as 
 provided in paragraphs (2) and (3) of this subsection and in section 
    1521(i) of this title, the receipt of pension, compensation, or 
dependency and indemnity compensation by a surviving spouse, child, or 
parent on account of the death of any person, or receipt by any person 
  of pension or compensation on account of such persons own 
    service, shall not bar the payment of pension, compensation, or 
   dependency and indemnity compensation on account of the death or 
disability of any other person. (2) Benefits other than insurance under 
 laws administered by the Secretary may not be paid or furnished to or 
on account of any child by reason of the death of more than one parent 
  in the same parental line; however, the child may elect one or more 
  times to receive benefits by reason of the death of any one of such 
 parents. (3) Benefits other than insurance under laws administered by 
 the Secretary may not be paid to any person by reason of the death of 
  more than one person to whom such person was married; however, the 
person may elect one or more times to receive benefits by reason of the 
 death of any one spouse. (c) Pension, compensation, or retirement pay 
  on account of any persons own service shall not be paid to 
   such person for any period for which such person receives active 
  service pay. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1230, 
Sec. 3104; Pub. L. 86495, Sec. 1, June 8, 1960, 74 Stat. 163; 
 Pub. L. 88664, Sec. 9, Oct. 13, 1964, 78 Stat. 1096; Pub. L. 
     91376, Sec. 6, Aug. 12, 1970, 84 Stat. 790; Pub. L. 
95588, title III, Sec. 304, Nov. 4, 1978, 92 Stat. 2507; Pub. 
 L. 96385, title V, Sec. 503(a), Oct. 7, 1980, 94 Stat. 1534; 
  Pub. L. 99576, title VII, Sec. 701(71), Oct. 28, 1986, 100 
 Stat. 3297; renumbered Sec. 5304 and amended Pub. L. 10240, 
title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. 
L. 10283, Sec. 4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 
 406; Pub. L. 108454, title III, Sec. 308(a), Dec. 10, 2004, 
 118 Stat. 3614.) ' 5305. Waiver of retired pay Except as provided in 
 section 1414 of title 10, any person who is receiving pay pursuant to 
any provision of law providing retired or retirement pay to persons in 
the Armed Forces, or as a commissioned officer of the National Oceanic 
and Atmospheric Administration or of the Public Health Service, and who 
  would be eligible to receive pension or compensation under the laws 
 administered by the Secretary if such person were not receiving such 
retired or retirement pay, shall be entitled to receive such pension or 
  compensation upon the filing by such person with the department by 
which such retired or retirement pay is paid of a waiver of so much of 
 such persons retired or retirement pay as is equal in amount 
 to such pension or compensation. To prevent duplication of payments, 
  the department with which any such waiver is filed shall notify the 
  Secretary of the receipt of such waiver, the amount waived, and the 
effective date of the reduction in retired or retirement pay. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3105; Pub. L. 
  91621, Sec. 6(a)(3), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 
99576, title VII, Sec. 701(72), Oct. 28, 1986, 100 Stat. 3297; 
renumbered Sec. 5305, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(1), 
  (2)(A)(viii), Aug. 6, 1991, 105 Stat. 403; Pub. L. 108454, 
    title III, Sec. 308(b), Dec. 10, 2004, 118 Stat. 3614.) ' 5306. 
 Renouncement of right to benefits (a) Any person entitled to pension, 
compensation, or dependency and indemnity compensation under any of the 
laws administered by the Secretary may renounce the right thereto. The 
     application renouncing the right shall be in writing over the 
  persons signature. Upon the filing of such an application, 
payment of such benefits and the right thereto shall be terminated, and 
   such person shall be denied any and all rights thereto from such 
 filing. (b) Renouncement of rights shall not preclude any person from 
 filing a new application for pension, compensation, or dependency and 
indemnity compensation at a later date, but such new application shall 
 be treated as an original application, and no payments shall be made 
   for any period before the date such new application is filed. (c) 
Notwithstanding subsection (b), if a new application for pension under 
 chapter 15 of this title or for dependency and indemnity compensation 
 for parents under section 1315 of this title is filed within one year 
   after renouncement of that benefit, such application shall not be 
 treated as an original application and benefits will be payable as if 
 the renouncement had not occurred. (Pub. L. 85857, Sept. 2, 
1958, 72 Stat. 1231, Sec. 3106; Pub. L. 99576, title VII, Sec. 
 701(73), Oct. 28, 1986, 100 Stat. 3297; renumbered Sec. 5306, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
Pub. L. 10283, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. 
L. 103446, title V, Sec. 503, Nov. 2, 1994, 108 Stat. 4663.) ' 
      5307. Apportionment of benefits (a) All or any part of the 
 compensation, pension, or emergency officers retirement pay 
payable on account of any veteran may (1) if the veteran is being 
furnished hospital treatment, institutional, or domiciliary care by the 
United States, or any political subdivision thereof, be apportioned on 
behalf of the veterans spouse, children, or dependent parents; 
and (2) if the veteran is not living with the veterans spouse, 
  or if the veterans children are not in the custody of the 
  veteran, be apportioned as may be prescribed by the Secretary. (b) 
Where any of the children of a deceased veteran are not in the custody 
 of the veterans surviving spouse, the pension, compensation, 
   or dependency and indemnity compensation otherwise payable to the 
surviving spouse may be apportioned as prescribed by the Secretary. (c) 
If a veteran is not living with the veterans spouse, or if any 
    of the veterans children are not in the custody of the 
veteran, any subsistence allowance payable to the veteran under chapter 
    31 of this title or that portion of the educational assistance 
  allowance payable on account of dependents under chapter 34 of this 
 title may be apportioned as may be prescribed by the Secretary. (Pub. 
  L. 85857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3107; Pub. L. 
 92540, title V, Sec. 505, Oct. 24, 1972, 86 Stat. 1099; Pub. 
  L. 98160, title VII, Sec. 703(2), Nov. 21, 1983, 97 Stat. 
  1010; renumbered Sec. 5307, Pub. L. 10240, title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 
4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 5308. Withholding 
   benefits of persons in territory of the enemy (a) When any alien 
    entitled to gratuitous benefits under laws administered by the 
Secretary is located in territory of, or under military control of, an 
 enemy of the United States or of any of its allies, any award of such 
benefits in favor of such alien shall be terminated forthwith. (b) Any 
    alien whose award is terminated under subsection (a) shall not 
thereafter be entitled to any such gratuitous benefits except upon the 
  filing of a new claim, accompanied by evidence satisfactory to the 
 Secretary showing that such alien was not guilty of mutiny, treason, 
sabotage, or rendering assistance to such enemy. Except as provided in 
section 5309 of this title, such gratuitous benefits shall not be paid 
 for any period before the date the new claim is filed. (c) While such 
  alien is located in territory of, or under military control of, an 
 enemy of the United States or of any of its allies, the Secretary, in 
 the Secretarys discretion, may apportion and pay any part of 
  such benefits to the dependents of such alien. No dependent of such 
alien shall receive benefits by reason of this subsection in excess of 
the amount to which the dependent would be entitled if such alien were 
dead. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3108; 
  Pub. L. 99576, title VII, Sec. 701(74), Oct. 28, 1986, 100 
 Stat. 3297; renumbered Sec. 5308 and amended Pub. L. 10240, 
title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. 
  L. 10283, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 
 Stat. 403405.) ' 5309. Payment of certain withheld benefits 
(a) Any person who, but for section 5308 of this title, was entitled to 
  benefits under any of the laws administered by the Secretary, whose 
award of benefits was terminated under such section, or whose benefits 
 were not paid pursuant to sections 3329 and 3330 of title 31, and who 
was not guilty of mutiny, treason, sabotage, or rendering assistance to 
  an enemy of the United States or its allies, shall be paid the full 
   amount of any benefits not paid because of such section 5308, or 
     withheld (including the amount of any checks covered on such 
 persons account into the Treasury as miscellaneous receipts 
    together with any amount to such persons credit in the 
 special-deposit account) pursuant to sections 3329 and 3330 of title 
 31. The Secretary shall certify to the Secretary of the Treasury the 
 amounts of payments which, but for this section, would have been made 
from the special deposit account, and the Secretary of the Treasury, as 
 directed by the Secretary, shall reimburse the appropriations of the 
    Department from such special deposit account, or cover into the 
  Treasury as miscellaneous receipts the amounts so certified. (b) No 
payments shall be made for any period before the date claim therefor is 
 filed under this section to any person whose award was terminated, or 
whose benefits were not paid, before July 1, 1954, because such person 
  was a citizen or subject of Germany or Japan residing in Germany or 
  Japan. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1232, Sec. 
 3109; Pub. L. 97258, Sec. 3(k)(4), Sept. 13, 1982, 96 Stat. 
 1065; Pub. L. 99576, title VII, Sec. 701(75), Oct. 28, 1986, 
       100 Stat. 3297; renumbered Sec. 5309 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(1), (3), (4), (b)(1), 
 (2)(E), Aug. 6, 1991, 105 Stat. 403405.) ' 5310. Payment of 
 benefits for month of death (a) If, in accordance with the provisions 
  of section 5110(d) of this title, a surviving spouse is entitled to 
death benefits under chapter 11, 13, or 15 of this title for the month 
  in which a veterans death occurs, the amount of such death 
 benefits for that month shall be not less than the amount of benefits 
 the veteran would have received under chapter 11 or 15 of this title 
    for that month but for the death of the veteran. (b)(1) If the 
  surviving spouse of a veteran who was in receipt of compensation or 
 pension at the time of death is not entitled to death benefits under 
    chapter 11, 13, or 15 of this title for the month in which the 
veterans death occurs, that surviving spouse shall be entitled 
to a benefit for that month in the amount of benefits the veteran would 
 have received under chapter 11 or 15 of this title for that month but 
     for the death of the veteran. (2) If (notwithstanding section 
5112(b)(1) of this title) a check or other payment is issued to, and in 
the name of, the deceased veteran as a benefit payment under chapter 11 
or 15 of this title for the month in which death occurs, that check or 
other payment (A) shall be treated for all purposes as being payable to 
    the surviving spouse, and (B) if that check or other payment is 
negotiated or deposited, shall be considered to be the benefit to which 
the surviving spouse is entitled under paragraph (1). However, if such 
  check or other payment is in an amount less than the amount of the 
benefit under paragraph (1), the unpaid amount shall be treated in the 
  same manner as an accrued benefit under section 5121 of this title. 
(Added Pub. L. 87825, Sec. 4(a), Oct. 15, 1962, 76 Stat. 950, 
Sec. 3110; amended Pub. L. 98160, title VII, Sec. 703(3), Nov. 
   21, 1983, 97 Stat. 1010; renumbered Sec. 5310 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239; Pub. L. 104275, title V, Sec. 506(a), Oct. 9, 
 1996, 110 Stat. 3343; Pub. L. 105114, title IV, Sec. 401(f), 
Nov. 21, 1997, 111 Stat. 2294.) ' 5311. Prohibition of certain benefit 
    payments There shall be no payment of dependency and indemnity 
compensation, death compensation, or death pension which, because of a 
   widows relationship with another man before enactment of 
     Public Law 87674, would not have been payable by the 
  Veterans Administration under the standard for determining 
remarriage applied by that agency before said enactment. (Added Pub. L. 
  91376, Sec. 8(b), Aug. 12, 1970, 84 Stat. 790, Sec. 3111; 
renumbered Sec. 5311, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238.) ' 5312. Annual adjustment of certain 
  benefit rates (a) Whenever there is an increase in benefit amounts 
  payable under title II of the Social Security Act (42 U.S.C. 401 et 
seq.) as a result of a determination made under section 215(i) of such 
 Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of 
such increase in benefit amounts, increase each maximum annual rate of 
pension under sections 1521, 1541, and 1542 of this title, the rate of 
increased pension paid under such sections 1521 and 1541 on account of 
children, and each rate of monthly allowance paid under section 1805 of 
this title, as such rates were in effect immediately prior to the date 
   of such increase in benefit amounts payable under title II of the 
Social Security Act, by the same percentage as the percentage by which 
    such benefit amounts are increased. (b)(1) Whenever there is an 
   increase in benefit amounts payable under title II of the Social 
  Security Act (42 U.S.C. 401 et seq.) as a result of a determination 
made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 
   shall, effective on the date of such increase in benefit amounts, 
    increase the maximum monthly rates of dependency and indemnity 
 compensation for parents payable under subsections (b), (c), and (d), 
  and the monthly rate provided in subsection (g), of section 1315 of 
this title and the annual income limitations prescribed in subsections 
  (b)(3), (c)(3), and (d)(3) of such section, and the annual benefit 
amount limitations under sections 5507(c)(2)(D) and 5508 of this title, 
 as such rates and limitations were in effect immediately prior to the 
date of such increase in benefit amounts payable under title II of the 
Social Security Act, by the same percentage as the percentage by which 
    such benefit amounts are increased. (2)(A) Whenever there is an 
   increase under paragraph (1) of this subsection in such rates and 
 annual income limitations, the Secretary shall, effective on the date 
of such increase in such rates and limitations, adjust (as provided in 
    subparagraph (B) of this paragraph) the rates of dependency and 
  indemnity compensation payable under subsection (b)(1) or (c)(1) of 
 section 1315 of this title to any parent whose annual income is more 
  than $800 but not more than the annual income limitation in effect 
under subsection (b)(3) or (c)(3) of such section, as appropriate, and 
 adjust the rates of such compensation payable under subsection (d)(1) 
 of such section to any parent whose annual income is more than $1,000 
    but not more than the annual income limitation in effect under 
   subsection (d)(3) of such section. (B) The adjustment in rates of 
 dependency and indemnity compensation referred to in subparagraph (A) 
  of this paragraph shall be made by the Secretary in accordance with 
regulations which the Secretary shall prescribe. (c)(1) Whenever there 
  is an increase under subsection (a) in benefit rates payable under 
sections 1521, 1541, 1542, and 1805 of this title and an increase under 
  subsection (b) in benefit rates and annual income limitations under 
section 1315 of this title, the Secretary shall publish such rates and 
  limitations (including those rates adjusted by the Secretary under 
   subsection (b)(2) of this section), as increased pursuant to such 
 subsections, in the Federal Register at the same time as the material 
required by section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 
 415(i)(2)(D)) is published by reason of a determination under section 
  215(i) of such Act (42 U.S.C. 415(i)). (2) Whenever such rates and 
income limitations are so increased, the Secretary may round such rates 
   and income limitations in such manner as the Secretary considers 
 equitable and appropriate for ease of administration. (Added Pub. L. 
 95588, title III, Sec. 305(a), Nov. 4, 1978, 92 Stat. 2507, 
 Sec. 3112; amended Pub. L. 97295, Sec. 4(76), Oct. 12, 1982, 
96 Stat. 1311; renumbered Sec. 5312, Pub. L. 10240, title IV, 
  Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, 
Sec. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; 
 Pub. L. 104 204, title IV, Sec. 421(c), Sept. 26, 1996, 110 
Stat. 2926; Pub. L. 108454, title V, Sec. 506, Dec. 10, 2004, 
  118 Stat. 3622.) ' 5313. Limitation on payment of compensation and 
   dependency and indemnity compensation to persons incarcerated for 
conviction of a felony (a)(1) To the extent provided in subsection (d) 
   of this section, any person who is entitled to compensation or to 
  dependency and indemnity compensation and who is incarcerated in a 
   Federal, State, local, or other penal institution or correctional 
   facility for a period in excess of sixty days for conviction of a 
felony shall not be paid such compensation or dependency and indemnity 
 compensation, for the period beginning on the sixty-first day of such 
  incarceration and ending on the day such incarceration ends, in an 
 amount that exceeds (A) in the case of a veteran with a service-
     connected disability rated at 20 percent or more, the rate of 
compensation payable under section 1114(a) of this title; or (B) in the 
 case of a veteran with a service-connected disability not rated at 20 
percent or more or in the case of a surviving spouse, parent, or child, 
 one-half of the rate of compensation payable under section 1114(a) of 
  this title. (2) The provisions of paragraph (1) of this subsection 
  shall not apply with respect to any period during which a person is 
  participating in a work-release program or is residing in a halfway 
house. (b)(1) All or any part of the compensation not paid to a veteran 
 by reason of subsection (a) of this section may, as appropriate in an 
individual case, be apportioned under the same terms and conditions as 
 are provided under section 5307 of this title. (2) All or any part of 
   the dependency and indemnity compensation not paid to a surviving 
  spouse or child by reason of subsection (a) of this section may, as 
 appropriate in an individual case, be apportioned as follows: (A) In 
    the case of dependency and indemnity compensation not paid to a 
surviving spouse, any apportionment shall be to the surviving child or 
children. (B) In the case of dependency and indemnity compensation not 
paid to a surviving child, any apportionment shall be to the surviving 
spouse or other surviving children, as applicable. (3) No apportionment 
may be made under this subsection to or on behalf of any person who is 
incarcerated in a Federal, State, local, or other penal institution or 
  correctional facility for conviction of a felony. (c) The Secretary 
 shall not assign to any veteran a rating of total disability based on 
the individual unemployability of the veteran resulting from a service-
  connected disability during any period during which the veteran is 
incarcerated in a Federal, State, local, or other penal institution or 
correctional facility for conviction of a felony. (d) The provisions of 
  subsection (a) of this section shall apply (1) with respect to any 
    period of incarceration of a person for conviction of a felony 
committed after October 7, 1980, and (2) with respect to any period of 
 incarceration on or after October 1, 1980, for conviction of a felony 
 of a person who on October 1, 1980, is incarcerated for conviction of 
 such felony and with respect to whom the action granting an award of 
 compensation or dependency and indemnity compensation is taken on or 
  after such date. (e) For purposes of this section (1) The term 
    compensation includes disability 
  compensation payable under section 1151 of this title. (2) The term 
  dependency and indemnity compensation 
  means death compensation payable under section 1121 or 1141 of this 
  title, death compensation and dependency and indemnity compensation 
payable under section 1151 of this title, and any benefit payable under 
chapter 13 of this title. (Added Pub. L. 96385, title V, Sec. 
    504(a), Oct. 7, 1980, 94 Stat. 1534, Sec. 3113; amended Pub. L. 
98160, title VII, Sec. 702(17), Nov. 21, 1983, 97 Stat. 1010; 
renumbered Sec. 5313 and amended Pub. L. 10240, title IV, Sec. 
      402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
10283, Sec. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
 404406; Pub. L. 105368, title X, Sec. 1005(b)(16), 
 Nov. 11, 1998,112 Stat. 3365; Pub. L. 109461, title X, Sec. 
1002(f), Dec. 22, 2006, 120 Stat. 3465.) ' 5313A. Limitation on payment 
of clothing allowance to incarcerated veterans In the case of a veteran 
    who is incarcerated in a Federal, State, local, or other penal 
institution or correctional facility for a period in excess of 60 days 
 and who is furnished clothing without charge by the institution, the 
 amount of any annual clothing allowance payable to the veteran under 
section 1162 of this title shall be reduced by an amount equal to 1/365 
of the amount of the allowance otherwise payable under that section for 
 each day on which the veteran was so incarcerated during the 12-month 
 period preceding the date on which payment of the allowance would be 
due. This section shall be carried out under regulations prescribed by 
 the Secretary. (Added Pub. L. 104275, title V, Sec. 502(a), 
Oct. 9, 1996, 110 Stat. 3341; amended Pub. L. 109461, title X, 
 Sec. 1002(g), Dec. 22, 2006, 120 Stat. 3465.) ' 5313B. Prohibition on 
  providing certain benefits with respect to persons who are fugitive 
felons (a) A veteran who is otherwise eligible for a benefit specified 
 in subsection (c) may not be paid or otherwise provided such benefit 
    for any period during which such veteran is a fugitive felon. A 
    dependent of a veteran who is otherwise eligible for a benefit 
specified in subsection (c) may not be paid or otherwise provided such 
benefit for any period during which such veteran or such dependent is a 
    fugitive felon. (b) For purposes of this section: (1) The term 
 fugitive felon means a person who is a 
fugitive by reason of (A) fleeing to avoid prosecution, or custody 
   or confinement after conviction, for an offense, or an attempt to 
 commit an offense, which is a felony under the laws of the place from 
 which the person flees; or (B) violating a condition of probation or 
 parole imposed for commission of a felony under Federal or State law. 
   (2) The term felony includes a high 
   misdemeanor under the laws of a State which characterizes as high 
misdemeanors offenses that would be felony offenses under Federal law. 
 (3) The term dependent means a spouse, 
   surviving spouse, child, or dependent parent of a veteran. (c) A 
  benefit specified in this subsection is a benefit under any of the 
following: (1) Chapter 11 of this title. (2) Chapter 13 of this title. 
(3) Chapter 15 of this title. (4) Chapter 17 of this title. (5) Chapter 
19 of this title. (6) Chapter 30, 31, 32, 34, or 35 of this title. (7) 
  Chapter 37 of this title. (d)(1) The Secretary shall furnish to any 
  Federal, State, or local law enforcement official, upon the written 
 request of such official, the most current address maintained by the 
   Secretary of a person who is eligible for a benefit specified in 
subsection (c) if such official (A) provides to the Secretary such 
information as the Secretary may require to fully identify the person; 
(B) identifies the person as being a fugitive felon; and (C) certifies 
 to the Secretary that apprehending such person is within the official 
 duties of such official. (2) The Secretary shall enter into memoranda 
 of understanding with Federal law enforcement agencies, and may enter 
  into agreements with State and local law enforcement agencies, for 
  purposes of furnishing information to such agencies under paragraph 
(1). (Added Pub. L. 107103, title V, Sec. 505(a)(1), Dec. 27, 
   2001, 115 Stat. 995.) ' 5314. Indebtedness offsets (a) Subject to 
  subsections (b) and (d) of this section and section 3485(e) of this 
title, the Secretary shall (unless the Secretary waives recovery under 
 section 5302 of this title) deduct the amount of the indebtedness of 
any person who has been determined to be indebted to the United States 
by virtue of such persons participation in a benefits program 
administered by the Secretary from future payments made to such person 
under any law administered by the Secretary. (b) Deductions may not be 
     made under subsection (a) of this section with respect to the 
   indebtedness of a person described in such subsection unless the 
Secretary (1) has made reasonable efforts to notify such person of 
       such persons right to dispute through prescribed 
 administrative processes the existence or amount of such indebtedness 
    and of such persons right to request a waiver of such 
     indebtedness under section 5302 of this title; (2) has made a 
   determination with respect to any such dispute or request or has 
 determined that the time required to make such a determination before 
 making deductions would jeopardize the Secretarys ability to 
 recover the full amount of such indebtedness through deductions from 
   such payments; and (3) has made reasonable efforts to notify such 
     person about the proposed deductions from such payments. (c) 
Notwithstanding any other provision of this title or of any other law, 
the authority of the Secretary to make deductions under this section or 
 to take other administrative action authorized by law for the purpose 
   of collecting an indebtedness described in subsection (a) of this 
 section, or for the purpose of determining the creditworthiness of a 
   person who owes such an indebtedness, shall not be subject to any 
 limitation with respect to the time for bringing civil actions or for 
    commencing administrative proceedings. (d) The Secretary shall 
 prescribe regulations for the administration of this section. (Added 
  Pub. L. 96466, title VI, Sec. 605(a)(1), Oct. 17, 1980, 94 
 Stat. 2209, Sec. 3114; amended Pub. L. 10216, Sec. 6(b)(3), 
 Mar. 22, 1991, 105 Stat. 51; renumbered Sec. 5314 and amended Pub. L. 
10240, title IV, Sec. 402(b)(1), (d)(1), May7, 1991, 105 Stat. 
    238, 239; Pub. L. 10283, Sec. 4(a)(1), (b)(1), (2)(E), 
5(c)(1), Aug. 6, 1991, 105 Stat. 403406.) ' 5315. Interest and 
 administrative cost charges on delinquent payments of certain amounts 
 due the UnitedStates (a) Notwithstanding any other provision of this 
 title or of any other law and subject to sections 3485(e) and 5302 of 
    this title, interest and administrative costs (as described in 
   subsections (b) and (c) of this section) shall be charged, under 
regulations which the Secretary shall prescribe, on any amount owed to 
    the United States (1) for an indebtedness resulting from a 
 persons participation in a benefits program administered by 
   the Secretary other than a loan, loan-guaranty, or loan-insurance 
 program; (2) for an indebtedness resulting from the provision of care 
 or services under chapter 17 of this title; or (3) to the extent not 
   precluded by the terms of the loan instruments concerned, for an 
   indebtedness resulting from a persons participation in a 
 program of loans, loan guaranties, or loan insurance administered by 
 the Secretary under this title. (b)(1) Interest on the amount of any 
 indebtedness described in subsection (a) of this section shall accrue 
  from the day on which the initial notification of the amount due is 
   mailed to the person who owes such amount (using the most current 
    address of such person that is available to the Secretary), but 
  interest under this section shall not be charged (A) for any period 
  before October 17, 1980, or (B) if the amount due is paid within a 
  reasonable period of time. The Secretary shall, in the regulations 
 prescribed pursuant to subsection (a) of this section, prescribe what 
constitutes a reasonable period of time for payment of an indebtedness 
after the initial notification of indebtedness has been mailed. (2) The 
rate of interest to be charged under this section shall be based on the 
rate of interest paid by the United States for its borrowing and shall 
    be determined by the Secretary under such regulations. (c) The 
 administrative costs to be charged under this section with respect to 
   an amount owed to the United States shall be so much of the costs 
    incurred by the United States in collecting such amount as the 
  Secretary determines, under such regulations, to be reasonable and 
 appropriate. (Added Pub. L. 96466, title VI, Sec. 605(a)(1), 
       Oct. 17, 1980, 94 Stat. 2210, Sec. 3115; amended Pub. L. 
 10216, Sec. 6(b)(4), Mar. 22, 1991, 105 Stat. 51; renumbered 
Sec. 5315 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
       4(a)(1), (b)(1), (2)(E), 5(C)(1), Aug. 6, 1991, 105 Stat. 
 403406; Pub. L. 105368, title X, Sec. 1005(b)(17), 
  Nov. 11, 1998, 112 Stat. 3365.) ' 5316. Authority to sue to collect 
  certain debts (a)(1) The Secretary shall take appropriate steps to 
authorize attorneys employed by the Department to exercise, subject to 
  paragraphs (2) and (3) of this subsection, the right of the United 
States to bring suit in any court of competent jurisdiction to recover 
  any indebtedness owed to the United States by a person by virtue of 
such persons participation in a benefits program administered 
   by the Secretary. (2) No suit may be filed under this section to 
recover any indebtedness owed by any person to the United States unless 
  the Secretary has determined, under regulations which the Secretary 
 shall prescribe, that such person has failed to respond appropriately 
to reasonable administrative efforts to collect such indebtedness. (3) 
The activities of attorneys employed by the Department in bringing suit 
under this section shall be subject to the direction and supervision of 
    the Attorney General of the United States and to such terms and 
 conditions as the Attorney General may prescribe. (b) Nothing in this 
 section shall derogate from the authority of the Attorney General of 
the United States under sections 516 and 519 of title 28 to direct and 
  supervise all litigation to which the United States or an agency or 
officer of the United States is a party. (Added Pub. L. 96466, 
  title VI, Sec. 605(a)(1), Oct. 17, 1980, 94 Stat. 2211, Sec. 3116; 
renumbered Sec. 5316, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; amended Pub. L. 10254, Sec. 
 14(d)(3), June 13, 1991, 105 Stat. 285; Pub. L. 10283, Sec. 
      4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
    403405.) ' 5317. Use of income information from other 
 agencies: notice and verification (a) The Secretary shall notify each 
applicant for a benefit or service described in subsection (c) of this 
   section that income information furnished by the applicant to the 
 Secretary may be compared with information obtained by the Secretary 
   from the Commissioner of Social Security or the Secretary of the 
Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue Code 
  of 1986. The Secretary shall periodically transmit to recipients of 
 such benefits and services additional notifications of such matters. 
 (b) The Secretary may not, by reason of information obtained from the 
Commissioner of Social Security or the Secretary of the Treasury under 
   section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986, 
terminate, deny, suspend, or reduce any benefit or service described in 
 subsection (c) of this section until the Secretary takes appropriate 
 steps to verify independently information relating to the following: 
   (1) The amount of the asset or income involved. (2) Whether such 
individual actually has (or had) access to such asset or income for the 
   individuals own use. (3) The period or periods when the 
  individual actually had such asset or income. (c) The benefits and 
  services described in this subsection are the following: (1) Needs-
based pension benefits provided under chapter 15 of this title or under 
   any other law administered by the Secretary. (2) Parents 
 dependency and indemnity compensation provided under section 1315 of 
   this title. (3) Health-care services furnished under subsections 
     (a)(2)(G), (a)(3), and (b) of section 1710 of this title. (4) 
  Compensation paid under chapter 11 of this title at the 100 percent 
  rate based solely on unemployability and without regard to the fact 
   that the disability or disabilities are not rated as 100 percent 
 disabling under the rating schedule. (d) In the case of compensation 
   described in subsection (c)(4) of this section, the Secretary may 
  independently verify or otherwise act upon wage or self-employment 
 information referred to in subsection (b) of this section only if the 
 Secretary finds that the amount and duration of the earnings reported 
in that information clearly indicate that the individual may no longer 
be qualified for a rating of total disability. (e) The Secretary shall 
  inform the individual of the findings made by the Secretary on the 
basis of verified information under subsection (b) of this section, and 
 shall give the individual an opportunity to contest such findings, in 
 the same manner as applies to other information and findings relating 
 to eligibility for the benefit or service involved. (f) The Secretary 
   shall pay the expenses of carrying out this section from amounts 
    available to the Department for the payment of compensation and 
pension. (g) The authority of the Secretary to obtain information from 
 the Secretary of the Treasury or the Commissioner of Social Security 
under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986 
 expires on September 30, 2011. (Added Pub. L. 101508, title 
VIII, Sec. 8051(b)(1), Nov. 5, 1990, 104 Stat. 1388 350, Sec. 
  3117; renumbered Sec. 5317, Pub. L. 10240, title IV, Sec. 
402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, 
  Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102568, 
     title VI, Sec. 602(a), Oct. 29, 1992, 106 Stat. 4342; Pub. L. 
 10366, title XII, Sec. 12004, Aug. 10, 1993, 107 Stat. 414; 
  Pub. L. 104262, title I, Sec. 101(e)(3), Oct. 9, 1996, 110 
  Stat. 3181; Pub. L. 10533, title VIII, Sec. 8014, Aug. 5, 
 1997, 111 Stat. 664; Pub. L. 106419, title IV, Sec. 402(d), 
Nov. 1, 2000, 114 Stat. 1863; Pub. L. 108183, title VII, Sec. 
  708(c)(3), Dec. 16, 2003, 117 Stat. 2674; Pub. L. 110389, 
 title VIII, Sec. 802, Oct. 10, 2008, 122 Stat. 4185.) ' 5317A. Use of 
   income information from other agencies: independent verification 
   required before termination or reduction of certain benefits and 
 services (a) INDEPENDENT VERIFICATION REQUIRED.The Secretary may 
terminate, deny, suspend, or reduce any benefit or service specified in 
 section 5317(c), with respect to an individual under age 65 who is an 
 applicant for or recipient of such a benefit or service, by reason of 
 information obtained from the Secretary of Health and Human Services 
   under section 453(j)(11) of the Social Security Act, only if the 
 Secretary takes appropriate steps to verify independently information 
    relating to the individuals employment and income from 
  employment. (b) OPPORTUNITY TO CONTEST FINDINGS.The Secretary 
shall inform each individual for whom the Secretary terminates, denies, 
suspends, or reduces any benefit or service under subsection (a) of the 
 findings made by the Secretary under such subsection on the basis of 
verified information and shall provide to the individual an opportunity 
    to contest such findings in the same manner as applies to other 
  information and findings relating to eligibility for the benefit or 
service involved. (c) SOURCE OF FUNDS FOR REIMBURSEMENT TO SECRETARY OF 
 HEALTH AND HUMAN SERVICES.The Secretary shall pay the expense of 
 reimbursing the Secretary of Health and Human Services in accordance 
  with section 453(j)(11)(E) of the Social Security Act, for the cost 
 incurred by the Secretary of Health and Human Services in furnishing 
information requested by the Secretary under section 453(j)(11) of such 
   Act, from amounts available to the Department for the payment of 
    compensation and pensions. (d) EXPIRATION OF AUTHORITY.The 
authority under this section shall expire on September 30, 2011. (Added 
Pub. L. 110157, title III, Sec. 301(b)(1), Dec. 26, 2007, 121 
  Stat. 1835) ' 5318. Review of Social Security Administration death 
information (a) The Secretary shall periodically compare Department of 
     Veterans Affairs information regarding persons to or for whom 
 compensation or pension is being paid with information in the records 
of the Social Security Administration relating to persons who have died 
 for the purposes of (1) determining whether any such persons to 
whom compensation and pension is being paid are deceased; (2) ensuring 
  that such payments to or for any such persons who are deceased are 
  terminated in a timely manner; and (3) ensuring that collection of 
 overpayments of such benefits resulting from payments after the death 
    of such persons is initiated in a timely manner. (b) The Social 
Security Administration death information referred to in subsection (a) 
of this section is death information available to the Secretary from or 
     through the Commissioner of Social Security, including death 
 information available to the Commissioner from a State, pursuant to a 
   memorandum of understanding entered into by the Secretary and the 
   Commissioner. Any such memorandum of understanding shall include 
 safeguards to assure that information made available under it is not 
used for unauthorized purposes or improperly disclosed. (Added Pub. L. 
 101508, title VIII, Sec. 8053(b)(1), Nov. 5, 1990, 104 Stat. 
      1388 352, Sec. 3118; renumbered Sec. 5318, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
amended Pub. L. 108183, title VII, Sec. 708(c)(4)(A), (B)(i), 
   Dec. 16, 2003, 117 Stat. 2674.) ' 5319. Limitations on access to 
 financial records (a) The Secretary may make a request referred to in 
   section 1113(p) of the Right to Financial Privacy Act of 1978 (12 
  U.S.C. 3413(p)) only if the Secretary determines that the requested 
    information (1) is necessary in order for the Secretary to 
 administer the provisions of law referred to in that section; and (2) 
cannot be secured by a reasonable search of records and information of 
the Department. (b) The Secretary shall include a certification of the 
determinations referred to in subsection (a) in each request presented 
  to a financial institution. (c) Information disclosed pursuant to a 
   request referred to in subsection (a) may be used solely for the 
     purpose of the administration of benefits programs under laws 
     administered by the Secretary if, except for the exemption in 
 subsection (a), the disclosure of that information would otherwise be 
 prohibited by any provision of the Right to Financial Privacy Act of 
 1978. (Added Pub. L. 102568, title VI, Sec. 603(b)(1), Oct. 
 29, 1992, 106 Stat. 4342.) CHAPTER 55 OF TITLE 38, UNITED STATES CODE 
[As Amended Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART IVGENERAL 
ADMINISTRATIVE PROVISIONS CHAPTER 55MINORS, INCOMPETENTS, 
 AND OTHER WARDS Sec. 5501. Commitment actions. 5502. Payments to and 
supervision of fiduciaries. 5503. Hospitalized veterans and estates of 
 incompetent institutionalized veterans. 5504. Administration of trust 
             funds. [5505. Repealed.] 5506. Definition of 
fiduciary. 5507. Inquiry, investigations, 
  and qualification of fiduciaries. 5508. Periodic onsite reviews of 
  institutional fiduciaries. 5509. Authority to require fiduciary to 
receive payments at regional offices of the Department when failing to 
 provide required accounting. 5510. Annual report. ' 5501. Commitment 
    actions The Secretary may incur necessary court costs and other 
    expenses incident to proceedings for the commitment of mentally 
   incompetent veterans to a Department hospital or domiciliary when 
       necessary for treatment or domiciliary purposes. (Pub. L. 
  85857, Sept. 2, 1958, 72 Stat. 1232, Sec. 3201; renumbered 
  Sec. 5501, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
1991, 105 Stat. 238; amended Pub. L. 10283, Sec. 4(a)(3), (4), 
(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 5502. Payments to 
and supervision of fiduciaries (a)(1) Where it appears to the Secretary 
 that the interest of the beneficiary would be served thereby, payment 
  of benefits under any law administered by the Secretary may be made 
 directly to the beneficiary or to a relative or some other fiduciary 
  for the use and benefit of the beneficiary, regardless of any legal 
disability on the part of the beneficiary. Where, in the opinion of the 
  Secretary, any fiduciary receiving funds on behalf of a Department 
     beneficiary is acting in such a number of cases as to make it 
  impracticable to conserve properly the estates or to supervise the 
 persons of the beneficiaries, the Secretary may refuse to make future 
payments in such cases as the Secretary may deem proper. (2) In a case 
  in which the Secretary determines that a commission is necessary in 
order to obtain the services of a fiduciary in the best interests of a 
 beneficiary, the Secretary may authorize a fiduciary appointed by the 
Secretary to obtain from the beneficiarys estate a reasonable 
commission for fiduciary services rendered, but the commission for any 
   year may not exceed 4 percent of the monetary benefits under laws 
administered by the Secretary paid on behalf of the beneficiary to the 
fiduciary during such year. 777 A commission may not be authorized for 
 a fiduciary who receives any other form of remuneration or payment in 
 connection with rendering fiduciary services for benefits under this 
 title on behalf of the beneficiary. (b) Whenever it appears that any 
 fiduciary, in the opinion of the Secretary, is not properly executing 
or has not properly executed the duties of the trust of such fiduciary 
  or has collected or paid, or is attempting to collect or pay, fees, 
 commissions, or allowances that are inequitable or in excess of those 
 allowed by law for the duties performed or expenses incurred, or has 
failed to make such payments as may be necessary for the benefit of the 
 ward or the dependents of the ward, then the Secretary may appear, by 
  the Secretarys authorized attorney, in the court which has 
appointed such fiduciary, or in any court having original, concurrent, 
or appellate jurisdiction over said cause, and make proper presentation 
of such matters. The Secretary, in the Secretarys discretion, 
may suspend payments to any such fiduciary who shall neglect or refuse, 
  after reasonable notice, to render an account to the Secretary from 
 time to time showing the application of such payments for the benefit 
   of such incompetent or minor beneficiary, or who shall neglect or 
  refuse to administer the estate according to law. The Secretary may 
    require the fiduciary, as part of such account, to disclose any 
additional financial information concerning the beneficiary (except for 
information that is not available to the fiduciary). The Secretary may 
appear or intervene by the Secretarys duly authorized attorney 
in any court as an interested party in any litigation instituted by the 
Secretary or otherwise, directly affecting money paid to such fiduciary 
under this section. (c) Authority is hereby granted for the payment of 
  any court or other expenses incident to any investigation or court 
proceeding for the appointment of any fiduciary or other person for the 
 purpose of payment of benefits payable under laws administered by the 
Secretary or the removal of such fiduciary and appointment of another, 
and of expenses in connection with the administration of such benefits 
 by such fiduciaries, or in connection with any other court proceeding 
 hereby authorized, when such payment is authorized by the Secretary. 
 (d) All or any part of any benefits the payment of which is suspended 
or withheld under this section may, in the discretion of the Secretary, 
  be paid temporarily to the person having custody and control of the 
incompetent or minor beneficiary, to be used solely for the benefit of 
  such beneficiary, or, in the case of an incompetent veteran, may be 
 apportioned to the dependent or dependents, if any, of such veteran. 
Any part not so paid and any funds of a mentally incompetent or insane 
veteran not paid to the chief officer of the institution in which such 
veteran is a patient nor apportioned to the veterans dependent 
or dependents may be ordered held in the Treasury to the credit of such 
 beneficiary. All funds so held shall be disbursed under the order and 
in the discretion of the Secretary for the benefit of such beneficiary 
or the beneficiarys dependents. Any balance remaining in such 
fund to the credit of any beneficiary may be paid to the beneficiary if 
the beneficiary recovers and is found competent, or if a minor, attains 
 majority, or otherwise to the beneficiarys fiduciary, or, in 
         the event of the beneficiarys death, to the 
  beneficiarys personal representative, except as otherwise 
       provided by law; however, payment will not be made to the 
beneficiarys personal representative if, under the law of the 
 beneficiarys last legal residence, the beneficiarys 
   estate would escheat to the State. In the event of the death of a 
 mentally incompetent or insane veteran, all gratuitous benefits under 
laws administered by the Secretary deposited before or after August 7, 
 1959, in the personal funds of patients trust fund on account of such 
   veteran shall not be paid to the personal representative of such 
veteran, but shall be paid to the following persons living at the time 
   of settlement, and in the order named: The surviving spouse, the 
children (without regard to age or marital status) in equal parts, and 
 the dependent parents of such veteran, in equal parts. If any balance 
     remains, such balance shall be deposited to the credit of the 
applicable current appropriation; except that there may be paid only so 
 much of such balance as may be necessary to reimburse a person (other 
    than a political subdivision of the United States) who bore the 
 expenses of last sickness or burial of the veteran for such expenses. 
  No payment shall be made under the two preceding sentences of this 
  subsection unless claim therefor is filed with the Secretary within 
 five years after the death of the veteran, except that, if any person 
 so entitled under said two sentences is under legal disability at the 
time of death of the veteran, such five-year period of limitation shall 
 run from the termination or removal of the legal disability. (e) Any 
  funds in the hands of a fiduciary appointed by a State court or the 
Secretary derived from benefits payable under laws administered by the 
Secretary, which under the law of the State wherein the beneficiary had 
 last legal residence would escheat to the State, shall escheat to the 
   United States and shall be returned by such fiduciary, or by the 
    personal representative of the deceased beneficiary, less legal 
 expenses of any administration necessary to determine that an escheat 
is in order, to the Department, and shall be deposited to the credit of 
 the applicable revolving fund, trust fund, or appropriation. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1232, Sec. 3202; Pub. L. 
    86146, Sec. 1(a), Aug. 7, 1959, 73 Stat. 297; Pub. L. 
92328, title I, Sec. 105(a), June 30, 1972, 86 Stat. 395; Pub. 
  L. 93295, title III, Sec. 301, May 31, 1974, 88 Stat. 183; 
Pub. L. 97295, Sec. 4(77), Oct. 12, 1982, 96 Stat. 1311; Pub. 
  L. 98223, title II, Sec. 207(a), (b)(1), Mar. 2, 1984, 98 
 Stat. 43; Pub. L. 99576, title V, Sec. 505, title VII, Sec. 
701(76), Oct. 28, 1986, 100 Stat. 3287, 3297; renumbered Sec. 5502 and 
amended Pub. L. 10240, title III, Sec. 305(a), title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 210, 238; Pub. L. 10283, 
 Sec. 4(a)(1), (2)(A)(ix), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
 Stat. 403405; Pub. L. 108454, title V, Sec. 501(b), 
   Dec. 10, 2004, 118 Stat. 3617.) ' 5503. Hospitalized veterans and 
 estates of incompetent institutionalized veterans (a)(1)(A) Where any 
veteran having neither spouse nor child is being furnished domiciliary 
care by the Department, no pension in excess of $90 per month shall be 
 paid to or for the veteran for any period after the end of the third 
full calendar month following the month of admission for such care. (B) 
  Except as provided in subparagraph (D) of this paragraph, where any 
veteran having neither spouse nor child is being furnished nursing home 
care by the Department, no pension in excess of $90 per month shall be 
 paid to or for the veteran for any period after the end of the third 
full calendar month following the month of admission for such care. Any 
    amount in excess of $90 per month to which the veteran would be 
  entitled but for the application of the preceding sentence shall be 
deposited in a revolving fund at the Department medical facility which 
furnished the veteran nursing care, and such amount shall be available 
for obligation without fiscal year limitation to help defray operating 
 expenses of that facility. (C) No pension in excess of $90 per month 
 shall be paid to or for a veteran having neither spouse nor child for 
any period after the month in which such veteran is readmitted for care 
described in subparagraph (A) or (B) of this paragraph and furnished by 
  the Department if such veteran is readmitted within six months of a 
period of care in connection with which pension was reduced pursuant to 
subparagraph (A) or (B) of this paragraph. (D) In the case of a veteran 
being furnished nursing home care by the Department and with respect to 
    whom subparagraph (B) of this paragraph requires a reduction in 
 pension, such reduction shall not be made for a period of up to three 
   additional calendar months after the last day of the third month 
 referred to in such subparagraph if the Secretary determines that the 
primary purpose for the furnishing of such care during such additional 
period is for the Department to provide such veteran with a prescribed 
  program of rehabilitation services, under chapter 17 of this title, 
 designed to restore such veterans ability to function within 
     such veterans family and community. If the Secretary 
determines that it is necessary, after such period, for the veteran to 
 continue such program of rehabilitation services in order to achieve 
the purposes of such program and that the primary purpose of furnishing 
nursing home care to the veteran continues to be the provision of such 
     program to the veteran, the reduction in pension required by 
subparagraph (B) of this paragraph shall not be made for the number of 
  calendar months that the Secretary determines is necessary for the 
veteran to achieve the purposes of such program. (2) The provisions of 
 paragraph (1) shall also apply to a veteran being furnished such care 
who has a spouse but whose pension is payable under section 1521(b) of 
this title. In such a case, the Secretary may apportion and pay to the 
spouse, upon an affirmative showing of hardship, all or any part of the 
  amounts in excess of the amount payable to the veteran while being 
 furnished such care which would be payable to the veteran if pension 
 were payable under section 1521(c) of this title. (b) Notwithstanding 
 any other provision of this section or any other provision of law, no 
 reduction shall be made in the pension of any veteran for any part of 
the period during which the veteran is furnished hospital treatment, or 
institutional or domiciliary care, for Hansens disease, by the 
   United States or any political subdivision thereof. (c) Where any 
  veteran in receipt of an aid and attendance allowance described in 
 section 1114(r) of this title is hospitalized at Government expense, 
 such allowance shall be discontinued from the first day of the second 
  calendar month which begins after the date of the veterans 
admission for such hospitalization for so long as such hospitalization 
 continues. Any discontinuance required by administrative regulation, 
  during hospitalization of a veteran by the Department, of increased 
   pension based on need of regular aid and attendance or additional 
 compensation based on need of regular aid and attendance as described 
 in subsection (l) or (m) of section 1114 of this title, shall not be 
effective earlier than the first day of the second calendar month which 
     begins after the date of the veterans admission for 
hospitalization. In case a veteran affected by this subsection leaves a 
     hospital against medical advice and is thereafter admitted to 
hospitalization within six months from the date of such departure, such 
 allowance, increased pension, or additional compensation, as the case 
may be, shall be discontinued from the date of such readmission for so 
long as such hospitalization continues. (d)(1) For the purposes of this 
           subsection (A) the term Medicaid 
   plan means a State plan for medical assistance 
 referred to in section 1902(a) of the Social Security Act (42 U.S.C. 
            1396a(a)); and (B) the term nursing 
   facility means a nursing facility described in 
section 1919 of such Act (42 U.S.C. 1396r), other than a facility that 
  is a State home with respect to which the Secretary makes per diem 
  payments for nursing home care pursuant to section 1741(a) of this 
title. (2) If a veteran having neither spouse nor child is covered by a 
    Medicaid plan for services furnished such veteran by a nursing 
facility, no pension in excess of $90 per month shall be paid to or for 
the veteran for any period after the month of admission to such nursing 
facility. (3) Notwithstanding any provision of title XIX of the Social 
    Security Act, the amount of the payment paid a nursing facility 
pursuant to a Medicaid plan for services furnished a veteran may not be 
  reduced by any amount of pension permitted to be paid such veteran 
under paragraph (2) of this subsection. (4) A veteran is not liable to 
 the United States for any payment of pension in excess of the amount 
 permitted under this subsection that is paid to or for the veteran by 
   reason of the inability or failure of the Secretary to reduce the 
 veterans pension under this subsection unless such inability 
  or failure is the result of a willful concealment by the veteran of 
    information necessary to make a reduction in pension under this 
 subsection. (5)(A) The provisions of this subsection shall apply with 
  respect to a surviving spouse having no child in the same manner as 
   they apply to a veteran having neither spouse nor child. (B) The 
   provisions of this subsection shall apply with respect to a child 
entitled to pension under section 1542 of this title in the same manner 
  as they apply to a veteran having neither spouse nor child. (6) The 
 costs of administering this subsection shall be paid for from amounts 
  available to the Department of Veterans Affairs for the payment of 
compensation and pension. (7) This subsection expires on May 31, 2015. 
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1234, Sec. 3203; Pub. 
 L. 86146, Sec. 1(b), 2, Aug. 7, 1959, 73 Stat. 298; Pub. L. 
     86211, Sec. 6, Aug. 29, 1959, 73 Stat. 435; Pub. L. 
     87544, Sec. 1, July 25, 1962, 76 Stat. 208; Pub. L. 
     87556, Sec. 1, July 27, 1962, 76 Stat. 245; Pub. L. 
    87645, Sec. 2(b), Sept. 7, 1962, 76 Stat. 441; Pub. L. 
    88450, Sec. 5(a), Aug. 19, 1964, 78 Stat. 504; Pub. L. 
     89362, Sec. 1, 2, Mar. 7, 1966, 80 Stat. 30; Pub. L. 
      9124, Sec. 10, June 11, 1969, 83 Stat. 34; Pub. L. 
92328, title I, Sec. 104, June 30, 1972, 86 Stat. 394; Pub. L. 
      93177, Sec. 5, Dec. 6, 1973, 87 Stat. 696; Pub. L. 
95588, title III, Sec. 307, Nov. 4, 1978, 92 Stat. 2510; Pub. 
 L. 96385, title V, Sec. 503(b), Oct. 7, 1980, 94 Stat. 1534; 
  Pub. L. 9766, title VI, Sec. 602, Oct. 17, 1981, 95 Stat. 
1034; Pub. L. 98160, title VII, Sec. 703(4), Nov. 21, 1983, 97 
  Stat. 1010; Pub. L. 98543, title IV, Sec. 402(a), Oct. 24, 
 1984, 98 Stat. 2749; Pub. L. 99576, title VII, Sec. 701(77), 
 Oct. 28, 1986, 100 Stat. 3298; Pub. L. 101237, title I, Sec. 
 111(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 101508, title 
     VIII, Sec. 8003(a), Nov. 5, 1990, 104 Stat. 1388342; 
  renumbered Sec. 5503 and amended Pub. L. 10240, title III, 
Sec. 304(a), title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 209, 238; 
 Pub. L. 10283, Sec. 4(a)(2)(A)(x), (3), (4), (b)(1), (2)(E), 
       5(c)(1), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 
  10286, title I, Sec. 101(a), Aug. 14, 1991, 105 Stat. 414; 
 Pub. L. 102568, title VI, Sec. 601(a)(c), Oct. 29, 
 1992, 106 Stat. 4341; Pub. L. 10366, title XII, Sec. 12005, 
Aug. 10, 1993, 107 Stat. 414; Pub. L. 10533, title VIII, Sec. 
 8015, Aug. 5, 1997, 111 Stat. 664; Pub. L. 105368, title IX, 
 Sec. 904(a), Nov. 11, 1998, 112 Stat. 3361; Pub. L. 106419, 
  title III, Sec. 304, title IV, Sec. 402(e), Nov. 1, 2000, 114 Stat. 
 1853, 1863; Pub. L. 107103, title II, Sec. 204(a), title V, 
 Sec. 504, Dec. 27, 2001, 115 Stat. 990, 995; Pub. L. 111275, 
  title VI, Secs. 601(b)(2), 606, 607, Oct. 13, 2010, 124 Stat. 2884, 
 2886.) ' 5504. Administration of trust funds All cash balances in the 
personal funds of patients and the funds due incompetent beneficiaries 
  trust funds administered by the Secretary, and all moneys received 
  which are properly for deposit into these funds, may be deposited, 
    respectively, into deposit fund accounts with the United States 
 Treasury and such balances and deposits shall thereupon be available 
 for disbursement for properly authorized purposes. When any balances 
 have been on deposit with the Treasurer of the United States for more 
   than one year and represent moneys belonging to individuals whose 
 whereabouts are unknown, they shall be transferred and disposed of as 
directed in section 1322(a) of title 31. (Pub. L. 85857, Sept. 
    2, 1958, 72 Stat. 1235, Sec. 3204; Pub. L. 97258, Sec. 
 3(k)(5), Sept. 13, 1982, 96 Stat. 1065; renumbered Sec. 5504, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
Pub. L. 10283, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403.) x' 
5505. Repealed. Pub. L. 103446, title XII, Sec. 1201(g)(4)(A), 
      Nov. 2, 1994, 108 Stat. 4687 ' 5506. Definition of 
 fiduciary For purposes of this chapter 
                and chapter 61 of this title, the term 
fiduciary means (1) a person who is 
 a guardian, curator, conservator, committee, or person legally vested 
with the responsibility or care of a claimant (or a claimants 
estate) or of a beneficiary (or a beneficiarys estate); or (2) 
any other person having been appointed in a representative capacity to 
receive money paid under any of the laws administered by the Secretary 
for the use and benefit of a minor, incompetent, or other beneficiary. 
(Added Pub. L. 108454, title V, Sec. 501(a)(1), Dec. 10, 2004, 
118 Stat. 3617.) ' 5507. Inquiry, investigations, and qualification of 
 fiduciaries (a) Any certification of a person for payment of benefits 
of a beneficiary to that person as such beneficiarys fiduciary 
under section 5502 of this title shall be made on the basis of (1) 
  an inquiry or investigation by the Secretary of the fitness of that 
  person to serve as fiduciary for that beneficiary, such inquiry or 
       investigation (A) to be conducted in advance of such 
certification; (B) to the extent practicable, to include a face-to-face 
   interview with such person; and (C) to the extent practicable, to 
  include a copy of a credit report for such person issued within one 
  year of the date of the proposed appointment; (2) adequate evidence 
that certification of that person as fiduciary for that beneficiary is 
  in the interest of such beneficiary (as determined by the Secretary 
  under regulations); and (3) the furnishing of any bond that may be 
required by the Secretary. (b) As part of any inquiry or investigation 
    of any person under subsection (a), the Secretary shall request 
 information concerning whether that person has been convicted of any 
 offense under Federal or State law which resulted in imprisonment for 
   more than one year. If that person has been convicted of such an 
 offense, the Secretary may certify the person as a fiduciary only if 
the Secretary finds that the person is an appropriate person to act as 
fiduciary for the beneficiary concerned under the circumstances. (c)(1) 
  In the case of a proposed fiduciary described in paragraph (2), the 
 Secretary, in conducting an inquiry or investigation under subsection 
  (a)(1), may carry out such inquiry or investigation on an expedited 
 basis that may include waiver of any specific requirement relating to 
   such inquiry or investigation, including the otherwise applicable 
 provisions of subparagraphs (A), (B), and (C) of such subsection. Any 
 such inquiry or investigation carried out on such an expedited basis 
shall be carried out under regulations prescribed for purposes of this 
section. (2) Paragraph (1) applies with respect to a proposed fiduciary 
   who is (A) the parent (natural, adopted, or stepparent) of a 
beneficiary who is a minor; (B) the spouse or parent of an incompetent 
  beneficiary; (C) a person who has been appointed a fiduciary of the 
    beneficiary by a court of competent jurisdiction; or (D) being 
   appointed to manage an estate where the annual amount of veterans 
   benefits to be managed by the proposed fiduciary does not exceed 
    $3,600, as adjusted pursuant to section 5312 of this title. (d) 
  TEMPORARY FIDUCIARIES.When in the opinion of the Secretary, a 
  temporary fiduciary is needed in order to protect the assets of the 
  beneficiary while a determination of incompetency is being made or 
  appealed or a fiduciary is appealing a determination of misuse, the 
 Secretary may appoint one or more temporary fiduciaries for a period 
 not to exceed 120 days. If a final decision has not been made within 
    120 days, the Secretary may not continue the appointment of the 
    fiduciary without obtaining a court order for appointment of a 
guardian, conservator, or other fiduciary under the authority provided 
in section 5502(b) of this title. (Added Pub. L. 108454, title 
V, Sec. 502(a), Dec. 10, 2004, 118 Stat. 3618.) ' 5508. Periodic onsite 
reviews of institutional fiduciaries In addition to such other reviews 
 of fiduciaries as the Secretary may otherwise conduct, the Secretary 
 shall provide for the periodic onsite review of any person or agency 
 located in the United States that receives the benefits payable under 
 laws administered by the Secretary to another individual pursuant to 
 the appointment of such person or agency as a fiduciary under section 
5502(a)(1) of this title in any case in which the fiduciary is serving 
  in that capacity with respect to more than 20 beneficiaries and the 
   total annual amount of such benefits exceeds $50,000, as adjusted 
pursuant to section 5312 of this title. (Added Pub. L. 108454, 
   title V, Sec. 504(a)(1), Dec. 10, 2004, 118 Stat. 3620.) ' 5509. 
Authority to require fiduciary to receive payments at regional offices 
   of the Department when failing to provide required accounting (a) 
   REQUIRED REPORTS AND ACCOUNTINGS.The Secretary may require a 
   fiduciary to file a report or accounting pursuant to regulations 
 prescribed by the Secretary. (b) ACTIONS UPON FAILURE TO FILE.In 
 any case in which a fiduciary fails to submit a report or accounting 
  required by the Secretary under subsection (a), the Secretary may, 
after furnishing notice to such fiduciary and the beneficiary entitled 
  to such payment of benefits, require that such fiduciary appear in 
person at a regional office of the Department serving the area in which 
the beneficiary resides in order to receive such payments. (Added Pub. 
 L. 108454, title V, Sec. 504(a)(1), Dec. 10, 2004, 118 Stat. 
3621.) ' 5510. Annual report The Secretary shall include in the Annual 
    Benefits Report of the Veterans Benefits Administration or the 
   Secretarys Annual Performance and Accountability Report 
 information concerning fiduciaries who have been appointed to receive 
     payments for beneficiaries of the Department. As part of such 
 information, the Secretary shall separately set forth the following: 
 (1) The number of beneficiaries in each category (veteran, surviving 
   spouse, child, adult disabled child, or parent). (2) The types of 
  benefit being paid (compensation, pension, dependency and indemnity 
  compensation, death pension or benefits payable to a disabled child 
   under chapter 18 of this title). (3) The total annual amounts and 
    average annual amounts of benefits paid to fiduciaries for each 
category and type of benefit. (4) The number of fiduciaries who are the 
      spouse, parent, legal custodian, court-appointed fiduciary, 
   institutional fiduciary, custodian in fact, and supervised direct 
 payees. (5) The number of cases in which the fiduciary was changed by 
the Secretary because of a finding that benefits had been misused. (6) 
 How such cases of misuse of benefits were addressed by the Secretary. 
    (7) The final disposition of such cases of misuse of benefits, 
  including the number and dollar amount of any benefits reissued to 
beneficiaries. (8) The number of fiduciary cases referred to the Office 
  of the Inspector General and the nature of the actions taken by the 
   Inspector General. (9) The total amount of money recovered by the 
Government in cases arising from the misuse of benefits by a fiduciary. 
  (10) Such other information as the Secretary considers appropriate. 
 (Added Pub. L. 108454, title V, Sec. 505(a), Dec. 10, 2004, 
118 Stat. 3621; amended Pub. L. 111275, title X, Sec. 1001(l), 
 Oct. 13, 2010, 124 Stat. 2897.) CHAPTER 57 OF TITLE 38, UNITED STATES 
 CODE [As Amended Through P.L. 1127, Enacted March 31, 2011] 
xTITLE 38VETERANS BENEFITS xPART IVGENERAL 
     ADMINISTRATIVE PROVISIONS CHAPTER 57RECORDS AND 
INVESTIGATIONS SUBCHAPTER IRECORDS Sec. 5701. Confidential nature 
of claims. 5702. Furnishing of records. 5703. Certification of records 
   of District of Columbia. 5704. Transcript of trial records. 5705. 
   Confidentiality of medical quality-assurance records. SUBCHAPTER 
    IIINVESTIGATIONS 5711. Authority to issue subpoenas. 5712. 
  Validity of affidavits. 5713. Disobedience to subpoena. SUBCHAPTER 
    IIIINFORMATION SECURITY 5721. Purpose. 5722. Policy. 5723. 
   Responsibilities. 5724. Provision of credit protection and other 
  services. 5725. Contracts for data processing or maintenance. 5726. 
  Reports and notice to Congress on data breaches. 5727. Definitions. 
5728. Authorization of appropriations. SUBCHAPTER IRECORDS ' 5701. 
  Confidential nature of claims (a) All files, records, reports, and 
  other papers and documents pertaining to any claim under any of the 
   laws administered by the Secretary and the names and addresses of 
present or former members of the Armed Forces, and their dependents, in 
the possession of the Department shall be confidential and privileged, 
  and no disclosure thereof shall be made except as provided in this 
    section. (b) The Secretary shall make disclosure of such files, 
 records, reports, and other papers and documents as are described in 
 subsection (a) of this section as follows: (1) To a claimant or duly 
    authorized agent or representative of a claimant as to matters 
 concerning the claimant alone when, in the judgment of the Secretary, 
such disclosure would not be injurious to the physical or mental health 
of the claimant and to an independent medical expert or experts for an 
 advisory opinion pursuant to section 5109 or 7109 of this title. (2) 
When required by process of a United States court to be produced in any 
suit or proceeding therein pending. (3) When required by any department 
    or other agency of the United States Government. 789 (4) In all 
proceedings in the nature of an inquest into the mental competency of a 
  claimant. (5) In any suit or other judicial proceeding when in the 
   judgment of the Secretary such disclosure is deemed necessary and 
proper. (6) In connection with any proceeding for the collection of an 
   amount owed to the United States by virtue of a persons 
participation in any benefit program administered by the Secretary when 
 in the judgment of the Secretary such disclosure is deemed necessary 
 and proper. (c)(1) The amount of any payment made by the Secretary to 
   any person receiving benefits under a program administered by the 
   Secretary shall be made known to any person who applies for such 
  information. (2) Any appraisal report or certificate of reasonable 
value submitted to or prepared by the Secretary in connection with any 
loan guaranteed, insured, or made under chapter 37 of this title shall 
    be made available to any person who applies for such report or 
    certificate. (3) Subject to the approval of the President, the 
    Secretary may publish at any time and in any manner any or all 
information of record pertaining to any claim filed with the Secretary 
   if the Secretary determines that the public interest warrants or 
requires such publication. (d) The Secretary as a matter of discretion 
 may authorize an inspection of Department records by duly authorized 
 representatives of recognized organizations. (e) Except as otherwise 
     specifically provided in this section with respect to certain 
  information, the Secretary may release information, statistics, or 
reports to individuals or organizations when in the Secretarys 
 judgment such release would serve a useful purpose. (f) The Secretary 
may, pursuant to regulations the Secretary shall prescribe, release the 
name or address, or both, of any present or former member of the Armed 
   Forces, or a dependent of a present or former member of the Armed 
 Forces, (1) to any nonprofit organization if the release is directly 
connected with the conduct of programs and the utilization of benefits 
   under this title, or (2) to any criminal or civil law enforcement 
  governmental agency or instrumentality charged under applicable law 
   with the protection of the public health or safety if a qualified 
  representative of such agency or instrumentality has made a written 
request that such name or address be provided for a purpose authorized 
by law. Any organization or member thereof or other person who, knowing 
that the use of any name or address released by the Secretary pursuant 
 to the preceding sentence is limited to the purpose specified in such 
sentence, willfully uses such name or address for a purpose other than 
 those so specified, shall be guilty of a misdemeanor and be fined not 
   more than $5,000 in the case of a first offense and not more than 
 $20,000 in the case of any subsequent offense. (g)(1) Subject to the 
    provisions of this subsection, and under regulations which the 
   Secretary shall prescribe, the Secretary may release the name or 
 address, or both, of any person who is a present or former member of 
 the Armed Forces, or who is a dependent of a present or former member 
 of the Armed Forces, to a consumer reporting agency if the release of 
such information is necessary for a purpose described in paragraph (2) 
of this subsection. (2) A release of information under paragraph (1) of 
this subsection concerning a person described in such paragraph may be 
 made for the purpose of (A) locating such a person (i) who 
   has been administratively determined to be indebted to the United 
 States by virtue of the persons participation in a benefits 
  program administered by the Secretary; or (ii) if the Secretary has 
 determined under such regulations that (I) it is necessary to locate 
such person in order to conduct a study pursuant to section 527 of this 
 title or a study required by any other provision of law, and (II) all 
  reasonable steps have been taken to assure that the release of such 
information to such reporting agency will not have an adverse effect on 
such person; or (B) Obtaining a consumer report in order to assess the 
ability of a person described in subparagraph (A)(i) of this paragraph 
to repay the indebtedness of such person to the United States, but the 
   Secretary may release the name or address of such person for the 
 purpose stated in this clause only if the Secretary determines under 
 such regulations that such person has failed to respond appropriately 
    to administrative efforts to collect such indebtedness. (3) The 
  Secretary may also release to a consumer reporting agency, for the 
purposes specified in subparagraph (A) or (B) of paragraph (2) of this 
 subsection, such other information as the Secretary determines under 
such regulations is reasonably necessary to identify a person described 
   in such paragraph, except that the Secretary may not release to a 
     consumer reporting agency any information which indicates any 
  indebtedness on the part of such person to the United States or any 
 information which reflects adversely on such person. Before releasing 
 any information under this paragraph, the Secretary shall, under such 
regulations, take reasonable steps to provide for the protection of the 
 personal privacy of persons about whom information is proposed to be 
  released under this paragraph. (4)(A) If the Secretary determines, 
 under regulations which the Secretary shall prescribe, that a person 
  described in paragraph (1) of this subsection has failed to respond 
   appropriately to reasonable administrative efforts to collect an 
 indebtedness of such person described in paragraph (2)(A)(i) of this 
   subsection, the Secretary may release information concerning the 
   indebtedness, including the name and address of such person, to a 
 consumer reporting agency for the purpose of making such information 
available for inclusion in consumer reports regarding such person and, 
if necessary, for the purpose of locating such person, if (i) the 
Secretary has (I) made reasonable efforts to notify such person of such 
  persons right to dispute through prescribed administrative 
  processes the existence or amount of such indebtedness and of such 
 persons right to request a waiver of such indebtedness under 
  section 5302 of this title, (II) afforded such person a reasonable 
  opportunity to exercise such rights, and (III) made a determination 
 with respect to any such dispute or request; and (ii) thirty calendar 
   days have elapsed after the day on which the Secretary has made a 
  determination that reasonable efforts have been made to notify such 
 person (I) that the Secretary intends to release such information for 
   such purpose or purposes, and (II) that, upon the request of such 
    person, the Secretary shall inform such person of whether such 
 information has been so released and of the name and address of each 
consumer reporting agency to which such information was released by the 
   Secretary and of the specific information so released. (B) After 
  release of any information under subparagraph (A) of this paragraph 
concerning the indebtedness of any person, the Secretary shall promptly 
     notify (i) each consumer reporting agency to which such 
information has been released by the Secretary; and (ii) each consumer 
 reporting agency described in subsection (i)(3)(B)(i) of this section 
to which such information has been transmitted by the Secretary through 
a consumer reporting agency described in subsection (i)(3)(B)(ii)(I) of 
this section, of any substantial change in the status or amount of such 
   indebtedness and, upon the request of any such consumer reporting 
agency for verification of any or all information so released, promptly 
  verify or correct, as appropriate, such information. The Secretary 
shall also, after the release of such information, inform such person, 
   upon the request of such person, of the name and address of each 
   consumer reporting agency described in clause (i) or (ii) of this 
 subparagraph to which such information was released or transmitted by 
     the Secretary and of the specific information so released or 
    transmitted. (h)(1) Under regulations which the Secretary shall 
 prescribe, the Secretary may release the name or address, or both, of 
 any person who is a present or former member of the Armed Forces, or 
 who is a dependent of a present or former member of the Armed Forces 
(and other information relating to the identity of such person), to any 
   person in a category of persons described in such regulations and 
  specified in such regulations as a category of persons to whom such 
  information may be released, if the release of such information is 
necessary for a purpose described in paragraph (2) of this subsection. 
(2) A release of information under paragraph (1) of this subsection may 
 be made for the purpose of (A) determining the creditworthiness, 
credit capacity, income, or financial resources of a person who has (i) 
    applied for any benefit under chapter 37 of this title, or (ii) 
   submitted an offer to the Secretary for the purchase of property 
 acquired by the Secretary under section 3720(a)(5) of this title; (B) 
    verifying, either before or after the Secretary has approved a 
   persons application for assistance in the form of a loan 
guaranty or loan insurance under chapter 37 of this title, information 
submitted by a lender to the Secretary regarding the creditworthiness, 
  credit capacity, income, or financial resources of such person; (C) 
 offering for sale or other disposition by the Secretary, pursuant to 
section 3720 of this title, any loan or installment sale contract owned 
or held by the Secretary; or (D) providing assistance to any applicant 
   for benefits under chapter 37 of this title or administering such 
benefits if the Secretary promptly records the fact of such release in 
   appropriate records pertaining to the person concerning whom such 
   release was made. (i)(1) No contract entered into for any of the 
purposes of subsection (g) or (h) of this section, and no action taken 
 pursuant to any such contract or either such subsection, shall result 
in the application of section 552a of title 5 to any consumer reporting 
    agency or any employee of a consumer reporting agency. (2) The 
Secretary shall take reasonable steps to provide for the protection of 
  the personal privacy of persons about whom information is disclosed 
 under subsection (g) or (h) of this section. (3) For the purposes of 
this subsection and of subsection (g) of this section (A) The term 
consumer report has the meaning provided 
such term in subsection (d) of section 603 of the Fair Credit Reporting 
 Act (15 U.S.C. 1681a(d)). (B) The term consumer reporting 
agency means (i) a consumer reporting agency as 
   such term is defined in subsection (f) of section 603 of the Fair 
Credit Reporting Act (15 U.S.C. 1681a(f)), or (ii) any person who, for 
  monetary fees, dues, or on a cooperative nonprofit basis, regularly 
engages in whole or in part in the practice of (I) obtaining credit or 
   other information on consumers for the purpose of furnishing such 
information to consumer reporting agencies (as defined in clause (i) of 
      this paragraph), or (II) serving as a marketing agent under 
  arrangements enabling third parties to obtain such information from 
such reporting agencies. (j) Except as provided in subsection (i)(1) of 
  this section, any disclosure made pursuant to this section shall be 
  made in accordance with the provisions of section 552a of title 5. 
  (k)(1)(A) Under regulations that the Secretary shall prescribe, the 
Secretary may disclose the name and address of any individual described 
in subparagraph (C) to an entity described in subparagraph (B) in order 
 to facilitate the determination by such entity whether the individual 
  is, or after death will be, a suitable organ, tissue, or eye donor 
    if (i) the individual is near death (as determined by the 
 Secretary) or is deceased; and (ii) the disclosure is permitted under 
regulations promulgated pursuant to section 264 of the Health Insurance 
 Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). 
   (B) An entity described in this subparagraph is (i) an organ 
 procurement organization, including eye and tissue banks; or (ii) an 
  entity that the Secretary has determined (I) is substantially 
   similar in function, professionalism, and reliability to an organ 
 procurement organization; and (II) should be treated for purposes of 
      this subsection in the same manner as an organ procurement 
organization. (C) An individual described in this subparagraph is 
(i) a veteran; or (ii) a dependent of veteran. (2) In this subsection, 
 the term organ procurement organization 
has the meaning given the term qualified organ procurement 
 organization in section 371(b) of the Public Health 
Service Act (42 U.S.C. 273(b)). (Pub. L. 85857, Sept. 2, 1958, 
  72 Stat. 1236, Sec. 3301; Pub. L. 87671, Sec. 2, Sept. 19, 
 1962, 76 Stat. 557; Pub. L. 9124, Sec. 11, June 11, 1969, 83 
Stat. 34; Pub. L. 92540, title IV, Sec. 412, Oct. 24, 1972, 86 
Stat. 1093; Pub. L. 94321, Sec. 1(a), June 29, 1976, 90 Stat. 
 713; Pub. L. 94581, title II, Sec. 210(b), Oct. 21, 1976, 90 
Stat. 2863; Pub. L. 96466, title VI, Sec. 606, Oct. 17, 1980, 
94 Stat. 2212; Pub. L. 10194, title III, Sec. 302(a), Aug. 16, 
     1989, 103 Stat. 628; renumbered Sec. 5701 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
    Stat. 238, 239; Pub. L. 10283, Sec. 2(c)(6), 4(a)(1), 
(2)(A)(xi), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
 402406; Pub. L. 10714, Sec. 8(a)(13), June 5, 2001, 
115 Stat. 35; Pub. L. 109461, title II, Sec. 204(a), Dec. 22, 
  2006, 120 Stat. 3411.) ' 5702. Furnishing of records (a) Any person 
 desiring a copy of any record, paper, and so forth, in the custody of 
 the Secretary that may be disclosed under section 5701 of this title 
 must submit to the Secretary an application in writing for such copy. 
   The application shall state specifically (1) the particular 
  record, paper, and so forth, a copy of which is desired and whether 
 certified or uncertified; and (2) the purpose for which such copy is 
desired to be used. (b) The Secretary may establish a schedule of fees 
for copies and certification of such records. (Pub. L. 85857, 
   Sept. 2, 1958, 72 Stat. 1236, Sec. 3302; renumbered Sec. 5702 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
       7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
 4(a)(2)(A)(xii), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403 
  405; Pub. L. 103446, title XII, Sec. 1201(e)(16), Nov. 2, 
1994, 108 Stat. 4686.) ' 5703. Certification of records of District of 
 Columbia When a copy of any public record of the District of Columbia 
is required by the Secretary to be used in determining the eligibility 
 of any person for benefits under laws administered by the Secretary, 
   the official custodian of such public record shall without charge 
 provide the applicant for such benefits or any person (including any 
veterans organization) acting on the veterans behalf 
or the authorized representative of the Secretary with a certified copy 
of such record. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1237, 
 Sec. 3303; Pub. L. 99576, title VII, Sec. 701(78), Oct. 28, 
  1986, 100 Stat. 3298; renumbered Sec. 5703, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
  10283, Sec. 4(a)(1), (2)(A)(xiii), Aug. 6, 1991, 105 Stat. 
 403.) ' 5704. Transcript of trial records The Secretary may purchase 
    transcripts of the record, including all evidence, of trial of 
litigated cases. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1237, 
Sec. 3304; renumbered Sec. 5704, Pub. L. 10240, title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 
      4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 5705. 
 Confidentiality of medical quality-assurance records (a) Records and 
   documents created by the Department as part of a medical quality-
  assurance program (other than reports submitted pursuant to section 
 7311(g) of this title) are confidential and privileged and may not be 
disclosed to any person or entity except as provided in subsection (b) 
of this section. (b)(1) Subject to paragraph (2) of this subsection, a 
 record or document described in subsection (a) of this section shall, 
   upon request, be disclosed as follows: (A) To a Federal agency or 
  private organization, if such record or document is needed by such 
agency or organization to perform licensing or accreditation functions 
related to Department health-care facilities or to perform monitoring, 
  required by statute, of Department health-care facilities. (B) To a 
 Federal executive agency or provider of health-care services, if such 
     record or document is required by such agency or provider for 
  participation by the Department in a health-care program with such 
    agency or provider. (C) To a criminal or civil law enforcement 
  governmental agency or instrumentality charged under applicable law 
  with the protection of the public health or safety, if a qualified 
   representative of such agency or instrumentality makes a written 
    request that such record or document be provided for a purpose 
    authorized by law. (D) To health-care personnel, to the extent 
necessary to meet a medical emergency affecting the health or safety of 
   any individual. (2) The name of and other identifying information 
regarding any individual patient or employee of the Department, or any 
   other individual associated with the Department for purposes of a 
 medical quality-assurance program, contained in a record or document 
 described in subsection (a) of this section shall be deleted from any 
record or document before any disclosure made under this subsection if 
disclosure of such name and identifying information would constitute a 
  clearly unwarranted invasion of personal privacy. (3) No person or 
   entity to whom a record or document has been disclosed under this 
  subsection shall make further disclosure of such record or document 
 except for a purpose provided in this subsection. (4) Nothing in this 
   section shall be construed as authority to withhold any record or 
  document from a committee of either House of Congress or any joint 
   committee of Congress, if such record or document pertains to any 
 matter within the jurisdiction of such committee or joint committee. 
 (5) Nothing in this section shall be construed as limiting the use of 
   records and documents described in subsection (a) of this section 
  within the Department (including contractors and consultants of the 
    Department). (6) Nothing in this section shall be construed as 
  authorizing or requiring withholding from any person or entity the 
disclosure of statistical information regarding Department health-care 
    programs (including such information as aggregate morbidity and 
   mortality rates associated with specific activities at individual 
    Department health-care facilities) that does not implicitly or 
explicitly identify individual patients or employees of the Department, 
  or individuals who participated in the conduct of a medical quality-
    assurance review. (c) For the purpose of this section, the term 
    medical quality-assurance program 
means (1) with respect to any activity carried out before October 
 7, 1980, a Department systematic health-care review activity carried 
 out by or for the Department for the purpose of improving the quality 
 of medical care or improving the utilization of health-care resources 
   in Department health-care facilities; and (2) with respect to any 
    activity carried out on or after October 7, 1980, a Department 
 systematic health-care review activity designated by the Secretary to 
be carried out by or for the Department for either such purpose. (d)(1) 
The Secretary shall prescribe regulations to carry out this section. In 
    prescribing such regulations, the Secretary shall specify those 
  activities carried out before October 7, 1980, which the Secretary 
determines meet the definition of medical quality-assurance program in 
   subsection (c)(1) of this section and those activities which the 
 Secretary has designated under subsection (c)(2) of this section. The 
   Secretary shall, to the extent appropriate, incorporate into such 
    regulations the provisions of the administrative guidelines and 
procedures governing such programs in existence on October 7, 1980. (2) 
   An activity may not be considered as having been designated as a 
medical quality-assurance program for the purposes of subsection (c)(2) 
   of this section unless the designation has been specified in such 
regulations. (e) Any person who, knowing that a document or record is a 
    document or record described in subsection (a) of this section, 
 willfully discloses such record or document except as provided for in 
 subsection (b) of this section shall be fined not more than $5,000 in 
the case of a first offense and not more than $20,000 in the case of a 
   subsequent offense. (Added Pub. L. 96385, title V, Sec. 
    505(a), Oct. 7, 1980, 94 Stat. 1535, Sec. 3305; amended Pub. L. 
    99166, title II, Sec. 201, Dec. 3, 1985, 99 Stat. 949; 
renumbered Sec. 5705 and amended Pub. L. 10240, title IV, Sec. 
    402(b)(1), 403(b)(2), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
 10254, Sec. 14(d)(4), June 13, 1991, 105 Stat. 285; Pub. L. 
  10283, Sec. 4(a)(2)(F), (3), (4), (b)(1), (2)(E), Aug. 6, 
  1991, 105 Stat. 404, 405.) SUBCHAPTER IIINVESTIGATIONS ' 5711. 
     Authority to issue subpoenas (a) For the purposes of the laws 
 administered by the Secretary, the Secretary, and those employees to 
 whom the Secretary may delegate such authority, to the extent of the 
    authority so delegated, shall have the power to (1) issue 
subpoenas for and compel the attendance of witnesses within a radius of 
  100 miles from the place of hearing; (2) require the production of 
 books, papers, documents, and other evidence; (3) take affidavits and 
administer oaths and affirmations; (4) aid claimants in the preparation 
  and presentation of claims; and (5) make investigations and examine 
 witnesses upon any matter within the jurisdiction of the Department. 
 (b) Any person required by such subpoena to attend as a witness shall 
be allowed and paid the same fees and mileage as are paid witnesses in 
  the district courts of the United States. (Pub. L. 85857, 
Sept. 2, 1958, 72 Stat. 1237, Sec. 3311; renumbered Sec. 5711, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
  Pub. L. 10254, Sec. 14(d)(5)(A), June 13, 1991, 105 Stat. 
   286.) ' 5712. Validity of affidavits Any such oath, affirmation, 
 affidavit, or examination, when certified under the hand of any such 
employee by whom it was administered or taken and authenticated by the 
  seal of the Department, may be offered or used in any court of the 
United States and without further proof of the identity or authority of 
 such employee shall have like force and effect as if administered or 
 taken before a clerk of such court. (Pub. L. 85857, Sept. 2, 
     1958, 72 Stat. 1237, Sec. 3312; renumbered Sec. 5712, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
  Pub. L. 10283, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 
 404.) ' 5713. Disobedience to subpoena In case of disobedience to any 
 such subpoena, the aid of any district court of the United States may 
 be invoked in requiring the attendance and testimony of witnesses and 
   the production of documentary evidence, and such court within the 
    jurisdiction of which the inquiry is carried on may, in case of 
 contumacy or refusal to obey a subpoena issued to any officer, agent, 
 or employee of any corporation or to any other person, issue an order 
    requiring such corporation or other person to appear or to give 
evidence touching the matter in question; and any failure to obey such 
order of the court may be punished by such court as a contempt thereof. 
   (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1237, Sec. 3313; 
renumbered Sec. 5713, Pub. L. 10240, title IV, Sec. 402(b)(1), 
 May 7, 1991, 105 Stat. 238; Pub. L. 10254, Sec. 14(d)(6)(A), 
  (B), June 13, 1991, 105 Stat. 286.) SUBCHAPTER IIIINFORMATION 
   SECURITY ' 5721. Purpose The purpose of the Information Security 
 Program is to establish a program to provide security for Department 
 information and information systems commensurate to the risk of harm, 
    and to communicate the responsibilities of the Secretary, Under 
  Secretaries, Assistant Secretaries, other key officials, Assistant 
 Secretary for Information and Technology, Associate Deputy Assistant 
Secretary for Cyber and Information Security, and Inspector General of 
  the Department of Veterans Affairs as outlined in the provisions of 
      subchapter III of chapter 35 of title 44 (also known as the 
      Federal Information Security Management Act of 
 2002, which was enacted as part of the E-Government 
       Act of 2002 (Public Law 107347)). (Added Pub. L. 
109461, title IX, Sec. 902(a), Dec. 22, 2006, 120 Stat. 3450.) 
     ' 5722. Policy (a) IN GENERAL.The security of Department 
  information and information systems is vital to the success of the 
 mission of the Department. To that end, the Secretary shall establish 
   and maintain a comprehensive Department-wide information security 
    program to provide for the development and maintenance of cost-
 effective security controls needed to protect Department information, 
    in any media or format, and Department information systems. (b) 
     ELEMENTS.The Secretary shall ensure that the Department 
   information security program includes the following elements: (1) 
   Periodic assessments of the risk and magnitude of harm that could 
   result from the unauthorized access, use, disclosure, disruption, 
  modification, or destruction of information and information systems 
that support the operations and assets of the Department. (2) Policies 
 and procedures that (A) are based on risk assessments; (B) cost-
   effectively reduce security risks to an acceptable level; and (C) 
ensure that information security is addressed throughout the life cycle 
  of each Department information system. (3) Selection and effective 
   implementation of minimum, mandatory technical, operational, and 
management security controls, or other compensating countermeasures, to 
   protect the confidentiality, integrity, and availability of each 
   Department system and its information. (4) Subordinate plans for 
   providing adequate security for networks, facilities, systems, or 
  groups of information systems, as appropriate. (5) Annual security 
 awareness training for all Department employees, contractors, and all 
  other users of VA sensitive data and Department information systems 
  that identifies the information security risks associated with the 
     activities of such employees, contractors, and users and the 
 responsibilities of such employees, contractors, and users to comply 
with Department policies and procedures designed to reduce such risks. 
 (6) Periodic testing and evaluation of the effectiveness of security 
 controls based on risk, including triennial certification testing of 
all management, operational, and technical controls, and annual testing 
of a subset of those controls for each Department system. (7) A process 
  for planning, developing, implementing, evaluating, and documenting 
   remedial actions to address deficiencies in information security 
  policies, procedures, and practices. (8) Procedures for detecting, 
immediately reporting, and responding to security incidents, including 
mitigating risks before substantial damage is done as well as notifying 
  and consulting with the US-Computer Emergency Readiness Team of the 
    Department of Homeland Security, law enforcement agencies, the 
Inspector General of the Department, and other offices as appropriate. 
    (9) Plans and procedures to ensure continuity of operations for 
 Department systems. (c) COMPLIANCE WITH CERTAIN REQUIREMENTS.The 
Secretary shall comply with the provisions of subchapter III of chapter 
  35 of title 44 and other related information security requirements 
 promulgated by the National Institute of Standards and Technology and 
the Office of Management and Budget that define Department information 
system mandates. (Added Pub. L. 109461, title IX, Sec. 902(a), 
Dec. 22, 2006, 120 Stat. 3450.) ' 5723. Responsibilities (a) SECRETARY 
     OF VETERANS AFFAIRS.In accordance with the provisions of 
subchapter III of chapter 35 of title 44, the Secretary is responsible 
     for the following: (1) Ensuring that the Department adopts a 
  Department-wide information security program and otherwise complies 
  with the provisions of subchapter III of chapter 35 of title 44 and 
  other related information security requirements. (2) Ensuring that 
  information security protections are commensurate with the risk and 
     magnitude of the potential harm to Department information and 
     information systems resulting from unauthorized access, use, 
disclosure, disruption, modification, or destruction. (3) Ensuring that 
     information security management processes are integrated with 
 Department strategic and operational planning processes. (4) Ensuring 
   that the Under Secretaries, Assistant Secretaries, and other key 
     officials of the Department provide adequate security for the 
 information and information systems under their control. (5) Ensuring 
    enforcement and compliance with the requirements imposed on the 
  Department under the provisions of sub-chapter III of chapter 35 of 
  title 44. (6) Ensuring that the Department has trained program and 
 staff office personnel sufficient to assist in complying with all the 
   provisions of subchapter III of chapter 35 of title 44 and other 
   related information security requirements. (7) Ensuring that the 
  Assistant Secretary for Information and Technology, in coordination 
   with the Under Secretaries, Assistant Secretaries, and other key 
     officials of the Department report to Congress, the Office of 
   Management and Budget, and other entities as required by law and 
   Executive Branch direction on the effectiveness of the Department 
information security program, including remedial actions. (8) Notifying 
officials other than officials of the Department of data breaches when 
    required under this subchapter. (9) Ensuring that the Assistant 
Secretary for Information and Technology has the authority and control 
 necessary to develop, approve, implement, integrate, and oversee the 
    policies, procedures, processes, activities, and systems of the 
   Department relating to subchapter III of chapter 35 of title 44, 
     including the management of all related mission applications, 
 information resources, personnel, and infrastructure. (10) Submitting 
to the Committees on Veterans Affairs of the Senate and House 
of Representatives, the Committee on Government Reform of the House of 
      Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate, not later than March 1 each year, a 
   report on the compliance of the Department with subchapter III of 
 chapter 35 of title 44, with the information in such report displayed 
 in the aggregate and separately for each Administration, office, and 
 facility of the Department. (11) Taking appropriate action to ensure 
 that the budget for any fiscal year, as submitted by the President to 
  Congress under section 1105 of title 31, sets forth separately the 
 amounts required in the budget for such fiscal year for compliance by 
 the Department with Federal law and regulations governing information 
 security, including this subchapter and sub-chapter III of chapter 35 
  of title 44. (12) Providing notice to the Director of the Office of 
  Management and Budget, the Inspector General of the Department, and 
such other Federal agencies as the Secretary considers appropriate of a 
presumptive data breach of which notice is provided the Secretary under 
 subsection (b)(16) if, in the opinion of the Assistant Secretary for 
  Information and Technology, the breach involves the information of 
twenty or more individuals. (b) ASSISTANT SECRETARY FOR INFORMATION AND 
     TECH-NOLOGY.The Assistant Secretary for Information and 
  Technology, as the Chief Information Officer of the Department, is 
   responsible for the following: (1) Establishing, maintaining, and 
 monitoring Department-wide information security policies, procedures, 
 control techniques, training, and inspection requirements as elements 
 of the Department information security program. (2) Issuing policies 
and handbooks to provide direction for implementing the elements of the 
   information security program to all Department organizations. (3) 
 Approving all policies and procedures that are related to information 
security for those areas of responsibility that are currently under the 
  management and the oversight of other Department organizations. (4) 
Ordering and enforcing Department-wide compliance with and execution of 
  any information security policy. (5) Establishing minimum mandatory 
  technical, operational, and management information security control 
  requirements for each Department system, consistent with risk, the 
    processes identified in standards of the National Institute of 
  Standards and Technology, and the responsibilities of the Assistant 
  Secretary to operate and maintain all Department systems currently 
 creating, processing, collecting, or disseminating data on behalf of 
Department information owners. (6) Establishing standards for access to 
    Department information systems by organizations and individual 
 employees, and to deny access as appropriate. (7) Directing that any 
 incidents of failure to comply with established information security 
   policies be immediately reported to the Assistant Secretary. (8) 
 Reporting any compliance failure or policy violation directly to the 
appropriate Under Secretary, Assistant Secretary, or other key official 
   of the Department for appropriate administrative or disciplinary 
   action. (9) Reporting any compliance failure or policy violation 
 directly to the appropriate Under Secretary, Assistant Secretary, or 
   other key official of the Department along with taking action to 
 correct the failure or violation. (10) Requiring any key official of 
the Department who is so notified to report to the Assistant Secretary 
  with respect to an action to be taken in response to any compliance 
 failure or policy violation reported by the Assistant Secretary. (11) 
 Ensuring that the Chief Information Officers and Information Security 
 Officers of the Department comply with all cyber security directives 
and mandates, and ensuring that these staff members have all necessary 
authority and means to direct full compliance with such directives and 
mandates relating to the acquisition, operation, maintenance, or use of 
    information technology resources from all facility staff. (12) 
Establishing the VA National Rules of Behavior for appropriate use and 
   protection of the information which is used to support Department 
  missions and functions. (13) Establishing and providing supervision 
  over an effective incident reporting system. (14) Submitting to the 
 Secretary, at least once every quarter, a report on any deficiency in 
 the compliance with sub-chapter III of chapter 35 of title 44 of the 
     Department or any Administration, office, or facility of the 
    Department. (15) Reporting immediately to the Secretary on any 
 significant deficiency in the compliance described by paragraph (14). 
  (16) Providing immediate notice to the Secretary of any presumptive 
  data breach. (c) ASSOCIATE DEPUTY ASSISTANT SECRETARY FOR CYBER AND 
  INFORMATION SECURITY.In accordance with the provisions of sub-
 chapter III of chapter 35 of title 44, the Associate Deputy Assistant 
Secretary for Cyber and Information Security, as the Senior Information 
Security Officer of the Department, is responsible for carrying out the 
    responsibilities of the Assistant Secretary for Information and 
  Technology under the provisions of subchapter III of chapter 35 of 
 title 44, as set forth in subsection (b). (d) DEPARTMENT INFORMATION 
   OWNERS.In accordance with the criteria of the Centralized IT 
 Management System, Department information owners are responsible for 
the following: (1) Providing assistance to the Assistant Secretary for 
  Information and Technology regarding the security requirements and 
 appropriate level of security controls for the information system or 
  systems where sensitive personal information is currently created, 
    collected, processed, disseminated, or subject to disposal. (2) 
    Determining who has access to the system or systems containing 
   sensitive personal information, including types of privileges and 
access rights. (3) Ensuring the VA National Rules of Behavior is signed 
     on an annual basis and enforced by all system users to ensure 
  appropriate use and protection of the information which is used to 
support Department missions and functions. (4) Assisting the Assistant 
  Secretary for Information and Technology in the identification and 
  assessment of the common security controls for systems where their 
  information resides. (5) Providing assistance to Administration and 
   staff office personnel involved in the development of new systems 
    regarding the appropriate level of security controls for their 
   information. (e) OTHER KEY OFFICIALS.In accordance with the 
   provisions of subchapter III of chapter 35 of title 44, the Under 
  Secretaries, Assistant Secretaries, and other key officials of the 
  Department are responsible for the following: (1) Implementing the 
 policies, procedures, practices, and other countermeasures identified 
in the Department information security program that comprise activities 
that are under their day-to-day operational control or supervision. (2) 
Periodically testing and evaluating information security controls that 
comprise activities that are under their day-to-day operational control 
or supervision to ensure effective implementation. (3) Providing a plan 
of action and milestones to the Assistant Secretary for Information and 
   Technology on at least a quarterly basis detailing the status of 
   actions being taken to correct any security compliance failure or 
 policy violation. (4) Complying with the provisions of subchapter III 
 of chapter 35 of title 44 and other related information security laws 
 and requirements in accordance with orders of the Assistant Secretary 
  for Information and Technology to execute the appropriate security 
   controls commensurate to responding to a security bulletin of the 
   Security Operations Center of the Department, with such orders to 
supersede and take priority over all operational tasks and assignments 
   and be complied with immediately. (5) Ensuring that (A) all 
 employees within their organizations take immediate action to comply 
with orders from the Assistant Secretary for Information and Technology 
       to (i) mitigate the impact of any potential security 
vulnerability; (ii) respond to a security incident; or (iii) implement 
   the provisions of a bulletin or alert of the Security Operations 
 Center; and (B) organizational managers have all necessary authority 
and means to direct full compliance with such orders from the Assistant 
Secretary. (6) Ensuring the VA National Rules of Behavior is signed and 
 enforced by all system users to ensure appropriate use and protection 
  of the information which is used to support Department missions and 
 functions on an annual basis. (f) USERS OF DEPARTMENT INFORMATION AND 
     INFORMATION SYSTEMS.Users of Department information and 
 information systems are responsible for the following: (1) Complying 
with all Department information security program policies, procedures, 
and practices. (2) Attending security awareness training on at least an 
 annual basis. (3) Reporting all security incidents immediately to the 
  Information Security Officer of the system or facility and to their 
  immediate supervisor. (4) Complying with orders from the Assistant 
Secretary for Information and Technology directing specific activities 
  when a security incident occurs. (5) Signing an acknowledgment that 
they have read, understand, and agree to abide by the VA National Rules 
of Behavior on an annual basis. (g) INSPECTOR GENERAL OF DEPARTMENT OF 
VETERANS AF-FAIRS.In accordance with the provisions of subchapter 
III of chapter 35 of title 44, the Inspector General of the Department 
is responsible for the following: (1) Conducting an annual audit of the 
Department information security program. (2) Submitting an independent 
 annual report to the Office of Management and Budget on the status of 
 the Department information security program, based on the results of 
   the annual audit. (3) Conducting investigations of complaints and 
  referrals of violations as considered appropriate by the Inspector 
 General. (Added Pub. L. 109461, title IX, Sec. 902(a), Dec. 
  22, 2006, 120 Stat. 3451; amended Pub. L. 111275, title X, 
 Sec. 1001(m)(1), Oct. 13, 2010, 124 Stat. 2897.) ' 5724. Provision of 
       credit protection and other services (a) INDEPENDENT RISK 
    ANALYSIS.(1) In the event of a data breach with respect to 
 sensitive personal information that is processed or maintained by the 
 Secretary, the Secretary shall ensure that, as soon as possible after 
  the data breach, a non-Department entity or the Office of Inspector 
General of the Department conducts an independent risk analysis of the 
  data breach to determine the level of risk associated with the data 
 breach for the potential misuse of any sensitive personal information 
involved in the data breach. (2) If the Secretary determines, based on 
 the findings of a risk analysis conducted under paragraph (1), that a 
 reasonable risk exists for the potential misuse of sensitive personal 
  information involved in a data breach, the Secretary shall provide 
     credit protection services in accordance with the regulations 
          prescribed by the Secretary under this section. (b) 
    REGULATIONS.Not later than 180 days after the date of the 
   enactment of the Veterans Benefits, Health Care, and Information 
     Technology Act of 2006, the Secretary shall prescribe interim 
   regulations for the provision of the following in accordance with 
subsection (a)(2): (1) Notification. (2) Data mining. (3) Fraud alerts. 
  (4) Data breach analysis. (5) Credit monitoring. (6) Identity theft 
insurance. (7) Credit protection services. (c) REPORT.(1) For each 
data breach with respect to sensitive personal information processed or 
maintained by the Secretary, the Secretary shall promptly submit to the 
  Committees on Veterans Affairs of the Senate and House of 
  Representatives a report containing the findings of any independent 
 risk analysis conducted under subsection (a)(1), any determination of 
    the Secretary under subsection (a)(2), and a description of any 
  services provided pursuant to subsection (b). (2) In the event of a 
data breach with respect to sensitive personal information processed or 
maintained by the Secretary that is the sensitive personal information 
of a member of the Army, Navy, Air Force, or Marine Corps or a civilian 
 officer or employee of the Department of Defense, the Secretary shall 
  submit the report required under paragraph (1) to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
       House of Representatives in addition to the Committees on 
 Veterans Affairs of the Senate and House of Representatives. 
 (Added Pub. L. 109461, title IX, Sec. 902(a), Dec. 22, 2006, 
 120 Stat. 3455.) ' 5725. Contracts for data processing or maintenance 
(a) CONTRACT REQUIREMENTS.If the Secretary enters into a contract 
for the performance of any Department function that requires access to 
   sensitive personal information, the Secretary shall require as a 
   condition of the contract that (1) the contractor shall not, 
   directly or through an affiliate of the contractor, disclose such 
information to any other person unless the disclosure is lawful and is 
  expressly permitted under the contract; (2) the contractor, or any 
subcontractor for a subcontract of the contract, shall promptly notify 
   the Secretary of any data breach that occurs with respect to such 
 information. (b) LIQUIDATED DAMAGES.Each contract subject to the 
requirements of subsection (a) shall provide for liquidated damages to 
   be paid by the contractor to the Secretary in the event of a data 
breach with respect to any sensitive personal information processed or 
maintained by the contractor or any subcontractor under that contract. 
 (c) PROVISION OF CREDIT PROTECTION SERVICES.Any amount collected 
by the Secretary under subsection (b) shall be deposited in or credited 
to the Department account from which the contractor was paid and shall 
    remain available for obligation without fiscal year limitation 
  exclusively for the purpose of providing credit protection services 
       pursuant to section 5724(b) of this title. (Added Pub. L. 
109461, title IX, Sec. 902(a), Dec. 22, 2006, 120 Stat. 3456.) 
 ' 5726. Reports and notice to congress on data breaches (a) QUARTERLY 
REPORTS.(1) Not later than 30 days after the last day of a fiscal 
       quarter, the Secretary shall submit to the Committees on 
Veterans Affairs of the Senate and House of Representatives a 
     report on any data breach with respect to sensitive personal 
  information processed or maintained by the Department that occurred 
  during that quarter. (2) Each report submitted under paragraph (1) 
shall identify, for each data breach covered by the report (A) the 
     Administration and facility of the Department responsible for 
 processing or maintaining the sensitive personal information involved 
 in the data breach; and (B) the status of any remedial or corrective 
action with respect to the data breach. (b) NOTIFICATION OF SIGNIFICANT 
 DATA BREACHES.(1) In the event of a data breach with respect to 
sensitive personal information processed or maintained by the Secretary 
   that the Secretary determines is significant, the Secretary shall 
 provide notice of such breach to the Committees on Veterans 
Affairs of the Senate and House of Representatives. (2) In the event of 
a data breach with respect to sensitive personal information processed 
     or maintained by the Secretary that is the sensitive personal 
 information of a member of the Army, Navy, Air Force, or Marine Corps 
or a civilian officer or employee of the Department of Defense that the 
Secretary determines is significant under paragraph (1), the Secretary 
shall provide the notice required under paragraph (1) to the Committee 
on Armed Services of the Senate and the Committee on Armed Services of 
     the House of Representatives in addition to the Committees on 
 Veterans Affairs of the Senate and House of Representatives. 
  (3) Notice under paragraphs (1) and (2) shall be provided promptly 
following the discovery of such a data breach and the implementation of 
 any measures necessary to determine the scope of the breach, prevent 
any further breach or unauthorized disclosures, and reasonably restore 
the integrity of the data system. (Added Pub. L. 109461, title 
IX, Sec. 902(a), Dec. 22, 2006, 120 Stat. 3457.) ' 5727. Definitions In 
            this subchapter: (1) AVAILABILITY.The term 
 availability means ensuring timely and 
reliable access to and use of information. (2) CONFIDENTIALITY.The 
  term confidentiality means preserving 
 authorized restrictions on access and disclosure, including means for 
 protecting personal privacy and proprietary information. (3) CONTROL 
             TECHNIQUES.The term control 
techniques means methods for guiding and controlling 
   the operations of information systems to ensure adherence to the 
   provisions of subchapter III of chapter 35 of title 44 and other 
  related information security requirements. (4) DATA BREACH.The 
 term data breach means the loss, theft, 
or other unauthorized access, other than those incidental to the scope 
 of employment, to data containing sensitive personal information, in 
electronic or printed form, that results in the potential compromise of 
     the confidentiality or integrity of the data. (5) DATA BREACH 
            ANALYSIS.The term data breach 
  analysis means the process used to determine if a 
     data breach has resulted in the misuse of sensitive personal 
        information. (6) FRAUD RESOLUTION SYSTEMS.The term 
fraud resolution services means services 
to assist an individual in the process of recovering and rehabilitating 
the credit of the individual after the individual experiences identity 
     theft. (7) IDENTITY THEFT.The term identity 
 theft has the meaning given such term under section 
 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a). (8) IDENTITY 
       THEFT INSURANCE.The term identity theft 
   insurance means any insurance policy that pays 
 benefits for costs, including travel costs, notary fees, and postage 
costs, lost wages, and legal fees and expenses associated with efforts 
to correct and ameliorate the effects and results of identity theft of 
      the insured individual. (9) INFORMATION OWNER.The term 
    information owner means an agency 
    official with statutory or operational authority for specified 
 information and responsibility for establishing the criteria for its 
  creation, collection, processing, dissemination, or disposal, which 
  responsibilities may extend to interconnected systems or groups of 
   interconnected systems. (10) INFORMATION RESOURCES.The term 
 information resources means information 
  in any medium or form and its related resources, such as personnel, 
    equipment, funds, and information technology. (11) INFORMATION 
            SECURITY.The term information 
security means protecting information and information 
    systems from unauthorized access, use, disclosure, disruption, 
      modification, or destruction in order to provide integrity, 
     confidentiality, and availability. (12) INFORMATION SECURITY 
      REQUIREMENTS.The term information security 
requirements means information security requirements 
  promulgated in accordance with law, or directed by the Secretary of 
 Commerce, the National Institute of Standards and Technology, and the 
Office of Management and Budget, and, as to national security systems, 
         the President. (13) INFORMATION SYSTEM.The term 
 information system means a discrete set 
  of information resources organized for the collection, processing, 
      maintenance, use, sharing, dissemination, or disposition of 
information, whether automated or manual. (14) INTEGRITY.The term 
integrity means guarding against improper 
    information modification or destruction, and includes ensuring 
 information non-repudiation and authenticity. (15) NATIONAL SECURITY 
          SYSTEM.The term national security 
system means an information system that is protected 
at all times by policies and procedures established for the processing, 
maintenance, use, sharing, dissemination or disposition of information 
  that has been specifically authorized under criteria established by 
  statute or Executive Order to be kept classified in the interest of 
      national defense or foreign policy. (16) PLAN OF ACTION AND 
        MILESTONES.The term plan of action and 
  milestones, means a plan used as a basis for the 
quarterly reporting requirements of the Office of Management and Budget 
   that includes the following information: (A) A description of the 
   security weakness. (B) The identity of the office or organization 
 responsible for resolving the weakness. (C) An estimate of resources 
  required to resolve the weakness by fiscal year. (D) The scheduled 
 completion date. (E) Key milestones with estimated completion dates. 
(F) Any changes to the original key milestone date. (G) The source that 
   identified the weakness. (H) The status of efforts to correct the 
    weakness. (17) PRINCIPAL CREDIT REPORTING AGENCY.The term 
principal credit reporting agency means a 
 consumer reporting agency as described in section 603(p) of the Fair 
       Credit Reporting Act (15 U.S.C. 1681a(p)). (18) SECURITY 
INCIDENT.The term security incident 
 means an event that has, or could have, resulted in loss or damage to 
Department assets, or sensitive information, or an action that breaches 
        Department security procedures. (19) SENSITIVE PERSONAL 
       INFORMATION.The term sensitive personal 
information, with respect to an individual, means any 
information about the individual maintained by an agency, including the 
following: (A) Education, financial transactions, medical history, and 
  criminal or employment history. (B) Information that can be used to 
distinguish or trace the individuals identity, including name, 
   social security number, date and place of birth, mothers 
maiden name, or biometric records. (20) SUBORDINATE PLAN.The term 
 subordinate plan, also referred to as a 
 system security plan, means a plan that 
 defines the security controls that are either planned or implemented 
      for networks, facilities, systems, or groups of systems, as 
      appropriate, within a specific accreditation boundary. (21) 
 TRAINING.The term training means a 
   learning experience in which an individual is taught to execute a 
 specific information security procedure or understand the information 
     security common body of knowledge. (22) VA NATIONAL RULES OF 
        BEHAVIOR.The term VA National Rules of 
    Behavior means a set of Department rules that 
describes the responsibilities and expected behavior of personnel with 
  regard to information system usage. (23) VA SENSITIVE DATA.The 
    term VA sensitive data means all 
 Department data, on any storage media or in any form or format, which 
  requires protection due to the risk of harm that could result from 
inadvertent or deliberate disclosure, alteration, or destruction of the 
 information and includes information whose improper use or disclosure 
   could adversely affect the ability of an agency to accomplish its 
    mission, proprietary information, and records about individuals 
   requiring protection under applicable confidentiality provisions. 
 (Added Pub. L. 109461, title IX, Sec. 902(a), Dec. 22, 2006, 
    120 Stat. 3457; amended Pub. L. 111275, title X, Sec. 
 1001(m)(2), Oct. 13, 2010, 124 Stat. 2897.) ' 5728. Authorization of 
  appropriations There are authorized to be appropriated to carry out 
 this sub-chapter such sums as may be necessary for each fiscal year. 
 (Added Pub. L. 109461, title IX, Sec. 902(a), Dec. 22, 2006, 
120 Stat. 3460.) CHAPTER 59 OF TITLE 38, UNITED STATES CODE [As Amended 
      Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART IVGENERAL 
ADMINISTRATIVE PROVISIONS CHAPTER 59AGENTS AND ATTORNEYS 
  Sec. 5901. Prohibition against acting as claims agent or attorney. 
     5902. Recognition of representatives of organizations. 5903. 
  Recognition with respect to particular claims. 5904. Recognition of 
agents and attorneys generally. 5905. Penalty for certain acts. ' 5901. 
   Prohibition against acting as claims agent or attorney Except as 
 provided by section 500 of title 5, no individual may act as an agent 
  or attorney in the preparation, presentation, or prosecution of any 
 claim under laws administered by the Secretary unless such individual 
   has been recognized for such purposes by the Secretary. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1238, Sec. 3401; Pub. L. 
    9124, Sec. 12(a), June 11, 1969, 83 Stat. 34; Pub. L. 
99576, title VII, Sec. 701(79), Oct. 28, 1986, 100 Stat. 3298; 
renumbered Sec. 5901, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(1), 
   (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.) ' 5902. 
 Recognition of representatives of organizations (a)(1) The Secretary 
 may recognize representatives of the American National Red Cross, the 
American Legion, the Disabled American Veterans, the United Spanish War 
Veterans, the Veterans of Foreign Wars, and such other organizations as 
   the Secretary may approve, in the preparation, presentation, and 
prosecution of claims under laws administered by the Secretary. (2) The 
    Secretary may, in the discretion of the Secretary, furnish, if 
 available, space and office facilities for the use of paid full-time 
  representatives of national organizations so recognized. (b)(1) No 
 individual shall be recognized under this section (A) unless the 
 individual has certified to the Secretary that no fee or compensation 
 of any nature will be charged any individual for services rendered in 
connection with any claim; and (B) unless, with respect to each claim, 
   such individual has filed with the Secretary a power of attorney, 
executed in such manner and form as the Secretary may prescribe. (2) An 
   individual recognized under this section shall be subject to the 
  provisions of section 5904(b) of this title on the same basis as an 
   individual recognized under section 5904(a) of this title. (c)(1) 
 Unless a claimant specifically indicates in a power of attorney filed 
       with the Department a desire to appoint only a recognized 
   representative of an organization listed in or approved under 811 
subsection (a), the Secretary may, for any purpose, treat the power of 
  attorney naming such an organization, a specific office of such an 
organization, or a recognized representative of such an organization as 
 the claimants representative as an appointment of the entire 
organization as the claimants representative. (2) Whenever the 
   Secretary is required or permitted to notify a claimants 
 representative, and the claimant has named in a power of attorney an 
  organization listed in or approved under subsection (a), a specific 
office of such an organization, or a recognized representative of such 
  an organization without specifically indicating a desire to appoint 
  only a recognized representative of the organization, the Secretary 
    shall notify the organization at the address designated by the 
 organization for the purpose of receiving the notification concerned. 
 (d) Service rendered in connection with any such claim, while not on 
   active duty, by any retired officer, warrant officer, or enlisted 
member of the Armed Forces recognized under this section shall not be a 
   violation of sections 203, 205, 206, or 207 of title 18. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1238, Sec. 3402; Pub. L. 
    9124, Sec. 12(b), June 11, 1969, 83 Stat. 34; Pub. L. 
 98160, title VII, Sec. 703(5), Nov. 21, 1983, 97 Stat. 1010; 
renumbered Sec. 5902, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(1), 
   (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 
 104275, title V, Sec. 508(a), Oct. 9, 1996, 110 Stat. 3343; 
 Pub. L. 109461, title I, Sec. 101(a)(2), Dec. 22, 2006, 120 
Stat. 3406.) ' 5903. Recognition with respect to particular claims (a) 
  IN GENERAL.The Secretary may recognize any individual for the 
preparation, presentation, and prosecution of any particular claim for 
 benefits under any of the laws administered by the Secretary if 
   (1) such individual has certified to the Secretary that no fee or 
compensation of any nature will be charged any individual for services 
  rendered in connection with such claim; and (2) such individual has 
 filed with the Secretary a power of attorney, executed in such manner 
and in such form as the Secretary may prescribe. (b) SUSPENSION.An 
   individual recognized under this section shall be subject to the 
  provisions of section 5904(b) of this title on the same basis as an 
  individual recognized under section 5904(a) of this title. (Pub. L. 
  85857, Sept. 2, 1958, 72 Stat. 1238, Sec. 3403; renumbered 
  Sec. 5903, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
  1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(1), (b)(1), 
       (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 
  109461, title I, Sec. 101(a)(3), Dec. 22, 2006, 120 Stat. 
   3407.) ' 5904. Recognition of agents and attorneys generally (a) 
RECOGNITION.(1) Except as provided in paragraph (4), the Secretary 
     may recognize any individual as an agent or attorney for the 
    preparation, presentation, and prosecution of claims under laws 
  administered by the Secretary. (2) The Secretary shall prescribe in 
regulations (consistent with the Model Rules of Professional Conduct of 
 the American Bar Association) qualifications and standards of conduct 
for individuals recognized under this section, including a requirement 
 that, as a condition of being so recognized, an individual must 
 (A) show that such individual is of good moral character and in good 
   repute, is qualified to render claimants valuable service, and is 
otherwise competent to assist claimants in presenting claims; (B) have 
such level of experience or specialized training as the Secretary shall 
   specify; and (C) certify to the Secretary that the individual has 
satisfied any qualifications and standards prescribed by the Secretary 
 under this section. (3) The Secretary shall prescribe in regulations 
requirements that each agent or attorney recognized under this section 
provide annually to the Secretary information about any court, bar, or 
Federal or State agency to which such agent or attorney is admitted to 
practice or otherwise authorized to appear, any relevant identification 
 number or numbers, and a certification by such agent or attorney that 
such agent or attorney is in good standing in every jurisdiction where 
 the agent or attorney is admitted to practice or otherwise authorized 
  to appear. (4) The Secretary may not recognize an individual as an 
   agent or attorney under paragraph (1) if such individual has been 
suspended or disbarred by any court, bar, or Federal or State agency to 
 which the individual was previously admitted to practice and has not 
   been subsequently reinstated. (5) The Secretary may prescribe in 
regulations reasonable restrictions on the amount of fees that an agent 
    or attorney may charge a claimant for services rendered in the 
   preparation, presentation, and prosecution of a claim before the 
   Department. A fee that does not exceed 20 percent of the past due 
     amount of benefits awarded on a claim shall be presumed to be 
 reasonable. (6)(A) The Secretary may charge and collect an assessment 
   from an individual recognized as an agent or attorney under this 
    section in any case in which the Secretary pays to the agent or 
attorney, from past-due benefits owed to a claimant represented by the 
    agent or attorney, an amount as a fee in accordance with a fee 
  arrangement between the claimant and the agent or attorney. (B) The 
 amount of an assessment under subparagraph (A) shall be equal to five 
 percent of the amount of the fee required to be paid to the agent or 
 attorney, except that the amount of such an assessment may not exceed 
 $100. (C) The Secretary may collect an assessment under subparagraph 
 (A) by offsetting the amount of the fee otherwise required to be paid 
    to the agent or attorney from the past-due benefits owed to the 
claimant represented by the agent or attorney. (D) An agent or attorney 
 who is charged an assessment under subparagraph (A) may not, directly 
   or indirectly, request, receive, or obtain reimbursement for such 
assessment from the claimant represented by the agent or attorney. (E) 
   Amounts collected under this paragraph shall be deposited in the 
  account available for administrative expenses for veterans 
benefits programs. Amounts so deposited shall be merged with amounts in 
 such account and shall be available for the same purpose, and subject 
 to the same conditions and limitations, as amounts otherwise in such 
  account. (b) SUSPENSION OF AGENTS AND ATTORNEYS.The Secretary, 
after notice and opportunity for a hearing, may suspend or exclude from 
further practice before the Department any agent or attorney recognized 
     under this section if the Secretary finds that such agent or 
   attorney (1) has engaged in any unlawful, unprofessional, or 
dishonest practice; (2) has been guilty of disreputable conduct; (3) is 
incompetent; (4) has violated or refused to comply with any of the laws 
   administered by the Secretary, or with any of the regulations or 
 instructions governing practice before the Department; (5) has in any 
   manner deceived, misled, or threatened any actual or prospective 
claimant; (6) has presented to the Secretary a frivolous claim, issue, 
or argument, involving conduct inconsistent with ethical standards for 
 the practice of law; (7) has been suspended or disbarred by any court 
   or bar to which such agent or attorney was previously admitted to 
 practice, or has been disqualified from participating in or appearing 
 before any Federal agency, and has not been subsequently reinstated; 
 (8) has charged excessive or unreasonable fees, as determined by the 
Secretary in accordance with subsection (c)(3)(A); or (9) has failed to 
comply with any other condition specified in regulations prescribed by 
    the Secretary for purposes of this subsection. (c)(1) Except as 
 provided in paragraph (4), in connection with a proceeding before the 
  Department with respect to benefits under laws administered by the 
 Secretary, a fee may not be charged, allowed, or paid for services of 
agents and attorneys with respect to services provided before the date 
 on which a notice of disagreement is filed with respect to the case. 
    The limitation in the preceding sentence does not apply to fees 
    charged, allowed, or paid for services provided with respect to 
   proceedings before a court. (2) A person who, acting as agent or 
  attorney in a case referred to in paragraph (1) of this subsection, 
       represents a person before the Department or the Board of 
Veterans Appeals after a notice of disagreement is filed with 
respect to the case shall file a copy of any fee agreement between them 
with the Secretary pursuant to regulations prescribed by the Secretary. 
(3)(A) The Secretary may, upon the Secretarys own motion or at 
 the request of the claimant, review a fee agreement filed pursuant to 
 paragraph (2) and may order a reduction in the fee called for in the 
     agreement if the Secretary finds that the fee is excessive or 
      unreasonable. (B) A finding or order of the Secretary under 
  subparagraph (A) may be reviewed by the Board of Veterans 
 Appeals under section 7104 of this title. (C) If the Secretary under 
 subsection (b) suspends or excludes from further practice before the 
  Department any agent or attorney who collects or receives a fee in 
  excess of the amount authorized under this section, the suspension 
 shall continue until the agent or attorney makes full restitution to 
each claimant from whom the agent or attorney collected or received an 
  excessive fee. If the agent or attorney makes such restitution, the 
Secretary may reinstate such agent or attorney under such rules as the 
Secretary may prescribe. (4) A reasonable fee may be charged or paid in 
connection with any proceeding before the Department in a case arising 
  out of a loan made, guaranteed, or insured under chapter 37 of this 
title. A person who charges a fee under this paragraph shall enter into 
 a written agreement with the person represented and shall file a copy 
   of the fee agreement with the Secretary at such time, and in such 
 manner, as may be specified by the Secretary. (d) PAYMENT OF FEES OUT 
OF PAST-DUE BENEFITS.(1) When a claimant and an agent or attorney 
have entered into a fee agreement described in paragraph (2), the total 
 fee payable to the agent or attorney may not exceed 20 percent of the 
   total amount of any past-due benefits awarded on the basis of the 
claim. (2)(A) A fee agreement referred to in paragraph (1) is one under 
which the total amount of the fee payable to the agent or attorney 
 (i) is to be paid to the agent or attorney by the Secretary directly 
from any past-due benefits awarded on the basis of the claim; and (ii) 
  is contingent on whether or not the matter is resolved in a manner 
  favorable to the claimant. (B) For purposes of subparagraph (A), a 
 claim shall be considered to have been resolved in a manner favorable 
to the claimant if all or any part of the relief sought is granted. (3) 
  To the extent that past-due benefits are awarded in any proceeding 
 before the Secretary, the Board of Veterans Appeals, or the 
 United States Court of Appeals for Veterans Claims, the Secretary may 
  direct that payment of any fee to an agent or attorney under a fee 
  arrangement described in paragraph (1) be made out of such past-due 
  benefits. In no event may the Secretary withhold for the purpose of 
  such payment any portion of benefits payable for a period after the 
       date of the final decision of the Secretary, the Board of 
  Veterans Appeals, or Court of Appeals for Veterans Claims 
making (or ordering the making of) the award. (Pub. L. 85857, 
Sept. 2, 1958, 72 Stat. 1238, Sec. 3404; Pub. L. 99576, title 
       VII, Sec. 701(80), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 
100687, div. A, title I, Sec. 104(a), Nov. 18, 1988, 102 Stat. 
 4108; renumbered Sec. 5904 and amended Pub. L. 10240, title 
 IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
102 83, Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 
 105 Stat. 403405; Pub. L. 102 405, title III, Sec. 
303(a), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 103446, title V, 
  Sec. 504(a), Nov. 2, 1994, 108 Stat. 4663; Pub. L. 105368, 
    title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 
109461, title I, Sec. 101(a)(1), (b), (c)(1), (d)(f), 
Dec. 22, 2006, 120 Stat. 3405, 3407, 3408.) ' 5905. Penalty for certain 
acts Whoever wrongfully withholds from any claimant or beneficiary any 
     part of a benefit or claim allowed and due to the claimant or 
beneficiary, shall be fined as provided in title 18, or imprisoned not 
more than one year, or both. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1239, Sec. 3405; Pub. L. 99576, title VII, Sec. 701(81), 
 Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100687, div. A, title 
I, Sec. 104(b), Nov. 18, 1988, 102 Stat. 4109; renumbered Sec. 5905 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
  7, 1991, 105 Stat. 238, 239; Pub. L. 102 83, Sec. 5(c)(1), 
  Aug. 6, 1991, 105 Stat. 406; Pub. L. 109461, title I, Sec. 
101(g), Dec. 22, 2006, 120 Stat. 3408.) CHAPTER 61 OF TITLE 38, UNITED 
 STATES CODE [As Amended Through P.L. 1127, Enacted March 31, 
     2011] xTITLE 38VETERANS BENEFITS xPART 
IVGENERAL ADMINISTRATIVE PROVISIONS CHAPTER 61PENAL 
 AND FORFEITURE PROVISIONS Sec. 6101. Misappropriation by fiduciaries. 
 6102. Fraudulent acceptance of payments. 6103. Forfeiture for fraud. 
     6104. Forfeiture for treason. 6105. Forfeiture for subversive 
 activities. 6106. Misuse of benefits by fiduciaries. 6107. Reissuance 
  of benefits. 6108. Authority for judicial orders of restitution. ' 
 6101. Misappropriation by fiduciaries (a) Whoever, being a fiduciary 
(as defined in section 5506 of this title) for the benefit of a minor, 
   incompetent, or other beneficiary under laws administered by the 
 Secretary, shall lend, borrow, pledge, hypothecate, use, or exchange 
 for other funds or property, except as authorized by law, or embezzle 
  or in any manner misappropriate any such money or property derived 
therefrom in whole or in part and coming into such fiduciarys 
        control in any manner whatever in the execution of such 
 fiduciarys trust, or under color of such fiduciarys 
office or service as such fiduciary, shall be fined in accordance with 
  title 18, or imprisoned not more than five years, or both. (b) Any 
   willful neglect or refusal to make and file proper accountings or 
 reports concerning such money or property as required by law shall be 
  taken to be sufficient evidence prima facie of such embezzlement or 
  misappropriation. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
1239, Sec. 3501; Pub. L. 99576, title VII, Sec. 701(82), Oct. 
28, 1986, 100 Stat. 3298; renumbered Sec. 6101, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
 10254, Sec. 14(d)(7), June 13, 1991, 105 Stat. 286; Pub. L. 
  10283, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 
 103446, title XII, Sec. 1201(e)(17), Nov. 2, 1994, 108 Stat. 
4686; Pub. L. 108454, title V, Sec. 501(c), Dec. 10, 2004, 118 
 Stat. 3618.) ' 6102. Fraudulent acceptance of payments (a) Any person 
entitled to monetary benefits under any of the laws administered by the 
 Secretary whose right to payment thereof ceases upon the happening of 
any contingency, who thereafter fraudulently accepts any such payment, 
shall be fined in accordance with title 18, or imprisoned not more than 
 one year, or both. (b) Whoever obtains or receives any money or check 
   under any of the laws administered by the Secretary without being 
  entitled to it, and with intent to defraud the United States or any 
  beneficiary of the United States, shall be fined in accordance with 
 title 18, or imprisoned not more than one year, or both. 819 (Pub. L. 
  85857, Sept. 2, 1958, 72 Stat. 1239, Sec. 3502; renumbered 
  Sec. 6102, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
 1991, 105 Stat. 238; Pub. L. 10254, Sec. 14(d)(7), June 13, 
  1991, 105 Stat. 286; Pub. L. 10283, Sec. 4(a)(1), Aug. 6, 
1991,105 Stat. 403.) ' 6103. Forfeiture for fraud (a) Whoever knowingly 
makes or causes to be made or conspires, combines, aids, or assists in, 
     agrees to, arranges for, or in any way procures the making or 
     presentation of a false or fraudulent affidavit, declaration, 
  certificate, statement, voucher, or paper, concerning any claim for 
 benefits under any of the laws administered by the Secretary (except 
   laws pertaining to insurance benefits) shall forfeit all rights, 
   claims, and benefits under all laws administered by the Secretary 
(except laws pertaining to insurance benefits). (b) Whenever a veteran 
  entitled to disability compensation has forfeited the right to such 
 compensation under this section, the compensation payable but for the 
 forfeiture shall thereafter be paid to the veterans spouse, 
children, and parents. Payments made to a spouse, children, and parents 
 under the preceding sentence shall not exceed the amounts payable to 
  each if the veteran had died from service-connected disability. No 
   spouse, child, or parent who participated in the fraud for which 
  forfeiture was imposed shall receive any payment by reason of this 
  subsection. An apportionment award under this subsection may not be 
made in any case after September 1, 1959. (c) Forfeiture of benefits by 
  a veteran shall not prohibit payment of the burial allowance, death 
 compensation, dependency and indemnity compensation, or death pension 
in the event of the veterans death. (d)(1) After September 1, 
 1959, no forfeiture of benefits may be imposed under this section or 
 section 6104 of this title upon any individual who was a resident of, 
   or domiciled in, a State at the time the act or acts occurred on 
   account of which benefits would, but not for this subsection, be 
    forfeited unless such individual ceases to be a resident of, or 
domiciled in, a State before the expiration of the period during which 
  criminal prosecution could be instituted. This subsection shall not 
apply with respect to (A) any forfeiture occurring before September 1, 
 1959, or (B) an act or acts which occurred in the Philippine Islands 
    before July 4, 1946. (2) The Secretary is hereby authorized and 
directed to review all cases in which, because of a false or fraudulent 
 affidavit, declaration, certificate, statement, voucher, or paper, a 
   forfeiture of gratuitous benefits under laws administered by the 
Secretary was imposed, pursuant to this section or prior provisions of 
  law, on or before September 1, 1959. In any such case in which the 
 Secretary determines that the forfeiture would not have been imposed 
under the provisions of this section in effect after September 1, 1959, 
  the Secretary shall remit the forfeiture, effective June 30, 1972. 
 Benefits to which the individual concerned becomes eligible by virtue 
 of any such remission may be awarded, upon application therefor, and 
    the effective date of any award of compensation, dependency and 
 indemnity compensation, or pension made in such a case shall be fixed 
  in accordance with the provisions of section 5110(g) of this title. 
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1240, Sec. 3503; Pub. 
    L. 86222, Sec. 1, Sept. 1, 1959, 73 Stat. 452; Pub. L. 
    9124, Sec. 13(a), June 11, 1969, 83 Stat. 34; Pub. L. 
 92328, title II, Sec. 206, June 30, 1972, 86 Stat. 397; Pub. 
  L. 98160, title VII, Sec. 703(6), Nov. 21, 1983, 97 Stat. 
 1011; Pub. L. 99576, title VII, Sec. 701(83), Oct. 28, 1986, 
       100 Stat. 3298; renumbered Sec. 6103 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10254, Sec. 14(d)(8), June 13, 1991, 
 105 Stat. 286; Pub. L. 10283, Sec. 4(a)(1), (b)(1), (2)(E), 
Aug. 6, 1991, 105 Stat. 403405; Pub. L. 103446, title 
 XII, Sec. 1201(e)(18), (f)(5), Nov. 2, 1994, 108 Stat. 4686, 4687.) ' 
     6104. Forfeiture for treason (a) Any person shown by evidence 
    satisfactory to the Secretary to be guilty of mutiny, treason, 
 sabotage, or rendering assistance to an enemy of the United States or 
 of its allies shall forfeit all accrued or future gratuitous benefits 
  under laws administered by the Secretary. (b) The Secretary, in the 
   Secretarys discretion, may apportion and pay any part of 
benefits forfeited under subsection (a) to the dependents of the person 
  forfeiting such benefits. No dependent of any person shall receive 
benefits by reason of this subsection in excess of the amount to which 
 the dependent would be entitled if such person were dead. (c) In the 
 case of any forfeiture under this section there shall be no authority 
after September 1, 1959 (1) to make an apportionment award pursuant to 
  subsection (b) or (2) to make an award to any person of gratuitous 
    benefits based on any period of military, naval, or air service 
   commencing before the date of commission of the offense. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1240, Sec. 3504; Pub. L. 
     86222, Sec. 2, Sept. 1, 1959, 73 Stat. 452; Pub. L. 
    9124, Sec. 13(b), June 11, 1969, 83 Stat. 34; Pub. L. 
   97295, Sec. 4(78), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 
99576, title VII, Sec. 701(84), Oct. 28, 1986, 100 Stat. 3298; 
renumbered Sec. 6104, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(1), 
   (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.) ' 6105. 
    Forfeiture for subversive activities (a) Any individual who is 
convicted after September 1, 1959, of any offense listed in subsection 
  (b) of this section shall, from and after the date of commission of 
such offense, have no right to gratuitous benefits (including the right 
   to burial in a national cemetery) under laws administered by the 
     Secretary based on periods of military, naval, or air service 
  commencing before the date of the commission of such offense and no 
  other person shall be entitled to such benefits on account of such 
individual. After receipt of notice of the return of an indictment for 
such an offense the Secretary shall suspend payment of such gratuitous 
   benefits pending disposition of the criminal proceedings. If any 
individual whose right to benefits has been terminated pursuant to this 
  section is granted a pardon of the offense by the President of the 
 United States, the right to such benefits shall be restored as of the 
date of such pardon. (b) The offenses referred to in subsection (a) of 
  this section are those offenses for which punishment is prescribed 
 in (1) sections 894, 904, and 906 of title 10 (articles 94, 104, 
  and 106 of the Uniform Code of Military Justice); (2) sections 175, 
  229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381, 2382, 2383, 
 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of title 18; (3) 
 sections 222, 223, 224, 225, and 226 of the Atomic Energy Act of 1954 
(42 U.S.C. 2272, 2273, 2274, 2275, and 2276); and (4) section 4 of the 
  Internal Security Act of 1950 (50 U.S.C. 783). (c) The Secretary of 
 Defense or the Secretary of Homeland Security, as appropriate, shall 
 notify the Secretary in each case in which an individual is convicted 
 of an offense listed in paragraph (1) of subsection (b). The Attorney 
General shall notify the Secretary in each case in which an individual 
is indicted or convicted of an offense listed in paragraph (2), (3), or 
(4) of subsection (b). (Added Pub. L. 86222, Sec. 3(a), Sept. 
1, 1959, 73 Stat. 453, Sec. 3505; amended Pub. L. 92128, Sec. 
2(c), Sept. 25, 1971, 85 Stat. 348; Pub. L. 9343, Sec. 8, June 
  18, 1973, 87 Stat. 88; Pub. L. 97295, Sec. 4(79), Oct. 12, 
  1982, 96 Stat. 1311; renumbered Sec. 6105, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
 10254, Sec. 14(d)(9), June 13, 1991, 105 Stat. 287; Pub. L. 
  10283, Sec. 4(a)(1), (2)(A)(xiv), (b)(1), (2)(E), Aug. 6, 
 1991, 105 Stat. 403405; Pub. L. 103 446, title XII, 
        Sec. 1201(e)(19), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 
  107296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 
 2315; Pub. L. 108183, title VII, Sec. 705(a), Dec. 16, 2003, 
  117 Stat. 2672.) ' 6106. Misuse of benefits by fiduciaries (a) FEE 
 FORFEITURE IN CASE OF BENEFIT MISUSE BY FIDUCIARIES.A fiduciary 
may not collect a fee from a beneficiary for any month with respect to 
which the Secretary or a court of competent jurisdiction has determined 
  that the fiduciary misused all or part of the individuals 
benefit, and any amount so collected by the fiduciary as a fee for such 
 month shall be treated as a misused part of the individuals 
   benefit. (b) MISUSE OF BENEFITS DEFINED.For purposes of this 
chapter, misuse of benefits by a fiduciary occurs in any case in which 
 the fiduciary receives payment, under any of laws administered by the 
   Secretary, for the use and benefit of a beneficiary and uses such 
  payment, or any part thereof, for a use other than for the use and 
 benefit of such beneficiary or that beneficiarys dependents. 
    Retention by a fiduciary of an amount of a benefit payment as a 
 fiduciary fee or commission, or as attorneys fees (including 
expenses) and court costs, if authorized by the Secretary or a court of 
   competent jurisdiction, shall be considered to be for the use or 
  benefit of such beneficiary. (c) REGULATIONS.The Secretary may 
  prescribe by regulation the meaning of the term use and 
benefit for purposes of this section. (Added Pub. L. 
  108454, title V, Sec. 503(a)(1), Dec. 10, 2004, 118 Stat. 
    3619.) ' 6107. Reissuance of benefits (a) NEGLIGENT FAILURE BY 
 SECRETARY.(1) In any case in which the negligent failure of the 
 Secretary to investigate or monitor a fiduciary results in misuse of 
 benefits by the fiduciary, the Secretary shall pay to the beneficiary 
or the beneficiarys successor fiduciary an amount equal to the 
amount of benefits that were so misused. (2) There shall be considered 
 to have been a negligent failure by the Secretary to investigate and 
  monitor a fiduciary in the following cases: (A) A case in which the 
 Secretary failed to review a fiduciarys accounting within 60 
days of the date on which that accounting is scheduled for review. (B) 
 A case in which the Secretary was notified of allegations of misuse, 
 but failed to act within 60 days of the date of such notification to 
    terminate the fiduciary. (C) In any other case in which actual 
   negligence is shown. (b) REISSUANCE OF MISUSED BENEFITS IN OTHER 
CASES.(1) In any case in which a fiduciary described in paragraph 
(2) misuses all or part of an individuals benefit paid to such 
     fiduciary, the Secretary shall pay to the beneficiary or the 
beneficiarys successor fiduciary an amount equal to the amount 
 of such benefit so misused. (2) Paragraph (1) applies to a fiduciary 
 that (A) is not an individual; or (B) is an individual who, for 
    any month during a period when misuse occurs, serves 10 or more 
 individuals who are beneficiaries under this title. (3) In any other 
case in which the Secretary obtains recoupment from a fiduciary who has 
  misused benefits, the Secretary shall promptly remit payment of the 
   recouped amounts to the beneficiary or the beneficiarys 
successor fiduciary as the case may be. (c) LIMITATION ON TOTAL AMOUNT 
    PAID.The total of the amounts paid to a beneficiary (or a 
 beneficiarys successor fiduciary) under this section may not 
 exceed the total benefit amount misused by the fiduciary with respect 
  to that beneficiary. (d) RECOUPMENT OF AMOUNTS REISSUED.In any 
case in which the Secretary reissues a benefit payment (in whole or in 
  part) under subsection (a) or (b), the Secretary shall make a good 
   faith effort to obtain recoupment from the fiduciary to whom the 
 payment was originally made. (Added Pub. L. 108454, title V, 
 Sec. 503(a)(1), Dec. 10, 2004, 118 Stat. 3619.) ' 6108. Authority for 
judicial orders of restitution (a) Any Federal court, when sentencing a 
 defendant convicted of an offense arising from the misuse of benefits 
  under this title, may order, in addition to or in lieu of any other 
 penalty authorized by law, that the defendant make restitution to the 
 Department. (b) Sections 3612, 3663, and 3664 of title 18 shall apply 
 with respect to the issuance and enforcement of orders of restitution 
  under subsection (a). In so applying those sections, the Department 
    shall be considered the victim. (c) If the court does not order 
restitution, or orders only partial restitution, under subsection (a), 
 the court shall state on the record the reasons therefor. (d) Amounts 
  received in connection with misuse by a fiduciary of funds paid as 
benefits under laws administered by the Secretary shall be paid to the 
individual whose benefits were misused. If the Secretary has previously 
reissued the misused benefits, the amounts shall be treated in the same 
manner as overpayments recouped by the Secretary and shall be deposited 
    to the credit of the applicable revolving fund, trust fund, or 
appropriation. (Added Pub. L. 108454, title V, Sec. 504(b)(1), 
 Dec. 10, 2004, 118 Stat. 3621.) CHAPTER 63 OF TITLE 38, UNITED STATES 
 CODE [As Amended Through P.L. 1127, Enacted March 31, 2011] 
xTITLE 38VETERANS BENEFITS xPART IVGENERAL 
ADMINISTRATIVE PROVISIONS CHAPTER 63OUTREACH ACTIVITIES ' 
   6301. Purpose; definitions (a) PURPOSE.The Congress declares 
that (1) the outreach services program authorized by this chapter 
is for the purpose of ensuring that all veterans (especially those who 
have been recently discharged or released from active military, naval, 
or air service, or from a reserve component, and those who are eligible 
for readjustment or other benefits and services under laws administered 
 by the Department) are provided timely and appropriate assistance to 
aid and encourage them in applying for and obtaining such benefits and 
  services in order that they may achieve a rapid social and economic 
 readjustment to civilian life and obtain a higher standard of living 
  for themselves and their dependents; and (2) the outreach services 
 program authorized by this chapter is for the purpose of charging the 
 Department with the affirmative duty of seeking out eligible veterans 
  and eligible dependents and providing them with such services. (b) 
  DEFINITIONS.For the purposes of this chapter (1) the term 
  outreach means the act or process of 
reaching out in a systematic manner to proactively provide information, 
  services, and benefits counseling to veterans, and to the spouses, 
   children, and parents of veterans who may be eligible to receive 
 benefits under the laws administered by the Secretary, to ensure that 
 such individuals are fully informed about, and receive assistance in 
      applying for, such benefits; (2) the term other 
  governmental programs includes all programs under 
  State or local laws as well as all programs under Federal law other 
         than those authorized by this title; and (3) the term 
   eligible dependent means a spouse, 
surviving spouse, child, or dependent parent of a person who served in 
      the active military, naval, or air service. (Added Pub. L. 
 109233, title IV, Sec. 402(a), June 15, 2006, 120 Stat. 407; 
 amended Pub. L. 110181, div. A, title XVII, Sec. 1710, Jan. 
   28, 2008, 122 Stat. 494.) ' 6302. Biennial plan (a) BIENNIAL PLAN 
  REQUIRED.The Secretary shall, during the first nine months of 
   every odd-numbered year, prepare a biennial plan for the outreach 
 activities of the Department for the two-fiscal-year period beginning 
  on October 1 of that year. 827 (b) ELEMENTS.Each biennial plan 
under subsection (a) shall include the following: (1) Plans for efforts 
   to identify eligible veterans and eligible dependents who are not 
  enrolled or registered with the Department for benefits or services 
    under the programs administered by the Secretary. (2) Plans for 
informing eligible veterans and eligible dependents of modifications of 
   the benefits and services under the programs administered by the 
   Secretary, including eligibility for medical and nursing care and 
   services. (c) COORDINATION IN DEVELOPMENT.In developing the 
 biennial plan under subsection (a), the Secretary shall consult with 
    the following: (1) Directors or other appropriate officials of 
  organizations approved by the Secretary under section 5902 of this 
title. (2) Directors or other appropriate officials of State and local 
education and training programs. (3) Representatives of nongovernmental 
     organizations that carry out veterans outreach programs. (4) 
 Representatives of State and local veterans employment organizations. 
 (5) Other individuals and organizations that the Secretary considers 
  appropriate. (Added Pub. L. 109233, title IV, Sec. 402(a), 
     June 15, 2006, 120 Stat. 408.) ' 6303. Outreach services (a) 
 REQUIREMENT TO PROVIDE SERVICES.In carrying out the purposes of 
    this chapter, the Secretary shall provide the outreach services 
specified in subsections (b) through (d). In areas where a significant 
 number of eligible veterans and eligible dependents speak a language 
other than English as their principal language, such services shall, to 
 the maximum feasible extent, be provided in the principal language of 
such persons. (b) INDIVIDUAL NOTICE TO NEW VETERANS.The Secretary 
        shall by letter advise each veteran at the time of the 
veterans discharge or release from active military, naval, or 
air service (or as soon as possible after such discharge or release) of 
all benefits and services under laws administered by the Department for 
which the veteran may be eligible. In carrying out this subsection, the 
  Secretary shall ensure, through the use of veteran-student services 
    under section 3485 of this title, that contact, in person or by 
   telephone, is made with those veterans who, on the basis of their 
   military service records, do not have a high school education or 
  equivalent at the time of discharge or release. (c) DISTRIBUTION OF 
   INFORMATION.(1) The Secretary (A) shall distribute full 
information to eligible veterans and eligible dependents regarding all 
    benefits and services to which they may be entitled under laws 
  administered by the Secretary; and (B) may, to the extent feasible, 
   distribute information on other governmental programs (including 
manpower and training programs) which the Secretary determines would be 
   beneficial to veterans. (2) Whenever a veteran or dependent first 
   applies for any benefit under laws administered by the Secretary 
 (including a request for burial or related benefits or an application 
   for life insurance proceeds), the Secretary shall provide to the 
 veteran or dependent information concerning benefits and health care 
services under programs administered by the Secretary. Such information 
 shall be provided not later than three months after the date of such 
  application. (d) PROVISION OF AID AND ASSISTANCE.The Secretary 
   shall provide, to the maximum extent possible, aid and assistance 
    (including personal interviews) to members of the Armed Forces, 
 veterans, and eligible dependents with respect to subsections (b) and 
   (c) and in the preparation and presentation of claims under laws 
  administered by the Department. (e) ASSIGNMENT OF EMPLOYEES.In 
carrying out this section, the Secretary shall assign such employees as 
 the Secretary considers appropriate to conduct outreach programs and 
provide outreach services for homeless veterans. Such outreach services 
    may include site visits through which homeless veterans can be 
 identified and provided assistance in obtaining benefits and services 
 that may be available to them. (Added Pub. L. 109233, title 
   IV, Sec. 402(a), June 15, 2006, 120 Stat. 408.) ' 6304. Veterans 
 assistance offices (a) IN GENERAL.The Secretary shall establish 
and maintain veterans assistance offices at such places throughout the 
     United States and its territories and possessions, and in the 
    Commonwealth of Puerto Rico, as the Secretary determines to be 
necessary to carry out the purposes of this chapter. The Secretary may 
maintain such offices on such military installations located elsewhere 
as the Secretary, after consultation with the Secretary of Defense and 
taking into account recommendations, if any, of the Secretary of Labor, 
determines to be necessary to carry out such purposes. (b) LOCATION OF 
    OFFICES.In establishing and maintaining such offices, the 
     Secretary shall give due regard to (1) the geographical 
 distribution of veterans recently discharged or released from active 
military, naval, or air service; (2) the special needs of educationally 
   disadvantaged veterans (including their need for accessibility of 
  outreach services); and (3) the necessity of providing appropriate 
       outreach services in less populated areas. (Added Pub. L. 
109233, title IV, Sec. 402(a), June 15, 2006, 120 Stat. 409.) 
    ' 6305. Outstationing of counseling and outreach personnel The 
 Secretary may station employees of the Department at locations other 
    than Department offices, including educational institutions, to 
  provide (1) counseling and other assistance regarding benefits 
 under this title to veterans and other persons eligible for benefits 
under this title; and (2) outreach services under this chapter. (Added 
  Pub. L. 109233, title IV, Sec. 402(a), June 15, 2006, 120 
  Stat. 409.) ' 6306. Use of other agencies (a) In carrying out this 
 chapter, the Secretary shall arrange with the Secretary of Labor for 
the State employment service to match the particular qualifications of 
 an eligible veteran or eligible dependent with an appropriate job or 
 job training opportunity, including, where possible, arrangements for 
     outstationing the State employment personnel who provide such 
assistance at appropriate facilities of the Department. (b) In carrying 
    out this chapter, the Secretary shall, in consultation with the 
   Secretary of Labor, actively seek to promote the development and 
establishment of employment opportunities, training opportunities, and 
other opportunities for veterans, with particular emphasis on the needs 
  of veterans with service-connected disabilities and other eligible 
veterans, taking into account applicable rates of unemployment and the 
   employment emphases set forth in chapter 42 of this title. (c) In 
 carrying out this chapter, the Secretary shall cooperate with and use 
the services of any Federal department or agency or any State or local 
 governmental agency or recognized national or other organization. (d) 
 In carrying out this chapter, the Secretary shall, where appropriate, 
 make referrals to any Federal department or agency or State or local 
governmental unit or recognized national or other organization. (e) In 
 carrying out this chapter, the Secretary may furnish available space 
and office facilities for the use of authorized representatives of such 
  governmental unit or other organization providing services. (f) In 
carrying out this chapter, the Secretary shall conduct and provide for 
   studies, in consultation with appropriate Federal departments and 
 agencies, to determine the most effective program design to carry out 
the purposes of this chapter. (Added Pub. L. 109233, title IV, 
   Sec. 402(a), June 15, 2006, 120 Stat. 409.) ' 6307. Outreach for 
 eligible dependents (a) NEEDS OF DEPENDENTS.In carrying out this 
    chapter, the Secretary shall ensure that the needs of eligible 
 dependents are fully addressed. (b) INFORMATION AS TO AVAILABILITY OF 
 OUTREACH SERVICES FOR DEPENDENTS.The Secretary shall ensure that 
   the availability of outreach services and assistance for eligible 
dependents under this chapter is made known through a variety of means, 
  including the Internet, announcements in veterans publications, and 
 announcements to the media. (Added Pub. L. 109233, title IV, 
Sec. 402(a), June 15, 2006, 120 Stat. 410.) ' 6308. Biennial report to 
 Congress (a) REPORT REQUIRED.The Secretary shall, not later than 
 December 1 of every even-numbered year (beginning in 2008), submit to 
    Congress a report on the outreach activities carried out by the 
   Department. (b) CONTENT.Each report under this section shall 
 include the following: (1) A description of the implementation during 
 the preceding fiscal year of the current biennial plan under section 
  6302 of this title. (2) Recommendations for the improvement or more 
effective administration of the outreach activities of the Department. 
 (Added Pub. L. 109233, title IV, Sec. 402(a), June 15, 2006, 
120 Stat. 410.) CHAPTER 71 OF TITLE 38, UNITED STATES CODE [As Amended 
      Through P.L. 1127, Enacted March 31, 2011] xTITLE 
     38VETERANS BENEFITS PART VBOARDS, 
        ADMINISTRATIONS, AND SERVICES Chapter Sec. 71. Board of 
Veterans Appeals ............................................ 
 7101 72. United States Court of Appeals for Veterans Claims 7251 73. 
       Veterans Health Administration-Organization and Functions 
 ..................................................................... 
  7301 74. Veterans Health Administration-Personnel ................. 
 7401 75. Visual Impairment and Orientation and Mobility Professionals 
     Educational Assistance Program .............. 7501 76. Health 
Professionals Educational Assistance Program 7601 77. Veterans Benefits 
       Administration ................................. 7701 78. 
                   Veterans Canteen Service 
  ............................................. 7801 79. Information 
Security Education Assistance Program .. 7901 835 CHAPTER 71BOARD 
    OF VETERANS APPEALS Sec. 7101. Composition of Board of 
 Veterans Appeals.7101A. Members of Board: appointment; pay; 
    performance review. 7102. Assignment of members of Board. 7103. 
 Reconsideration; correction of obvious errors. 7104. Jurisdiction of 
 the Board. 7105. Filing of notice of disagreement and appeal. 7105A. 
  Simultaneously contested claims.7106. Administrative appeals. 7107. 
  Appeals: dockets; hearings. 7108. Rejection of applications. 7109. 
   Independent medical opinions. [7110. Repealed.] 7111. Revision of 
 decisions on grounds of clear and unmistakable error.7112. Expedited 
     treatment of remanded claims. ' 7101. Composition of Board of 
  Veterans Appeals (a) There is in the Department a Board of 
 Veterans Appeals (hereinafter in this chapter referred to as 
   the Board). The Board is under the 
     administrative control and supervision of a chairman directly 
responsible to the Secretary. The Board shall consist of a Chairman, a 
Vice Chairman, and such number of members as may be found necessary in 
 order to conduct hearings and dispose of appeals properly before the 
Board in a timely manner. The Board shall have such other professional, 
 administrative, clerical, and stenographic personnel as are necessary 
    in conducting hearings and considering and disposing of appeals 
 properly before the Board. The Board shall have sufficient personnel 
 under the preceding sentence to enable the Board to conduct hearings 
  and consider and dispose of appeals properly before the Board in a 
timely manner. (b)(1) The Chairman shall be appointed by the President, 
  by and with the advice and consent of the Senate, for a term of six 
  years. The Chairman shall be subject to the same ethical and legal 
   limitations and restrictions concerning involvement in political 
activities as apply to judges of the United States Court of Appeals for 
 Veterans Claims. (2) The Chairman may be removed by the President for 
misconduct, inefficiency, neglect of duty, or engaging in the practice 
 of law or for physical or mental disability which, in the opinion of 
the President, prevents the proper execution of the Chairmans 
duties. The Chairman may not be removed from office by the President on 
 any other grounds. Any such removal may only be made after notice and 
 opportunity for hearing. (3) The Chairman may be appointed under this 
 subsection to more than one term. If, upon the expiration of the term 
    of office for which the Chairman was appointed, the position of 
 Chairman would become vacant, the individual serving as Chairman may, 
with the approval of the Secretary, continue to serve as Chairman until 
 either appointed to another term or a successor is appointed, 837 but 
  not beyond the end of the Congress during which the term of office 
 expired. (4) The Secretary shall designate one member of the Board as 
 Vice Chairman. The Vice Chairman shall perform such functions as the 
 Chairman may specify. Such member shall serve as Vice Chairman at the 
pleasure of the Secretary. (c)(1)(A) The Chairman may from time to time 
 designate one or more employees of the Department to serve as acting 
members of the Board. Except as provided in subparagraph (B), any such 
designation shall be for a period not to exceed 90 days, as determined 
 by the Chairman. (B) An individual designated as an acting member of 
the Board may continue to serve as an acting member of the Board in the 
 making of any determination on a proceeding for which the individual 
 was designated as an acting member of the Board, notwithstanding the 
termination of the period of designation of the individual as an acting 
 member of the Board under subparagraph (A) or (C). (C) An individual 
 may not serve as an acting member of the Board for more than 270 days 
  during any one-year period. (D) At no time may the number of acting 
 members exceed 20 percent of the total of the number of Board members 
  and acting Board members combined. (2) In each annual report to the 
 Congress under section 529 of this title, the Secretary shall provide 
 detailed descriptions of the activities undertaken and plans made in 
   the fiscal year for which the report is made with respect to the 
 authority provided by paragraph (1) of this subsection. In each such 
 report, the Secretary shall indicate, in terms of full-time employee 
equivalents, the number of acting members of the Board designated under 
such paragraph (1) during the year for which the report is made. (d)(1) 
After the end of each fiscal year, the Chairman shall prepare a report 
    on the activities of the Board during that fiscal year and the 
projected activities of the Board for the fiscal year during which the 
   report is prepared and the next fiscal year. Such report shall be 
included in the documents providing detailed information on the budget 
   for the Department that the Secretary submits to the Congress in 
  conjunction with the Presidents budget submission for any 
fiscal year pursuant to section 1105 of title 31. (2) Each such report 
 shall include, with respect to the preceding fiscal year, information 
 specifying (A) the number of cases appealed to the Board during 
  that year; (B) the number of cases pending before the Board at the 
  beginning and at the end of that year; (C) the number of such cases 
  which were filed during each of the 36 months preceding the current 
fiscal year; (D) the average length of time a case was before the Board 
between the time of the filing of an appeal and the disposition during 
 the preceding fiscal year; (E) the number of members of the Board at 
  the end of the year and the number of professional, administrative, 
 clerical, stenographic, and other personnel employed by the Board at 
 the end of the preceding fiscal year; and (F) the number of employees 
of the Department designated under subsection (c)(1) to serve as acting 
members of the Board during that year and the number of cases in which 
each such member participated during that year. (3) The projections in 
 each such report for the current fiscal year and for the next fiscal 
  year shall include (for each such year) (A) an estimate of the 
 number of cases to be appealed to the Board; and (B) an evaluation of 
  the ability of the Board (based on existing and projected personnel 
  levels) to ensure timely disposition of such appeals as required by 
  section 7101(a) of this title. (e) A performance incentive that is 
authorized by law for officers and employees of the Federal Government 
may be awarded to a member of the Board (including an acting member) by 
   reason of that members service on the Board only if the 
  Chairman of the Board determines that such member should be awarded 
that incentive. A determination by the Chairman for such purpose shall 
  be made taking into consideration the quality of performance of the 
 Board member. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1240, 
 Sec. 4001; Pub. L. 98223, title II, Sec. 208(a)(c), 
 Mar. 2, 1984, 98 Stat. 43, 44; Pub. L. 100687, div. A, title 
II, Sec. 201(a), 202(b), 208, 209, Nov. 18, 1988, 102 Stat. 4109, 4110, 
 4112; renumbered Sec. 7101 and amended Pub. L. 10240, title 
 IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
 10254, Sec. 14(e)(2), June 13, 1991, 105 Stat. 287; Pub. L. 
  10283, Sec. 2(c)(3), 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 
     1991, 105 Stat. 402, 404, 405; Pub. L. 103271, Sec. 
25, July 1, 1994, 108 Stat. 740, 741; Pub. L. 103446, 
   title II, Sec. 201(d), 203, Nov. 2, 1994, 108 Stat. 4657; Pub. L. 
  105368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
 3341; Pub. L. 10714, Sec. 8(a)(16), June 5, 2001, 115 Stat. 
 35.) ' 7101A. Members of Board: appointment; pay; performance review 
(a)(1) The members of the Board of Veterans Appeals other than 
 the Chairman (and including the Vice Chairman) shall be appointed by 
     the Secretary, with the approval of the President, based upon 
recommendations of the Chairman. (2) Each member of the Board shall be 
  a member in good standing of the bar of a State. (b) Members of the 
  Board (other than the Chairman and any member of the Board who is a 
   member of the Senior Executive Service) shall, in accordance with 
  regulations prescribed by the Secretary, be paid basic pay at rates 
    equivalent to the rates payable under section 5372 of title 5. 
     (c)(1)(A) The Chairman shall establish a panel to review the 
 performance of members of the Board. The panel shall be comprised of 
 the Chairman and two other members of the Board (other than the Vice 
  Chairman). The Chairman shall periodically rotate membership on the 
  panel so as to ensure that each member of the Board (other than the 
    Vice Chairman) serves as a member of the panel for and within a 
reasonable period. (B) Not less than one year after the job performance 
standards under subsection (f) are initially established, and not less 
 often than once every three years thereafter, the performance review 
panel shall determine, with respect to each member of the Board (other 
 than the Chairman or a member who is a member of the Senior Executive 
Service), whether that members job performance as a member of 
  the Board meets the performance standards for a member of the Board 
 established under subsection (f). Each such determination shall be in 
 writing. (2) If the determination of the performance review panel in 
 any case is that the members job performance as a member of 
  the Board meets the performance standards for a member of the Board 
  established under subsection (f), the Chairman shall recertify the 
   members appointment as a member of the Board. (3) If the 
 determination of the performance review panel in any case is that the 
    members job performance does not meet the performance 
 standards for a member of the Board established under subsection (f), 
     the Chairman shall, based upon the individual circumstances, 
either (A) grant the member a conditional recertification; or (B) 
recommend to the Secretary that the member be non-certified. (4) In the 
      case of a member of the Board who is granted a conditional 
   recertification under paragraph (3)(A) or (5)(A), the performance 
 review panel shall review the members job performance record 
 and make a further determination under paragraph (1) concerning that 
   member not later than one year after the date of the conditional 
 recertification. If the determination of the performance review panel 
 at that time is that the members job performance as a member 
of the Board still does not meet the performance standards for a member 
   of the Board established under subsection (f), the Chairman shall 
 recommend to the Secretary that the member be noncertified. (5) In a 
case in which the Chairman recommends to the Secretary under paragraph 
    (3) or (4) that a member be noncertified, the Secretary, after 
  considering the recommendation of the Chairman, may either (A) 
 grant the member a conditional recertification; or (B) determine that 
the member should be noncertified. (d)(1) If the Secretary, based upon 
  the recommendation of the Chairman, determines that a member of the 
 Board should be non-certified, that members appointment as a 
   member of the Board shall be terminated and that member shall be 
   removed from the Board. (2)(A) Upon removal from the Board under 
 paragraph (1) of a member of the Board who before appointment to the 
 Board served as an attorney in the civil service, the Secretary shall 
   appoint that member to an attorney position at the Board, if the 
removed member so requests. If the removed member served in an attorney 
  position at the Board immediately before appointment to the Board, 
 appointment to an attorney position under this paragraph shall be in 
 the grade and step held by the removed member immediately before such 
appointment to the Board. (B) The Secretary is not required to make an 
    appointment to an attorney position under this paragraph if the 
    Secretary determines that the member of the Board removed under 
paragraph (1) is not qualified for the position. (e)(1) A member of the 
  Board (other than the Chairman or a member of the Senior Executive 
   Service) may be removed as a member of the Board by reason of job 
performance only as provided in subsections (c) and (d). Such a member 
    may be removed by the Secretary, upon the recommendation of the 
 Chairman, for any other reason as determined by the Secretary. (2) In 
the case of a removal of a member under this section for a reason other 
 than job performance that would be covered by section 7521 of title 5 
 in the case of an administrative law judge, the removal of the member 
 of the Board shall be carried out subject to the same requirements as 
  apply to removal of an administrative law judge under that section. 
Section 554(a)(2) of title 5 shall not apply to a removal action under 
  this subsection. In such a removal action, a member shall have the 
  rights set out in section 7513(b) of that title. (f) The Chairman, 
subject to the approval of the Secretary, shall establish standards for 
  the performance of the job of a member of the Board (other than the 
Chairman or a member of the Senior Executive Service). Those standards 
 shall establish objective and fair criteria for evaluation of the job 
performance of a member of the Board. (g) The Secretary shall prescribe 
procedures for the administration of this section, including deadlines 
  and time schedules for different actions under this section. (Added 
 Pub. L. 103446, title II, Sec. 201(a)(1), Nov. 2, 1994, 108 
 Stat. 4655; amended Pub. L. 105368, title X, Sec. 1002, Nov. 
11, 1998, 112 Stat. 3363.) ' 7102. Assignment of members of Board (a) A 
proceeding instituted before the Board may be assigned to an individual 
member of the Board or to a panel of not less than three members of the 
      Board. A member or panel assigned a proceeding shall make a 
    determination thereon, including any motion filed in connection 
therewith. The member or panel, as the case may be, shall make a report 
 under section 7104(d) of this title on any such determination, which 
report shall constitute the final disposition of the proceeding by the 
 member or panel. (b) A proceeding may not be assigned to the Chairman 
 as an individual member. The Chairman may participate in a proceeding 
  assigned to a panel or in a reconsideration assigned to a panel of 
 members. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1241, Sec. 
4002; Pub. L. 98223, title II, Sec. 208(c), (d), Mar. 2, 1984, 
 98 Stat. 44; renumbered Sec. 7102 and amended Pub. L. 10240, 
title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. 
L. 10283, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. 
 L. 103271, Sec. 6(a), July 1, 1994, 108 Stat. 741.) ' 7103. 
 Reconsideration; correction of obvious errors (a) The decision of the 
 Board determining a matter under section 7102 of this title is final 
     unless the Chairman orders reconsideration of the decision in 
   accordance with subsection (b). Such an order may be made on the 
 Chairmans initiative or upon motion of the claimant. (b)(1) 
Upon the order of the Chairman for reconsideration of the decision in a 
   case, the case shall be referred (A) in the case of a matter 
  originally heard by a single member of the Board, to a panel of not 
 less than three members of the Board; or (B) in the case of a matter 
  originally heard by a panel of members of the Board, to an enlarged 
 panel of the Board. (2) A panel referred to in paragraph (1) may not 
include the member, or any member of the panel, that made the decision 
subject to reconsideration. (3) A panel reconsidering a case under this 
subsection shall render its decision after reviewing the entire record 
before the Board. The decision of the panel shall be made by a majority 
   vote of the members of the panel. The decision of the panel shall 
 constitute the final decision of the Board. (c) The Board on its own 
 motion may correct an obvious error in the record, without regard to 
whether there has been a motion or order for reconsideration. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1241, Sec. 4003; Pub. L. 
  100687, div. A, title II, Sec. 202(a), Nov. 18, 1988, 102 
  Stat. 4110; renumbered Sec. 7103, Pub. L. 10240, title IV, 
 Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 103271, 
 Sec. 6(a), July 1, 1994, 108 Stat. 741.) ' 7104. Jurisdiction of the 
Board (a) All questions in a matter which under section 511(a) of this 
 title is subject to decision by the Secretary shall be subject to one 
  review on appeal to the Secretary. Final decisions on such appeals 
 shall be made by the Board. Decisions of the Board shall be based on 
   the entire record in the proceeding and upon consideration of all 
 evidence and material of record and applicable provisions of law and 
regulation. (b) Except as provided in section 5108 of this title, when 
  a claim is disallowed by the Board, the claim may not thereafter be 
reopened and allowed and a claim based upon the same factual basis may 
not be considered. (c) The Board shall be bound in its decisions by the 
 regulations of the Department, instructions of the Secretary, and the 
 precedent opinions of the chief legal officer of the Department. (d) 
 Each decision of the Board shall include (1) a written statement 
  of the Boards findings and conclusions, and the reasons or 
  bases for those findings and conclusions, on all material issues of 
    fact and law presented on the record; and (2) an order granting 
appropriate relief or denying relief. (e)(1) After reaching a decision 
on a case, the Board shall promptly mail a copy of its written decision 
 to the claimant at the last known address of the claimant. (2) If the 
  claimant has an authorized representative, the Board shall (A) 
mail a copy of its written decision to the authorized representative at 
the last known address of the authorized representative; or (B) send a 
 copy of its written decision to the authorized representative by any 
means reasonably likely to provide the authorized representative with a 
 copy of the decision within the same time a copy would be expected to 
reach the authorized representative if sent by first-class mail. (Pub. 
  L. 85857, Sept. 2, 1958, 72 Stat. 1241, Sec. 4004; Pub. L. 
      8797, Sec. 1, July 20, 1961, 75 Stat. 215; Pub. L. 
 100687, div. A, title I, Sec. 101(b), title II, Sec. 203(a), 
 204, 205, Nov. 18, 1988, 102 Stat. 4106, 4110, 4111; renumbered Sec. 
  7104 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10254, Sec. 
 14(g)(2), June 13, 1991, 105 Stat. 288; Pub. L. 102 83, Sec. 
      4(a)(3), (4), (b)(1), (2)(E), (c), Aug. 6, 1991, 105 Stat. 
  404406; Pub. L. 103 271, Sec. 7(b)(1), 8, July 1, 
 1994, 108 Stat. 743; Pub. L. 104275, title V, Sec. 509, Oct. 
9, 1996, 110 Stat. 3344.) ' 7105. Filing of notice of disagreement and 
     appeal (a) Appellate review will be initiated by a notice of 
disagreement and completed by a substantive appeal after a statement of 
  the case is furnished as prescribed in this section. Each appellant 
  will be accorded hearing and representation rights pursuant to the 
  provisions of this chapter and regulations of the Secretary. (b)(1) 
   Except in the case of simultaneously contested claims, notice of 
disagreement shall be filed within one year from the date of mailing of 
 notice of the result of initial review or determination. Such notice, 
 and appeals, must be in writing and be filed with the activity which 
    entered the determination with which disagreement is expressed 
    (hereinafter referred to as the agency of original 
 jurisdiction). A notice of disagreement postmarked 
before the expiration of the one-year period will be accepted as timely 
filed. (2) Notices of disagreement, and appeals, must be in writing and 
may be filed by the claimant, the claimants legal guardian, or 
such accredited representative, attorney, or authorized agent as may be 
     selected by the claimant or legal guardian. Not more than one 
 recognized organization, attorney, or agent will be recognized at any 
      one time in the prosecution of a claim. (c) If no notice of 
   disagreement is filed in accordance with this chapter within the 
 prescribed period, the action or determination shall become final and 
  the claim will not thereafter be reopened or allowed, except as may 
otherwise be provided by regulations not inconsistent with this title. 
 (d)(1) Where the claimant, or the claimants representative, 
     within the time specified in this chapter, files a notice of 
disagreement with the decision of the agency of original jurisdiction, 
  such agency will take such development or review action as it deems 
 proper under the provisions of regulations not inconsistent with this 
   title. If such action does not resolve the disagreement either by 
  granting the benefit sought or through withdrawal of the notice of 
  disagreement, such agency shall prepare a statement of the case. A 
statement of the case shall include the following: (A) A summary of the 
   evidence in the case pertinent to the issue or issues with which 
 disagreement has been expressed. (B) A citation to pertinent laws and 
 regulations and a discussion of how such laws and regulations affect 
  the agencys decision. (C) The decision on each issue and a 
summary of the reasons for such decision. (2) A statement of the case, 
as required by this subsection, will not disclose matters that would be 
  contrary to section 5701 of this title or otherwise contrary to the 
    public interest. Such matters may be disclosed to a designated 
  representative unless the relationship between the claimant and the 
 representative is such that disclosure to the representative would be 
       as harmful as if made to the claimant. (3) Copies of the 
   statement of the case prescribed in 
paragraph (1) of this subsection will be submitted to the claimant and 
to the claimants representative, if there is one. The claimant 
will be afforded a period of sixty days from the date the statement of 
the case is mailed to file the formal appeal. This may be extended for 
a reasonable period on request for good cause shown. The appeal should 
set out specific allegations of error of fact or law, such allegations 
 related to specific items in the statement of the case. The benefits 
  sought on appeal must be clearly identified. The agency of original 
jurisdiction may close the case for failure to respond after receipt of 
 the statement of the case, but questions as to timeliness or adequacy 
   of response shall be determined by the Board of Veterans 
Appeals. (4) The claimant in any case may not be presumed to agree with 
 any statement of fact contained in the statement of the case to which 
the claimant does not specifically express agreement. (5) The Board of 
Veterans Appeals may dismiss any appeal which fails to allege 
  specific error of fact or law in the determination being appealed. 
 (Added Pub. L. 87666, Sec. 1, Sept. 19, 1962, 76 Stat. 553, 
  Sec. 4005; amended Pub. L. 99576, title VII, Sec. 701(85), 
Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100 687, div. A, title 
 II, Sec. 203(b), 206, Nov. 18, 1988, 102 Stat. 4111; renumbered Sec. 
  7105 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
      4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
 10714, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35.) ' 7105A. 
Simultaneously contested claims (a) In simultaneously contested claims 
where one is allowed and one rejected, the time allowed for the filing 
of a notice of disagreement shall be sixty days from the date notice of 
  the adverse action is mailed. In such cases the agency of original 
jurisdiction shall promptly notify all parties in interest at the last 
known address of the action taken, expressly inviting attention to the 
 fact that notice of disagreement will not be entertained unless filed 
within the sixty-day period prescribed by this subsection. (b) Upon the 
  filing of a notice of disagreement, all parties in interest will be 
    furnished with a statement of the case in the same manner as is 
prescribed in section 7105. The party in interest who filed a notice of 
 disagreement will be allowed thirty days from the date of mailing of 
such statement of the case in which to file a formal appeal. Extension 
 of time may be granted for good cause shown but with consideration to 
   the interests of the other parties involved. The substance of the 
 appeal will be communicated to the other party or parties in interest 
   and a period of thirty days will be allowed for filing a brief or 
argument in answer thereto. Such notice shall be forwarded to the last 
known address of record of the parties concerned, and such action shall 
       constitute sufficient evidence of notice. (Added Pub. L. 
   87666, Sec. 1, Sept. 19, 1962, 76 Stat. 554, Sec. 4005A; 
  renumbered Sec. 7105A and amended Pub. L. 10240, title IV, 
   Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.) ' 7106. 
  Administrative appeals Application for review on appeal may be made 
within the one-year period prescribed in section 7105 of this title by 
such officials of the Department as may be designated by the Secretary. 
   An application entered under this paragraph shall not operate to 
 deprive the claimant of the right of review on appeal as provided in 
this chapter. (Added Pub. L. 87666, Sec. 1, Sept. 19, 1962, 76 
    Stat. 554, Sec. 4006; renumbered Sec. 7106 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
  Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
 (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 7107. Appeals: dockets; 
  hearings (a)(1) Except as provided in paragraphs (2) and (3) and in 
 subsection (f), each case received pursuant to application for review 
on appeal shall be considered and decided in regular order according to 
its place upon the docket. (2) A case referred to in paragraph (1) may, 
 for cause shown, be advanced on motion for earlier consideration and 
 determination. Any such motion shall set forth succinctly the grounds 
upon which the motion is based. Such a motion may be granted only 
 (A) if the case involves interpretation of law of general application 
  affecting other claims; (B) if the appellant is seriously ill or is 
  under severe financial hardship; or (C) for other sufficient cause 
  shown. (3) A case referred to in paragraph (1) may be postponed for 
later consideration and determination if such postponement is necessary 
   to afford the appellant a hearing. (b) The Board shall decide any 
appeal only after affording the appellant an opportunity for a hearing. 
 (c) A hearing docket shall be maintained and formal recorded hearings 
 shall be held by such member or members of the Board as the Chairman 
  may designate. Such member or members designated by the Chairman to 
conduct the hearing shall, except in the case of a reconsideration of a 
 decision under section 7103 of this title, participate in making the 
final determination of the claim. (d)(1) An appellant may request that 
 a hearing before the Board be held at its principal location or at a 
facility of the Department located within the area served by a regional 
   office of the Department. (2) A hearing to be held within an area 
served by a regional office of the Department shall (except as provided 
in paragraph (3)) be scheduled to be held in accordance with the place 
of the case on the docket under subsection (a) relative to other cases 
 on the docket for which hearings are scheduled to be held within that 
  area. (3) A hearing to be held within an area served by a regional 
 office of the Department may, for cause shown, be advanced on motion 
for an earlier hearing. Any such motion shall set forth succinctly the 
 grounds upon which the motion is based. Such a motion may be granted 
  only (A) if the case involves interpretation of law of general 
 application affecting other claims; (B) if the appellant is seriously 
ill or is under severe financial hardship; or (C) for other sufficient 
 cause shown. (e)(1) At the request of the Chairman, the Secretary may 
    provide suitable facilities and equipment to the Board or other 
   components of the Department to enable an appellant located at a 
 facility within the area served by a regional office to participate, 
 through voice transmission or through picture and voice transmission, 
   by electronic or other means, in a hearing with a Board member or 
  members sitting at the Boards principal location. (2) When 
 such facilities and equipment are available, the Chairman may afford 
  the appellant an opportunity to participate in a hearing before the 
  Board through the use of such facilities and equipment in lieu of a 
hearing held by personally appearing before a Board member or panel as 
provided in subsection (d). Any such hearing shall be conducted in the 
 same manner as, and shall be considered the equivalent of, a personal 
hearing. If the appellant declines to participate in a hearing through 
   the use of such facilities and equipment, the opportunity of the 
appellant to a hearing as provided in such subsection (d) shall not be 
 affected. (f) Nothing in this section shall preclude the screening of 
 cases for purposes of (1) determining the adequacy of the record 
     for decisional purposes; or (2) the development, or attempted 
    development, of a record found to be inadequate for decisional 
 purposes. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1242, Sec. 
 4006; renumbered Sec. 4007, Pub. L. 87666, Sec. 1, Sept. 19, 
  1962, 76 Stat. 553; renumbered Sec. 7107, Pub. L. 102 40, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
  103271, Sec. 7(a)(1), July 1, 1994, 108 Stat. 742; Pub. L. 
  103446, title III, Sec. 303, Nov. 2, 1994, 108 Stat. 4658; 
 Pub. L. 105368, title X, Sec. 1003, Nov. 11, 1998, 112 Stat. 
 3363.) ' 7108. Rejection of applications An application for review on 
 appeal shall not be entertained unless it is in conformity with this 
 chapter. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1243, Sec. 
  4008; renumbered Sec. 7108, Pub. L. 10240, title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 238.) ' 7109. Independent medical 
    opinions (a) When, in the judgment of the Board, expert medical 
   opinion, in addition to that available within the Department, is 
   warranted by the medical complexity or controversy involved in an 
appeal case, the Board may secure an advisory medical opinion from one 
   or more independent medical experts who are not employees of the 
 Department. (b) The Secretary shall make necessary arrangements with 
 recognized medical schools, universities, or clinics to furnish such 
advisory medical opinions at the request of the Chairman of the Board. 
  Any such arrangement shall provide that the actual selection of the 
 expert or experts to give the advisory opinion in an individual case 
 shall be made by an appropriate official of such institution. (c) The 
  Board shall furnish a claimant with notice that an advisory medical 
   opinion has been requested under this section with respect to the 
 claimants case and shall furnish the claimant with a copy of 
     such opinion when it is received by the Board. (Added Pub. L. 
   87671, Sec. 1, Sept. 19, 1962, 76 Stat. 557, Sec. 4009; 
amended Pub. L. 100687, div. A, title I, Sec. 103(b), Nov. 18, 
  1988, 102 Stat. 4107; renumbered Sec. 7109, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
   Stat. 404, 405.) x' 7110. Repealed. Pub. L. 103271, Sec. 
   7(b)(2), July 1, 1994, 108 Stat. 743 ' 7111. Revision of 
decisions on grounds of clear and unmistakable error (a) A decision by 
     the Board is subject to revision on the grounds of clear and 
   unmistakable error. If evidence establishes the error, the prior 
    decision shall be reversed or revised. (b) For the purposes of 
 authorizing benefits, a rating or other adjudicative decision of the 
 Board that constitutes a reversal or revision of a prior decision of 
 the Board on the grounds of clear and unmistakable error has the same 
   effect as if the decision had been made on the date of the prior 
decision. (c) Review to determine whether clear and unmistakable error 
exists in a case may be instituted by the Board on the Boards 
own motion or upon request of the claimant. (d) A request for revision 
of a decision of the Board based on clear and unmistakable error may be 
made at any time after that decision is made. (e) Such a request shall 
be submitted directly to the Board and shall be decided by the Board on 
 the merits, without referral to any adjudicative or hearing official 
acting on behalf of the Secretary. (f) A claim filed with the Secretary 
that requests reversal or revision of a previous Board decision due to 
clear and unmistakable error shall be considered to be a request to the 
Board under this section, and the Secretary shall promptly transmit any 
  such request to the Board for its consideration under this section. 
(Added Pub. L. 105111, Sec. 1(b)(1), Nov. 21, 1997, 111 Stat. 
  2271.) ' 7112. Expedited treatment of remanded claims The Secretary 
    shall take such actions as may be necessary to provide for the 
expeditious treatment by the Board of any claim that is remanded to the 
 Secretary by the Court of Appeals for Veterans Claims. (Added Pub. L. 
 108183, title VII, Sec. 707(b)(1), Dec. 16, 2003, 117 Stat. 
 2673.) CHAPTER 72 OF TITLE 38, UNITED STATES CODE [As Amended Through 
          P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART VBOARDS, 
  ADMINISTRATIONS, AND SERVICES CHAPTER 72UNITED STATES 
COURT OF APPEALS FOR VETERANS CLAIMS SUBCHAPTER IORGANIZATION AND 
    JURISDICTION Sec. 7251. Status. 7252. Jurisdiction; finality of 
decisions. 7253. Composition. 7254. Organization. 7255. Offices. 7256. 
     Times and places of sessions. 7257. Recall of retired judges. 
SUBCHAPTER IIPROCEDURE 7261. Scope of review. 7262. Fee for filing 
 appeals. 7263. Representation of parties; fee agreements. 7264. Rules 
of practice and procedure. 7265. Contempt authority; assistance to the 
 Court. 7266. Notice of appeal. 7267. Decisions. 7268. Availability of 
        proceedings. 7269. Publication of decisions. SUBCHAPTER 
  IIIMISCELLANEOUS PROVISIONS 7281. Employees. 7282. Budget and 
 expenditures. 7283. Disposition of fees. 7284. Fee for transcript of 
record. 7285. Practice and registration fees. 7286. Judicial Conference 
  of the Court. 7287. Administration. 7288. Annual report. SUBCHAPTER 
  IVDECISIONS AND REVIEW 7291. Date when Court decision becomes 
 final. 7292. Review by United States Court of Appeals for the Federal 
  Circuit. SUBCHAPTER VRETIREMENT AND SURVIVORS ANNUITIES 7296. 
Retirement of judges. 7297. Survivor annuities. 7298. Retirement Fund. 
     7299. Limitation on activities of retired judges. SUBCHAPTER 
  IORGANIZATION AND JURISDICTION ' 7251. Status There is hereby 
established, under Article I of the Constitution of the United States, 
a court of record to be known as the United States Court of Appeals for 
Veterans Claims. 851 (Added Pub. L. 100687, div. A, title III, 
Sec. 301(a), Nov. 18, 1988, 102 Stat. 4113, Sec. 4051; renumbered Sec. 
 7251, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 
105 Stat. 238; Pub. L. 105368, title V, Sec. 511(b), Nov. 11, 
1998, 112 Stat. 3341.) ' 7252. Jurisdiction; finality of decisions (a) 
     The Court of Appeals for Veterans Claims shall have exclusive 
  jurisdiction to review decisions of the Board of Veterans 
 Appeals. The Secretary may not seek review of any such decision. The 
Court shall have power to affirm, modify, or reverse a decision of the 
Board or to remand the matter, as appropriate. (b) Review in the Court 
  shall be on the record of proceedings before the Secretary and the 
Board. The extent of the review shall be limited to the scope provided 
in section 7261 of this title. The Court may not review the schedule of 
 ratings for disabilities adopted under section 1155 of this title or 
any action of the Secretary in adopting or revising that schedule. (c) 
  Decisions by the Court are subject to review as provided in section 
7292 of this title. (Added Pub. L. 100687, div. A, title III, 
Sec. 301(a), Nov. 18, 1988, 102 Stat. 4113, Sec. 4052; renumbered Sec. 
  7252 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10254, Sec. 
 14(e)(3), June 13, 1991, 105 Stat. 287; Pub. L. 10283, Sec. 
4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. 
 L. 105368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
 3341.) ' 7253. Composition (a) COMPOSITION.The Court of Appeals 
  for Veterans Claims is composed of at least three and not more than 
seven judges, one of whom shall serve as chief judge in accordance with 
 subsection (d). (b) APPOINTMENT.The judges of the Court shall be 
 appointed by the President, by and with the advice and consent of the 
 Senate, solely on the grounds of fitness to perform the duties of the 
office. A person may not be appointed to the Court who is not a member 
in good standing of the bar of a Federal court or of the highest court 
  of a State. Not more than the number equal to the next whole number 
   greater than one-half of the number of judges of the Court may be 
 members of the same political party. (c) TERM OF OFFICE.The term 
  of office of the judges of the Court of Appeals for Veterans Claims 
   shall be 15 years. A judge who is nominated by the President for 
   appointment to an additional term on the Court without a break in 
   service and whose term of office expires while that nomination is 
pending before the Senate may continue in office for up to 1 year while 
that nomination is pending. (d) CHIEF JUDGE.(1) The chief judge of 
the Court is the head of the Court. The chief judge of the Court shall 
 be the judge of the Court in regular active service who is senior in 
 commission among the judges of the Court who (A) have served for 
 one or more years as judges of the Court; and (B) have not previously 
 served as chief judge. (2) In any case in which there is no judge of 
 the Court in regular active service who has served as a judge of the 
 Court for at least one year, the judge of the court in regular active 
 service who is senior in commission and has not served previously as 
  chief judge shall act as the chief judge. (3) Except as provided in 
  paragraph (4), a judge of the Court shall serve as the chief judge 
under paragraph (1) for a term of five years or until the judge becomes 
  age 70, whichever occurs first. If no other judge is eligible under 
paragraph (1) to serve as chief judge upon the expiration of that term, 
 that judge shall continue to serve as chief judge until another judge 
 becomes eligible under that paragraph to serve as chief judge. (4)(A) 
  The term of a chief judge shall be terminated before the end of the 
  term prescribed by paragraph (3) if (i) the chief judge leaves 
 regular active service as a judge of the Court; (ii) the chief judge 
   notifies the other judges of the Court in writing that such judge 
desires to be relieved of the duties of chief judge. (B) The effective 
 date of a termination of the term under subparagraph (A) shall be the 
date on which the chief judge leaves regular active service or the date 
of the notification under subparagraph (A)(ii), as the case may be. (5) 
 If a chief judge is temporarily unable to perform the duties of chief 
  judge, those duties shall be performed by the judge of the Court in 
 active service who is present, able and qualified to act, and is next 
  in precedence. (6) Judges who have the same seniority in commission 
 shall be eligible for service as chief judge in accordance with their 
  relative precedence. (e) SALARY.Each judge of the Court shall 
   receive a salary at the same rate as is received by judges of the 
  United States district courts. (f) REMOVAL.(1) A judge of the 
    Court may be removed from office by the President on grounds of 
  misconduct, neglect of duty, or engaging in the practice of law. A 
 judge of the Court may not be removed from office by the President on 
 any other ground. (2) Before a judge may be removed from office under 
this subsection, the judge shall be provided with a full specification 
  of the reasons for the removal and an opportunity to be heard. (g) 
  RULES.(1) The Court shall prescribe rules, consistent with the 
 provisions of chapter 16 of title 28, establishing procedures for the 
 filing of complaints with respect to the conduct of any judge of the 
 Court and for the investigation and resolution of such complaints. In 
investigating and taking action with respect to any such complaint, the 
 Court shall have the powers granted to a judicial council under such 
chapter. (2) The provisions of sections 354(b) through 360 of title 28, 
regarding referral or certification to, and petition for review in, the 
  Judicial Conference of the United States and action thereon, shall 
apply to the exercise by the Court of the powers of a judicial council 
 under paragraph (1) of this subsection. The grounds for removal from 
   office specified in subsection (f)(1) shall provide a basis for a 
   determination pursuant to section 354(b) or 355 of title 28, and 
 certification and transmittal by the Conference shall be made to the 
President for consideration under subsection (f). (3)(A) In conducting 
    hearings pursuant to paragraph (1), the Court may exercise the 
 authority provided under section 1821 of title 28 to pay the fees and 
  allowances described in that section. (B) The Court shall have the 
power provided under section 361 of title 28 to award reimbursement for 
the reasonable expenses described in that section. Reimbursements under 
 this subparagraph shall be made from funds appropriated to the Court. 
   (h) TEMPORARY EXPANSION OF COURT.(1) During the period from 
  January 1, 2002, through August 15, 2005, the authorized number of 
 judges of the Court specified in subsection (a) is increased by two. 
(2)(A) Of the two additional judges authorized by this subsection 
 (i) only one may be appointed pursuant to a nomination made in 2002; 
  and (ii) only one may be appointed pursuant to a nomination made in 
2003. (B) If a judge is not appointed under this subsection pursuant to 
    a nomination made in 2002, a judge may be appointed under this 
  subsection pursuant to a nomination made in 2004. If a judge is not 
appointed under this subsection pursuant to a nomination made in 2003, 
a judge may be appointed under this subsection pursuant to a nomination 
  made in 2004. In either case, such an appointment may be made only 
 pursuant to a nomination made before October 1, 2004. (3) The term of 
 office and the eligibility for retirement of a judge appointed under 
  this subsection, other than a judge described in paragraph (4), are 
governed by the provisions of section 1012 of the Court of Appeals for 
       Veterans Claims Amendments of 1999 (title X of Public Law 
 106117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge is 
 one of the first two judges appointed to the Court after November 30, 
    1999. (4) A judge of the Court as of December 27, 2001, who was 
 appointed to the Court before January 1, 1991, may accept appointment 
as a judge of the Court under this subsection notwithstanding that the 
term of office of the judge on the Court has not yet expired under this 
   section. The term of office of an incumbent judge who receives an 
 appointment as described in the preceding sentence shall be 15 years, 
which includes any period remaining in the unexpired term of the judge. 
  Any service following an appointment under this subsection shall be 
treated as though served as part of the original term of office of that 
 judge on the Court. (5) Notwithstanding paragraph (1), an appointment 
 may not be made to the Court if the appointment would result in there 
  being more than seven judges on the Court who were appointed after 
January 1, 1997. For the purposes of this paragraph, a judge serving in 
recall status under section 7257 of this title shall be disregarded in 
 counting the number of judges appointed to the Court after such date. 
    (i) ADDITIONAL TEMPORARY EXPANSION OF COURT.(1) Subject to 
paragraph (2), effective as of December 31, 2009, the authorized number 
of judges of the Court specified in subsection (a) is increased by two. 
(2) Effective as of January 1, 2013, an appointment may not be made to 
the Court if the appointment would result in there being more judges of 
 the Court than the authorized number of judges of the Court specified 
 in subsection (a). (Added Pub. L. 100687, div. A, title III, 
Sec. 301(a), Nov. 18, 1988, 102 Stat. 4114, Sec. 4053; amended Pub. L. 
  10194, title I, Sec. 102(c), Aug. 16, 1989, 103 Stat. 626; 
renumbered Sec. 7253, Pub. L. 10240, title IV, Sec. 402(b)(1), 
  May 7, 1991, 105 Stat. 238; Pub. L. 10282, Sec. 3, Aug. 6, 
  1991, 105 Stat. 375; Pub. L. 102585, title VIII, Sec. 801, 
 Nov. 4, 1992, 106 Stat. 4980; Pub. L. 105368, title V, Secs. 
     501, 512(a)(1), Nov. 11, 1998, 112 Stat. 3340, 3341; Pub. L. 
106117, title X, Secs. 1031, 1032(a), 1033, Nov. 30, 1999, 113 
Stat. 1594, 1595; Pub. L. 107103, title VI, Sec. 601, Dec. 27, 
  2001, 115 Stat. 998; Pub. L. 107273, div. C, title I, Sec. 
11043(f), Nov. 2, 2002, 116 Stat. 1856; Pub. L. 108454, title 
VIII, Sec. 802, Dec. 10, 2004, 118 Stat. 3625; Pub. L. 109233, 
     title V, Sec. 503(15), June 15, 2006, 120 Stat. 417; Pub. L. 
110389, title VI, Sec. 601, Oct. 10, 2008, 122 Stat. 4176.) ' 
 7254. Organization (a) The Court of Appeals for Veterans Claims shall 
 have a seal which shall be judicially noticed. (b) The Court may hear 
 cases by judges sitting alone or in panels, as determined pursuant to 
procedures established by the Court. Any such panel shall have not less 
    than three judges. The Court shall establish procedures for the 
   assignment of the judges of the Court to such panels and for the 
 designation of the chief of each such panel. (c)(1) A majority of the 
 judges of the Court shall constitute a quorum for the transaction of 
the business of the Court. A vacancy in the Court shall not impair the 
powers or affect the duties of the Court or of the remaining judges of 
 the Court. (2) A majority of the judges of a panel of the Court shall 
constitute a quorum for the transaction of the business of the panel. A 
 vacancy in a panel of the Court shall not impair the powers or affect 
 the duties of the panel or of the remaining judges of the panel. (d) 
   PRECEDENCE OF JUDGES.The chief judge of the Court shall have 
precedence and preside at any session that the chief judge attends. The 
    other judges shall have precedence and preside according to the 
seniority of their original commissions. Judges whose commissions bear 
the same date shall have precedence according to seniority in age. (e) 
   Judges of the Court shall have the authority to administer oaths. 
 (Added Pub. L. 100687, div. A, title III, Sec. 301(a), Nov. 
 18, 1988, 102 Stat. 4114, Sec. 4054; amended Pub. L. 10194, 
       title IV, Sec. 402, Aug. 16, 1989, 103 Stat. 628; Pub. L. 
101237, title VI, Sec. 602(b), Dec. 18, 1989, 103 Stat. 2095; 
renumbered Sec. 7254, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10254, Sec. 14(e)(4), June 
  13, 1991, 105 Stat. 287; Pub. L. 10282, Sec. 8(3), Aug. 6, 
1991, 105 Stat. 377; Pub. L. 105368, title V, Sec. 512(a)(1), 
 Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106117, title X, Sec. 
  1034, Nov. 30, 1999, 113 Stat. 1595.) ' 7255. Offices The principal 
  office of the Court of Appeals for Veterans Claims shall be in the 
Washington, D.C., metropolitan area, but the Court may sit at any place 
within the United States. (Added Pub. L. 100687, div. A, title 
III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4114, Sec. 4055; renumbered 
  Sec. 7255, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
  1991, 105 Stat. 238; amended Pub. L. 105368, title V, Sec. 
  512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 108454, 
title VIII, Sec. 801, Dec. 10, 2004, 118 Stat. 3625.) ' 7256. Times and 
  places of sessions The times and places of sessions of the Court of 
  Appeals for Veterans Claims shall be prescribed by the chief judge. 
 (Added Pub. L. 100687, div. A, title III, Sec. 301(a), Nov. 
  18, 1988, 102 Stat. 4115, Sec. 4056; renumbered Sec. 7256, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7,1991, 105 Stat. 238; 
  amended Pub. L. 105368, title V, Sec. 512(a)(1), Nov. 11, 
   1998, 112 Stat. 3341.) ' 7257. Recall of retired judges (a)(1) A 
 retired judge of the Court may be recalled for further service on the 
 Court in accordance with this section. To be eligible to be recalled 
       for such service, a retired judge must at the time of the 
judges retirement provide to the chief judge of the Court (or, 
 in the case of the chief judge, to the clerk of the Court) notice in 
writing that the retired judge is available for further service on the 
  Court in accordance with this section and is willing to be recalled 
 under this section. Such a notice provided by a retired judge to whom 
section 7296(c)(1)(B) of this title applies is irrevocable. (2) For the 
  purposes of this section (A) a retired judge is a judge of the 
 Court of Appeals for Veterans Claims who retires from the Court under 
 section 7296 of this title or under chapter 83 or 84 of title 5; and 
(B) a recall-eligible retired judge is a retired judge who has provided 
  a notice under paragraph (1). (b)(1) The chief judge may recall for 
    further service on the Court a recall-eligible retired judge in 
accordance with this section. Such a recall shall be made upon written 
 certification by the chief judge that substantial service is expected 
to be performed by the retired judge for such period, not to exceed 90 
   days (or the equivalent), as determined by the chief judge to be 
necessary to meet the needs of the Court. (2) A recall-eligible retired 
  judge may not be recalled for more than 90 days (or the equivalent) 
during any calendar year without the judges consent. (3) If a 
    recall-eligible retired judge is recalled by the chief judge in 
accordance with this section and (other than in the case of a judge who 
 has previously during that calendar year served at least 90 days (or 
the equivalent) of recalled service on the court) declines (other than 
by reason of disability) to perform the service to which recalled, the 
   chief judge shall remove that retired judge from the status of a 
  recall-eligible judge. This paragraph shall not apply to a judge to 
 whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and 
   who has, in the aggregate, served at least five years of recalled 
service on the Court under this section. (4) A recall-eligible retired 
    judge who becomes permanently disabled and as a result of that 
 disability is unable to perform further service on the Court shall be 
 removed from the status of a recall-eligible judge. Determination of 
such a disability shall be made pursuant to section 7253(g) or 7296(g) 
 of this title. (c) A retired judge who is recalled under this section 
 may exercise all of the judicial powers and duties of the office of a 
 judge in active service. (d)(1) The pay of a recall-eligible retired 
 judge to whom section 7296(c)(1)(B) of this title applies is the pay 
   specified in that section. (2) A judge who is recalled under this 
   section who retired under chapter 83 or 84 of title 5 or to whom 
 section 7296(c)(1)(A) of this title applies shall be paid, during the 
period for which the judge serves in recall status, pay at the rate of 
     pay in effect under section 7253(e) of this title for a judge 
   performing active service, less the amount of the judges 
annuity under the applicable provisions of chapter 83 or 84 of title 5 
  or the judges annuity under section 7296(c)(1)(A) of this 
title, whichever is applicable. (e)(1) Except as provided in subsection 
   (d), a judge who is recalled under this section who retired under 
  chapter 83 or 84 of title 5 shall be considered to be a reemployed 
 annuitant under that chapter. (2) Nothing in this section affects the 
right of a judge who retired under chapter 83 or 84 of title 5 to serve 
as a reemployed annuitant in accordance with the provisions of title 5. 
 (Added Pub. L. 106117, title X, Sec. 1021(a), Nov. 30, 1999, 
   113 Stat. 1590; amended Pub. L. 110389, title VI, Secs. 
   603(a), (b)(3)(c), Oct. 10, 2008, 122 Stat. 4177, 4178.) 
 SUBCHAPTER IIPROCEDURE ' 7261. Scope of review (a) In any action 
 brought under this chapter, the Court of Appeals for Veterans Claims, 
to the extent necessary to its decision and when presented, shall 
  (1) decide all relevant questions of law, interpret constitutional, 
  statutory, and regulatory provisions, and determine the meaning or 
 applicability of the terms of an action of the Secretary; (2) compel 
 action of the Secretary unlawfully withheld or unreasonably delayed; 
 (3) hold unlawful and set aside decisions, findings (other than those 
 described in clause (4) of this subsection), conclusions, rules, and 
     regulations issued or adopted by the Secretary, the Board of 
   Veterans Appeals, or the Chairman of the Board found to 
be (A) arbitrary, capricious, an abuse of discretion, or otherwise 
   not in accordance with law; (B) contrary to constitutional right, 
power, privilege, or immunity; (C) in excess of statutory jurisdiction, 
authority, or limitations, or in violation of a statutory right; or (D) 
without observance of procedure required by law; and (4) in the case of 
 a finding of material fact adverse to the claimant made in reaching a 
decision in a case before the Department with respect to benefits under 
  laws administered by the Secretary, hold unlawful and set aside or 
reverse such finding if the finding is clearly erroneous. (b) In making 
  the determinations under subsection (a), the Court shall review the 
      record of proceedings before the Secretary and the Board of 
Veterans Appeals pursuant to section 7252(b) of this title and 
shall (1) take due account of the Secretarys application 
of section 5107(b) of this title; and (2) take due account of the rule 
 of prejudicial error. (c) In no event shall findings of fact made by 
 the Secretary or the Board of Veterans Appeals be subject to 
 trial de novo by the Court. (d) When a final decision of the Board of 
  Veterans Appeals is adverse to a party and the sole stated 
basis for such decision is the failure of the party to comply with any 
  applicable regulation prescribed by the Secretary, the Court shall 
review only questions raised as to compliance with and the validity of 
the regulation. (Added Pub. L. 100687, div. A, title III, Sec. 
   301(a), Nov. 18, 1988, 102 Stat. 4115, Sec. 4061; amended Pub. L. 
101237, title VI, Sec. 602(c), Dec. 18, 1989, 103 Stat. 2095; 
renumbered Sec. 7261, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10254, Sec. 14(e)(3), June 
  13, 1991, 105 Stat. 287; Pub. L. 10283, Sec. 4(a)(1), (3), 
 (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 
  105368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
  3341; Pub. L. 107330, title IV, Sec. 401(a), (b), Dec. 6, 
2002, 116 Stat. 2832.) ' 7262. Fee for filing appeals (a) The Court of 
 Appeals for Veterans Claims may impose a fee of not more than $50 for 
  the filing of any appeal with the Court. The Court shall establish 
   procedures under which such a fee may be waived in the case of an 
  appeal filed by or on behalf of a person who demonstrates that the 
   requirement that such fee be paid will impose a hardship on that 
person. A decision as to such a waiver is final and may not be reviewed 
  in any other court. (b) The Court may from time to time adjust the 
maximum amount permitted for a fee imposed under subsection (a) of this 
 section based upon inflation and similar fees charged by other courts 
    established under Article I of the Constitution. (Added Pub. L. 
  100687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 
 Stat. 4115, Sec. 4062; renumbered Sec. 7262, Pub. L. 10240, 
 title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 
  105368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
   3341.) ' 7263. Representation of parties; fee agreements (a) The 
Secretary shall be represented before the Court of Appeals for Veterans 
Claims by the General Counsel of the Department. (b) Representation of 
appellants shall be in accordance with the rules of practice prescribed 
 by the Court under section 7264 of this title. In addition to members 
  of the bar admitted to practice before the Court in accordance with 
 such rules of practice, the Court may allow other persons to practice 
 before the Court who meet standards of proficiency prescribed in such 
rules of practice. (c) A person who represents an appellant before the 
Court shall file a copy of any fee agreement between the appellant and 
that person with the Court at the time the appeal is filed. The Court, 
  on its own motion or the motion of any party, may review such a fee 
  agreement. (d) In reviewing a fee agreement under subsection (c) of 
 this section or under section 5904(c)(2) of this title, the Court may 
 affirm the finding or order of the Board and may order a reduction in 
    the fee called for in the agreement if it finds that the fee is 
excessive or unreasonable. An order of the Court under this subsection 
  is final and may not be reviewed in any other court. (Added Pub. L. 
  100687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 
    Stat. 4116, Sec. 4063; renumbered Sec. 7263 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
  Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
  (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105368, 
title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.) ' 7264. Rules 
 of practice and procedure (a) The proceedings of the Court of Appeals 
for Veterans Claims shall be conducted in accordance with such rules of 
 practice and procedure as the Court prescribes. (b) The mailing of a 
pleading, decision, order, notice, or process in respect of proceedings 
  before the Court shall be held sufficient service of such pleading, 
decision, order, notice, or process if it is properly addressed to the 
address furnished by the appellant on the notice of appeal filed under 
section 7266 of this title. (c) Section 455 of title 28 shall apply to 
 judges and proceedings of the Court. (Added Pub. L. 100687, 
  div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4116, Sec. 
 4064; renumbered Sec. 7264 and amended Pub. L. 10240, title 
 IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
     10282, Sec. 4, Aug. 6, 1991, 105 Stat. 376; Pub. L. 
  105368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
  3341.) ' 7265. Contempt authority; assistance to the Court (a) The 
Court shall have power to punish by fine or imprisonment such contempt 
of its authority as (1) misbehavior of any person in its presence 
 or so near thereto as to obstruct the administration of justice; (2) 
 misbehavior of any of its officers in their official transactions; or 
  (3) disobedience or resistance to its lawful writ, process, order, 
 rule, decree, or command. (b) The Court shall have such assistance in 
 the carrying out of its lawful writ, process, order, rule, decree, or 
  command as is available to a court of the United States. The United 
 States marshal for a district in which the Court is sitting shall, if 
 requested by the chief judge of the Court, attend any session of the 
 Court in that district. (Added Pub. L. 100687, div. A, title 
III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4116, Sec. 4065; renumbered 
  Sec. 7265, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
 1991, 105 Stat. 238.) ' 7266. Notice of appeal (a) In order to obtain 
review by the Court of Appeals for Veterans Claims of a final decision 
of the Board of Veterans Appeals, a person adversely affected 
 by such decision shall file a notice of appeal with the Court within 
   120 days after the date on which notice of the decision is mailed 
pursuant to section 7104(e) of this title. (b) An appellant shall file 
  a notice of appeal under this section by delivering or mailing the 
   notice to the Court. (c) A notice of appeal shall be deemed to be 
  received by the Court as follows: (1) On the date of receipt by the 
Court, if the notice is delivered. (2) On the date of the United States 
  Postal Service postmark stamped on the cover in which the notice is 
posted, if the notice is properly addressed to the Court and is mailed. 
   (d) For a notice of appeal mailed to the Court to be deemed to be 
   received under subsection (c)(2) on a particular date, the United 
  States Postal Service postmark on the cover in which the notice is 
posted must be legible. The Court shall determine the legibility of any 
 such postmark and the Courts determination as to legibility 
  shall be final and not subject to review by any other Court. (Added 
Pub. L. 100687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 
  102 Stat. 4116, Sec. 4066; renumbered Sec. 7266 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 
   1991, 105 Stat. 404, 405; Pub. L. 103446, title V, Sec. 
511(a), Nov. 2, 1994, 108 Stat. 4670; Pub. L. 105368, title V, 
Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107103, 
title V, Sec. 507, Dec. 27, 2001, 115 Stat. 997.) ' 7267. Decisions (a) 
 A decision upon a proceeding before the Court of Appeals for Veterans 
 Claims shall be made as quickly as practicable. In a case heard by a 
 panel of the Court, the decision shall be made by a majority vote of 
 the panel in accordance with the rules of the Court. The decision of 
 the judge or panel hearing the case so made shall be the decision of 
  the Court. (b) A judge or panel shall make a determination upon any 
 proceeding before the Court, and any motion in connection with such a 
proceeding, that is assigned to the judge or panel. The judge or panel 
  shall make a report of any such determination which constitutes the 
 judge or panels final disposition of the proceeding. (c) The 
   Court shall designate in its decision in any case those specific 
  records of the Government on which it relied (if any) in making its 
 decision. The Secretary shall preserve records so designated for not 
less than the period of time designated by the Archivist of the United 
States. (Added Pub. L. 100687, div. A, title III, Sec. 301(a), 
Nov. 18, 1988, 102 Stat. 4117, Sec. 4067; renumbered Sec. 7267, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 amended Pub. L. 10282, Sec. 1, 8(1), Aug. 6, 1991, 105 Stat. 
 375, 377; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 
 105 Stat. 404, 405; Pub. L. 105368, title V, Sec. 512(a)(1), 
Nov. 11, 1998, 112 Stat. 3341.) ' 7268. Availability of proceedings (a) 
Except as provided in subsection (b) of this section, all decisions of 
   the Court of Appeals for Veterans Claims and all briefs, motions, 
 documents, and exhibits received by the Court (including a transcript 
  of the stenographic report of the hearings) shall be public records 
  open to the inspection of the public. (b)(1) The Court may make any 
provision which is necessary to prevent the disclosure of confidential 
     information, including a provision that any such document or 
 information be placed under seal to be opened only as directed by the 
  Court. (2) After the decision of the Court in a proceeding becomes 
 final, the Court may, upon motion of the appellant or the Secretary, 
  permit the withdrawal by the party entitled thereto of originals of 
   books, documents, and records, and of models, diagrams, and other 
 exhibits, submitted to the Court or the Court may, on its own motion, 
 make such other disposition thereof as it considers advisable. (c)(1) 
The Court shall prescribe rules, in accordance with section 7264(a) of 
 this title, to protect privacy and security concerns relating to all 
 filing of documents and the public availability under this subsection 
  of documents retained by the Court or filed electronically with the 
Court. (2) The rules prescribed under paragraph (1) shall be consistent 
 to the extent practicable with rules addressing privacy and security 
 issues throughout the Federal courts. (3) The rules prescribed under 
 paragraph (1) shall take into consideration best practices in Federal 
 and State courts to protect private information or otherwise maintain 
necessary information security. (Added Pub. L. 100687, div. A, 
   title III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4117, Sec. 4068; 
renumbered Sec. 7268, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; amended Pub. L. 10282, Sec. 8(2), 
  Aug. 6, 1991, 105 Stat. 377; Pub. L. 105368, title V, Sec. 
  512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 110 389, 
title VI, Sec. 602, Oct. 10, 2008, 122 Stat. 4177.) ' 7269. Publication 
of decisions (a) The Court of Appeals for Veterans Claims shall provide 
 for the publication of decisions of the Court in such form and manner 
 as may be best adapted for public information and use. The Court may 
  make such exceptions, or may authorize the chief judge to make such 
    exceptions, to the requirement for publication in the preceding 
 sentence as may be appropriate. (b) Such authorized publication shall 
  be competent evidence of the decisions of the Court of Appeals for 
 Veterans Claims therein contained in all courts of the United States 
 and of the several States without any further proof or authentication 
  thereof. (c) Such publications shall be subject to sale in the same 
 manner and upon the same terms as other public documents. (Added Pub. 
L. 100687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 
 Stat. 4118, Sec. 4069; renumbered Sec. 7269, Pub. L. 10240, 
 title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 
  105368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
 3341.) SUBCHAPTER IIIMISCELLANEOUS PROVISIONS ' 7281. Employees 
   (a) The Court of Appeals for Veterans Claims may appoint a clerk 
 without regard to the provisions of title 5 governing appointments in 
 the competitive service. The clerk shall serve at the pleasure of the 
     Court. (b) The judges of the Court may appoint law clerks and 
 secretaries, in such numbers as the Court may approve, without regard 
to the provisions of title 5 governing appointments in the competitive 
service. Any such law clerk or secretary shall serve at the pleasure of 
 the appointing judge. (c) The clerk, with the approval of the Court, 
  may appoint necessary deputies and employees without regard to the 
    provisions of title 5 governing appointments in the competitive 
 service. (d) The Court may fix and adjust the rates of basic pay for 
   the clerk and other employees of the Court without regard to the 
provisions of chapter 51, subchapter III of chapter 53, or section 5373 
of title 5. To the maximum extent feasible, the Court shall compensate 
    employees at rates consistent with those for employees holding 
comparable positions in the judicial branch. (e) In making appointments 
under subsections (a) through (c) of this section, preference shall be 
 given, among equally qualified persons, to persons who are preference 
eligibles (as defined in section 2108(3) of title 5). (f) The Court may 
 procure the services of experts and consultants under section 3109 of 
title 5. (g) The chief judge of the Court may exercise the authority of 
the Court under this section whenever there are not at least two other 
  judges of the Court. (h) The Court shall not be considered to be an 
  agency within the meaning of section 3132(a)(1) of title 5. (i) The 
   Court may accept and utilize voluntary services and uncompensated 
  (gratuitous) services, including services as authorized by section 
3102(b) of title 5 and may accept, hold, administer, and utilize gifts 
    and bequests of personal property for the purposes of aiding or 
 facilitating the work of the Court. Gifts or bequests of money to the 
       Court shall be covered into the Treasury. (Added Pub. L. 
  100687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 
 Stat. 4118, Sec. 4081; amended Pub. L. 10194, title II, Sec. 
  204(a), Aug. 16, 1989, 103 Stat. 627; renumbered Sec. 7281, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 Pub. L. 10282, Sec. 7, Aug. 6, 1991, 105 Stat. 377; Pub. L. 
  105368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
 3341; Pub. L. 106117, title X, Sec. 1035(1), Nov. 30, 1999, 
113 Stat. 1595.) ' 7282. Budget and expenditures (a) The budget of the 
  Court of Appeals for Veterans Claims as submitted by the Court for 
 inclusion in the budget of the President for any fiscal year shall be 
included in that budget without review within the executive branch. (b) 
   The Court may make such expenditures (including expenditures for 
personal services and rent at the seat of Government and elsewhere, and 
for law books, books of reference, and periodicals) as may be necessary 
   to execute efficiently the functions vested in the Court. (c) All 
 expenditures of the Court shall be allowed and paid upon presentation 
of itemized vouchers signed by the certifying officer designated by the 
chief judge. Except as provided in section 7285 of this title, all such 
 expenditures shall be paid out of moneys appropriated for purposes of 
  the Court. (Added Pub. L. 100687, div. A, title III, Sec. 
301(a), Nov. 18, 1988, 102 Stat. 4118, Sec. 4082; renumbered Sec. 7282 
 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), 
May 7, 1991, 105 Stat. 238, 239; Pub. L. 105368, title V, Sec. 
512(a)(1), Nov. 11, 1998, 112 Stat. 3341.) ' 7283. Disposition of fees 
Except for amounts received pursuant to section 7285 of this title, all 
  fees received by the Court of Appeals for Veterans Claims shall be 
  covered into the Treasury as miscellaneous receipts. (Added Pub. L. 
  100687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 
    Stat. 4118,Sec. 4083; renumbered Sec. 7283 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239; Pub. L. 105368, title V, Sec. 512(a)(1), Nov. 
  11, 1998, 112 Stat. 3341.) ' 7284. Fee for transcript of record The 
 Court of Appeals for Veterans Claims may fix a fee, not in excess of 
 the fee authorized by law to be charged and collected therefor by the 
  clerks of the district courts, for comparing, or for preparing and 
  comparing, a transcript of the record of any proceeding before the 
    Court, or for copying any record, entry, or other paper and the 
 comparison and certification thereof. (Added Pub. L. 100687, 
  div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4118, Sec. 
  4084; renumbered Sec. 7284, Pub. L. 10240, title IV, Sec. 
402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105368, 
   title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.) ' 7285. 
 Practice and registration fees (a) The Court of Appeals for Veterans 
  Claims may impose a reasonable periodic registration fee on persons 
admitted to practice before the Court. The frequency and amount of such 
   fee shall be determined by the Court. The Court may also impose a 
reasonable registration fee on persons (other than judges of the Court) 
participating at judicial conferences convened pursuant to section 7286 
  of this title or in any other court-sponsored activity. (b) Amounts 
  received by the Court under subsection (a) of this section shall be 
   available to the Court for the following purposes: (1) Conducting 
    investigations and proceedings, including employing independent 
  counsel, to pursue disciplinary matters. (2) Defraying the expenses 
 of (A) judicial conferences convened pursuant to section 7286 of 
this title; and (B) other activities and programs of the Court that are 
intended to support and foster communication and relationships between 
    the Court and persons practicing before the Court or the study, 
understanding, public commemoration, or improvement of veterans law or 
of the work of the Court. (Added Pub. L. 100687, div. A, title 
III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4119, Sec. 4085; renumbered 
  Sec. 7285, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
  1991, 105 Stat. 238; amended Pub. L. 105368, title V, Sec. 
  512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107103, 
  title VI, Sec. 604(a)(c)(1), Dec. 27, 2001, 115 Stat. 999; 
 Pub. L. 110389, title VI, Sec. 605, Oct. 10, 2008, 122 Stat. 
4179.) ' 7286. Judicial Conference of the Court The Chief Judge of the 
Court of Appeals for Veterans Claims may summon the judges of the Court 
 to an annual judicial conference, at a time and place that the Chief 
 Judge designates, for the purpose of considering the business of the 
Court and recommending means of improving the administration of justice 
within the Courts jurisdiction. The Court shall provide by its 
rules for representation and active participation at such conference by 
  persons admitted to practice before the Court and by other persons 
  active in the legal profession. (Added Pub. L. 10282, Sec. 
 2(a), Aug. 6, 1991, 105 Stat. 375; amended Pub. L. 105 368, 
  title V, Sec. 512(a)(1), (2)(A), Nov. 11, 1998, 112 Stat. 3341.) ' 
 7287. Administration Notwithstanding any other provision of law, the 
  Court of Appeals for Veterans Claims may exercise, for purposes of 
management, administration, and expenditure of funds of the Court, the 
    authorities provided for such purposes by any provision of law 
   (including any limitation with respect to such provision of law) 
applicable to a court of the United States (as that term is defined in 
 section 451 of title 28), except to the extent that such provision of 
 law is inconsistent with a provision of this chapter. (Added Pub. L. 
107103, title VI, Sec. 605(a), Dec. 27, 2001, 115 Stat. 1000.) 
' 7288. Annual report (a) IN GENERAL.The chief judge of the Court 
  shall submit to the appropriate committees of Congress each year a 
report summarizing the workload of the Court for the fiscal year ending 
    during the preceding year. (b) ELEMENTS.Each report under 
 subsection (a) shall include, with respect to the fiscal year covered 
 by such report, the following information: (1) The number of appeals 
filed with the Court. (2) The number of petitions filed with the Court. 
(3) The number of applications filed with the Court under section 2412 
   of title 28. (4) The total number of dispositions by each of the 
following: (A) The Court as a whole. (B) The Clerk of the Court. (C) A 
 single judge of the Court. (D) A multi-judge panel of the Court. (E) 
   The full Court. (5) The number of each type of disposition by the 
Court, including settlement, affirmation, remand, vacation, dismissal, 
reversal, grant, and denial. (6) The median time from filing an appeal 
to disposition by each of the following: (A) The Court as a whole. (B) 
 The Clerk of the Court. (C) A single judge of the Court. (D) Multiple 
judges of the Court (including a multi-judge panel of the Court or the 
full Court). (7) The median time from filing a petition to disposition 
  by the Court. (8) The median time from filing an application under 
 section 2412 of title 28 to disposition by the Court. (9) The median 
  time from the completion of briefing requirements by the parties to 
disposition by the Court. (10) The number of oral arguments before the 
Court. (11) The number of cases appealed to the United States Court of 
Appeals for the Federal Circuit. (12) The number and status of appeals 
 and petitions pending with the Court and of applications described in 
  paragraph (3) as of the end of such fiscal year. (13) The number of 
cases pending with the Court more than 18 months as of the end of such 
fiscal year. (14) A summary of any service performed for the Court by a 
recalled retired judge of the Court. (15) An assessment of the workload 
 of each judge of the Court, including consideration of the following: 
  (A) The time required of each judge for disposition of each type of 
 case. (B) The number of cases reviewed by the Court. (C) The average 
    workload of other Federal judges. (c) APPROPRIATE COMMITTEES OF 
CONGRESS DEFINED.In this section, the term appropriate 
 committees of Congress means (1) the Committee 
 on Veterans Affairs of the Senate; and (2) the Committee on 
Veterans Affairs of the House of Representatives. (Added Pub. 
  L. 110389, title VI, Sec. 604(a), Oct. 10, 2008, 122 Stat. 
 4178.) SUBCHAPTER IVDECISIONS AND REVIEW ' 7291. Date when Court 
  decision becomes final (a) A decision of the United States Court of 
 Appeals for Veterans Claims shall become final upon the expiration of 
the time allowed for filing, under section 7292 of this title, a notice 
 of appeal from such decision, if no such notice is duly filed within 
such time. If such a notice is filed within such time, such a decision 
shall become final (1) upon the expiration of the time allowed for 
 filing a petition for certiorari with the Supreme Court of the United 
States, if the decision of the Court of Appeals for Veterans Claims is 
   affirmed or the appeal is dismissed by the United States Court of 
Appeals for the Federal Circuit and no petition for certiorari is duly 
    filed; (2) upon the denial of a petition for certiorari, if the 
decision of the Court of Appeals for Veterans Claims is affirmed or the 
   appeal is dismissed by the United States Court of Appeals for the 
Federal Circuit; or (3) upon the expiration of 30 days from the date of 
  issuance of the mandate of the Supreme Court, if that Court directs 
   that the decision of the Court of Appeals for Veterans Claims be 
 affirmed or the appeal dismissed. (b)(1) If the Supreme Court directs 
   that the decision of the Court of Appeals for Veterans Claims be 
modified or reversed, the decision of the Court of Appeals for Veterans 
  Claims rendered in accordance with the mandate of the Supreme Court 
shall become final upon the expiration of 30 days from the time it was 
   rendered, unless within such 30 days either the Secretary or the 
 petitioner has instituted proceedings to have such decision corrected 
to accord with the mandate, in which event the decision of the Court of 
 Appeals for Veterans Claims shall become final when so corrected. (2) 
If the decision of the Court of Appeals for Veterans Claims is modified 
   or reversed by the United States Court of Appeals for the Federal 
  Circuit and if (A) the time allowed for filing a petition for 
certiorari has expired and no such petition has been duly filed, or (B) 
the petition for certiorari has been denied, or (C) the decision of the 
    United States Court of Appeals for the Federal Circuit has been 
   affirmed by the Supreme Court, then the decision of the Court of 
Appeals for Veterans Claims rendered in accordance with the mandate of 
the United States Court of Appeals for the Federal Circuit shall become 
final upon the expiration of 30 days from the time such decision of the 
 Court of Appeals for Veterans Claims was rendered, unless within such 
     30 days either the Secretary or the petitioner has instituted 
proceedings to have such decision corrected so that it will accord with 
 the mandate, in which event the decision of the Court of Appeals for 
   Veterans Claims shall become final when so corrected. (c) If the 
  Supreme Court orders a rehearing, or if the case is remanded by the 
United States Court of Appeals for the Federal Circuit to the Court of 
 Appeals for Veterans Claims for a rehearing, and if (1) the time 
 allowed for filing a petition for certiorari has expired and no such 
 petition has been duly filed, or (2) the petition for certiorari has 
been denied, or (3) the decision of the United States Court of Appeals 
 for the Federal Circuit has been affirmed by the Supreme Court, then 
the decision of the Court of Appeals for Veterans Claims rendered upon 
such rehearing shall become final in the same manner as though no prior 
decision of the Court of Appeals for Veterans Claims had been rendered. 
                 (d) As used in this section, the term 
   mandate, in case a mandate has been 
  recalled before the expiration of 30 days from the date of issuance 
thereof, means the final mandate. (Added Pub. L. 100687, div. 
 A, title III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4119, Sec. 4091; 
renumbered Sec. 7291 and amended Pub. L. 10240, title IV, Sec. 
      402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; 
  Pub. L. 105368, title V, Sec. 512(a)(1), (2)(B), Nov. 11, 
1998, 112 Stat. 3341.) ' 7292. Review by United States Court of Appeals 
for the Federal Circuit (a) After a decision of the United States Court 
 of Appeals for Veterans Claims is entered in a case, any party to the 
 case may obtain a review of the decision with respect to the validity 
   of a decision of the Court on a rule of law or of any statute or 
regulation (other than a refusal to review the schedule of ratings for 
     disabilities adopted under section 1155 of this title) or any 
  interpretation thereof (other than a determination as to a factual 
matter) that was relied on by the Court in making the decision. Such a 
review shall be obtained by filing a notice of appeal with the Court of 
     Appeals for Veterans Claims within the time and in the manner 
 prescribed for appeal to United States courts of appeals from United 
 States district courts. (b)(1) When a judge or panel of the Court of 
     Appeals for Veterans Claims, in making an order not otherwise 
 appealable under this section, determines that a controlling question 
of law is involved with respect to which there is a substantial ground 
  for difference of opinion and that there is in fact a disagreement 
 between the appellant and the Secretary with respect to that question 
of law and that the ultimate termination of the case may be materially 
advanced by the immediate consideration of that question, the judge or 
    panel shall notify the chief judge of that determination. Upon 
receiving such a notification, the chief judge shall certify that such 
 a question is presented, and any party to the case may then petition 
 the Court of Appeals for the Federal Circuit to decide the question. 
   That court may permit an interlocutory appeal to be taken on that 
 question if such a petition is filed with it within 10 days after the 
 certification by the chief judge of the Court of Appeals for Veterans 
  Claims. Neither the application for, nor the granting of, an appeal 
 under this paragraph shall stay proceedings in the Court of Veterans 
 Appeals, unless a stay is ordered by a judge of the Court of Appeals 
for Veterans Claims or by the Court of Appeals for the Federal Circuit. 
 (2) For purposes of subsections (d) and (e) of this section, an order 
described in this paragraph shall be treated as a decision of the Court 
of Appeals for Veterans Claims. (c) The United States Court of Appeals 
for the Federal Circuit shall have exclusive jurisdiction to review and 
 decide any challenge to the validity of any statute or regulation or 
any interpretation thereof brought under this section, and to interpret 
 constitutional and statutory provisions, to the extent presented and 
  necessary to a decision. The judgment of such court shall be final 
 subject to review by the Supreme Court upon certiorari, in the manner 
 provided in section 1254 of title 28. (d)(1) The Court of Appeals for 
    the Federal Circuit shall decide all relevant questions of law, 
  including interpreting constitutional and statutory provisions. The 
     court shall hold unlawful and set aside any regulation or any 
  interpretation thereof (other than a determination as to a factual 
 matter) that was relied upon in the decision of the Court of Appeals 
 for Veterans Claims that the Court of Appeals for the Federal Circuit 
finds to be (A) arbitrary, capricious, an abuse of discretion, or 
 otherwise not in accordance with law; (B) contrary to constitutional 
   right, power, privilege, or immunity; (C) in excess of statutory 
jurisdiction, authority, or limitations, or in violation of a statutory 
  right; or (D) without observance of procedure required by law. (2) 
   Except to the extent that an appeal under this chapter presents a 
    constitutional issue, the Court of Appeals may not review (A) a 
 challenge to a factual determination, or (B) a challenge to a law or 
 regulation as applied to the facts of a particular case. (e)(1) Upon 
 such review, the Court of Appeals for the Federal Circuit shall have 
    power to affirm or, if the decision of the Court of Appeals for 
Veterans Claims is not in accordance with law, to modify or reverse the 
 decision of the Court of Appeals for Veterans Claims or to remand the 
matter, as appropriate. (2) Rules for review of decisions of the Court 
of Appeals for Veterans Claims shall be those prescribed by the Supreme 
 Court under section 2072 of title 28. (Added Pub. L. 100687, 
  div. A, title III, Sec. 301(a), Nov. 18, 1988, 102 Stat. 4120, Sec. 
4092; amended Pub. L. 10194, title III, Sec. 302(b), Aug. 16, 
  1989, 103 Stat. 628; renumbered Sec. 7292, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
 10254, Sec. 14(e)(5), June 13, 1991, 105 Stat. 287; Pub. L. 
10283, Sec. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
  404406; Pub. L. 105 368, title V, Sec. 512(a)(1), 
Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107330, title IV, Sec. 
402(a), Dec. 6, 2002, 116 Stat. 2832.) SUBCHAPTER VRETIREMENT AND 
 SURVIVORS ANNUITIES ' 7296. Retirement of judges (a) For purposes of 
 this section: (1) The term Court means 
 the United States Court of Appeals for Veterans Claims. (2) The term 
judge means a judge of the Court. (b)(1) 
  A judge who meets the age and service requirements set forth in the 
 following table may retire: The judge has attained age: And the years 
of service as a judge are at least 65 66 67 68 69 70 15 14 13 12 11 10 
(2) A judge who is not reappointed following the expiration of the term 
for which appointed may retire upon the completion of that term if the 
 judge has served as a judge of the Court for 15 years or more. (3) A 
    judge who becomes permanently disabled and as a result of that 
disability is unable to perform the duties of the office shall retire. 
    (c)(1)(A) A judge who is appointed on or after the date of the 
enactment of the Veterans Benefits Improvement Act of 2008 and 
  who retires under subsection (b) and elects under subsection (d) to 
receive retired pay under this subsection shall (except as provided in 
  paragraph (2)) receive retired pay as follows: (i) In the case of a 
judge who is a recall-eligible retired judge under section 7257 of this 
     title, the retired pay of the judge shall (subject to section 
 7257(d)(2) of this title) be the rate of pay applicable to that judge 
    at the time of retirement, as adjusted from time to time under 
  subsection (f)(3). (ii) In the case of a judge other than a recall-
eligible retired judge, the retired pay of the judge shall be the rate 
of pay applicable to that judge at the time of retirement. (B) A judge 
 who retired before the date of the enactment of the Veterans 
 Benefits Improvement Act of 2008 and elected under subsection (d) to 
receive retired pay under this subsection, or a judge who retires under 
 subsection (b) and elects under subsection (d) to receive retired pay 
  under this subsection, shall (except as provided in paragraph (2)) 
  receive retired pay as follows: (i) In the case of a judge who is a 
 recall-eligible retired judge under section 7257 of this title or who 
was a recall-eligible retired judge under that section and was removed 
from recall status under subsection (b)(4) of that section by reason of 
disability, the retired pay of the judge shall be the pay of a judge of 
 the court. (ii) In the case of a judge who at the time of retirement 
did not provide notice under section 7257 of this title of availability 
for service in a recalled status, the retired pay of the judge shall be 
  the rate of pay applicable to that judge at the time of retirement. 
 (iii) In the case of a judge who was a recall-eligible retired judge 
  under section 7257 of this title and was removed from recall status 
 under subsection (b)(3) of that section, the retired pay of the judge 
 shall be the pay of the judge at the time of the removal from recall 
status. (2) An individual who serves as a judge for less than 10 years 
  and who retires under subsection (b)(3) of this section and elects 
under subsection (d) of this section to receive retired pay under this 
subsection shall receive retired pay at a rate equal to one-half of the 
rate of pay in effect at the time of retirement. (3) Retired pay under 
 this subsection shall begin to accrue on the day following the day on 
  which the individuals salary as judge ceases to accrue and 
         shall continue to accrue during the remainder of the 
 individuals life. Retired pay under this subsection shall be 
 paid in the same manner as the salary of a judge. (d)(1) A judge may 
elect to receive retired pay under subsection (c) of this section. Such 
 an election (A) may be made only while an individual is a judge 
(except that, in the case of an individual who fails to be reappointed 
  as judge at the expiration of a term of office, the election may be 
      made at any time before the date after the day on which the 
   individuals successor takes office); and (B) may not be 
 revoked after the retired pay begins to accrue. (2) In the case of a 
  judge other than the chief judge, such an election shall be made by 
 filing notice of the election in writing with the chief judge. In the 
   case of the chief judge, such an election shall be made by filing 
 notice of the election in writing with the Director of the Office of 
    Personnel Management. (3) The chief judge shall transmit to the 
 Director of the Office of Personnel Management a copy of each notice 
filed with the chief judge under this subsection. (e) If an individual 
for whom an election to receive retired pay under subsection (c) is in 
effect accepts compensation for employment with the United States, the 
  individual shall, to the extent of the amount of that compensation, 
forfeit all rights to retired pay under subsection (c) of this section 
for the period for which the compensation is received. (f)(1) Except as 
  otherwise provided in this subsection, the provisions of the civil 
   service retirement laws (including the provisions relating to the 
   deduction and withholding of amounts from basic pay, salary, and 
compensation) shall apply with respect to service as a judge as if this 
section had not been enacted. (2) In the case of any individual who has 
 filed an election to receive retired pay under subsection (c) of this 
 section (A) no annuity or other payment shall be payable to any 
  person under the civil service retirement laws with respect to any 
service performed by such individual (whether performed before or after 
  such election is filed and whether performed as judge or otherwise) 
except as authorized by section 8440d of title 5; (B) no deduction for 
 purposes of the Civil Service Retirement and Disability Fund shall be 
 made from retired pay payable to that individual under subsection (c) 
of this section or from any other salary, pay, or compensation payable 
  to that individual, for any period beginning after the day on which 
such election is filed; and (C) such individual shall be paid the lump-
   sum credit computed under section 8331(8) or 8401(a) of title 5, 
whichever applies, upon making application therefor with the Office of 
 Personnel Management. (3)(A) A cost-of-living adjustment provided by 
  law in annuities payable under civil service retirement laws shall 
apply to retired pay under this section only in the case of retired pay 
  computed under paragraph (1)(A)(i) or (2) of subsection (c). (B) If 
  such a cost-of-living adjustment would (but for this subparagraph) 
  result in the retired pay of a retired judge being in excess of the 
  annual rate of pay in effect for judges of the Court as provided in 
section 7253(e) of this title, such adjustment may be made only in such 
 amount as results in the retired pay of the retired judge being equal 
to that annual rate of pay (as in effect on the effective date of such 
 adjustment). (g)(1) A judge who becomes permanently disabled and as a 
result of that disability is unable to perform the duties of the office 
     shall certify to the President in writing that such permanent 
 disability exists. If the chief judge retires for such a disability, 
the retirement of the chief judge shall not take effect until concurred 
in by the President. If any other judge retires for such a disability, 
    the chief judge shall furnish to the President a certificate of 
disability signed by the chief judge. (2) Whenever the President finds 
 that a judge has become permanently disabled and as a result of that 
disability is unable to perform the duties of the office, the President 
 shall declare that judge to be retired. Before a judge may be retired 
     under this paragraph, the judge shall be provided with a full 
 specification of the reasons for the retirement and an opportunity to 
  be heard. (h)(1) An individual who has filed an election to receive 
   retired pay under subsection (c) of this section may revoke such 
 election at any time before the first day on which retired pay would 
    (but for such revocation) begin to accrue with respect to such 
 individual. (2) Any revocation under this subsection shall be made by 
  filing a notice of the election in writing with the Director of the 
  Office of Personnel Management. The Office of Personnel Management 
  shall transmit to the chief judge a copy of each notice filed under 
      this subsection. (3) In the case of a revocation under this 
subsection (A) for purposes of this section, the individual shall 
be treated as not having filed an election to receive retired pay under 
  subsection (c) of this section; (B) for purposes of section 7297 of 
this title (i) the individual shall be treated as not having filed 
   an election under section 7297(b) of this title, and (ii) section 
 7297(e) of this title shall not apply and the amount credited to such 
 individuals account (together with interest at 3 percent per 
 year, compounded on December 31 of each year to the date on which the 
revocation is filed) shall be returned to the individual; (C) no credit 
 shall be allowed for any service as a judge of the Court unless with 
respect to such service either there has been deducted and withheld the 
amount required by the civil service retirement laws or there has been 
deposited in the Civil Service Retirement and Disability Fund an amount 
  equal to the amount so required, with interest; (D) the Court shall 
 deposit in the Civil Service Retirement and Disability Fund an amount 
 equal to the additional amount it would have contributed to such Fund 
but for the election under subsection (d); and (E) if subparagraphs (C) 
and (D) of this paragraph are complied with, service on the Court shall 
      be treated as service with respect to which deductions and 
   contributions had been made during the period of service. (i)(1) 
Beginning with the next pay period after the Director of the Office of 
  Personnel Management receives a notice under subsection (d) of this 
  section that a judge has elected to receive retired pay under this 
section, the Director shall deduct and withhold 1 percent of the salary 
 of such judge. Amounts shall be so deducted and withheld in a manner 
 determined by the Director. Amounts deducted and withheld under this 
 subsection shall be deposited in the Treasury of the United States to 
     the credit of the Court of Appeals for Veterans Claims Judges 
Retirement Fund. Deductions under this subsection from the salary of a 
  judge shall terminate upon the retirement of the judge or upon the 
  completion of 15 years of service for which either deductions under 
 this subsection or a deposit under subsection (j) of this section has 
been made, whichever occurs first. (2) Each judge who makes an election 
 under subsection (d) of this section shall be considered to agree to 
 the deductions from salary which are made under paragraph (1) of this 
 subsection. (j) A judge who makes an election under subsection (d) of 
 this section shall deposit, for service on the Court performed before 
the election for which contributions may be made under this section, an 
 amount equal to 1 percent of the salary received for the first years, 
not exceeding 15 years, of that service. Retired pay may not be allowed 
  until a deposit required by this subsection has been made. (k) The 
amounts deducted and withheld under subsection (i) of this section, and 
 the amounts deposited under subsection (j) of this section, shall be 
 deposited in the Court of Appeals for Veterans Claims Retirement Fund 
 for credit to individual accounts in the name of each judge from whom 
such amounts are received. (Added Pub. L. 10194, title I, Sec. 
 101(a), Aug. 16, 1989, 103 Stat. 617, Sec. 4096; renumbered Sec. 7296 
 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), 
May 7, 1991, 105 Stat. 238, 239; Pub. L. 10282, Sec. 5(c)(1), 
Aug. 6, 1991, 105 Stat. 376; Pub. L. 102198, Sec. 7(c)(4)(D), 
 Dec. 9, 1991, 105 Stat. 1625; Pub. L. 105368, title V, Sec. 
  512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106117, 
title X, Secs. 1022, 1035(2), Nov. 30, 1999, 113 Stat. 1592, 1595; Pub. 
 L. 107103, title VI, Sec. 602, Dec. 27, 2001, 115 Stat. 999; 
Pub. L. 110389, title VI, Sec. 603(b)(1), (2), Oct. 10, 2008, 
 122 Stat. 4177, 4178.) ' 7297. Survivor annuities (a) For purposes of 
 this section: (1) The term Court means 
 the United States Court of Appeals for Veterans Claims. (2) The term 
 judge means a judge of the Court who is 
in active service or who has retired under section 7296 of this title. 
 (3) The term pay means salary received 
  under section 7253(e) of this title and retired pay received under 
    section 7296 of this title. (4) The term retirement 
 fund means the Court of Appeals for Veterans Claims 
 Retirement Fund established under section 7298 of this title. (5) The 
 term surviving spouse means a surviving 
 spouse of an individual who (A) was married to such individual for at 
least one year immediately preceding the individuals death, or 
        (B) is a parent of issue by the marriage. (6) The term 
dependent child has the meaning given the 
term child in section 376(a)(5) of title 
28. (7) The term Member of Congress means 
 a Representative, a Senator, a Delegate to Congress, or the Resident 
               Commissioner of Puerto Rico. (8) The term 
assassination as applied to a judge shall 
have the meaning provided that term in section 376(a)(7) of title 28 as 
applied to a judicial official. (b) A judge may become a participant in 
  the annuity program under this section by filing a written election 
 under this subsection while in office or within six months after the 
date on which the judge marries if the judge has retired under section 
 7296 of this title. Any such election shall be made in such manner as 
    may be prescribed by the Court. (c) There shall be deducted and 
   withheld each pay period from the pay of a judge who has made an 
   election under subsection (b) of this section a sum equal to that 
percentage of the judges pay that is the same as provided for 
 the deduction from the salary or retirement salary of a judge of the 
  United States Court of Federal Claims for the purpose of a survivor 
annuity under section 376(b)(1)(B) of title 28. Amounts so deducted and 
 withheld shall be deposited in the retirement fund. A judge who makes 
an election under subsection (b) of this section shall be considered by 
 that election to agree to the deductions from the judges pay 
required by this subsection. (d)(1) A judge who makes an election under 
   subsection (b) of this section shall deposit, with interest at 3 
percent per year compounded on December 31 of each year, to the credit 
     of the retirement fund, an amount equal to 3.5 percent of the 
 judges pay and of the judges basic salary, pay, or 
  compensation for service as a Member of Congress, and for any other 
 civilian service within the purview of section 8332 of title 5. Each 
 such judge may elect to make such deposits in installments during the 
    judges period of service in such amount and under such 
 conditions as may be determined in each instance by the chief judge. 
  Notwithstanding the failure of a judge to make such deposit, credit 
 shall be allowed for the service rendered, but the annual annuity of 
the surviving spouse of such judge shall be reduced by an amount equal 
to 10 percent of the amount of such deposit, computed as of the date of 
    the death of such judge, unless the surviving spouse elects to 
  eliminate such service entirely from credit under subsection (k) of 
this section. However, a deposit shall not be required from a judge for 
any year with respect to which deductions from the judges pay, 
 or a deposit, were actually made (and not withdrawn) under the civil 
  service retirement laws. (2) The interest required under the first 
sentence of paragraph (1) shall not be required for any period (A) 
   during which a judge was separated from any service described in 
 section 376(d)(2) of title 28; and (B) during which the judge was not 
  receiving retired pay based on service as a judge or receiving any 
retirement salary as described in section 376(d)(1) of title 28. (e) If 
 the service of a judge who makes an election under subsection (b) of 
   this section terminates other than pursuant to the provisions of 
section 7296 of this title, or if any judge ceases to be married after 
 making the election under subsection (b) of this section and revokes 
(in a writing filed as provided in subsection (b) of this section) such 
election, the amount credited to the judges individual account 
(together with interest at 3 percent per year compounded on December 31 
   of each year to the date of the judges relinquishment of 
    office) shall be returned to the judge. For the purpose of this 
section, the service of a judge making an election under subsection (b) 
  of this section shall be considered to have terminated pursuant to 
  section 7296 of this title if (1) the judge is not reappointed 
  following expiration of the term for which appointed; and (2) at or 
 before the time of the expiration of that term, the judge is eligible 
for and elects to receive retired pay under section 7296 of this title. 
 (f)(1) If a judge who makes an election under subsection (b) of this 
   section dies after having rendered at least 18 months of civilian 
service (computed as prescribed in subsection (l) of this section), for 
   the last 18 months of which the salary deductions provided for by 
 subsection (c) of this section or the deposits required by subsection 
(d) of this section have actually been made (and not withdrawn) or the 
 salary deductions required by the civil service retirement laws have 
    actually been made (and not withdrawn) (A) if the judge is 
  survived by a surviving spouse but not by a dependent child, there 
shall be paid to the surviving spouse an annuity beginning with the day 
    of the death of the judge, in an amount computed as provided in 
 subsection (k) of this section; or (B) if the judge is survived by a 
surviving spouse and a dependent child or children, there shall be paid 
 to the surviving spouse an immediate annuity in an amount computed as 
provided in subsection (k) of this section and there shall also be paid 
 to or on behalf of each such child an immediate annuity equal to the 
 lesser of (i) 10 percent of the average annual pay of such judge 
(determined in accordance with subsection (k) of this section), or (ii) 
 20 percent of such average annual pay, divided by the number of such 
children; or (C) if the judge is not survived by a surviving spouse but 
is survived by a dependent child or children, there shall be paid to or 
 on behalf of each such child an immediate annuity equal to the lesser 
    of (i) 20 percent of the average annual pay of such judge 
(determined in accordance with subsection (k) of this section), or (ii) 
 40 percent of such average annual pay, divided by the number of such 
  children. (2) The annuity payable to a surviving spouse under this 
      subsection shall be terminated (A) upon the surviving 
  spouses death; or (B) upon the remarriage of the surviving 
  spouse before age 55. (3) The annuity payable to a child under this 
 subsection shall be terminated upon the childs death. (4) In 
case of the death of a surviving spouse of a judge leaving a dependent 
  child or children of the judge surviving the spouse, the annuity of 
such child or children under paragraph (1)(B) of this subsection shall 
    be recomputed and paid as provided in paragraph (1)(C) of this 
 subsection. In any case in which the annuity of a dependent child is 
terminated, the annuities of any remaining dependent child or children, 
based upon the service of the same judge, shall be recomputed and paid 
 as though the child whose annuity was so terminated had not survived 
  the judge. (5) If a judge dies as a result of an assassination and 
 leaves a survivor or survivors who are otherwise entitled to receive 
 annuity payments under this section, the 18-month requirement in the 
matter in paragraph (1) preceding subparagraph (A) shall not apply. (g) 
 Questions of family relationships, dependency, and disability arising 
   under this section shall be determined in the same manner as such 
 questions arising under chapter 84 of title 5 are determined. (h)(1) 
  If (A) a judge making an election under subsection (b) of this 
  section dies while in office (i) before having rendered 5 years of 
   civilian service computed as prescribed in subsection (l) of this 
section, or (ii) after having rendered 5 years of such civilian service 
    but without a survivor entitled to annuity benefits provided by 
    subsection (f) of this section; or (B) the right of all persons 
 entitled to an annuity under subsection (f) of this section based on 
 the service of such judge terminates before a claim for such benefits 
   has been established, the total amount credited to the individual 
account of such judge (with interest at 3 percent per year, compounded 
 on December 31 of each year, to the date of the death of such judge) 
    shall be paid in the manner specified in paragraph (2) of this 
     subsection. (2) An amount payable under paragraph (1) of this 
   subsection shall be paid, upon the establishment of a valid claim 
 therefor, to the person or persons surviving at the date title to the 
   payment arises, in the following order of precedence: (A) To the 
beneficiary or beneficiaries whom the judge designated in writing filed 
before death with the chief judge (except that in the case of the chief 
judge such designation shall be filed before death as prescribed by the 
 Court). (B) To the surviving spouse of the judge. (C) To the child or 
children of the judge (and the descendants of any deceased children by 
  representation). (D) To the parents of the judge or the survivor of 
them. (E) To the executor or administrator of the estate of the judge. 
(F) To such other next of kin of the judge as may be determined by the 
chief judge to be entitled under the laws of the domicile of the judge 
 at the time of the judges death. (3) Determination as to the 
   surviving spouse, child, or parent of a judge for the purposes of 
 paragraph (2) of this subsection shall be made without regard to the 
 definitions in subsection (a) of this section. (4) Payment under this 
subsection in the manner provided in this subsection shall be a bar to 
 recovery by any other person. (5) In a case in which the annuities of 
   all persons entitled to annuity based upon the service of a judge 
terminate before the aggregate amount of annuity paid equals the total 
amount credited to the individual account of such judge (with interest 
 at 3 percent per year, compounded on December 31 of each year to the 
  date of the death of the judge), the difference shall be paid, upon 
  establishment of a valid claim therefor, in the order of precedence 
prescribed in paragraph (2) of this subsection. (6) Any accrued annuity 
  remaining unpaid upon the termination (other than by death) of the 
 annuity of any individual based upon the service of a judge shall be 
paid to that individual. Any accrued annuity remaining unpaid upon the 
death of an individual receiving an annuity based upon the service of a 
judge shall be paid, upon the establishment of a valid claim therefor, 
     in the following order of precedence: (A) To the executor or 
administrator of the estate of that person. (B) After 30 days after the 
date of the death of such individual, to such individual or individuals 
as may appear in the judgment of the chief judge to be legally entitled 
     thereto. Such payment shall be a bar to recovery by any other 
 individual. (i) When a payment under this section is to be made to a 
    minor, or to a person mentally incompetent or under other legal 
 disability adjudged by a court of competent jurisdiction, the payment 
    may be made to the person who is constituted guardian or other 
 fiduciary by the law of the State of residence of such claimant or is 
     otherwise legally vested with the care of the claimant or the 
  claimants estate. If no guardian or other fiduciary of the 
person under legal disability has been appointed under the laws of the 
State of residence of the claimant, the chief judge shall determine the 
person who is otherwise legally vested with the care of the claimant or 
 the claimants estate. (j) Annuities under this section shall 
accrue monthly and shall be due and payable in monthly installments on 
the first business day of the month following the month or other period 
for which the annuity has accrued. An annuity under this section is not 
assignable, either in law or in equity, or subject to execution, levy, 
attachment, garnishment, or other legal process. (k)(1) The annuity of 
the surviving spouse of a judge making an election under subsection (b) 
 of this section shall be an amount equal to the sum of the following: 
(A) The product of (i) 1.5 percent of the judges average 
 annual pay; and (ii) the sum of the judges years of judicial 
  service, the judges years of prior allowable service as a 
   Member of Congress, the judges years of prior allowable 
      service performed as a member of the Armed Forces, and the 
  judges years, not exceeding 15, of prior allowable service 
 performed as a congressional employee (as defined in section 2107 of 
title 5). (B) Three-fourths of 1 percent of the judges average 
annual pay multiplied by the judges years of allowable service 
 not counted under subparagraph (A) of this paragraph. (2) An annuity 
    computed under this subsection may not exceed 50 percent of the 
judges average annual pay and may not be less than 25 percent 
 of such average annual pay. Such annuity shall be further reduced in 
accordance with subsection (d) of this section (if applicable). (3) For 
   purposes of this subsection, the term average annual 
   pay, with respect to a judge, means the average 
   annual pay received by the judge for judicial service (including 
 periods in which the judge received retired pay under section 7296(d) 
  of this title) or for any other prior allowable service during the 
   period of three consecutive years in which the judge received the 
largest such average annual pay. (l) Subject to subsection (d) of this 
  section, the years of service of a judge which are allowable as the 
basis for calculating the amount of the annuity of the judges 
surviving spouse shall include the judges years of service as 
a judge of the Court, the judges years of service as a Member 
of Congress, the judges years of active service as a member of 
    the Armed Forces not exceeding 5 years in the aggregate and not 
including any such service for which credit is allowed for the purposes 
of retirement or retired pay under any other provision of law, and the 
judges years of any other civilian service within the purview 
of section 8332 of title 5. (m) Nothing contained in this section shall 
   be construed to prevent a surviving spouse eligible therefor from 
simultaneously receiving an annuity under this section and any annuity 
 to which such spouse would otherwise be entitled under any other law 
  without regard to this section, but in computing such other annuity 
service used in the computation of such spouses annuity under 
  this section shall not be credited. (n) A judge making an election 
    under subsection (b) of this section shall, at the time of such 
 election, waive all benefits under the civil service retirement laws 
  except section 8440d of title 5. Such a waiver shall be made in the 
  same manner and shall have the same force and effect as an election 
 filed under section 7296(d) of this title. (o) Each survivor annuity 
 payable from the retirement fund shall be increased at the same time 
  as, and by the same percentage by which, annuities payable from the 
 Judicial Survivors Annuities Fund are increased pursuant to 
  section 376(m) of title 28. (Added Pub. L. 10194, title I, 
 Sec. 101(a), Aug. 16, 1989, 103 Stat. 620, Sec. 4097; renumbered Sec. 
  7297 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1),May 7, 1991, 105 Stat. 238, 239; Pub. L. 10254, Sec. 
 14(e)(6), June 13, 1991, 105 Stat. 287; Pub. L. 10282, Sec. 
 5(c)(2), Aug. 6, 1991, 105 Stat. 376; Pub. L. 102 198, Sec. 
  7(c)(4)(E), Dec. 9, 1991, 105 Stat. 1625; Pub. L. 105368, 
title V, Sec. 503, 512(a)(1), Nov. 11, 1998, 112 Stat. 3340, 3341; Pub. 
  L. 106117, title X, Sec. 1023, 1035(2), Nov. 30, 1999, 113 
Stat. 1592, 1595.) ' 7298. Retirement Fund (a) There is established in 
 the Treasury a fund known as the Court of Appeals for Veterans Claims 
Retirement Fund. (b) Amounts in the fund are available for the payment 
of judges retired pay under section 7296 of this title and of 
 annuities, refunds, and allowances under section 7297 of this title. 
(c) Amounts deposited by, or deducted and withheld from the salary and 
retired pay of, a judge under section 7296 or 7297 of this title shall 
 be deposited in the fund and credited to an individual account of the 
judge. (d) The chief judge of the Court of Appeals for Veterans Claims 
 shall submit to the President an annual estimate of the expenditures 
 and appropriations necessary for the maintenance and operation of the 
fund, and such supplemental and deficiency estimates as may be required 
 from time to time for the same purposes, according to law. (e)(1) The 
 chief judge may cause periodic examinations of the retirement fund to 
   be made by an actuary, who may be an actuary employed by another 
  department of the Government temporarily assigned for the purpose. 
 (2)(A) Subject to the availability of appropriations, there shall be 
  deposited in the Treasury to the credit of the retirement fund, not 
   later than the close of each fiscal year, such amounts as may be 
required to reduce to zero the unfunded liability (if any) of the fund. 
 Such deposits shall be taken from sums available for that fiscal year 
   for the payment of the expenses of the Court. (B) For purposes of 
   subparagraph (A) of this paragraph, the term unfunded 
liability, with respect to any fiscal year, means the 
 amount estimated by the chief judge to be equal to the excess (as of 
  the close of that fiscal year) of (i) the present value of all 
   benefits payable from the fund (determined on an annual basis in 
 accordance with section 9503 of title 31), over (ii) the sum of 
(I) the present values of future deductions under sections 7296(i) and 
 7297(c) of this title and future deposits under sections 7296(j) and 
7296(d) of this title, and (II) the balance in the fund as of the close 
  of the fiscal year. (C) For purposes of subparagraph (B), the term 
present value includes a value determined 
    by an actuary with respect to a payment that may be made under 
  subsection (b) from the retirement fund within the contemplation of 
law. (D) Amounts deposited in the retirement fund under this paragraph 
    shall not be credited to the account of any individual. (f) The 
 Secretary of the Treasury shall invest from time to time, in interest-
     bearing securities of the United States, such portions of the 
  retirement fund as in such Secretarys judgment may not be 
  immediately required for payments from the fund. The income derived 
  from such investments shall constitute a part of the fund. (g) For 
 purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency 
  Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)), the retirement 
fund shall be treated in the same manner as the Claims Judges 
 Retirement Fund. (Added Pub. L. 10194, title I, Sec. 101(a), 
   Aug. 16, 1989, 103 Stat. 625, Sec. 4098; renumbered Sec. 7298 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
  7, 1991, 105 Stat. 238, 239; Pub. L. 105368, title V, Sec. 
 502, 512(a)(1), (2)(C), Nov. 11, 1998, 112 Stat. 3340, 3341; Pub. L. 
106117, title X, Sec. 1011(j), Nov. 30, 1999, 113 Stat. 1589.) 
' 7299. Limitation on activities of retired judges (a) A retired judge 
 of the Court who is recall-eligible under section 7257 of this title 
and who in the practice of law represents (or supervises or directs the 
      representation of) a client in making any claim relating to 
  veterans benefits against the United States or any agency 
thereof shall, pursuant to such section, be considered to have declined 
  recall service and be removed from the status of a recall-eligible 
judge. The pay of such a judge, pursuant to section 7296 of this title, 
 shall be the pay of the judge at the time of the removal from recall 
   status. (b) A recall-eligible judge shall be considered to be an 
officer or employee of the United States, but only during periods when 
the judge is serving in recall status. Any prohibition, limitation, or 
 restriction that would otherwise apply to the activities of a recall-
   eligible judge shall apply only during periods when the judge is 
serving in recall status. (Added Pub. L. 106117, title X, Sec. 
1024(a), Nov. 30, 1999, 113 Stat. 1593.) CHAPTER 73 OF TITLE 38, UNITED 
 STATES CODE [As Amended Through P.L. 1127, Enacted March 31, 
     2011] xTITLE 38VETERANS BENEFITS xPART 
     VBOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 
   73VETERANS HEALTH ADMINISTRATION-ORGANIZATION AND FUNCTIONS 
 SUBCHAPTER IORGANIZATION Sec. 7301. Functions of Veterans Health 
    Administration: in general. 7302. Functions of Veterans Health 
Administration: health-care personnel education and training programs. 
 7303. Functions of Veterans Health Administration: research programs. 
 7304. Regulations.7305. Divisions of Veterans Health Administration. 
    7306. Office of the Under Secretary for Health. 7307. Office of 
     Research Oversight. 7308. Office of Rural Health. SUBCHAPTER 
 IIGENERAL AUTHORITY AND ADMINISTRATION 7311. Quality assurance. 
  7311A. Quality management officers. 7312. Special medical advisory 
    group. 7313. Advisory committees: affiliated institutions.7314. 
 Geriatric research, education, and clinical centers. 7315. Geriatrics 
 and Gerontology Advisory Committee. 7316. Malpractice and negligence 
  suits: defense by United States. 7317. Hazardous research projects: 
 indemnification of contractors. 7318. National Center for Preventive 
 Health. 7319. Mammography quality standards.7320. Centers for mental 
 illness research, education, and clinical activities. 7321. Committee 
on Care of Severely Chronically Mentally Ill Veterans. 7321A. Committee 
 on Care of Veterans with Traumatic Brain Injury. 7322. Breast cancer 
  mammography policy. 7323. Required consultations with nurses. 7324. 
Annual report on use of authorities to enhance retention of experienced 
 nurses. 7325. Medical emergency preparedness centers. 7326. Education 
and training programs on medical response to consequences of terrorist 
    activities. 7327. Centers for research, education, and clinical 
  activities on complex multi-trauma associated with combat injuries. 
 7328. Medical preparedness centers. 7329. Parkinsons Disease 
  research, education, and clinical centers. 7330. Multiple sclerosis 
     centers of excellence. 7330A. Epilepsy centers of excellence. 
SUBCHAPTER IIIPROTECTION OF PATIENT RIGHTS 7331. Informed consent. 
        7332. Confidentiality of certain medical records. 7333. 
Nondiscrimination against alcohol and drug abusers and persons infected 
 with the human immunodeficiency virus. 7334. Regulations. SUBCHAPTER 
  IVRESEARCH CORPORATIONS 7361. Authority to establish; status. 
7362. Purpose of corporations. 881 7363. Board of directors; executive 
 director. 7364. General powers. 7364A. Renumbered. 7365. Coverage of 
employees under certain Federal tort claims laws. 7366. Accountability 
and oversight. [7368. Repealed.] SUBCHAPTER IORGANIZATION ' 7301. 
Functions of Veterans Health Administration: in general (a) There is in 
 the Department of Veterans Affairs a Veterans Health Administration. 
 The Under Secretary for Health is the head of the Administration. The 
  Under Secretary for Health may be referred to as the Chief Medical 
Director. (b) The primary function of the Administration is to provide 
   a complete medical and hospital service for the medical care and 
  treatment of veterans, as provided in this title and in regulations 
  prescribed by the Secretary pursuant to this title. (Added Pub. L. 
 10240, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 211; 
 amended Pub. L. 102405, title III, Sec. 302(c)(1), (2), Oct. 
    9, 1992, 106 Stat. 1984.) ' 7302. Functions of Veterans Health 
Administration: health- care personnel education and training programs 
(a) In order to carry out more effectively the primary function of the 
 Veterans Health Administration and in order to assist in providing an 
 adequate supply of health personnel to the Nation, the Secretary 
 (1) to the extent feasible without interfering with the medical care 
  and treatment of veterans, shall develop and carry out a program of 
 education and training of health personnel; and (2) shall carry out a 
major program for the recruitment, training, and employment of veterans 
  with medical military occupation specialties as (A) physician 
  assistants; (B) expanded-function dental auxiliaries; and (C) other 
    medical technicians. (b) In carrying out subsection (a)(1), the 
Secretary shall include in the program of education and training under 
 that subsection the developing and evaluating of new health careers, 
interdisciplinary approaches, and career advancement opportunities. (c) 
 In carrying out subsection (a)(2), the Secretary shall include in the 
program of recruitment, training, and employment under that subsection 
  measures to advise all qualified veterans with military occupation 
  specialties referred to in that subsection, and all members of the 
 armed forces about to be discharged or released from active duty who 
have such military occupation specialties, of employment opportunities 
 with the Administration. (d) The Secretary shall carry out subsection 
 (a) in cooperation with the following institutions and organizations: 
  (1) Schools of medicine, osteopathy, dentistry, nursing, pharmacy, 
 optometry, podiatry, public health, or allied health professions. (2) 
    Other institutions of higher learning. (3) Medical centers. (4) 
   Academic health centers. (5) Hospitals. (6) Such other public or 
  nonprofit agencies, institutions, or organizations as the Secretary 
 considers appropriate. (Added Pub. L. 10240, title IV, Sec. 
 401(a)(3), May 7, 1991, 105 Stat. 211.) ' 7303. Functions of Veterans 
 Health Administration: research programs (a)(1) In order to carry out 
  more effectively the primary function of the Administration and in 
order to contribute to the Nations knowledge about disease and 
disability, the Secretary shall carry out a program of medical research 
   in connection with the provision of medical care and treatment to 
  veterans. Funds appropriated to carry out this section shall remain 
 available until expended. (2) Such program of medical research shall 
 include biomedical research, mental illness research, prosthetic and 
 other rehabilitative research, and health-care-services research. (3) 
 Such program shall stress (A) research into spinal-cord injuries 
and other diseases that lead to paralysis of the lower extremities; and 
   (B) research into injuries and illnesses particularly related to 
service. (4) In carrying out such research program, the Secretary shall 
 act in cooperation with the entities described in section 7302(d) of 
this title. (b) Prosthetic research shall include research and testing 
  in the field of prosthetic, orthotic, and orthopedic appliances and 
 sensory devices. In order that the unique investigative material and 
  research data in the possession of the Government may result in the 
 improvement of such appliances and devices for all disabled persons, 
 the Secretary (through the Under Secretary for Health) shall make the 
results of such research available to any person, and shall consult and 
   cooperate with the Secretary of Health and Human Services and the 
 Secretary of Education, in connection with programs carried out under 
 section 204(b)(3) of the Rehabilitation Act of 1973 (relating to the 
   establishment and support of Rehabilitation Engineering Research 
  Centers). (c)(1) In conducting or supporting clinical research, the 
Secretary shall ensure that, whenever possible and appropriate (A) 
women who are veterans are included as subjects in each project of such 
   research; and (B) members of minority groups who are veterans are 
included as subjects of such research. (2) In the case of a project of 
  clinical research in which women or members of minority groups will 
   under paragraph (1) be included as subjects of the research, the 
Secretary shall ensure that the project is designed and carried out so 
   as to provide for a valid analysis of whether the variables being 
 tested in the research affect women or members of minority groups, as 
the case may be, differently than other persons who are subjects of the 
research. (d)(1) The Secretary, in carrying out the Secretarys 
  responsibilities under this section, shall foster and encourage the 
initiation and expansion of research relating to the health of veterans 
who are women. (2) In carrying out this subsection, the Secretary shall 
consult with the following to assist the Secretary in setting research 
priorities: (A) Officials of the Department assigned responsibility for 
  womens health programs and sexual trauma services. (B) The 
  members of the Advisory Committee on Women Veterans. (C) Members of 
   appropriate task forces and working groups within the Department 
   (including the Women Veterans Working Group and the Task Force on 
      Treatment of Women Who Suffer Sexual Abuse). (Added Pub. L. 
 10240, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 211; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
 1992, 106 Stat. 1984; Pub. L. 103452, title I, Sec. 102(a), 
 (b)(1), Nov. 2, 1994, 108 Stat. 4785, 4786; Pub. L. 105220, 
     title IV, Sec. 414(c), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 
107135, title II, Sec. 205(a), Jan. 23, 2002, 115 Stat. 2460; 
Pub. L. 108170, title IV, Sec. 401(b), Dec. 6, 2003, 117 Stat. 
2061.) ' 7304. Regulations (a) Unless specifically otherwise provided, 
    the Under Secretary for Health shall prescribe all regulations 
necessary to the administration of the Veterans Health Administration, 
 including regulations relating to (1) travel, transportation of 
 household goods and effects, and deductions from pay for quarters and 
subsistence; and (2) the custody, use, and preservation of the records, 
papers, and property of the Administration. (b) Regulations prescribed 
 by the Under Secretary for Health are subject to the approval of the 
Secretary. (Added Pub. L. 10240, title IV, Sec. 401(a)(3), May 
  7, 1991, 105 Stat. 212; amended Pub. L. 102405, title III, 
  Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) ' 7305. Divisions of 
Veterans Health Administration The Veterans Health Administration shall 
   include the following: (1) The Office of the Under Secretary for 
 Health. (2) A Medical Service. (3) A Dental Service. (4) A Podiatric 
  Service. (5) An Optometric Service. (6) A Nursing Service. (7) Such 
other professional and auxiliary services as the Secretary may find to 
 be necessary to carry out the functions of the Administration. (Added 
  Pub. L. 10240, title IV, Sec. 401(a)(3), May 7, 1991, 105 
Stat. 212; amended Pub. L. 102405, title III, Sec. 302(c)(1), 
 Oct. 9, 1992, 106 Stat. 1984.) ' 7306. Office of the Under Secretary 
   for Health (a) The Office of the Under Secretary for Health shall 
 consist of the following: (1) The Deputy Under Secretary for Health, 
who shall be the principal assistant of the Under Secretary for Health 
  and who shall be a qualified doctor of medicine. (2) The Associate 
  Deputy Under Secretary for Health, who shall be an assistant to the 
 Under Secretary for Health and the Deputy Under Secretary for Health 
  and who shall be a qualified doctor of medicine. (3) Not to exceed 
    eight Assistant Under Secretaries for Health. (4) Such Medical 
Directors as may be appointed to suit the needs of the Department, who 
shall be either a qualified doctor of medicine or a qualified doctor of 
 dental surgery or dental medicine. (5) A Director of Nursing Service, 
who shall be a qualified registered nurse and who shall be responsible 
  to, and report directly to, the Under Secretary for Health for the 
operation of the Nursing Service. (6) A Director of Pharmacy Service, a 
 Director of Dietetic Service, a Director of Podiatric Service, and a 
 Director of Optometric Service, who shall be responsible to the Under 
 Secretary for Health for the operation of their respective Services. 
(7) Such directors of such other professional or auxiliary services as 
  may be appointed to suit the needs of the Department, who shall be 
  responsible to the Under Secretary for Health for the operation of 
their respective services. (8) The Director of the National Center for 
Preventive Health, who shall be responsible to the Under Secretary for 
 Health for the operation of the Center. (9) The Director of Physician 
Assistant Services, who shall (A) serve in a full-time capacity at 
  the Central Office of the Department; (B) be a qualified physician 
  assistant; and (C) be responsible and report directly to the Chief 
Patient Care Services Officer of the Veterans Health Administration on 
    all matters relating to the education and training, employment, 
  appropriate use, and optimal participation of physician assistants 
 within the programs and initiatives of the Administration. (10) Such 
   other personnel as may be authorized by this chapter. (b) Of the 
   Assistant Under Secretaries for Health appointed under subsection 
   (a)(3) (1) not more than two may be persons qualified in the 
  administration of health services who are not doctors of medicine, 
   dental surgery, or dental medicines; (2) one shall be a qualified 
   doctor of dental surgery or dental medicine who shall be directly 
responsible to the Under Secretary for Health for the operation of the 
Dental Service; and (3) one shall be a qualified physician trained in, 
  or having suitable extensive experience in, geriatrics who shall be 
   responsible to the Under Secretary for Health for evaluating all 
research, educational, and clinical health-care programs carried out in 
 the Administration in the field of geriatrics and who shall serve as 
the principal advisor to the Under Secretary for Health with respect to 
 such programs. (c) Appointments under subsection (a) shall be made by 
 the Secretary. In the case of appointments under paragraphs (1), (2), 
 (3), (4), and (8) of that subsection, such appointments shall be made 
 upon the recommendation of the Under Secretary for Health. (d) Except 
   as provided in subsection (e) (1) any appointment under this 
    section shall be for a period of four years, with reappointment 
 permissible for successive like periods, (2) any such appointment or 
  reappointment may be extended by the Secretary for a period not in 
 excess of three years, and (3) any person so appointed or reappointed 
 or whose appointment or reappointment is extended shall be subject to 
removal by the Secretary for cause. (e)(1) The Secretary may designate 
    a member of the Chaplain Service of the Department as Director, 
Chaplain Service, for a period of two years, subject to removal by the 
 Secretary for cause. Re-designation under this subsection may be made 
for successive like periods or for any period not exceeding two years. 
(2) A person designated as Director, Chaplain Service, shall at the end 
 of such persons period of service as Director revert to the 
 position, grade, and status which such person held immediately before 
    being designated Director, Chaplain Service, and all service as 
   Director, Chaplain Service, shall be creditable as service in the 
former position. (f) In organizing the Office and appointing persons to 
positions in the Office, the Under Secretary shall ensure that (1) 
 the Office is staffed so as to provide the Under Secretary, through a 
 designated clinician in the appropriate discipline in each instance, 
 with expertise and direct policy guidance on (A) unique programs 
operated by the Administration to provide for the specialized treatment 
       and rehabilitation of disabled veterans (including blind 
 rehabilitation, care of spinal cord dysfunction, mental illness, and 
 long-term care); and (B) the programs established under section 1712A 
 of this title; and (2) with respect to the programs established under 
section 1712A of this title, a clinician with appropriate expertise in 
those programs is responsible to the Under Secretary for the management 
   of those programs. (Added Pub. L. 10240, title IV, Sec. 
401(a)(3), May 7, 1991, 105 Stat. 212; amended Pub. L. 102405, 
title II, Sec. 205, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
  1983, 1984; Pub. L. 102585, title V, Sec. 511(b), Nov. 4, 
    1992, 106 Stat. 4956; Pub. L. 103446, title XII, Sec. 
  1201(c)(3), Nov. 2, 1994, 108 Stat. 4683; Pub. L. 104262, 
      title III, Sec. 344, Oct. 9, 1996, 110 Stat. 3207; Pub. L. 
106419, title II, Sec. 206, Nov. 1, 2000, 114 Stat. 1842; Pub. 
 L. 107135, title I, Sec. 131, Jan. 23, 2002, 115 Stat. 2454; 
 Pub. L. 111163, title V, Sec. 514(a), May 5, 2010, 124 Stat. 
    1165.) ' 7307. Office of Research Oversight (a) REQUIREMENT FOR 
   OFFICE.(1) There is in the Veterans Health Administration an 
 Office of Research Oversight (hereinafter in this section referred to 
 as the Office). The Office shall advise 
 the Under Secretary for Health on matters of compliance and assurance 
     in human subjects protections, research safety, and research 
impropriety and misconduct. The Office shall function independently of 
entities within the Veterans Health Administration with responsibility 
for the conduct of medical research programs. (2) The Office shall 
   (A) monitor, review, and investigate matters of medical research 
   compliance and assurance in the Department with respect to human 
subjects protections; and (B) monitor, review, and investigate matters 
relating to the protection and safety of human subjects and Department 
employees participating in medical research in Department programs. (b) 
DIRECTOR.(1) The head of the Office shall be a Director, who shall 
report directly to the Under Secretary for Health (without delegation). 
 (2) Any person appointed as Director shall be (A) an established 
  expert in the field of medical research, administration of medical 
 research programs, or similar fields; and (B) qualified to carry out 
     the duties of the Office based on demonstrated experience and 
  expertise. (c) FUNCTIONS.(1) The Director shall report to the 
Under Secretary for Health on matters relating to protections of human 
   subjects in medical research projects of the Department under any 
applicable Federal law and regulation, the safety of employees involved 
 in Department medical research programs, and suspected misconduct and 
 impropriety in such programs. In carrying out the preceding sentence, 
   the Director shall consult with employees of the Veterans Health 
 Administration who are responsible for the management and conduct of 
Department medical research programs. (2) The matters to be reported by 
 the Director to the Under Secretary under paragraph (1) shall include 
allegations of research impropriety and misconduct by employees engaged 
    in medical research programs of the Department. (3)(A) When the 
   Director determines that such a recommendation is warranted, the 
    Director may recommend to the Under Secretary that a Department 
research activity be terminated, suspended, or restricted, in whole or 
 in part. (B) In a case in which the Director reasonably believes that 
activities of a medical research project of the Department place human 
subjects lives or health at imminent risk, the Director shall 
direct that activities under that project be immediately suspended or, 
 as appropriate and specified by the Director, be limited. (d) GENERAL 
FUNCTIONS.(1) The Director shall conduct periodic inspections and 
 reviews, as the Director determines appropriate, of medical research 
programs of the Department. Such inspections and reviews shall include 
   review of required documented assurances. (2) The Director shall 
 observe external accreditation activities conducted for accreditation 
of medical research programs conducted in facilities of the Department. 
(3) The Director shall investigate allegations of research impropriety 
and misconduct in medical research projects of the Department. (4) The 
Director shall submit to the Under Secretary for Health, the Secretary, 
and the Committees on Veterans Affairs of the Senate and House 
of Representatives a report on any suspected lapse, from whatever cause 
or causes, in protecting safety of human subjects and others, including 
  employees, in medical research programs of the Department. (5) The 
 Director shall carry out such other duties as the Under Secretary for 
Health may require. (e) SOURCE OF FUNDS.Amounts for the activities 
 of the Office, including its regional offices, shall be derived from 
amounts appropriated for the Veterans Health Administration for Medical 
  Care. (f) ANNUAL REPORT.Not later than March 15 each year, the 
Director shall submit to the Committees on Veterans Affairs of 
 the Senate and House of Representatives a report on the activities of 
 the Office during the preceding calendar year. Each such report shall 
  include, with respect to that year, the following: (1) A summary of 
   reviews of individual medical research programs of the Department 
completed by the Office. (2) Directives and other communications issued 
by the Office to field activities of the Department. (3) Results of any 
  investigations undertaken by the Office during the reporting period 
consonant with the purposes of this section. (4) Other information that 
would be of interest to those committees in oversight of the Department 
  medical research program. (g) MEDICAL RESEARCH.For purposes of 
 this section, the term medical research 
 means medical research described in section 7303(a)(2) of this title. 
(Added Pub. L. 108170, title IV, Sec. 401(a)(1), Dec. 6, 2003, 
          117 Stat. 2060.) ' 7308. Office of Rural Health (a) 
 ESTABLISHMENT.There is established in the Department within the 
 Office of the Under Secretary for Health an office to be known as the 
 Office of Rural Health (in this section 
     referred to as the Office). (b) 
HEAD.The Director of the Office of Rural Health shall be the head 
  of the Office. The Director of the Office of Rural Health shall be 
   appointed by the Under Secretary of Health from among individuals 
qualified to perform the duties of the position. (c) FUNCTIONS.The 
  functions of the Office are as follows: (1) In cooperation with the 
   medical, rehabilitation, health services, and cooperative studies 
 research programs in the Office of Policy and the Office of Research 
 and Development of the Veterans Health Administration, to assist the 
Under Secretary for Health in conducting, coordinating, promoting, and 
 disseminating research into issues affecting veterans living in rural 
areas. (2) To work with all personnel and offices of the Department of 
  Veterans Affairs to develop, refine, and promulgate policies, best 
 practices, lessons learned, and innovative and successful programs to 
improve care and services for veterans who reside in rural areas of the 
  United States. (3) To designate in each Veterans Integrated Service 
 Network (VISN) an individual who shall consult on and coordinate the 
discharge in such Network of programs and activities of the Office for 
veterans who reside in rural areas of the United States. (4) To perform 
such other functions and duties as the Secretary or the Under Secretary 
for Health considers appropriate. (Added Pub. L. 109461, title 
    II, Sec. 212(a)(1), Dec. 22, 2006, 120 Stat. 3421.) SUBCHAPTER 
 IIGENERAL AUTHORITY AND ADMINISTRATION ' 7311. Quality assurance 
(a) The Secretary shall (1) establish and conduct a comprehensive 
program to monitor and evaluate the quality of health care furnished by 
    the Veterans Health Administration (hereinafter in this section 
           referred to as the quality-assurance 
 program); and (2) delineate the responsibilities of 
 the Under Secretary for Health with respect to the quality-assurance 
  program, including the duties prescribed in this section. (b)(1) As 
 part of the quality-assurance program, the Under Secretary for Health 
  shall periodically evaluate (A) whether there are significant 
  deviations in mortality and morbidity rates for surgical procedures 
performed by the Administration from prevailing national mortality and 
 morbidity standards for similar procedures; and (B) if there are such 
deviations, whether they indicate deficiencies in the quality of health 
care provided by the Administration. (2) The evaluation under paragraph 
 (1)(A) shall be made using the information compiled under subsection 
(c)(1). The evaluation under paragraph (1)(B) shall be made taking into 
 account the factors described in subsection (c)(2)(B). (3) If, based 
  upon an evaluation under paragraph (1)(A), the Under Secretary for 
    Health determines that there is a deviation referred to in that 
 paragraph, the Under Secretary for Health shall explain the deviation 
   in the report submitted under subsection (f). (4) As part of the 
    quality-assurance program, the Under Secretary for Health shall 
    establish mechanisms through which employees of Veterans Health 
Administration facilities may submit reports, on a confidential basis, 
       on matters relating to quality of care in Veterans Health 
 Administration facilities to the quality management officers of such 
 facilities under section 7311A(c) of this title. The mechanisms shall 
provide for the prompt and thorough review of any reports so submitted 
   by the receiving officials. (c)(1) The Under Secretary for Health 
    shall (A) determine the prevailing national mortality and 
 morbidity standards for each type of surgical procedure performed by 
   the Administration; and (B) collect data and other information on 
 mortality and morbidity rates in the Administration for each type of 
surgical procedure performed by the Administration and (with respect to 
    each such procedure) compile the data and other information so 
collected (i) for each medical facility of the Department, in the 
    case of cardiac surgery, heart transplant, and renal transplant 
 programs; and (ii) in the aggregate, for each other type of surgical 
 procedure. (2) The Under Secretary for Health shall (A) compare 
the mortality and morbidity rates compiled under paragraph (1)(B) with 
    the national mortality and morbidity standards determined under 
paragraph (1)(A); and (B) analyze any deviation between such rates and 
 such standards in terms of the following: (i) The characteristics of 
  the respective patient populations. (ii) The level of risk for the 
 procedure involved, based on (I) patient age; (II) the type and 
severity of the disease; (III) the effect of any complicating diseases; 
  and (IV) the degree of difficulty of the procedure. (iii) Any other 
 factor that the Under Secretary for Health considers appropriate. (d) 
   Based on the information compiled and the comparisons, analyses, 
 evaluations, and explanations made under subsections (b) and (c), the 
 Under Secretary for Health, in the report under subsection (f), shall 
  make such recommendations with respect to quality assurance as the 
Under Secretary for Health considers appropriate. (e)(1) The Secretary 
  shall allocate sufficient resources (including sufficient personnel 
      with the necessary skills and qualifications) to enable the 
 Administration to carry out its responsibilities under this section. 
 (2) The Inspector General of the Department shall allocate sufficient 
resources (including sufficient personnel with the necessary skills and 
qualifications) to enable the Inspector General to monitor the quality-
   assurance program. (Added Pub. L. 10240, title IV, Sec. 
401(a)(3), May 7, 1991, 105 Stat. 214; amended Pub. L. 102405, 
   title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 
 103 446, title XII, Sec. 1201(g)(5), Nov. 2, 1994, 108 Stat. 
 4687; Pub. L. 111163, title V, Sec. 505(b), May 5, 2010, 124 
Stat. 1159.) ' 7311A. Quality management officers (a) NATIONAL QUALITY 
   MANAGEMENT OFFICER.(1) The Under Secretary for Health shall 
 designate an official of the Veterans Health Administration to act as 
  the principal quality management officer for the quality-assurance 
    program required by section 7311 of this title. The official so 
designated may be known as the National Quality Management 
  Officer of the Veterans Health Administration (in 
this section referred to as the National Quality Management 
Officer). (2) The National Quality Management Officer 
    shall report directly to the Under Secretary for Health in the 
  discharge of responsibilities and duties of the Officer under this 
   section. (3) The National Quality Management Officer shall be the 
 official within the Veterans Health Administration who is principally 
responsible for the quality-assurance program referred to in paragraph 
    (1). In carrying out that responsibility, the Officer shall be 
   responsible for the following: (A) Establishing and enforcing the 
     requirements of the program referred to in paragraph (1). (B) 
Developing an aggregate quality metric from existing data sources, such 
  as the Inpatient Evaluation Center of the Department, the National 
  Surgical Quality Improvement Program, and the External Peer Review 
 Program of the Veterans Health Administration, that could be used to 
 assess reliably the quality of care provided at individual Department 
medical centers and associated community based outpatient clinics. (C) 
Ensuring that existing measures of quality, including measures from the 
Inpatient Evaluation Center, the National Surgical Quality Improvement 
   Program, System-Wide Ongoing Assessment and Review reports of the 
 Department, and Combined Assessment Program reviews of the Office of 
   Inspector General of the Department, are monitored routinely and 
 analyzed in a manner that ensures the timely detection of quality of 
 care issues. (D) Encouraging research and development in the area of 
   quality metrics for the purposes of improving how the Department 
measures quality in individual facilities. (E) Carrying out such other 
   responsibilities and duties relating to quality management in the 
Veterans Health Administration as the Under Secretary for Health shall 
    specify. (4) The requirements under paragraph (3) shall include 
requirements regarding the following: (A) A confidential system for the 
   submittal of reports by Veterans Health Administration personnel 
 regarding quality management at Department facilities. (B) Mechanisms 
  for the peer review of the actions of individuals appointed in the 
   Veterans Health Administration in the position of physician. (b) 
QUALITY MANAGEMENT OFFICERS FOR VISNS.(1) The Regional Director of 
each Veterans Integrated Services Network shall appoint an official of 
 the Network to act as the quality management officer of the Network. 
 (2) The quality management officer for a Veterans Integrated Services 
     Network shall report to the Regional Director of the Veterans 
  Integrated Services Network, and to the National Quality Management 
Officer, regarding the discharge of the responsibilities and duties of 
the officer under this section. (3) The quality management officer for 
   a Veterans Integrated Services Network shall (A) direct the 
quality management office in the Network; and (B) coordinate, monitor, 
   and oversee the quality management programs and activities of the 
Administration medical facilities in the Network in order to ensure the 
thorough and uniform discharge of quality management requirements under 
 such programs and activities throughout such facilities. (c) QUALITY 
  MANAGEMENT OFFICERS FOR MEDICAL FACILITIES.(1) The director of 
 each Veterans Health Administration medical facility shall appoint a 
     quality management officer for that facility. (2) The quality 
management officer for a facility shall report directly to the director 
of the facility, and to the quality management officer of the Veterans 
Integrated Services Network in which the facility is located, regarding 
    the discharge of the responsibilities and duties of the quality 
   management officer under this section. (3) The quality management 
      officer for a facility shall be responsible for designing, 
    disseminating, and implementing quality management programs and 
 activities for the facility that meet the requirements established by 
   the National Quality Management Officer under subsection (a). (d) 
    AUTHORIZATION OF APPROPRIATIONS.(1) Except as provided in 
paragraph (2), there are authorized to be appropriated such sums as may 
 be necessary to carry out this section. (2) There is authorized to be 
appropriated to carry out the provisions of subparagraphs (B), (C), and 
(D) of subsection (a)(3), $25,000,000 for the two-year period of fiscal 
years beginning after the date of the enactment of this section. (Added 
  Pub. L. 111163, title V, Sec. 505(a)(1), May 5, 2010, 124 
 Stat. 1158.) ' 7312. Special medical advisory group (a) The Secretary 
   shall establish an advisory committee to be known as the special 
medical advisory group. The advisory group shall advise the Secretary, 
  through the Under Secretary for Health, and the Under Secretary for 
    Health directly, relative to the care and treatment of disabled 
veterans and other matters pertinent to the Administration. (b) Members 
    of the special medical advisory group shall be appointed by the 
 Secretary upon the recommendation of the Under Secretary for Health. 
   The special medical advisory group shall be composed of (1) 
   members of the medical, dental, podiatric, optometric, and allied 
 scientific professions; (2) other individuals considered by the Under 
Secretary for Health to have experience pertinent to the mission of the 
  Administration; and (3) a disabled veteran. (c) The special medical 
   advisory group shall meet on a regular basis as prescribed by the 
Secretary. The number, terms of service, pay, and allowances of members 
 of the advisory group shall be prescribed in accordance with existing 
 law and regulations. (d) Not later than February 1 of each year, the 
 special medical advisory group shall submit to the Secretary and the 
 Congress a report on the activities of the advisory group during the 
     preceding fiscal year. No report shall be required under this 
  subsection after December 31, 2004. (Added Pub. L. 10240, 
 title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 215; amended Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984; Pub. L. 103 446, title XII, Sec. 1201(e)(20), Nov. 2, 
1994, 108 Stat. 4686; Pub. L. 106419, titleIV, Sec. 403(c)(5), 
Nov. 1, 2000, 114 Stat. 1864.) ' 7313. Advisory committees: affiliated 
  institutions (a) In each case where the Secretary has a contract or 
  agreement with any school, institution of higher learning, medical 
center, hospital, or other public or nonprofit agency, institution, or 
  organization for the training or education of health personnel, the 
Secretary shall establish an advisory committee to advise the Secretary 
   and the Under Secretary for Health with respect to policy matters 
  arising in connection with, and the operation of, the program with 
     respect to which it was appointed. Such a committee may be a 
 deans committee, a medical advisory committee, or the like. 
 (b) Any such advisory committee may be established on an institution-
    wide, multi-disciplinary basis or on a regional basis whenever 
 establishment on such a basis is found to be feasible. (c) Members of 
 each such advisory committee shall be appointed by the Secretary and 
   shall include personnel of the Department (including appropriate 
 representation from the full-time staff) and of the entity with which 
the Secretary has entered into the contract or agreement. The number of 
  members, and terms of members, of each advisory committee shall be 
 prescribed by the Secretary. (d) The Secretary shall require that the 
  Chief of the Nursing Service (or the designee of the Chief) at each 
 Department health-care facility be included in the membership of each 
 policymaking committee at that facility. Such committees include: (1) 
  committees relating to matters such as budget, education, position 
     management, clinical executive issues, planning, and resource 
  allocation, and (2) the deans committee or other advisory 
      committee established under subsection (a). (Added Pub. L. 
 10240, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 216; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
   1992, 106 Stat. 1984.) ' 7314. Geriatric research, education, and 
  clinical centers (a) The Secretary, upon the recommendation of the 
   Under Secretary for Health and pursuant to the provisions of this 
   section, shall designate not more than 25 Department health-care 
    facilities as the locations for centers of geriatric research, 
education, and clinical activities and (subject to the appropriation of 
  sufficient funds for such purpose) shall establish and operate such 
   centers at such locations in accordance with this section. (b) In 
designating locations for centers under subsection (a), the Secretary, 
 upon the recommendation of the Under Secretary for Health, shall 
 (1) designate each Department health-care facility that as of August 
 26, 1980, was operating a geriatric research, education, and clinical 
center unless (on the recommendation of the Under Secretary for Health) 
     the Secretary determines that such facility does not meet the 
requirements of subsection (c) or has not demonstrated effectiveness in 
carrying out the established purposes of such center or the purposes of 
     title III of the Veterans Administration Health-Care 
 Amendments of 1980 (Public Law 96330; 94 Stat. 1048) or the 
  potential to carry out such purposes effectively in the reasonably 
foreseeable future; and (2) assure appropriate geographic distribution 
 of such facilities. (c) The Secretary may not designate a health-care 
  facility as a location for a center under subsection (a) unless the 
peer review panel established under subsection (d) has determined under 
   that subsection that the proposal submitted by such facility as a 
location for a new center under subsection (a) is among those proposals 
  which have met the highest competitive standards of scientific and 
clinical merit, and the Secretary (upon the recommendation of the Under 
    Secretary for Health) determines that the facility has (or may 
  reasonably be anticipated to develop) each of the following: (1) An 
arrangement with an accredited medical school which provides education 
 and training in geriatrics and with which such facility is affiliated 
  under which residents receive education and training in geriatrics 
through regular rotation through such center and through nursing home, 
 extended care, or domiciliary units of such facility so as to provide 
such residents with training in the diagnosis and treatment of chronic 
 diseases of older individuals, including cardiopulmonary conditions, 
 senile dementia, and neurological disorders. (2) An arrangement under 
which nursing or allied health personnel receive training and education 
 in geriatrics through regular rotation through nursing home, extended 
care, or domiciliary units of such facility. (3) The ability to attract 
   the participation of scientists who are capable of ingenuity and 
creativity in health-care research efforts. (4) A policymaking advisory 
      committee composed of appropriate health-care and research 
representatives of the facility and of the affiliated school or schools 
  to advise the directors of such facility and such center on policy 
 matters pertaining to the activities of such center during the period 
    of the operation of such center. (5) The capability to conduct 
  effectively evaluations of the activities of such center. (d)(1) In 
order to provide advice to assist the Secretary and the Under Secretary 
 for Health in carrying out their responsibilities under this section, 
     the Assistant Under Secretary for Health described in section 
    7306(b)(3) of this title shall establish a panel to assess the 
 scientific and clinical merit of proposals that are submitted to the 
Secretary for the establishment of new centers under this section. (2) 
 The membership of the panel shall consist of experts in the fields of 
 geriatric and gerontological research, education, and clinical care. 
Members of the panel shall serve as consultants to the Department for a 
 period of no longer than six months. (3) The panel shall review each 
 proposal submitted to the panel by the Assistant Under Secretary and 
shall submit its views on the relative scientific and clinical merit of 
  each such proposal to the Assistant Under Secretary. (4) The panel 
shall not be subject to the Federal Advisory Committee Act. (e) Before 
 providing funds for the operation of any such center at a health-care 
facility other than a health-care facility designated under subsection 
  (b)(1), the Secretary shall assure that the center at each facility 
   designated under such subsection is receiving adequate funding to 
 enable such center to function effectively in the areas of geriatric 
research, education, and clinical activities. (f) There are authorized 
to be appropriated such sums as may be necessary for the support of the 
 research and education activities of the centers established pursuant 
  to subsection (a). The Under Secretary for Health shall allocate to 
such centers from other funds appropriated generally for the Department 
medical services account and medical and prosthetics research account, 
    as appropriate, such amounts as the Under Secretary for Health 
   determines appropriate. (g) Activities of clinical and scientific 
investigation at each center established under subsection (a) shall be 
 eligible to compete for the award of funding from funds appropriated 
 for the Department medical and prosthetics research account and shall 
 receive priority in the award of funding from such account insofar as 
     funds are awarded to projects for research in geriatrics and 
 gerontology. (Added Pub. L. 10240, title IV, Sec. 401(a)(3), 
   May 7, 1991, 105 Stat. 216; amended Pub. L. 10283, Sec. 
  4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 102405, 
   title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 
102585, title V, Sec. 521, Nov. 4, 1992, 106 Stat. 4958; Pub. 
  L. 103446, title XII, Sec. 1201(c)(4), 1202(b)(2), Nov. 2, 
  1994, 108 Stat. 4683, 4689; Pub. L. 110387, title IX, Sec. 
   901(a)(8), Oct.10, 2008, 122 Stat. 4142.) ' 7315. Geriatrics and 
Gerontology Advisory Committee (a) The Secretary shall establish in the 
 Veterans Health Administration a Geriatrics and Gerontology Advisory 
       Committee (hereinafter in this section referred to as the 
    Committee). The membership of the 
Committee shall be appointed by the Secretary, upon the recommendation 
 of the Under Secretary for Health, and shall include individuals who 
 are not employees of the Federal Government and who have demonstrated 
interest and expertise in research, education, and clinical activities 
related to aging and at least one representative of a national veterans 
  service organization. The Secretary, upon the recommendation of the 
   Under Secretary for Health, shall invite representatives of other 
     appropriate departments and agencies of the United States to 
 participate in the activities of the Committee and shall provide the 
Committee with such staff and other support as may be necessary for the 
 Committee to carry out effectively its functions under this section. 
(b) The Committee shall (1) advise the Under Secretary for Health 
 on all matters pertaining to geriatrics and gerontology; (2) assess, 
  through an evaluation process (including a site visit conducted not 
later than three years after the date of the establishment of each new 
    center and not later than two years after the date of the last 
   evaluation of those centers in operation on August 26, 1980), the 
ability of each center established under section 7314 of this title to 
 achieve its established purposes and the purposes of title III of the 
Veterans Administration Health-Care Amendments of 1980 (Public 
 Law 96330; 94 Stat. 1048); (3) assess the capability of the 
    Department to provide high quality geriatric services, extended 
 services, and other health-care services to eligible older veterans, 
taking into consideration the likely demand for such services from such 
veterans; (4) assess the current and projected needs of eligible older 
  veterans for geriatric services, extended-care services, and other 
 health-care services from the Department and its activities and plans 
designed to meet such needs; and (5) perform such additional functions 
 as the Secretary or Under Secretary for Health may direct. (c)(1) The 
 Committee shall submit to the Secretary, through the Under Secretary 
 for Health, such reports as the Committee considers appropriate with 
  respect to its findings and conclusions under subsection (b). Such 
reports shall include the following: (A) Descriptions of the operations 
     of the centers of geriatric research, education, and clinical 
  activities established pursuant to section 7314 of this title. (B) 
 Assessments of the quality of the operations of such centers. (C) An 
assessment of the extent to which the Department, through the operation 
   of such centers and other health-care facilities and programs, is 
 meeting the needs of eligible older veterans for geriatric services, 
extended-care services, and other health-care services. (D) Assessments 
     of and recommendations for correcting any deficiencies in the 
    operations of such centers. (E) Recommendations for such other 
  geriatric services, ex-tended-care services, and other health-care 
  services as may be needed to meet the needs of older veterans. (2) 
    Whenever the Committee submits a report to the Secretary under 
paragraph (1), the Committee shall at the same time transmit a copy of 
the report in the same form to the appropriate committees of Congress. 
Not later than 90 days after receipt of a report under that paragraph, 
the Secretary shall submit to the appropriate committees of Congress a 
  report containing any comments and recommendations of the Secretary 
      with respect to the report of the Committee. (Added Pub. L. 
 10240, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 217; 
 amended Pub. L. 10283, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 
Stat. 404; Pub. L. 102405, title I, Sec. 102, title III, Sec. 
  302(c)(1), Oct. 9, 1992, 106 Stat. 1973, 1984; Pub. L. 103 
 446, title XII, Sec. 1201(i)(9), 1202(b)(2), Nov. 2, 1994, 108 Stat. 
 4688, 4689; Pub. L. 107330, title III, Sec. 308(g)(13), Dec. 
  6, 2002, 116 Stat. 2829.) ' 7316. Malpractice and negligence suits: 
defense by United States (a)(1) The remedy (A) against the United 
   States provided by sections 1346(b) and 2672 of title 28, or (B) 
through proceedings for compensation or other benefits from the United 
  States as provided by any other law, where the availability of such 
benefits precludes a remedy under section 1346(b) or 2672 of title 28, 
  for damages for personal injury, including death, allegedly arising 
    from malpractice or negligence of a health care employee of the 
  Administration in furnishing health care or treatment while in the 
exercise of that employees duties in or for the Administration 
shall be exclusive of any other civil action or proceeding by reason of 
     the same subject matter against the health care employee (or 
  employees estate) whose act or omission gave rise to such 
 claim. (2) For purposes of paragraph (1), the term health 
     care employee of the Administration means a 
   physician, dentist, podiatrist, chiropractor, optometrist, nurse, 
physician assistant, expanded-function dental auxiliary, pharmacist, or 
     paramedical (such as medical and dental technicians, nursing 
  assistants, and therapists), or other supporting personnel. (b) The 
Attorney General shall defend any civil action or proceeding brought in 
  any court against any person referred to in subsection (a) (or such 
persons estate) for any such damage or injury. Any such person 
 against whom such civil action or proceeding is brought shall deliver 
   within such time after date of service or knowledge of service as 
determined by the Attorney General, all process served upon such person 
  or an attested true copy thereof to such persons immediate 
superior or to whomever was designated by the Secretary to receive such 
 papers and such person shall promptly furnish copies of the pleading 
  and process therein to the United States attorney for the district 
embracing the place wherein the proceeding is brought, to the Attorney 
General, and to the Secretary. (c) Upon a certification by the Attorney 
      General that the defendant was acting in the scope of such 
persons employment in or for the Administration at the time of 
  the incident out of which the suit arose, any such civil action or 
proceeding commenced in a State court shall be removed without bond at 
any time before trial by the Attorney General to the district court of 
  the United States of the district and division embracing the place 
 wherein it is pending and the proceeding deemed a tort action brought 
  against the United States under the provisions of title 28 and all 
    references thereto. After removal the United States shall have 
  available all defenses to which it would have been entitled if the 
action had originally been commenced against the United States. Should 
 a United States district court determine on a hearing on a motion to 
remand held before a trial on the merits that the employee whose act or 
omission gave rise to the suit was not acting within the scope of such 
 persons office or employment, the case shall be remanded to 
the State court. (d) The Attorney General may compromise or settle any 
    claim asserted in such civil action or proceeding in the manner 
provided in section 2677 of title 28, and with the same effect. (e) The 
Secretary may, to the extent the Secretary considers appropriate, hold 
  harmless or provide liability insurance for any person to whom the 
 immunity provisions of this section apply (as described in subsection 
(a)), for damage for personal injury or death, or for property damage, 
  negligently caused by such person while furnishing medical care or 
treatment (including the conduct of clinical studies or investigations) 
     in the exercise of such persons duties in or for the 
   Administration, if such person is assigned to a foreign country, 
detailed to State or political division thereof, or is acting under any 
  other circumstances which would preclude the remedies of an injured 
 third person against the United States, provided by sections 1346(b) 
  and 2672 of title 28, for such damage or injury. (f) The exception 
 provided in section 2680(h) of title 28 shall not apply to any claim 
 arising out of a negligent or wrongful act or omission of any person 
  described in subsection (a) in furnishing medical care or treatment 
   (including medical care or treatment furnished in the course of a 
    clinical study or investigation) while in the exercise of such 
 persons duties in or for the Administration. (Added Pub. L. 
 10240, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 219; 
amended Pub. L. 108170, title III, Sec. 302(e), Dec. 6, 2003, 
 117 Stat. 2058.) ' 7317. Hazardous research projects: indemnification 
of contractors (a)(1) With the approval of the Secretary, any contract 
 or research authorized by section 7303 of this title, the performance 
of which involves a risk of an unusually hazardous nature, may provide 
  that the United States will indemnify the contractor as provided in 
  paragraph (2), but only to the extent that the liability, loss, or 
 damage concerned arises out of the direct performance of the contract 
  and to the extent not covered by the financial protection required 
 under subsection (e). (2) Indemnity under paragraph (1) is indemnity 
   against either or both of the following: (A) Liability (including 
  reasonable expenses of litigation or settlement) to third persons, 
    except liability under State or Federal workers injury 
 compensation laws to employees of the contractor employed at the site 
  of and in connection with the contract for which indemnification is 
 granted, for death, bodily injury, or loss of or damage to property, 
from a risk that the contract defines as unusually hazardous. (B) Loss 
    of or damage to property of the contractor from a risk that the 
 contract defines as unusually hazardous. (b) A contract that provides 
for indemnification in accordance with subsection (a) must also provide 
 for (1) notice to the United States of any claim or suit against 
   the contractor for death, bodily injury, or loss of or damage to 
property; and (2) control of or assistance in the defense by the United 
     States, at its election, of any such suit or claim for which 
 indemnification is provided hereunder. (c) A payment may not be made 
under subsection (a) unless the Secretary certifies that the amount is 
just and reasonable. (d) Upon approval by the Secretary, payments under 
   subsection (a) may be made from (1) funds obligated for the 
performance of the contract concerned; (2) funds available for research 
   or development or both, and not otherwise obligated; or (3) funds 
 appropriated for those payments. (e) Each contractor which is a party 
  to an indemnification agreement under subsection (a) shall have and 
 maintain financial protection of such type and in such amounts as the 
Secretary shall require to cover liability to third persons and loss of 
or damage to the contractors property. The amount of financial 
protection required shall be the maximum amount of insurance available 
from private sources, except that the Secretary may establish a lesser 
    amount, taking into consideration the cost and terms of private 
  insurance. Such financial protection may include private insurance, 
    private contractual indemnities, self-insurance, other proof of 
  financial responsibility, or a combination of such measures. (f) In 
administering the provisions of this section, the Secretary may use the 
  facilities and services of private insurance organizations and may 
 contract to pay a reasonable compensation therefor. Any contract made 
under the provisions of this section may be made without regard to the 
provisions of section 6101(b) to (d) of title 41, upon a showing by the 
 Secretary that advertising is not reasonably practicable, and advance 
  payments may be made under any such contract. (g) The authority to 
indemnify contractors under this section does not create any rights in 
    third persons which would not otherwise exist by law. (h) Funds 
  appropriated to carry out this section shall remain available until 
                expended. (i) In this section, the term 
contractor includes subcontractors of any 
tier under a contract containing an indemnification provision pursuant 
   to subsection (a). (Added Pub. L. 10240, title IV, Sec. 
401(a)(3), May 7, 1991, 105 Stat. 220; amended Pub. L. 111350, 
 Sec. 5(j)(4), Jan. 4, 2011, 124 Stat. 3850.) ' 7318. National Center 
   for Preventive Health (a)(1) The Under Secretary for Health shall 
establish and operate in the Veterans Health Administration a National 
 Center for Preventive Health (hereinafter in this section referred to 
   as the Center). The Center shall be 
   located at a Department health care facility. (2) The head of the 
   Center is the Director of Preventive Health (hereinafter in this 
section referred to as the Director). (3) 
The Under Secretary for Health shall provide the Center with such staff 
   and other support as may be necessary for the Center to carry out 
 effectively its functions under this section. (b) The purposes of the 
     Center are the following: (1) To provide a central office for 
   monitoring and encouraging the activities of the Veterans Health 
     Administration with respect to the provision, evaluation, and 
improvement of preventive health services. (2) To promote the expansion 
 and improvement of clinical, research, and educational activities of 
 the Veterans Health Administration with respect to such services. (c) 
 In carrying out the purposes of the Center, the Director shall do the 
  following: (1) Develop and maintain current information on clinical 
activities of the Veterans Health Administration relating to preventive 
health services, including activities relating to (A) the on-going 
 provision of regularly-furnished services; and (B) patient education 
 and screening programs carried out throughout the Administration. (2) 
     Develop and maintain detailed current information on research 
activities of the Veterans Health Administration relating to preventive 
 health services. (3) In order to encourage the effective provision of 
     preventive health services by Veterans Health Administration 
 personnel (A) ensure the dissemination to such personnel of any 
appropriate information on such services that is derived from research 
   carried out by the Administration; and (B) acquire and ensure the 
   dissemination to such personnel of any appropriate information on 
  research and clinical practices relating to such services that are 
   carried out by researchers, clinicians, and educators who are not 
 affiliated with the Administration. (4) Facilitate the optimal use of 
 the unique resources of the Department for cooperative research into 
   health outcomes by initiating recommendations, and responding to 
  requests of the Under Secretary for Health and the Director of the 
    Medical and Prosthetic Research Service, for such research into 
preventive health services. (5) Provide advisory services to personnel 
 of Department health-care facilities with respect to the planning or 
 furnishing of preventive health services by such personnel. (d) There 
is authorized to be appropriated $1,500,000 to the Medical Care General 
and Special Fund of the Department of Veterans Affairs for each fiscal 
 year for the purpose of permitting the National Center for Preventive 
Health to carry out research, clinical, educational, and administrative 
 activities under this section. Such activities shall be considered to 
 be part of the operation of health-care facilities of the Department 
  without regard to the location at which such activities are carried 
   out. (e) In this section, the term preventive health 
 services has the meaning given such term in section 
 1701(9) of this title. (Added Pub. L. 102585, title V, Sec. 
       511(a)(1), Nov. 4, 1992, 106 Stat. 4955; amended Pub. L. 
 103446, title XII, Sec. 1201(c)(5), Nov. 2, 1994, 108 Stat. 
4683.) ' 7319. Mammography quality standards (a) A mammogram may not be 
 performed at a Department facility unless that facility is accredited 
for that purpose by a private nonprofit organization designated by the 
   Secretary. An organization designated by the Secretary under this 
subsection shall meet the standards for accrediting bodies established 
 under subsection (e) of section 354 of the Public Health Service Act 
(42 U.S.C. 263b). (b) The Secretary, in consultation with the Secretary 
  of Health and Human Services, shall prescribe quality assurance and 
       quality control standards relating to the performance and 
    interpretation of mammograms and use of mammogram equipment and 
 facilities of the Department of Veterans Affairs consistent with the 
  requirements of section 354(f)(1) of the Public Health Service Act. 
Such standards shall be no less stringent than the standards prescribed 
 by the Secretary of Health and Human Services under section 354(f) of 
    the Public Health Service Act. (c)(1) The Secretary, to ensure 
 compliance with the standards prescribed under subsection (b), shall 
 provide for an annual inspection of the equipment and facilities used 
  by and in Department health care facilities for the performance of 
     mammograms. Such inspections shall be carried out in a manner 
consistent with the inspection of certified facilities by the Secretary 
of Health and Human Services under section 354(g) of the Public Health 
Service Act. (2) The Secretary may not provide for an inspection under 
  paragraph (1) to be performed by a State agency. (d) The Secretary 
    shall ensure that mammograms performed for the Department under 
 contract with any non-Department facility or provider conform to the 
   quality standards prescribed by the Secretary of Health and Human 
 Services under section 354 of the Public Health Service Act. (e) For 
                the purposes of this section, the term 
mammogram has the meaning given such term 
 in paragraph (5) of section 354(a) of the Public Health Service Act. 
  (Added Pub. L. 104262, title III, Sec. 321(a)(1), Oct. 9, 
  1996, 110 Stat. 3195.) ' 7320. Centers for mental illness research, 
 education, and clinical activities (a) The purpose of this section is 
to provide for the improvement of the provision of health-care services 
  and related counseling services to eligible veterans suffering from 
 mental illness (especially mental illness related to service-related 
    conditions) through (1) the conduct of research (including 
     research on improving mental health service facilities of the 
 Department and on improving the delivery of mental health services by 
    the Department); (2) the education and training of health care 
personnel of the Department; and (3) the development of improved models 
    and systems for the furnishing of mental health services by the 
 Department. (b)(1) The Secretary shall establish and operate centers 
 for mental illness research, education, and clinical activities. Such 
 centers shall be established and operated by collaborating Department 
  facilities as provided in subsection (c)(1). Each such center shall 
 function as a center for (A) research on mental health services; 
    (B) the use by the Department of specific models for furnishing 
services to treat serious mental illness; (C) education and training of 
 health-care professionals of the Department; and (D) the development 
  and implementation of innovative clinical activities and systems of 
 care with respect to the delivery of such services by the Department. 
(2) The Secretary shall, upon the recommendation of the Under Secretary 
 for Health, designate the centers under this section. In making such 
 designations, the Secretary shall ensure that the centers designated 
  are located in various geographic regions of the United States. The 
 Secretary may designate a center under this section only if (A) 
  the proposal submitted for the designation of the center meets the 
  requirements of subsection (c); (B) the Secretary makes the finding 
described in subsection (d); and (C) the peer review panel established 
 under subsection (e) makes the determination specified in subsection 
 (e)(3) with respect to that proposal. (3) Not more than five centers 
    may be designated under this section. (4) The authority of the 
   Secretary to establish and operate centers under this section is 
subject to the appropriation of funds for that purpose. (c) A proposal 
submitted for the designation of a center under this section shall 
(1) provide for close collaboration in the establishment and operation 
    of the center, and for the provision of care and the conduct of 
   research and education at the center, by a Department facility or 
facilities in the same geographic area which have a mission centered on 
 care of the mentally ill and a Department facility in that area which 
 has a mission of providing tertiary medical care; (2) provide that no 
   less than 50 percent of the funds appropriated for the center for 
 support of clinical care, research, and education will be provided to 
 the collaborating facility or facilities that have a mission centered 
     on care of the mentally ill; and (3) provide for a governance 
   arrangement between the collaborating Department facilities which 
 ensures that the center will be established and operated in a manner 
      aimed at improving the quality of mental health care at the 
 collaborating facility or facilities which have a mission centered on 
  care of the mentally ill. (d) The finding referred to in subsection 
  (b)(2)(B) with respect to a proposal for designation of a site as a 
location of a center under this section is a finding by the Secretary, 
  upon the recommendation of the Under Secretary for Health, that the 
facilities submitting the proposal have developed (or may reasonably be 
anticipated to develop) each of the following: (1) An arrangement with 
 an accredited medical school that provides education and training in 
 psychiatry and with which one or more of the participating Department 
    facilities is affiliated under which medical residents receive 
 education and training in psychiatry through regular rotation through 
the participating Department facilities so as to provide such residents 
with training in the diagnosis and treatment of mental illness. (2) An 
  arrangement with an accredited graduate program of psychology under 
which students receive education and training in clinical, counseling, 
    or professional psychology through regular rotation through the 
participating Department facilities so as to provide such students with 
   training in the diagnosis and treatment of mental illness. (3) An 
  arrangement under which nursing, social work, counseling, or allied 
 health personnel receive training and education in mental health care 
     through regular rotation through the participating Department 
facilities. (4) The ability to attract scientists who have demonstrated 
  achievement in research (A) into the evaluation of innovative 
  approaches to the design of mental health services; or (B) into the 
causes, prevention, and treatment of mental illness. (5) The capability 
    to evaluate effectively the activities of the center, including 
 activities relating to the evaluation of specific efforts to improve 
the quality and effectiveness of mental health services provided by the 
  Department at or through individual facilities. (e)(1) In order to 
  provide advice to assist the Secretary and the Under Secretary for 
  Health to carry out their responsibilities under this section, the 
       official within the central office of the Veterans Health 
 Administration responsible for mental health and behavioral sciences 
 matters shall establish a peer review panel to assess the scientific 
and clinical merit of proposals that are submitted to the Secretary for 
  the designation of centers under this section. (2) The panel shall 
 consist of experts in the fields of mental health research, education 
 and training, and clinical care. Members of the panel shall serve as 
consultants to the Department. (3) The panel shall review each proposal 
submitted to the panel by the official referred to in paragraph (1) and 
shall submit to that official its views on the relative scientific and 
  clinical merit of each such proposal. The panel shall specifically 
 determine with respect to each such proposal whether that proposal is 
among those proposals which have met the highest competitive standards 
of scientific and clinical merit. (4) The panel shall not be subject to 
 the Federal Advisory Committee Act (5 U.S.C. App.). (f) Clinical and 
 scientific investigation activities at each center established under 
this section (1) may compete for the award of funding from amounts 
    appropriated for the Department of Veterans Affairs medical and 
  prosthetics research account; and (2) shall receive priority in the 
  award of funding from such account insofar as funds are awarded to 
   projects and activities relating to mental illness. (g) The Under 
     Secretary for Health shall ensure that at least three centers 
    designated under this section emphasize research into means of 
   improving the quality of care for veterans suffering from mental 
  illness through the development of community-based alternatives to 
 institutional treatment for such illness. (h) The Under Secretary for 
    Health shall ensure that information produced by the research, 
education and training, and clinical activities of centers established 
   under this section that may be useful for other activities of the 
Veterans Health Administration is disseminated throughout the Veterans 
    Health Administration. Such dissemination shall be made through 
   publications, through programs of continuing medical and related 
  education provided through regional medical education centers under 
  subchapter VI of chapter 74 of this title, and through other means. 
Such programs of continuing medical education shall receive priority in 
the award of funding. (i) The official within the central office of the 
   Veterans Health Administration responsible for mental health and 
 behavioral sciences matters shall be responsible for supervising the 
operation of the centers established pursuant to this section and shall 
provide for ongoing evaluation of the centers and their compliance with 
  the requirements of this section. (j)(1) There are authorized to be 
   appropriated to the Department of Veterans Affairs for the basic 
   support of the research and education and training activities of 
 centers established pursuant to this section amounts as follows: (A) 
  $3,125,000 for fiscal year 1998. (B) $6,250,000 for each of fiscal 
 years 1999 through 2001. (2) In addition to funds appropriated for a 
    fiscal year pursuant to the authorization of appropriations in 
 paragraph (1), the Under Secretary for Health shall allocate to such 
 centers from other funds appropriated for that fiscal year generally 
for the Department of Veterans Affairs medical services account and the 
Department of Veterans Affairs medical and prosthetics research account 
 such amounts as the Under Secretary for Health determines appropriate 
       to carry out the purposes of this section. (Added Pub. L. 
  104262, title III, Sec. 334(a)(1), Oct. 9, 1996, 110 Stat. 
 3200; amended Pub. L. 110387, title IX, Sec. 901(a)(8), Oct. 
   10, 2008, 122 Stat. 4142.) ' 7321. Committee on Care of Severely 
Chronically Mentally Ill Veterans (a) The Secretary, acting through the 
  Under Secretary for Health, shall establish in the Veterans Health 
Administration a Committee on Care of Severely Chronically Mentally Ill 
Veterans. The Under Secretary shall appoint employees of the Department 
with expertise in the care of the chronically mentally ill to serve on 
    the committee. (b) The committee shall assess, and carry out a 
    continuing assessment of, the capability of the Veterans Health 
  Administration to meet effectively the treatment and rehabilitation 
   needs of mentally ill veterans whose mental illness is severe and 
     chronic and who are eligible for health care furnished by the 
  Department, including the needs of such veterans who are women. In 
carrying out that responsibility, the committee shall (1) evaluate 
    the care provided to such veterans through the Veterans Health 
  Administration; (2) identify systemwide problems in caring for such 
   veterans in facilities of the Veterans Health Administration; (3) 
identify specific facilities within the Veterans Health Administration 
    at which program enrichment is needed to improve treatment and 
rehabilitation of such veterans; and (4) identify model programs which 
 the committee considers to have been successful in the treatment and 
 rehabilitation of such veterans and which should be implemented more 
widely in or through facilities of the Veterans Health Administration. 
 (c) The committee shall (1) advise the Under Secretary regarding 
the development of policies for the care and rehabilitation of severely 
chronically mentally ill veterans; and (2) make recommendations to the 
    Under Secretary (A) for improving programs of care of such 
  veterans at specific facilities and throughout the Veterans Health 
Administration; (B) for establishing special programs of education and 
  training relevant to the care of such veterans for employees of the 
   Veterans Health Administration; (C) regarding research needs and 
priorities relevant to the care of such veterans; and (D) regarding the 
appropriate allocation of resources for all such activities. (d)(1) Not 
later than April 1, 1997, the Secretary shall submit to the Committees 
on Veterans Affairs of the Senate and House of Representatives 
   a report on the implementation of this section. The report shall 
include the following: (A) A list of the members of the committee. (B) 
 The assessment of the Under Secretary for Health, after review of the 
  initial findings of the committee, regarding the capability of the 
    Veterans Health Administration, on a systemwide and facility-by-
 facility basis, to meet effectively the treatment and rehabilitation 
 needs of severely chronically mentally ill veterans who are eligible 
    for Department care. (C) The plans of the committee for further 
assessments. (D) The findings and recommendations made by the committee 
to the Under Secretary for Health and the views of the Under Secretary 
 on such findings and recommendations. (E) A description of the steps 
taken, plans made (and a timetable for their execution), and resources 
 to be applied toward improving the capability of the Veterans Health 
  Administration to meet effectively the treatment and rehabilitation 
 needs of severely chronically mentally ill veterans who are eligible 
  for Department care. (2) Not later than June 1 of each year through 
2012, the Secretary shall submit to the Committees on Veterans 
Affairs of the Senate and House of Representatives a report containing 
information updating the reports submitted under this subsection before 
 the submission of such report. (Added Pub. L. 104262, title 
    III, Sec. 335(a), Oct. 9, 1996, 110 Stat. 3204; amended Pub. L. 
 106419, title IV, Sec. 402(f), Nov. 1, 2000, 114 Stat. 1863; 
  Pub. L. 108 170, title IV, Sec. 405(c), Dec. 6, 2003, 117 
  Stat. 2063; Pub. L. 110387, title VIII, Sec. 807, Oct. 10, 
  2008, 122 Stat. 4141.) ' 7321A. Committee on Care of Veterans with 
   Traumatic Brain Injury (a) ESTABLISHMENT.The Secretary shall 
establish in the Veterans Health Administration a committee to be known 
 as the Committee on Care of Veterans with Traumatic Brain 
Injury. The Under Secretary for Health shall appoint 
employees of the Department with expertise in the care of veterans with 
traumatic brain injury to serve on the committee. (b) RESPONSIBILITIES 
     OF COMMITTEE.The committee shall assess, and carry out a 
    continuing assessment of, the capability of the Veterans Health 
  Administration to meet effectively the treatment and rehabilitation 
  needs of veterans with traumatic brain injury. In carrying out that 
responsibility, the committee shall (1) evaluate the care provided 
   to such veterans through the Veterans Health Administration; (2) 
identify systemwide problems in caring for such veterans in facilities 
of the Veterans Health Administration; (3) identify specific facilities 
 within the Veterans Health Administration at which program enrichment 
is needed to improve treatment and rehabilitation of such veterans; and 
(4) identify model programs which the committee considers to have been 
  successful in the treatment and rehabilitation of such veterans and 
which should be implemented more widely in or through facilities of the 
Veterans Health Administration. (c) ADVICE AND RECOMMENDATIONS.The 
   committee shall (1) advise the Under Secretary regarding the 
  development of policies for the care and rehabilitation of veterans 
with traumatic brain injury; and (2) make recommendations to the Under 
 Secretary (A) for improving programs of care of such veterans at 
specific facilities and throughout the Veterans Health Administration; 
    (B) for establishing special programs of education and training 
  relevant to the care of such veterans for employees of the Veterans 
  Health Administration; (C) regarding research needs and priorities 
     relevant to the care of such veterans; and (D) regarding the 
appropriate allocation of resources for all such activities. (d) ANNUAL 
REPORT.Not later than June 1, 2010, and each year thereafter, the 
Secretary shall submit to the Committee on Veterans Affairs of 
the Senate and the Committee on Veterans Affairs of the House 
of Representatives a report on the implementation of this section. Each 
such report shall include the following for the calendar year preceding 
the year in which the report is submitted: (1) A list of the members of 
 the committee. (2) The assessment of the Under Secretary for Health, 
after review of the findings of the committee, regarding the capability 
 of the Veterans Health Administration, on a system-wide and facility-
by-facility basis, to meet effectively the treatment and rehabilitation 
  needs of veterans with traumatic brain injury. (3) The plans of the 
committee for further assessments. (4) The findings and recommendations 
 made by the committee to the Under Secretary for Health and the views 
  of the Under Secretary on such findings and recommendations. (5) A 
  description of the steps taken, plans made (and a timetable for the 
execution of such plans), and resources to be applied toward improving 
     the capability of the Veterans Health Administration to meet 
  effectively the treatment and rehabilitation needs of veterans with 
 traumatic brain injury. (Added Pub. L. 111163, title V, Sec. 
515(a), May 5, 2010, 124 Stat. 1165.) ' 7322. Breast cancer mammography 
  policy (a) The Under Secretary for Health shall develop a national 
policy for the Veterans Health Administration on mammography screening 
for veterans. (b) The policy developed under subsection (a) shall 
      (1) specify standards of mammography screening; (2) provide 
    recommendations with respect to screening, and the frequency of 
screening, for (A) women veterans who are over the age of 39; and 
 (B) veterans, without regard to age, who have clinical symptoms, risk 
   factors, or family history of breast cancer; and (3) provide for 
 clinician discretion. (Added Pub. L. 105114, title II, Sec. 
      208(a)(1), Nov. 21, 1997, 111 Stat. 2289.) ' 7323. Required 
 consultations with nurses The Under Secretary for Health shall ensure 
that (1) the director of a geographic service area, in formulating 
    policy relating to the provision of patient care, shall consult 
regularly with a senior nurse executive or senior nurse executives; and 
 (2) the director of a medical center shall include a registered nurse 
  as a member of any committee used at that medical center to provide 
  recommendations or decisions on medical center operations or policy 
 affecting clinical services, clinical outcomes, budget, or resources. 
(Added Pub. L. 106419, title II, Sec. 201(b)(1), Nov. 1, 2000, 
114 Stat. 1840.) ' 7324. Annual report on use of authorities to enhance 
 retention of experienced nurses (a) ANNUAL REPORT.Not later than 
January 31 each year, the Secretary, acting through the Under Secretary 
  for Health, shall submit to Congress a report on the use during the 
  preceding year of authorities for purposes of retaining experienced 
   nurses in the Veterans Health Administration, as follows: (1) The 
authorities under chapter 76 of this title. (2) The authority under VA 
Directive 5102.1, relating to the Department of Veterans Affairs nurse 
   qualification standard, dated November 10, 1999, or any successor 
  directive. (3) Any other authorities available to the Secretary for 
 those purposes. (b) REPORT ELEMENTS.Each report under subsection 
   (a) shall specify for the period covered by such report, for each 
Department medical facility and for each geographic service area of the 
 Department, the following: (1) The number of waivers requested under 
   the authority referred to in subsection (a)(2), and the number of 
waivers granted under that authority, to promote to the Nurse II grade 
or Nurse III grade under the Nurse Schedule under section 7404(b)(1) of 
 this title any nurse who has not completed a baccalaureate degree in 
nursing in a recognized school of nursing, set forth by age, race, and 
years of experience of the individuals subject to such waiver requests 
   and waivers, as the case may be. (2) The programs carried out to 
facilitate the use of nursing education programs by experienced nurses, 
   including programs for flexible scheduling, scholarships, salary 
 replacement pay, and on-site classes. (Added Pub. L. 107135, 
   title I, Sec. 125(a)(1), Jan. 23, 2002, 115 Stat. 2452.) ' 7325. 
      Medical emergency preparedness centers (a) ESTABLISHMENT OF 
 CENTERS.(1) The Secretary shall establish four medical emergency 
preparedness centers in accordance with this section. Each such center 
   shall be established at a Department medical center and shall be 
  staffed by Department employees. (2) The Under Secretary for Health 
   shall be responsible for supervising the operation of the centers 
 established under this section. The Under Secretary shall provide for 
    ongoing evaluation of the centers and their compliance with the 
 requirements of this section. (3) The Under Secretary shall carry out 
    the Under Secretarys functions under paragraph (2) in 
  consultation with the Assistant Secretary of Veterans Affairs with 
    responsibility for operations, preparedness, security, and law 
  enforcement functions. (b) MISSION.The mission of the centers 
   shall be as follows: (1) To carry out research on, and to develop 
methods of detection, diagnosis, prevention, and treatment of injuries, 
 diseases, and illnesses arising from the use of chemical, biological, 
 radiological, incendiary or other explosive weapons or devices posing 
  threats to the public health and safety. (2) To provide education, 
  training, and advice to health care professionals, including health 
care professionals outside the Veterans Health Administration, through 
 the National Disaster Medical System established pursuant to section 
 2812 of the Public Health Service Act (42 U.S.C. 300hh-11) or through 
interagency agreements entered into by the Secretary for that purpose. 
  (3) In the event of a disaster or emergency referred to in section 
  1785(b) of this title, to provide such laboratory, epidemiological, 
medical, or other assistance as the Secretary considers appropriate to 
 Federal, State, and local health care agencies and personnel involved 
    in or responding to the disaster or emergency. (c) SELECTION OF 
 CENTERS.(1) The Secretary shall select the sites for the centers 
on the basis of a competitive selection process. The Secretary may not 
 designate a site as a location for a center under this section unless 
 the Secretary makes a finding under paragraph (2) with respect to the 
   proposal for the designation of such site. To the maximum extent 
practicable, the Secretary shall ensure the geographic dispersal of the 
sites throughout the United States. Any such center may be a consortium 
   of efforts of more than one medical center. (2) A finding by the 
 Secretary referred to in paragraph (1) with respect to a proposal for 
designation of a site as a location of a center under this section is a 
    finding by the Secretary, upon the recommendations of the Under 
 Secretary for Health and the Assistant Secretary with responsibility 
for operations, preparedness, security, and law enforcement functions, 
that the facility or facilities submitting the proposal have developed 
 (or may reasonably be anticipated to develop) each of the following: 
 (A) An arrangement with a qualifying medical school and a qualifying 
 school of public health (or a consortium of such schools) under which 
physicians and other persons in the health field receive education and 
training through the participating Department medical facilities so as 
  to provide those persons with training in the detection, diagnosis, 
prevention, and treatment of injuries, diseases, and illnesses induced 
  by exposures to chemical and biological substances, radiation, and 
 incendiary or other explosive weapons or devices. (B) An arrangement 
    with a graduate school specializing in epidemiology under which 
  students receive education and training in epidemiology through the 
participating Department facilities so as to provide such students with 
training in the epidemiology of contagious and infectious diseases and 
   chemical and radiation poisoning in an exposed population. (C) An 
  arrangement under which nursing, social work, counseling, or allied 
    health personnel and students receive training and education in 
  recognizing and caring for conditions associated with exposures to 
toxins through the participating Department facilities. (D) The ability 
 to attract scientists who have made significant contributions to the 
   development of innovative approaches to the detection, diagnosis, 
 prevention, or treatment of injuries, diseases, and illnesses arising 
from the use of chemical, biological, radiological, incendiary or other 
 explosive weapons or devices posing threats to the public health and 
  safety. (3) For purposes of paragraph (2)(A) (A) a qualifying 
medical school is an accredited medical school that provides education 
 and training in toxicology and environmental health hazards and with 
 which one or more of the participating Department medical centers is 
    affiliated; and (B) a qualifying school of public health is an 
accredited school of public health that provides education and training 
 in toxicology and environmental health hazards and with which one or 
more of the participating Department medical centers is affiliated. (d) 
RESEARCH ACTIVITIES.Each center shall conduct research on improved 
medical preparedness to protect the Nation from threats in the area of 
 that centers expertise. Each center may seek research funds 
from public and private sources for such purpose. (e) DISSEMINATION OF 
   RESEARCH PRODUCTS.(1) The Under Secretary for Health and the 
 Assistant Secretary with responsibility for operations, preparedness, 
 security, and law enforcement functions shall ensure that information 
    produced by the research, education and training, and clinical 
activities of centers established under this section is made available, 
    as appropriate, to health-care providers in the United States. 
 Dissemination of such information shall be made through publications, 
 through programs of continuing medical and related education provided 
   through regional medical education centers under subchapter VI of 
  chapter 74 of this title, and through other means. Such programs of 
  continuing medical education shall receive priority in the award of 
funding. (2) The Secretary shall ensure that the work of the centers is 
  conducted in close coordination with other Federal departments and 
agencies and that research products or other information of the centers 
  shall be coordinated and shared with other Federal departments and 
agencies. (f) COORDINATION OF ACTIVITIES.The Secretary shall take 
 appropriate actions to ensure that the work of each center is carried 
out (1) in close coordination with the Department of Defense, the 
    Department of Health and Human Services, and other departments, 
 agencies, and elements of the Government charged with coordination of 
 plans for United States homeland security; and (2) after taking into 
 consideration applicable recommendations of the working group on the 
prevention, preparedness, and response to bioterrorism and other public 
  health emergencies established under section 319F(a) of the Public 
Health Service Act (42 U.S.C. 247d-6(a)) or any other joint interagency 
    advisory group or committee designated by the President or the 
Presidents designee to coordinate Federal research on weapons 
    of mass destruction. (g) ASSISTANCE TO OTHER AGENCIES.The 
  Secretary may provide assistance requested by appropriate Federal, 
  State, and local civil and criminal authorities in investigations, 
inquiries, and data analyses as necessary to protect the public safety 
 and prevent or obviate biological, chemical, or radiological threats. 
 (h) DETAIL OF EMPLOYEES FROM OTHER AGENCIES.Upon approval by the 
     Secretary, the Director of a center may request the temporary 
  assignment or detail to the center, on a nonreimbursable basis, of 
employees from other departments and agencies of the United States who 
 have expertise that would further the mission of the center. Any such 
  employee may be so assigned or detailed on a nonreimbursable basis 
 pursuant to such a request. (i) FUNDING.(1) Amounts appropriated 
     for the activities of the centers under this section shall be 
 appropriated separately from amounts appropriated for the Department 
 for medical care. (2) In addition to funds appropriated for a fiscal 
    year specifically for the activities of the centers pursuant to 
 paragraph (1), the Under Secretary for Health shall allocate to such 
 centers from other funds appropriated for that fiscal year generally 
for the Department medical services account and the Department medical 
 and prosthetics research account such amounts as the Under Secretary 
 determines appropriate to carry out the purposes of this section. Any 
determination by the Under Secretary under the preceding sentence shall 
       be made in consultation with the Assistant Secretary with 
    responsibility for operations, preparedness, security, and law 
enforcement functions. (3) There are authorized to be appropriated for 
  the centers under this section $20,000,000 for each of fiscal years 
 2003 through 2007. (Added Pub. L. 107287, Sec. 2(a)(1), Nov. 
  7, 2002, 116 Stat. 2024; amended Pub. L. 110387, title IX, 
Sec. 901(a)(8), Oct. 10, 2008, 122 Stat. 4142; Pub. L. 111275, 
   title X, Sec. 1001(n)(2), Oct. 13, 2010, 124 Stat. 2897.) ' 7326. 
Education and training programs on medical responses to consequences of 
  terrorist activities (a) EDUCATION PROGRAM.The Secretary shall 
   carry out a program to develop and disseminate a series of model 
    education and training programs on the medical responses to the 
        consequences of terrorist activities. (b) IMPLEMENTING 
   OFFICIAL.The program shall be carried out through the Under 
 Secretary for Health, in consultation with the Assistant Secretary of 
  Veterans Affairs with responsibility for operations, preparedness, 
        security, and law enforcement functions. (c) CONTENT OF 
 PROGRAMS.The education and training programs developed under the 
 program shall be modelled after programs established at the F. Edward 
 Hebert School of Medicine of the Uniformed Services University of the 
 Health Sciences and shall include, at a minimum, training for health 
   care professionals in the following: (1) Recognition of chemical, 
   biological, radiological, incendiary, or other explosive agents, 
   weapons, or devices that may be used in terrorist activities. (2) 
 Identification of the potential symptoms of exposure to those agents. 
   (3) Understanding of the potential long-term health consequences, 
   including psychological effects, resulting from exposure to those 
 agents, weapons, or devices. (4) Emergency treatment for exposure to 
    those agents, weapons, or devices. (5) An appropriate course of 
followup treatment, supportive care, and referral. (6) Actions that can 
be taken while providing care for exposure to those agents, weapons, or 
devices to protect against contamination, injury, or other hazards from 
such exposure. (7) Information on how to seek consultative support and 
   to report suspected or actual use of those agents. (d) POTENTIAL 
 TRAINEES.In designing the education and training programs under 
 this section, the Secretary shall ensure that different programs are 
 designed for health-care professionals in Department medical centers. 
The programs shall be designed to be disseminated to health professions 
 students, graduate health and medical education trainees, and health 
    practitioners in a variety of fields. (e) CONSULTATION.In 
 establishing education and training programs under this section, the 
      Secretary shall consult with appropriate representatives of 
accrediting, certifying, and coordinating organizations in the field of 
  health professions education. (Added Pub. L. 107287, Sec. 
 3(a)(1), Nov. 7, 2002, 116 Stat. 2027.) ' 7327. Centers for research, 
 education, and clinical activities on complex multi-trauma associated 
with combat injuries (a) PURPOSE.The purpose of this section is to 
 provide for the improvement of the provision of health care services 
and related rehabilitation and education services to eligible veterans 
  suffering from complex multi-trauma associated with combat injuries 
through (1) the development of improved models and systems for the 
   furnishing by the Department of health care, rehabilitation, and 
education services to veterans; (2) the conduct of research to support 
  the provision of such services in accordance with the most current 
 evidence on multi-trauma injuries; and (3) the education and training 
    of health care personnel of the Department with respect to the 
  provision of such services. (b) DESIGNATION OF CENTERS.(1) The 
Secretary shall designate an appropriate number of cooperative centers 
for clinical care, consultation, research, and education activities on 
 combat injuries. (2) Each center designated under paragraph (1) shall 
function as a center for (A) research on the long-term effects of 
   injuries sustained as a result of combat in order to support the 
  provision of services for such injuries in accordance with the most 
   current evidence on complex multi-trauma; (B) the development of 
  rehabilitation methodologies for treating individuals with complex 
  multi-trauma; and (C) the continuous and consistent coordination of 
 care from the point of referral throughout the rehabilitation process 
   and ongoing follow-up after return to home and community. (3) The 
Secretary shall designate one of the centers designated under paragraph 
(1) as the lead center for activities referred to in that paragraph. As 
the lead center for such activities, such center shall (A) develop 
   and provide periodic review of research priorities, and implement 
protocols, to ensure that projects contribute to the activities of the 
centers designated under paragraph (1); (B) oversee the coordination of 
the professional and technical activities of such centers to ensure the 
quality and validity of the methodologies and statistical services for 
 research project leaders; (C) develop and ensure the deployment of an 
 efficient and cost-effective data management system for such centers; 
   (D) develop and distribute educational materials and products to 
enhance the evaluation and care of individuals with combat injuries by 
medical care providers of the Department who are not specialized in the 
 assessment and care of complex multi-trauma; (E) develop educational 
materials for individuals suffering from combat injuries and for their 
  families; and (F) serve as a resource for the clinical and research 
 infrastructure of such centers by disseminating clinical outcomes and 
research findings to improve clinical practice. (4) The Secretary shall 
 designate centers under paragraph (1) upon the recommendation of the 
 Under Secretary for Health. (5) The Secretary may designate a center 
   under paragraph (1) only if the center meets the requirements of 
subsection (c). (c) REQUIREMENTS FOR CENTERS.To be designated as a 
center under this section, a facility shall (1) be a regional lead 
  center for the care of traumatic brain injury; (2) be located at a 
 tertiary care medical center and have on-site availability of primary 
and subspecialty medical services relating to complex multi-trauma; (3) 
   have, or have the capacity to develop, the capability of managing 
 impairments associated with combat injuries; (4) be affiliated with a 
school of medicine; (5) have, or have experience with, participation in 
       clinical research trials; (6) provide amputation care and 
    rehabilitation; (7) have pain management programs; (8) provide 
      comprehensive brain injury rehabilitation; and (9) provide 
comprehensive general rehabilitation. (d) ADDITIONAL RESOURCES.The 
Secretary shall provide each center designated under this section such 
resources as the Secretary determines to be required by such center to 
achieve adequate capability of managing individuals with complex multi-
   trauma, including (1) the upgrading of blind rehabilitation 
services by employing or securing the services of blind rehabilitation 
  specialists; (2) employing or securing the services of occupational 
    therapists with blind rehabilitation training; (3) employing or 
 securing the services of additional mental health services providers; 
 and (4) employing or securing additional rehabilitation nursing staff 
to meet care needs. (e) COOPERATION WITH DEPARTMENT OF DEFENSE.(1) 
 The Secretary of Veterans Affairs may assist the Secretary of Defense 
in the care of members of the Armed Forces with complex multi-trauma at 
military treatment facilities by (A) making available, in a manner 
that the Secretary of Veterans Affairs considers appropriate, certified 
rehabilitation registered nurses of the Department of Veterans Affairs 
 to such facilities to assess and coordinate the care of such members; 
 and (B) making available, in a manner that the Secretary of Veterans 
Affairs considers appropriate, blind rehabilitation specialists of the 
 Department of Veterans Affairs to such facilities to consult with the 
 medical staff of such facilities on the special needs of such members 
   who have visual impairment as a consequence of combat injury. (2) 
 Assistance shall be provided under this subsection through agreements 
  for the sharing of health-care resources under section 8111 of this 
title. (f) AWARD OF FUNDING.Centers designated under this section 
may compete for the award of funding from amounts appropriated for the 
 Department for medical and prosthetics research. (g) DISSEMINATION OF 
 INFORMATION.(1) The Under Secretary for Health shall ensure that 
information produced by the centers designated under this section that 
       may be useful for other activities of the Veterans Health 
   Administration is disseminated throughout the Administration. (2) 
    Information shall be disseminated under this subsection through 
   publications, through programs of continuing medical and related 
  education provided through regional medical education centers under 
subchapter VI of chapter 74 of this title, and through other means. (h) 
NATIONAL OVERSIGHT.The Under Secretary for Health shall designate 
    an appropriate officer to oversee the operation of the centers 
 designated under this section and provide for periodic evaluation of 
  the centers. (i) AUTHORIZATION OF APPROPRIATIONS.(1) There are 
authorized to be appropriated to the Department of Veterans Affairs for 
   the centers designated under this section amounts as follows: (A) 
  $7,000,000 for fiscal year 2005. (B) $8,000,000 for each of fiscal 
 years 2006 through 2008. (2) In addition to amounts authorized to be 
 appropriated by paragraph (1) for a fiscal year, the Under Secretary 
 for Health may allocate to each center designated under this section, 
from other funds authorized to be appropriated for such fiscal year for 
  the Department generally for medical and for medical and prosthetic 
  research, such amounts as the Under Secretary for Health determines 
 appropriate to carry out the purposes of this section. (Added Pub. L. 
 108422, title III, Sec. 302(a)(1), Nov. 30, 2004, 118 Stat. 
   2383.) ' 7328. Medical preparedness centers (a) ESTABLISHMENT OF 
 CENTERS.(1) The Secretary shall establish four medical emergency 
preparedness centers in accordance with this section. Each such center 
   shall be established at a Department medical center and shall be 
  staffed by Department employees. (2) The Under Secretary for Health 
   shall be responsible for supervising the operation of the centers 
 established under this section. The Under Secretary shall provide for 
    ongoing evaluation of the centers and their compliance with the 
 requirements of this section. (3) The Under Secretary shall carry out 
    the Under Secretarys functions under paragraph (2) in 
  consultation with the Assistant Secretary of Veterans Affairs with 
    responsibility for operations, preparedness, security, and law 
  enforcement functions. (b) MISSION.The mission of the centers 
   shall be as follows: (1) To carry out research on, and to develop 
methods of detection, diagnosis, prevention, and treatment of injuries, 
 diseases, and illnesses arising from the use of chemical, biological, 
 radiological, incendiary or other explosive weapons or devices posing 
  threats to the public health and safety. (2) To provide education, 
  training, and advice to health care professionals, including health 
care professionals outside the Veterans Health Administration, through 
 the National Disaster Medical System established pursuant to section 
  2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)) or 
 through interagency agreements entered into by the Secretary for that 
  purpose. (3) In the event of a disaster or emergency referred to in 
      section 1785(b) of this title, to provide such laboratory, 
    epidemiological, medical, or other assistance as the Secretary 
considers appropriate to Federal, State, and local health care agencies 
 and personnel involved in or responding to the disaster or emergency. 
(c) SELECTION OF CENTERS.(1) The Secretary shall select the sites 
 for the centers on the basis of a competitive selection process. The 
  Secretary may not designate a site as a location for a center under 
 this section unless the Secretary makes a finding under paragraph (2) 
 with respect to the proposal for the designation of such site. To the 
 maximum extent practicable, the Secretary shall ensure the geographic 
 dispersal of the sites throughout the United States. Any such center 
 may be a consortium of efforts of more than one medical center. (2) A 
finding by the Secretary referred to in paragraph (1) with respect to a 
proposal for designation of a site as a location of a center under this 
section is a finding by the Secretary, upon the recommendations of the 
      Under Secretary for Health and the Assistant Secretary with 
    responsibility for operations, preparedness, security, and law 
 enforcement functions, that the facility or facilities submitting the 
 proposal have developed (or may reasonably be anticipated to develop) 
  each of the following: (A) An arrangement with a qualifying medical 
  school and a qualifying school of public health (or a consortium of 
 such schools) under which physicians and other persons in the health 
    field receive education and training through the participating 
   Department medical facilities so as to provide those persons with 
  training in the detection, diagnosis, prevention, and treatment of 
injuries, diseases, and illnesses induced by exposures to chemical and 
  biological substances, radiation, and incendiary or other explosive 
     weapons or devices. (B) An arrangement with a graduate school 
specializing in epidemiology under which students receive education and 
     training in epidemiology through the participating Department 
    facilities so as to provide such students with training in the 
  epidemiology of contagious and infectious diseases and chemical and 
radiation poisoning in an exposed population. (C) An arrangement under 
which nursing, social work, counseling, or allied health personnel and 
 students receive training and education in recognizing and caring for 
      conditions associated with exposures to toxins through the 
    participating Department facilities. (D) The ability to attract 
 scientists who have made significant contributions to the development 
 of innovative approaches to the detection, diagnosis, prevention, or 
treatment of injuries, diseases, and illnesses arising from the use of 
   chemical, biological, radiological, incendiary or other explosive 
weapons or devices posing threats to the public health and safety. (3) 
 For purposes of paragraph (2)(A) (A) a qualifying medical school 
is an accredited medical school that provides education and training in 
toxicology and environmental health hazards and with which one or more 
of the participating Department medical centers is affiliated; and (B) 
a qualifying school of public health is an accredited school of public 
     health that provides education and training in toxicology and 
    environmental health hazards and with which one or more of the 
 participating Department medical centers is affiliated. (d) RESEARCH 
ACTIVITIES.Each center shall conduct research on improved medical 
  preparedness to protect the Nation from threats in the area of that 
 centers expertise. Each center may seek research funds from 
   public and private sources for such purpose. (e) DISSEMINATION OF 
   RESEARCH PRODUCTS.(1) The Under Secretary for Health and the 
 Assistant Secretary with responsibility for operations, preparedness, 
 security, and law enforcement functions shall ensure that information 
    produced by the research, education and training, and clinical 
activities of centers established under this section is made available, 
    as appropriate, to health-care providers in the United States. 
 Dissemination of such information shall be made through publications, 
 through programs of continuing medical and related education provided 
   through regional medical education centers under subchapter VI of 
  chapter 74 of this title, and through other means. Such programs of 
  continuing medical education shall receive priority in the award of 
funding. (2) The Secretary shall ensure that the work of the centers is 
  conducted in close coordination with other Federal departments and 
agencies and that research products or other information of the centers 
  shall be coordinated and shared with other Federal departments and 
agencies. (f) COORDINATION OF ACTIVITIES.The Secretary shall take 
 appropriate actions to ensure that the work of each center is carried 
out (1) in close coordination with the Department of Defense, the 
    Department of Health and Human Services, and other departments, 
 agencies, and elements of the Government charged with coordination of 
 plans for United States homeland security; and (2) after taking into 
 consideration applicable recommendations of the working group on the 
prevention, preparedness, and response to bioterrorism and other public 
  health emergencies established under section 319F(a) of the Public 
Health Service Act (42 U.S.C. 247d-6(a)) or any other joint interagency 
    advisory group or committee designated by the President or the 
Presidents designee to coordinate Federal research on weapons 
    of mass destruction. (g) ASSISTANCE TO OTHER AGENCIES.The 
  Secretary may provide assistance requested by appropriate Federal, 
  State, and local civil and criminal authorities in investigations, 
inquiries, and data analyses as necessary to protect the public safety 
 and prevent or obviate biological, chemical, or radiological threats. 
 (h) DETAIL OF EMPLOYEES FROM OTHER AGENCIES.Upon approval by the 
     Secretary, the Director of a center may request the temporary 
  assignment or detail to the center, on a nonreimbursable basis, of 
employees from other departments and agencies of the United States who 
 have expertise that would further the mission of the center. Any such 
  employee may be so assigned or detailed on a nonreimbursable basis 
 pursuant to such a request. (i) FUNDING.(1) There are authorized 
 to be appropriated for the centers under this section $10,000,000 for 
each of fiscal years 2005 through 2007. (2) In addition to any amounts 
 appropriated for a fiscal year specifically for the activities of the 
centers pursuant to paragraph (1), the Under Secretary for Health shall 
 allocate to the centers from other funds appropriated for that fiscal 
  year generally for the Department medical services account and the 
Department medical and prosthetic research account such amounts as the 
Under Secretary determines necessary in order to carry out the purposes 
   of this section. (Added Pub. L. 108422, title III, Sec. 
       302(c)(1), Nov. 30, 2004, 118 Stat. 2386; amended Pub. L. 
  110387, title IX, Sec. 901(a)(8), Oct. 10, 2008, 122 Stat. 
  4142.) ' 7329. Parkinsons Disease research, education, and 
 clinical centers (a) ESTABLISHMENT OF CENTERS.(1) The Secretary, 
   upon the recommendation of the Under Secretary for Health, shall 
 designate not less than six Department health-care facilities as the 
    locations for centers of Parkinsons Disease research, 
education, and clinical activities. (2) Subject to the availability of 
  appropriations for such purpose, the Secretary shall establish and 
operate centers of Parkinsons Disease research, education, and 
  clinical activities centers at the locations designated pursuant to 
 paragraph (1). (b) CRITERIA FOR DESIGNATION OF FACILITIES.(1) In 
    designating Department health-care facilities for centers under 
  subsection (a), the Secretary, upon the recommendation of the Under 
Secretary for Health, shall assure appropriate geographic distribution 
   of such facilities. (2) Except as provided in paragraph (3), the 
       Secretary shall designate as the location for a center of 
     Parkinsons Disease research, education, and clinical 
 activities pursuant to subsection (a)(1) each Department health-care 
         facility that as of January 1, 2005, was operating a 
 Parkinsons Disease research, education, and clinical center. 
  (3) The Secretary may not under subsection (a) designate a facility 
   described in paragraph (2) if (on the recommendation of the Under 
Secretary for Health) the Secretary determines that such facility 
 (A) does not meet the requirements of subsection (c); or (B) has not 
  demonstrated (i) effectiveness in carrying out the established 
   purposes of such center; or (ii) the potential to carry out such 
    purposes effectively in the reasonably foreseeable future. (c) 
REQUIREMENTS FOR DESIGNATION.(1) The Secretary may not designate a 
   Department health-care facility as a location for a center under 
     subsection (a) unless the peer review panel established under 
 subsection (d) has determined under that subsection that the proposal 
    submitted by such facility as a location for a new center under 
     subsection (a) is among those proposals that meet the highest 
    competitive standards of scientific and clinical merit. (2) The 
  Secretary may not designate a Department health-care facility as a 
 location for a center under subsection (a) unless the Secretary (upon 
 the recommendation of the Under Secretary for Health) determines that 
the facility has (or may reasonably be anticipated to develop) each of 
  the following: (A) An arrangement with an accredited medical school 
 that provides education and training in neurology and with which the 
  Department health-care facility is affiliated under which residents 
receive education and training in innovative diagnosis and treatment of 
 chronic neurodegenerative diseases and movement disorders, including 
      Parkinsons Disease. (B) The ability to attract the 
participation of scientists who are capable of ingenuity and creativity 
in health-care research efforts. (C) An advisory committee composed of 
 veterans and appropriate health-care and research representatives of 
  the Department health-care facility and of the affiliated school or 
  schools to advise the directors of such facility and such center on 
 policy matters pertaining to the activities of the center during the 
 period of the operation of such center. (D) The capability to conduct 
   effectively evaluations of the activities of such center. (E) The 
  capability to coordinate (as part of an integrated national system) 
education, clinical, and research activities within all facilities with 
  such centers. (F) The capability to jointly develop a consortium of 
    providers with interest in treating neurodegenerative diseases, 
including Parkinsons Disease and other movement disorders, at 
facilities without centers established under subsection (a) in order to 
ensure better access to state-of-the-art diagnosis, care, and education 
 for neurodegenerative disorders throughout the health-care system of 
the Department. (G) The capability to develop a national repository in 
the health-care system of the Department for the collection of data on 
        health services delivered to veterans seeking care for 
neurodegenerative diseases, including Parkinsons Disease, and 
  other movement disorders. (d) PEER REVIEW PANEL.(1) The Under 
 Secretary for Health shall establish a panel to assess the scientific 
and clinical merit of proposals that are submitted to the Secretary for 
the establishment of centers under this section. (2)(A) The membership 
 of the panel shall consist of experts in neurodegenerative diseases, 
including Parkinsons Disease and other movement disorders. (B) 
  Members of the panel shall serve for a period of no longer than two 
  years, except as specified in subparagraph (C). (C) Of the members 
first appointed to the panel, one half shall be appointed for a period 
  of three years and one half shall be appointed for a period of two 
years, as designated by the Under Secretary at the time of appointment. 
(3) The panel shall review each proposal submitted to the panel by the 
 Under Secretary and shall submit its views on the relative scientific 
 and clinical merit of each such proposal to the Under Secretary. (4) 
 The panel shall not be subject to the Federal Advisory Committee Act. 
 (e) PRIORITY OF FUNDING.Before providing funds for the operation 
of a center designated under subsection (a) at a Department health-care 
  facility other than at a facility designated pursuant to subsection 
   (b)(2), the Secretary shall ensure that each Parkinsons 
 Disease center at a facility designated pursuant to subsection (b)(2) 
    is receiving adequate funding to enable that center to function 
   effectively in the areas of Parkinsons Disease research, 
       education, and clinical activities. (f) AUTHORIZATION OF 
 APPROPRIATIONS.There are authorized to be appropriated such sums 
   as may be necessary for the support of the research and education 
 activities of the centers established pursuant to subsection (a). The 
 Under Secretary for Health shall allocate to such centers from other 
   funds appropriated generally for the Department medical services 
 account and medical and prosthetics research account, as appropriate, 
such amounts as the Under Secretary for Health determines appropriate. 
   (g) AWARD COMPETITIONS.Activities of clinical and scientific 
investigation at each center established under subsection (a) shall be 
 eligible to compete for the award of funding from funds appropriated 
   for the Department medical and prosthetics research account. Such 
  activities shall receive priority in the award of funding from such 
   account insofar as funds are awarded to projects for research in 
 Parkinsons Disease and other movement disorders. (Added Pub. 
L. 109461, title II, Sec. 209(a)(1), Dec. 22, 2006, 120 Stat. 
      3414.) ' 7330. Multiple sclerosis centers of excellence (a) 
       ESTABLISHMENT OF CENTERS.(1) The Secretary, upon the 
 recommendation of the Under Secretary for Health, shall designate not 
 less than two Department health-care facilities as the locations for 
     multiple sclerosis centers of excellence. (2) Subject to the 
 availability of appropriations for such purpose, the Secretary shall 
 establish and operate multiple sclerosis centers of excellence at the 
   locations designated pursuant to paragraph (1). (b) CRITERIA FOR 
  DESIGNATION OF FACILITIES.(1) In designating Department health-
 care facilities for centers under subsection (a), the Secretary, upon 
  the recommendation of the Under Secretary for Health, shall assure 
 appropriate geographic distribution of such facilities. (2) Except as 
    provided in paragraph (3), the Secretary shall designate as the 
  location for a center pursuant to subsection (a)(1) each Department 
   health-care facility that as of January 1, 2005, was operating a 
  multiple sclerosis center of excellence. (3) The Secretary may not 
under subsection (a) designate a facility described in paragraph (2) if 
(on the recommendation of the Under Secretary for Health) the Secretary 
 determines that such facility (A) does not meet the requirements 
 of subsection (c); or (B) has not demonstrated (i) effectiveness 
 in carrying out the established purposes of such center; or (ii) the 
  potential to carry out such purposes effectively in the reasonably 
   foreseeable future. (c) REQUIREMENTS FOR DESIGNATION.(1) The 
  Secretary may not designate a Department health-care facility as a 
location for a center under subsection (a) unless the peer review panel 
 established under subsection (d) has determined under that subsection 
 that the proposal submitted by such facility as a location for a new 
  center under subsection (a) is among those proposals that meet the 
highest competitive standards of scientific and clinical merit. (2) The 
  Secretary may not designate a Department health-care facility as a 
 location for a center under subsection (a) unless the Secretary (upon 
 the recommendation of the Under Secretary for Health) determines that 
the facility has (or may reasonably be anticipated to develop) each of 
  the following: (A) An arrangement with an accredited medical school 
 that provides education and training in neurology and with which the 
  Department health-care facility is affiliated under which residents 
receive education and training in innovative diagnosis and treatment of 
  autoimmune diseases affecting the central nervous system, including 
  multiple sclerosis. (B) The ability to attract the participation of 
 scientists who are capable of ingenuity and creativity in health-care 
 research efforts. (C) An advisory committee composed of veterans and 
appropriate health-care and research representatives of the Department 
health-care facility and of the affiliated school or schools to advise 
   the directors of such facility and such center on policy matters 
  pertaining to the activities of the center during the period of the 
  operation of such center. (D) The capability to conduct effectively 
  evaluations of the activities of such center. (E) The capability to 
   coordinate (as part of an integrated national system) education, 
   clinical, and research activities within all facilities with such 
    centers. (F) The capability to jointly develop a consortium of 
 providers with interest in treating multiple sclerosis at facilities 
 without such centers in order to ensure better access to state-of-the-
art diagnosis, care, and education for autoimmune disease affecting the 
    central nervous system throughout the health-care system of the 
Department. (G) The capability to develop a national repository in the 
  health-care system of the Department for the collection of data on 
   health services delivered to veterans seeking care for autoimmune 
     disease affecting the central nervous system. (d) PEER REVIEW 
 PANEL.(1) The Under Secretary for Health shall establish a panel 
   to assess the scientific and clinical merit of proposals that are 
submitted to the Secretary for the establishment of centers under this 
section. (2)(A) The membership of the panel shall consist of experts in 
autoimmune disease affecting the central nervous system. (B) Members of 
the panel shall serve for a period of no longer than two years, except 
as specified in subparagraph (C). (C) Of the members first appointed to 
the panel, one half shall be appointed for a period of three years and 
one half shall be appointed for a period of two years, as designated by 
  the Under Secretary at the time of appointment. (3) The panel shall 
review each proposal submitted to the panel by the Under Secretary and 
shall submit its views on the relative scientific and clinical merit of 
 each such proposal to the Under Secretary. (4) The panel shall not be 
    subject to the Federal Advisory Committee Act. (e) PRIORITY OF 
   FUNDING.Before providing funds for the operation of a center 
 designated under subsection (a) at a Department health-care facility 
other than at a facility designated pursuant to subsection (b)(2), the 
    Secretary shall ensure that each multiple sclerosis center at a 
facility designated pursuant to subsection (b)(2) is receiving adequate 
 funding to enable that center to function effectively in the areas of 
 multiple sclerosis research, education, and clinical activities. (f) 
    AUTHORIZATION OF APPROPRIATIONS.There are authorized to be 
   appropriated such sums as may be necessary for the support of the 
 research and education activities of the centers established pursuant 
  to subsection (a). The Under Secretary for Health shall allocate to 
such centers from other funds appropriated generally for the Department 
medical services account and medical and prosthetics research account, 
    as appropriate, such amounts as the Under Secretary for Health 
   determines appropriate. (g) AWARD COMPETITIONS.Activities of 
clinical and scientific investigation at each center established under 
 subsection (a) shall be eligible to compete for the award of funding 
  from funds appropriated for the Department medical and prosthetics 
 research account. Such activities shall receive priority in the award 
 of funding from such account insofar as funds are awarded to projects 
    for research in multiple sclerosis and other neurodegenerative 
 disorders. (Added Pub. L. 109461, title II, Sec. 209(a)(1), 
Dec. 22, 2006, 120 Stat. 3416.) ' 7330A. Epilepsy centers of excellence 
(a) ESTABLISHMENT OF CENTERS.(1) Not later than 120 days after the 
date of the enactment of the Veterans Mental Health and Other 
 Care Improvements Act of 2008, the Secretary shall designate at least 
    four but not more than six Department health care facilities as 
locations for epilepsy centers of excellence for the Department. (2) Of 
the facilities designated under paragraph (1), not less than two shall 
  be centers designated under section 7327 of this title. (3) Of the 
 facilities designated under paragraph (1), not less than two shall be 
 facilities that are not centers designated under section 7327 of this 
   title. (4) Subject to the availability of appropriations for such 
 purpose, the Secretary shall establish and operate an epilepsy center 
  of excellence at each location designated under paragraph (1). (b) 
    DESIGNATION OF FACILITIES.(1) In designating locations for 
  epilepsy centers of excellence under subsection (a), the Secretary 
shall solicit proposals from Department health care facilities seeking 
designation as a location for an epilepsy center of excellence. (2) The 
 Secretary may not designate a facility as a location for an epilepsy 
center of excellence under subsection (a) unless the peer review panel 
 established under subsection (c) has determined under that subsection 
 that the proposal submitted by such facility seeking designation as a 
location for an epilepsy center of excellence is among those proposals 
that meet the highest competitive standards of scientific and clinical 
     merit. (3) In choosing from among the facilities meeting the 
   requirements of paragraph (2), the Secretary shall also consider 
   appropriate geographic distribution when designating the epilepsy 
      centers of excellence under subsection (a). (c) PEER REVIEW 
 PANEL.(1) The Under Secretary for Health shall establish a peer 
 review panel to assess the scientific and clinical merit of proposals 
  that are submitted to the Secretary for the designation of epilepsy 
centers of excellence under this section. (2)(A) The membership of the 
peer review panel shall consist of experts on epilepsy, including post-
 traumatic epilepsy. (B) Members of the peer review panel shall serve 
   for a period of no longer than two years, except as specified in 
subparagraph (C). (C) Of the members first appointed to the panel, one 
half shall be appointed for a period of three years and one half shall 
  be appointed for a period of two years, as designated by the Under 
 Secretary at the time of appointment. (3) The peer review panel shall 
review each proposal submitted to the panel by the Under Secretary for 
   Health and shall submit its views on the relative scientific and 
 clinical merit of each such proposal to the Under Secretary. (4) The 
 peer review panel shall, in conjunction with the national coordinator 
 designated under subsection (e), conduct regular evaluations of each 
epilepsy center of excellence established and operated under subsection 
(a) to ensure compliance with the requirements of this section. (5) The 
    peer review panel shall not be subject to the Federal Advisory 
 Committee Act. (d) EPILEPSY CENTER OF EXCELLENCE DEFINED.In this 
           section, the term epilepsy center of 
excellence means a health care facility that has (or 
   in the foreseeable future can develop) the necessary capacity to 
function as a center of excellence in research, education, and clinical 
care activities in the diagnosis and treatment of epilepsy and has (or 
may reasonably be anticipated to develop) each of the following: (1) An 
 affiliation with an accredited medical school that provides education 
 and training in neurology, including an arrangement with such school 
  under which medical residents receive education and training in the 
 diagnosis and treatment of epilepsy (including neurosurgery). (2) The 
 ability to attract the participation of scientists who are capable of 
   ingenuity and creativity in health care research efforts. (3) An 
advisory committee composed of veterans and appropriate health care and 
 research representatives of the facility and of the affiliated school 
or schools to advise the directors of such facility and such center on 
 policy matters pertaining to the activities of the center during the 
 period of the operation of such center. (4) The capability to conduct 
   effectively evaluations of the activities of such center. (5) The 
 capability to assist in the expansion of the Departments use 
    of information systems and databases to improve the quality and 
delivery of care for veterans enrolled within the Departments 
 health care system. (6) The capability to assist in the expansion of 
 the Department telehealth program to develop, transmit, monitor, and 
   review neurological diagnostic tests. (7) The ability to perform 
     epilepsy research, education, and clinical care activities in 
collaboration with Department medical facilities that have centers for 
  research, education, and clinical care activities on complex multi-
 trauma associated with combat injuries established under section 7327 
of this title. (e) NATIONAL COORDINATOR FOR EPILEPSY PROGRAMS.(1) 
To assist the Secretary and the Under Secretary for Health in carrying 
 out this section, the Secretary shall designate an individual in the 
  Veterans Health Administration to act as a national coordinator for 
epilepsy programs of the Veterans Health Administration. (2) The duties 
  of the national coordinator for epilepsy programs shall include the 
 following: (A) To supervise the operation of the centers established 
 pursuant to this section. (B) To coordinate and support the national 
     consortium of providers with interest in treating epilepsy at 
  Department health care facilities lacking such centers in order to 
ensure better access to state-of-the-art diagnosis, research, clinical 
care, and education for traumatic brain injury and epilepsy throughout 
     the health care system of the Department. (C) To conduct, in 
  conjunction with the peer review panel established under subsection 
   (c), regular evaluations of the epilepsy centers of excellence to 
    ensure compliance with the requirements of this section. (D) To 
   coordinate (as part of an integrated national system) education, 
 clinical care, and research activities within all facilities with an 
   epilepsy center of excellence. (E) To develop jointly a national 
     consortium of providers with interest in treating epilepsy at 
    Department health care facilities lacking an epilepsy center of 
    excellence in order to ensure better access to state-of-the-art 
 diagnosis, research, clinical care, and education for traumatic brain 
     injury and epilepsy throughout the health care system of the 
   Department. Such consortium should include a designated epilepsy 
  referral clinic in each Veterans Integrated Service Network. (3) In 
carrying out duties under this subsection, the national coordinator for 
 epilepsy programs shall report to the official of the Veterans Health 
    Administration responsible for neurology. (f) AUTHORIZATION OF 
    APPROPRIATIONS.(1) There are authorized to be appropriated 
 $6,000,000 for each of fiscal years 2009 through 2013 for the support 
    of the clinical care, research, and education activities of the 
  epilepsy centers of excellence established and operated pursuant to 
subsection (a)(2). (2) There are authorized to be appropriated for each 
 fiscal year after fiscal year 2013 such sums as may be necessary for 
the support of the clinical care, research, and education activities of 
the epilepsy centers of excellence established and operated pursuant to 
 subsection (a)(2). (3) The Secretary shall ensure that funds for such 
  centers are designated for the first three years of operation as a 
 special purpose program for which funds are not allocated through the 
   Veterans Equitable Resource Allocation system. (4) In addition to 
amounts authorized to be appropriated under paragraphs (1) and (2) for 
 a fiscal year, the Under Secretary for Health shall allocate to such 
  centers from other funds appropriated generally for the Department 
medical services account and medical and prosthetics research account, 
    as appropriate, such amounts as the Under Secretary for Health 
  determines appropriate. (5) In addition to amounts authorized to be 
appropriated under paragraphs (1) and (2) for a fiscal year, there are 
authorized to be appropriated such sums as may be necessary to fund the 
  national coordinator established by subsection (e). (Added Pub. L. 
110387, title IV, Sec. 404(a), Oct. 10, 2008, 122 Stat. 4124.) 
   SUBCHAPTER IIIPROTECTION OF PATIENT RIGHTS ' 7331. Informed 
 consent The Secretary, upon the recommendation of the Under Secretary 
   for Health and pursuant to the provisions of section 7334 of this 
 title, shall prescribe regulations establishing procedures to ensure 
   that all medical and prosthetic research carried out and, to the 
maximum extent practicable, all patient care furnished under this title 
  shall be carried out only with the full and informed consent of the 
patient or subject or, in appropriate cases, a representative thereof. 
(Added Pub. L. 94581, title I, Sec. 111(a)(1), Oct. 21, 1976, 
  90 Stat. 2849, Sec. 4131; renumbered Sec. 7331 and amended Pub. L. 
10240, title IV, Sec. 401(a)(4)(A), 402(d)(1), 403(a)(1), May 
 7, 1991, 105 Stat. 221, 239; Pub. L. 102405, title III, Sec. 
 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) ' 7332. Confidentiality of 
  certain medical records (a)(1) Records of the identity, diagnosis, 
prognosis, or treatment of any patient or subject which are maintained 
     in connection with the performance of any program or activity 
(including education, training, treatment, rehabilitation, or research) 
relating to drug abuse, alcoholism or alcohol abuse, infection with the 
 human immunodeficiency virus, or sickle cell anemia which is carried 
out by or for the Department under this title shall, except as provided 
in subsections (e) and (f), be confidential, and (section 5701 of this 
 title to the contrary notwithstanding) such records may be disclosed 
only for the purposes and under the circumstances expressly authorized 
under subsection (b). (2) Paragraph (1) prohibits the disclosure to any 
  person or entity other than the patient or subject concerned of the 
   fact that a special written consent is required in order for such 
 records to be disclosed. (b)(1) The content of any record referred to 
in subsection (a) may be disclosed by the Secretary in accordance with 
  the prior written consent of the patient or subject with respect to 
  whom such record is maintained, but only to such extent, under such 
 circumstances, and for such purposes as may be allowed in regulations 
prescribed by the Secretary. (2) Whether or not any patient or subject, 
with respect to whom any given record referred to in subsection (a) is 
 maintained, gives written consent, the content of such record may be 
disclosed by the Secretary as follows: (A) To medical personnel to the 
    extent necessary to meet a bona fide medical emergency. (B) To 
qualified personnel for the purpose of conducting scientific research, 
 management audits, financial audits, or program evaluation, but such 
  personnel may not identify, directly or indirectly, any individual 
     patient or subject in any report of such research, audit, or 
evaluation, or otherwise disclose patient or subject identities in any 
    manner. (C)(i) In the case of any record which is maintained in 
connection with the performance of any program or activity relating to 
 infection with the human immunodeficiency virus, to a Federal, State, 
  or local public-health authority charged under Federal or State law 
with the protection of the public health, and to which Federal or State 
 law requires disclosure of such record, if a qualified representative 
   of such authority has made a written request that such record be 
 provided as required pursuant to such law for a purpose authorized by 
   such law. (ii) A person to whom a record is disclosed under this 
  paragraph may not redisclose or use such record for a purpose other 
 than that for which the disclosure was made. (D) If authorized by an 
 appropriate order of a court of competent jurisdiction granted after 
 application showing good cause therefor. In assessing good cause the 
   court shall weigh the public interest and the need for disclosure 
against the injury to the patient or subject, to the physician-patient 
relationship, and to the treatment services. Upon the granting of such 
order, the court, in determining the extent to which any disclosure of 
 all or any part of any record is necessary, shall impose appropriate 
safeguards against unauthorized disclosure. (E) To an entity described 
 in paragraph (1)(B) of section 5701(k) of this title, but only to the 
  extent authorized by such section. (F)(i) To a representative of a 
 patient who lacks decision-making capacity, when a practitioner deems 
 the content of the given record necessary for that representative to 
 make an informed decision regarding the patients treatment. 
                  (ii) In this subparagraph, the term 
   representative means an individual, 
organization, or other body authorized under section 7331 of this title 
and its implementing regulations to give informed consent on behalf of 
a patient who lacks decision-making capacity. (3) In the event that the 
  patient or subject who is the subject of any record referred to in 
   subsection (a) is deceased, the content of any such record may be 
 disclosed by the Secretary only upon the prior written request of the 
next of kin, executor, administrator, or other personal representative 
 of such patient or subject and only if the Secretary determines that 
 such disclosure is necessary for such survivor to obtain benefits to 
  which such survivor may be entitled, including the pursuit of legal 
action, but then only to the extent, under such circumstances, and for 
 such purposes as may be allowed in regulations prescribed pursuant to 
 section 7334 of this title. (c) Except as authorized by a court order 
granted under subsection (b)(2)(D), no record referred to in subsection 
   (a) may be used to initiate or substantiate any criminal charges 
against, or to conduct any investigation of, a patient or subject. (d) 
  The prohibitions of this section shall continue to apply to records 
 concerning any person who has been a patient or subject, irrespective 
    of whether or when such person ceases to be a patient. (e) The 
   prohibitions of this section shall not prevent any interchange of 
 records (1) within and among those components of the Department 
  furnishing health care to veterans, or determining eligibility for 
 benefits under this title; or (2) between such components furnishing 
 health care to veterans and the Armed Forces. (f)(1) Notwithstanding 
     subsection (a) but subject to paragraph (2), a physician or a 
 professional counselor may disclose information or records indicating 
 that a patient or subject is infected with the human immunodeficiency 
  virus if the disclosure is made to (A) the spouse of the patient or 
   subject, or (B) to an individual whom the patient or subject has, 
    during the process of professional counseling or of testing to 
 determine whether the patient or subject is infected with such virus, 
identified as being a sexual partner of such patient or subject. (2)(A) 
 A disclosure under paragraph (1) may be made only if the physician or 
counselor, after making reasonable efforts to counsel and encourage the 
 patient or subject to provide the information to the spouse or sexual 
   partner, reasonably believes that the patient or subject will not 
 provide the information to the spouse or sexual partner and that the 
 disclosure is necessary to protect the health of the spouse or sexual 
    partner. (B) A disclosure under such paragraph may be made by a 
 physician or counselor other than the physician or counselor referred 
to in subparagraph (A) if such physician or counselor is unavailable by 
reason of absence or termination of employment to make the disclosure. 
   (g) Any person who violates any provision of this section or any 
regulation issued pursuant to this section shall be fined, in the case 
  of a first offense, up to the maximum amount provided under section 
 5701(f) of this title for a first offense under that section and, in 
  the case of a subsequent offense, up to the maximum amount provided 
under section 5701(f) of this title for a subsequent offense under that 
 section. (Added Pub. L. 94581, title I, Sec. 111(a)(1), Oct. 
 21, 1976, 90 Stat. 2849, Sec. 4132; amended Pub. L. 100322, 
 title I, Sec. 121, May 20, 1988, 102 Stat. 502; renumbered Sec. 7332 
   and amended Pub. L. 10240, title IV, Sec. 401(a)(4)(A), 
 402(d)(1), 403(a)(1), (2), (4), (5), May 7, 1991, 105 Stat. 221, 239; 
  Pub. L. 109461, title II, Sec. 204(b), Dec. 22, 2006, 120 
 Stat. 3411; Pub. L. 111163, title V, Sec. 504, May 5, 2010, 
  124 Stat. 1157.) ' 7333. Nondiscrimination against alcohol and drug 
abusers and persons infected with the human immunodeficiency virus (a) 
Veterans eligible for treatment under chapter 17 of this title who are 
      alcohol or drug abusers or who are infected with the human 
immunodeficiency virus shall not be discriminated against in admission 
 or treatment by any Department health-care facility solely because of 
  their alcohol or drug abuse or dependency or because of their viral 
   infection. (b) The Secretary shall prescribe regulations for the 
  enforcement of this section. Such regulations, with respect to the 
   admission and treatment of such veterans who are alcohol or drug 
 abusers, shall be prescribed in accordance with section 7334 of this 
title. (Added Pub. L. 94581, title I, Sec. 111(a)(1), Oct. 21, 
1976, 90 Stat. 2850, Sec. 4133; amended Pub. L. 100322, title 
 I, Sec. 122(a), May 20, 1988, 102 Stat. 503; renumbered Sec. 7333 and 
amended Pub. L. 10240, title IV, Sec. 401(a)(4)(A), 402(d)(1), 
 403(a)(1), (2), May 7, 1991, 105 Stat. 221, 239.) ' 7334. Regulations 
(a) Regulations prescribed by the Secretary under section 7331 of this 
 title, section 7332 of this title with respect to the confidentiality 
  of alcohol and drug abuse medical records, and section 7333 of this 
  title with respect to alcohol or drug abusers shall, to the maximum 
 extent feasible consistent with other provisions of this title, make 
 applicable the regulations described in subsection (b) to the conduct 
 of research and to the provision of hospital care, nursing home care, 
   domiciliary care, and medical services under this title. (b) The 
  regulations referred to in subsection (a) are (1) regulations 
governing human experimentation and informed consent prescribed by the 
Secretary of Health and Human Services, based on the recommendations of 
    the National Commission for the Protection of Human Subjects of 
 Biomedical and Behavioral Research, established by section 201 of the 
 National Research Act (Public Law 93348; 88 Stat. 348); and 
 (2) regulations governing (A) the confidentiality of drug and alcohol 
   abuse medical records, and (B) the admission of drug and alcohol 
  abusers to private and public hospitals, prescribed pursuant to the 
 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and 
Rehabilitation Act of 1970 (42 U.S.C. 4551 et seq.) and the Drug Abuse 
    Office and Treatment Act of 1972 (21 U.S.C. 1101 et seq.). (c) 
Regulations prescribed by the Secretary under sections 7331, 7332, and 
 7333 of this title may contain such definitions, and may provide for 
 such safeguards and procedures (including procedures and criteria for 
 the issuance and scope of court orders under section 7332(b)(2)(C) of 
 this title), as are necessary to prevent circumvention or evasion of 
such regulations or to facilitate compliance with such regulations. (d) 
In prescribing and implementing such regulations, the Secretary shall, 
   from time to time, consult with the Secretary of Health and Human 
 Services and, as appropriate, with the President (or the delegate of 
the President) in order to achieve the maximum possible coordination of 
the regulations, and the implementation of the regulations, which they 
 and the Secretary prescribe. (Added Pub. L. 94581, title I, 
 Sec. 111(a)(1), Oct. 21, 1976, 90 Stat. 2851, Sec. 4134; amended Pub. 
 L. 97295, Sec. 4(87), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 
  100322,title I, Sec. 122(a), May 20, 1988, 102 Stat. 504; 
renumbered Sec. 7334 and amended Pub. L. 10240, title IV, Sec. 
 401(a)(4)(A), 402(d)(1), 403(a)(1), (4), May 7, 1991, 105 Stat. 221, 
  239.) SUBCHAPTER IVRESEARCH CORPORATIONS ' 7361. Authority to 
establish; status (a) The Secretary may authorize the establishment at 
 any Department medical center of a nonprofit corporation to provide a 
  flexible funding mechanism for the conduct of approved research and 
education at the medical center. Such a corporation may be established 
    to facilitate either research or education or both research and 
 education. (b)(1) Subject to paragraph (2), a corporation established 
     under this subchapter may facilitate the conduct of research, 
education, or both at more than one medical center. Such a corporation 
     shall be known as a multi-medical center research 
 corporation. (2) The board of directors of a multi-
medical center research corporation under this subsection shall include 
the official at each Department medical center concerned who is, or who 
  carries out the responsibilities of, the medical center director of 
such center as specified in section 7363(a)(1)(A)(i) of this title. (3) 
  In facilitating the conduct of research, education, or both at more 
   than one Department medical center under this subchapter, a multi-
    medical center research corporation may administer receipts and 
    expenditures relating to such research, education, or both, as 
applicable, performed at the Department medical centers concerned. (c) 
Any corporation established under this subchapter shall be established 
in accordance with the nonprofit corporation laws of the State in which 
 the applicable Department medical center is located and shall, to the 
extent not inconsistent with any Federal law, be subject to the laws of 
     such State. In the case of any multi-medical center research 
  corporation that facilitates the conduct of research, education, or 
  both at Department medical centers located in different States, the 
   corporation shall be established in accordance with the nonprofit 
 corporation laws of the State in which one of such Department medical 
    centers is located. (d)(1) Except as otherwise provided in this 
   subchapter or under regulations prescribed by the Secretary, any 
   corporation established under this subchapter, and its officers, 
 directors, and employees, shall be required to comply only with those 
  Federal laws, regulations, and executive orders and directives that 
 apply generally to private nonprofit corporations. (2) A corporation 
under this subchapter is not (A) owned or controlled by the United 
 States; or (B) an agency or instrumentality of the United States. (e) 
  If by the end of the four-year period beginning on the date of the 
establishment of a corporation under this subchapter the corporation is 
not recognized as an entity the income of which is exempt from taxation 
   under section 501(c)(3) of the Internal Revenue Code of 1986, the 
Secretary shall dissolve the corporation. (f) A corporation established 
   under this subchapter may act as a multi-medical center research 
  corporation under this subchapter in accordance with subsection (b) 
   if (1) the board of directors of the corporation approves a 
resolution permitting facilitation by the corporation of the conduct of 
research, education, or both at the other Department medical center or 
     medical centers concerned; and (2) the Secretary approves the 
   resolution of the corporation under paragraph (1). (Added Pub. L. 
 100322, title II, Sec. 204(a), May 20, 1988, 102 Stat. 510, 
  Sec. 4161; renumbered Sec. 7361 and amended Pub. L. 10240, 
  title IV, Sec. 401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105 Stat. 
 221, 239; Pub. L. 102291, Sec. 3(a), May 20, 1992, 106 Stat. 
179; Pub. L. 104262, title III, Sec. 343(b), Oct. 9, 1996, 110 
 Stat. 3207; Pub. L. 106117, title II, Sec. 204(a), Nov. 30, 
1999, 113 Stat. 1562; Pub. L. 111163, title VIII, Sec. 801(a), 
 (b)(1), (c), (d), May 5, 2010, 124 Stat. 1175, 1176.) ' 7362. Purpose 
  of corporations (a) A corporation established under this subchapter 
 shall be established to provide a flexible funding mechanism for the 
 conduct of approved research and education at one or more Department 
 medical centers and to facilitate functions related to the conduct of 
 research as described in section 7303(a) of this title and education 
and training as described in sections 7302, 7471, 8154, and 1701(6)(B) 
  of this title in conjunction with the applicable Department medical 
     center or centers. (b) For purposes of this section, the term 
education includes education and training 
 and means the following: (1) In the case of employees of the Veterans 
  Health Administration, such term means work-related instruction or 
 other learning experiences to (A) improve performance of current 
  duties; (B) assist employees in maintaining or gaining specialized 
proficiencies; and (C) expand understanding of advances and changes in 
 patient care, technology, and health care administration. (2) In the 
case of veterans under the care of the Veterans Health Administration, 
 such term means instruction or other learning experiences related to 
improving and maintaining the health of veterans and includes education 
   and training for patients and families and guardians of patients. 
 (Added Pub. L. 100322, title II, Sec. 204(a), May 20, 1988, 
  102 Stat. 510, Sec. 4162; renumbered Sec. 7362 and amended Pub. L. 
10240, title IV, Sec. 401(a)(4)(B), 403(a)(1)(3), May 
 7, 1991, 105 Stat. 221, 239; Pub. L. 106117, title II, Sec. 
 204(b), Nov. 30, 1999, 113 Stat. 1562; Pub. L. 111163, title 
 VIII, Secs. 802, 804(b), May 5, 2010, 124 Stat. 1176, 1179.) ' 7363. 
Board of directors; executive director (a) The Secretary shall provide 
    for the appointment of a board of directors for any corporation 
  established under this subchapter. The board shall include (1) 
with respect to the Department medical center (A)(i) the director 
   (or directors of each Department medical center, in the case of a 
 multi-medical center research corporation); (ii) the chief of staff; 
 and (iii) as appropriate for the activities of such corporation, the 
associate chief of staff for research and the associate chief of staff 
  for education; or (B) in the case of a Department medical center at 
 which one or more of the positions referred to in subparagraph (A) do 
 not exist, the official or officials who are responsible for carrying 
     out the responsibilities of such position or positions at the 
Department medical center; and (2) subject to subsection (c), not less 
   than two members who are not officers or employees of the Federal 
  Government and who have backgrounds, or business, legal, financial, 
 medical, or scientific expertise, of benefit to the operations of the 
corporation. (b) Each such corporation shall have an executive director 
 who shall be appointed by the board of directors with the concurrence 
  of the Under Secretary for Health of the Department. The executive 
 director of a corporation shall be responsible for the operations of 
        the corporation and shall have such specific duties and 
    responsibilities as the board may prescribe. (c) An individual 
   appointed under subsection (a)(2) to the board of directors of a 
  corporation established under this subchapter may not be affiliated 
with or employed by any entity that is a source of funding for research 
   or education by the Department unless that source of funding is a 
  governmental entity or an entity the income of which is exempt from 
   taxation under the Internal Revenue Code of 1986. (Added Pub. L. 
 100322, title II, Sec. 204(a), May 20, 1988, 102 Stat. 510, 
  Sec. 4163; renumbered Sec. 7363 and amended Pub. L. 10240, 
  title IV, Sec. 401(a)(4)(B), 403(a)(1), (2), (4), May 7, 1991, 105 
  Stat. 221, 239; Pub. L. 102405, title III, Sec. 302(c)(1), 
Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104262, title III, Sec. 
 343(b), Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106117, title 
        II, Sec. 204(c), Nov. 30, 1999, 113 Stat. 1562; Pub. L. 
111163, title VIII, Sec. 803, May 5, 2010, 124 Stat. 1177.) ' 
7364. General powers (a) IN GENERAL.(1) A corporation established 
 under this sub-chapter may, solely to carry out the purposes of this 
subchapter (A) accept, administer, retain, and spend funds derived 
 from gifts, contributions, grants, fees, reimbursements, and bequests 
   from individuals and public and private entities; (B) enter into 
   contracts and agreements with individuals and public and private 
  entities; (C) subject to paragraph (2), set fees for education and 
  training facilitated under section 7362 of this title, and receive, 
 retain, administer, and spend funds in furtherance of such education 
  and training; (D) reimburse amounts to the applicable appropriation 
  account of the Department for the Office of General Counsel for any 
  expenses of that Office in providing legal services attributable to 
   research and education agreements under this sub-chapter; and (E) 
 employ such employees as the corporation considers necessary for such 
 purposes and fix the compensation of such employees. (2) Fees charged 
 pursuant to paragraph (1)(C) for education and training described in 
  that paragraph to individuals who are officers or employees of the 
    Department may not be paid for by any funds appropriated to the 
  Department. (3) Amounts reimbursed to the Office of General Counsel 
under paragraph (1)(D) shall be available for use by the Office of the 
 General Counsel only for staff and training, and related travel, for 
 the provision of legal services described in that paragraph and shall 
   remain available for such use without fiscal year limitation. (b) 
  TRANSFER AND ADMINISTRATION OF FUNDS.(1) Except as provided in 
 paragraph (2), any funds received by the Secretary for the conduct of 
research or education at a Department medical center or centers, other 
 than funds appropriated to the Department, may be transferred to and 
  administered by a corporation established under this subchapter for 
   such purposes. (2) A Department medical center may reimburse the 
 corporation for all or a portion of the pay, benefits, or both of an 
 employee of the corporation who is assigned to the Department medical 
 center if the assignment is carried out pursuant to subchapter VI of 
 chapter 33 of title 5. (3) A Department medical center may retain and 
   use funds provided to it by a corporation established under this 
      subchapter. Such funds shall be credited to the applicable 
appropriation account of the Department and shall be available, without 
fiscal year limitation, for the purposes of that account. (c) RESEARCH 
  PROJECTS.Except for reasonable and usual preliminary costs for 
 project planning before its approval, a corporation established under 
 this subchapter may not spend funds for a research project unless the 
  project is approved in accordance with procedures prescribed by the 
  Under Secretary for Health for research carried out with Department 
 funds. Such procedures shall include a scientific review process. (d) 
 EDUCATION ACTIVITIES.Except for reasonable and usual preliminary 
    costs for activity planning before its approval, a corporation 
established under this subchapter may not spend funds for an education 
activity unless the activity is approved in accordance with procedures 
    prescribed by the Under Secretary for Health. (e) POLICIES AND 
 PROCEDURES.The Under Secretary for Health may prescribe policies 
     and procedures to guide the spending of funds by corporations 
established under this subchapter that are consistent with the purpose 
 of such corporations as flexible funding mechanisms and with Federal 
 and State laws and regulations, and executive orders, circulars, and 
directives that apply generally to the receipt and expenditure of funds 
by nonprofit organizations exempt from taxation under section 501(c)(3) 
 of the Internal Revenue Code of 1986. (Added Pub. L. 100322, 
    title II, Sec. 204(a), May 20, 1988, 102 Stat. 511, Sec. 4164; 
renumbered Sec. 7364 and amended Pub. L. 10240, title IV, Sec. 
   401(a)(4)(B), 403(a)(2), May 7, 1991, 105 Stat. 221, 239; Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984; Pub. L. 106117, title II, Sec. 204(d), Nov. 30, 1999, 
 113 Stat. 1562; Pub. L. 111163, title VIII, Sec. 804(a), May 
 5, 2010, 124 Stat. 1177.) x' 7364A. Renumbered 7365 ' 7365. 
  Coverage of employees under certain Federal tort claims laws (a) An 
  employee of a corporation established under this sub-chapter who is 
  described by subsection (b) shall be considered an employee of the 
     Government, or a medical care employee of the Veterans Health 
 Administration, for purposes of the following provisions of law: (1) 
 Section 1346(b) of title 28. (2) Chapter 171 of title 28. (3) Section 
7316 of this title. (b) An employee described in this subsection is an 
 employee who (1) has an appointment with the Department, whether 
with or without compensation; (2) is directly or indirectly involved or 
   engaged in research or education and training that is approved in 
   accordance with procedures established by the Under Secretary for 
 Health for research or education and training; and (3) performs such 
 duties under the supervision of Department personnel. (Added Pub. L. 
  108170, title IV, Sec. 402(a)(1), Dec. 6, 2003, 117 Stat. 
2061, Sec. 7364A; renumbered Sec. 7365, Pub. L. 111163, title 
VII, Sec. 805(a), May 5, 2010, 124 Stat. 1179.) ' 7366. Accountability 
and oversight (a)(1)(A) The records of a corporation established under 
   this subchapter shall be available to the Secretary. (B) For the 
 purposes of sections 4(a)(1) and 6(a)(1) of the Inspector General Act 
  of 1978, the programs and operations of such a corporation shall be 
considered to be programs and operations of the Department with respect 
 to which the Inspector General of the Department has responsibilities 
 under such Act. (2) Such a corporation shall be considered an agency 
 for the purposes of section 716 of title 31 (relating to availability 
 of information and inspection of records by the Comptroller General). 
   (b)(1) Each corporation shall submit to the Secretary each year a 
 report providing a detailed statement of the operations, activities, 
   and accomplishments of the corporation during that year. (2)(A) A 
  corporation with revenues in excess of $500,000 for any year shall 
  obtain an audit of the corporation for that year. (B) A corporation 
  with annual revenues between $100,000 and $500,000 shall obtain an 
audit of the corporation at least once every three years. (C) Any audit 
under this paragraph shall be performed by an independent auditor. (3) 
  The corporation shall include in each report to the Secretary under 
     paragraph (1) the following: (A) The most recent audit of the 
 corporation under paragraph (2). (B) The most recent Internal Revenue 
Service Form 990 Return of Organization Exempt from Income 
Tax or equivalent and the applicable schedules under 
 such form. (c) Each director, officer, and employee of a corporation 
  established under this subchapter shall be subject to a conflict of 
 interest policy adopted by that corporation. (d) The Secretary shall 
submit to the Committees on Veterans Affairs of the Senate and 
     House of Representatives an annual report on the corporations 
   established under this subchapter. The report shall set forth the 
 following information: (1) The location of each corporation. (2) The 
     amount received by each corporation during the previous year, 
 including (A) the total amount received; (B) the amount received 
 from governmental entities for research and the amount received from 
 governmental entities for education; (C) the amount received from all 
   other sources for research and the amount received from all other 
  sources for education; and (D) if an amount received from a source 
  referred to in subparagraph (C) exceeded $25,000, information that 
  identifies the source. (3) The amount expended by each corporation 
during the year, including (A) the amount expended for salary for 
research staff, the amount expended for salary for education staff, and 
   the amount expended for salary for support staff; (B) the amount 
  expended for direct support of research and the amount expended for 
   direct support of education; and (C) if the amount expended with 
respect to any payee exceeded $50,000, information that identifies the 
payee. (4) The amount expended by each corporation during the year for 
 travel conducted in conjunction with research and the amount expended 
       for travel in conjunction with education. (Added Pub. L. 
 100322, title II, Sec. 204(a), May 20, 1988, 102 Stat. 511, 
  Sec. 4166; renumbered Sec. 7366 and amended Pub. L. 10240, 
  title IV, Sec. 401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105 Stat. 
221, 239; Pub. L. 104262, title III, Sec. 343(c)(e), 
 Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106117, title II, Sec. 
 204(e), Nov. 30, 1999, 113 Stat. 1563; Pub. L. 107103, title 
V, Sec. 509(f), Dec. 27, 2001, 115 Stat. 997; Pub. L. 108170, 
     title IV, Sec. 402(b), Dec. 6, 2003, 117 Stat. 2062; Pub. L. 
111163, title VIII, Sec. 806, May 5, 2010, 124 Stat. 1179.) x' 
7367. Repealed. Pub. L. 10714, Sec. 8(a)(14)(A), June 5, 2001, 
115 Stat. 35 x' 7368. Repealed. Pub. L. 110387, title 
VIII, Sec. 806(a), Oct. 10, 2008, 122 Stat. 4141 CHAPTER 74 OF 
 TITLE 38, UNITED STATES CODE [As Amended Through P.L. 1127, 
        Enacted March 31, 2011] xTITLE 38VETERANS 
      BENEFITS xPART VBOARDS, ADMINISTRATIONS, AND 
    SERVICES CHAPTER 74VETERANS HEALTH ADMINISTRATION-
  PERSONNEL SUBCHAPTER IAPPOINTMENTS Sec. 7401. Appointments in 
  Veterans Health Administration. 7402. Qualifications of appointees. 
7403. Period of appointments; promotions. 7404. Grades and pay scales. 
  7405. Temporary full-time appointments, part-time appointments, and 
 without-compensation appointments. 7406. Residencies and internships. 
7407. Administrative provisions for section 7405 and 7406 appointments. 
 7408. Appointment of additional employees. 7409. Contracts for scarce 
 medical specialist services. 7410. Additional pay authorities. 7411. 
  Full-time board-certified physicians and dentists: reimbursement of 
        continuing professional education expenses. SUBCHAPTER 
    IICOLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION 7421. 
  Personnel administration: in general. 7422. Collective bargaining. 
   7423. Personnel administration: full-time employees. 7424. Travel 
 expenses of certain employees. 7425. Employees: laws not applicable. 
  7426. Retirement rights. SUBCHAPTER IIIPAY FOR PHYSICIANS AND 
  DENTISTS 7431. Pay. 7432. Pay of Under Secretary for Health. 7433. 
  Administrative matters. SUBCHAPTER IVPAY FOR NURSES AND OTHER 
  HEALTH-CARE PERSONNEL 7451. Nurses and other health-care personnel: 
    competitive pay. 7452. Nurses and other health-care personnel: 
 administration of pay. 7453. Nurses: additional pay. 7454. Physician 
 assistants and other health care professionals: additional pay. 7455. 
   Increases in rates of basic pay. 7456. Nurses: special rules for 
 weekend duty. 7456A. Nurses: alternate work schedules. 7457. On-call 
 pay. 7458. Recruitment and retention bonus pay. 7459. Nursing staff: 
  special rules for overtime duty. SUBCHAPTER VDISCIPLINARY AND 
GRIEVANCE PROCEDURES 7461. Adverse actions: section 7401(1) employees. 
     7462. Major adverse actions involving professional conduct or 
  competence. 7463. Other adverse actions. 7464. Disciplinary Appeals 
Boards. 937 SUBCHAPTER VIREGIONAL MEDICAL EDUCATION CENTERS 7471. 
 7472. 7473. 7474. Designation of Regional Medical Education Centers. 
 Supervision and staffing of Centers. Personnel eligible for training. 
  Consultation. SUBCHAPTER IAPPOINTMENTS ' 7401. Appointments in 
Veterans Health Administration There may be appointed by the Secretary 
such personnel as the Secretary may find necessary for the health care 
of veterans (in addition to those in the Office of the Under Secretary 
for Health appointed under section 7306 of this title), as follows: (1) 
    Physicians, dentists, podiatrists, chiropractors, optometrists, 
 registered nurses, physician assistants, and expanded-function dental 
    auxiliaries. (2) Scientific and professional personnel, such as 
  microbiologists, chemists, and biostatisticians. (3) Audiologists, 
 speech pathologists, and audiologist-speech pathologists, biomedical 
engineers, certified or registered respiratory therapists, dietitians, 
licensed physical therapists, licensed practical or vocational nurses, 
   nurse assistants, medical instrument technicians, medical records 
  administrators or specialists, medical records technicians, medical 
 technologists, dental hygienists, dental assistants, nuclear medicine 
     technologists, occupational therapists, occupational therapy 
  assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, 
     pharmacy technicians, physical therapy assistants, prosthetic 
 representatives, psychologists, diagnostic radiologic technologists, 
  therapeutic radiologic technologists, social workers, marriage and 
  family therapists, licensed professional mental health counselors, 
   blind rehabilitation specialists, blind rehabilitation outpatient 
 specialists, and such other classes of health care occupations as the 
 Secretary considers necessary for the recruitment and retention needs 
of the Department subject to the following requirements: (A) Such other 
    classes of health care occupations (i) are not occupations 
relating to administrative, clerical, or physical plant maintenance and 
  protective services; (ii) that would otherwise receive basic pay in 
  accordance with the General Schedule under section 5332 of title 5; 
  (iii) provide, as determined by the Secretary, direct patient care 
  services or services incident to direct patient services; and (iv) 
 would not otherwise be available to provide medical care or treatment 
for veterans. (B) Not later than 45 days before the Secretary appoints 
   any personnel for a class of health care occupations that is not 
 specifically listed in this paragraph, the Secretary shall submit to 
the Committee on Veterans Affairs of the Senate, the Committee 
 on Veterans Affairs of the House of Representatives, and the 
Office of Management and Budget notice of such appointment. (C) Before 
 submitting notice under subparagraph (B), the Secretary shall solicit 
  comments from any labor organization representing employees in such 
    class and include such comments in such notice. (Added Pub. L. 
 10240, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 222; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
   1992, 106 Stat. 1984; Pub. L. 108 170, title III, Secs. 
    301(a)(1), 302(a), Dec. 6, 2003, 117 Stat. 2054, 2057; Pub. L. 
  108 422, title V, Sec. 502, Nov. 30, 2004, 118 Stat. 2396; 
  Pub. L. 109461, title II, Sec. 201(a), Dec. 22, 2006, 120 
  Stat. 3409; Pub. L. 111163, title VI, Sec. 601(a), May 5, 
 2010, 124 Stat. 1167.) ' 7402. Qualifications of appointees (a) To be 
eligible for appointment to the positions in the Administration covered 
by subsection (b), a person must have the applicable qualifications set 
 forth in that subsection. (b)(1) PHYSICIAN.To be eligible to be 
  appointed to a physician position, a person must (A) hold the 
degree of doctor of medicine or of doctor of osteopathy from a college 
    or university approved by the Secretary, (B) have completed an 
   internship satisfactory to the Secretary, and (C) be licensed to 
       practice medicine, surgery, or osteopathy in a State. (2) 
 DENTIST.To be eligible to be appointed to a dentist position, a 
  person must (A) hold the degree of doctor of dental surgery or 
dental medicine from a college or university approved by the Secretary, 
and (B) be licensed to practice dentistry in a State. (3) NURSE.To 
be eligible to be appointed to a nurse position, a person must (A) 
 have successfully completed a full course of nursing in a recognized 
school of nursing, approved by the Secretary, and (B) be registered as 
 a graduate nurse in a State. (4) DIRECTOR OF A HOSPITAL, DOMICILIARY, 
 CENTER, OR OUTPATIENT CLINIC.To be eligible to be appointed to a 
director position, a person must have such business and administrative 
  experience and qualifications as the Secretary shall prescribe. (5) 
    PODIATRIST.To be eligible to be appointed to a podiatrist 
position, a person must (A) hold the degree of doctor of podiatric 
   medicine, or its equivalent, from a school of podiatric medicine 
approved by the Secretary, and (B) be licensed to practice podiatry in 
  a State. (6) OPTOMETRIST.To be eligible to be appointed to an 
optometrist position, a person must (A) hold the degree of doctor 
of optometry, or its equivalent, from a school of optometry approved by 
 the Secretary, and (B) be licensed to practice optometry in a State. 
  (7) PHARMACIST.To be eligible to be appointed to a pharmacist 
position, a person must (A) hold the degree of bachelor of science 
in pharmacy, or its equivalent, from a school of pharmacy, approved by 
 the Secretary, and (B) be registered as a pharmacist in a State. (8) 
  PSYCHOLOGIST.To be eligible to be appointed to a psychologist 
 position, a person must (A) hold a doctoral degree in psychology 
   from a college or university approved by the Secretary, (B) have 
 completed study for such degree in a specialty area of psychology and 
   an internship which are satisfactory to the Secretary, and (C) be 
  licensed or certified as a psychologist in a State, except that the 
 Secretary may waive the requirement of licensure or certification for 
an individual psychologist for a period not to exceed two years on the 
 condition that that psychologist provide patient care only under the 
 direct supervision of a psychologist who is so licensed or certified. 
   (9) SOCIAL WORKER.To be eligible to be appointed to a social 
worker position, a person must (A) hold a masters degree 
in social work from a college or university approved by the Secretary; 
and (B) be licensed or certified to independently practice social work 
  in a State, except that the Secretary may waive the requirement of 
   licensure or certification for an individual social worker for a 
   reasonable period of time recommended by the Under Secretary for 
 Health. (10) MARRIAGE AND FAMILY THERAPIST.To be eligible to be 
    appointed to a marriage and family therapist position, a person 
  must (A) hold a masters degree in marriage and family 
  therapy, or a comparable degree in mental health, from a college or 
university approved by the Secretary; and (B) be licensed or certified 
   to independently practice marriage and family therapy in a State, 
  except that the Secretary may waive the requirement of licensure or 
  certification for an individual marriage and family therapist for a 
   reasonable period of time recommended by the Under Secretary for 
Health. (11) LICENSED PROFESSIONAL MENTAL HEALTH COUNSELOR. To be 
   eligible to be appointed to a licensed professional mental health 
  counselor position, a person must (A) hold a masters 
degree in mental health counseling, or a related field, from a college 
    or university approved by the Secretary; and (B) be licensed or 
  certified to independently practice mental health counseling. (12) 
  CHIROPRACTOR.To be eligible to be appointed to a chiropractor 
     position, a person must (A) hold the degree of doctor of 
    chiropractic, or its equivalent, from a college of chiropractic 
approved by the Secretary; and (B) be licensed to practice chiropractic 
in a State. (13) PEER SPECIALIST.To be eligible to be appointed to 
a peer specialist position, a person must (A) be a veteran who has 
 recovered or is recovering from a mental health condition; and (B) be 
     certified by (i) a not-for-profit entity engaged in peer 
specialist training as having met such criteria as the Secretary shall 
  establish for a peer specialist position; or (ii) a State as having 
 satisfied relevant State requirements for a peer specialist position. 
 (14) OTHER HEALTH-CARE POSITIONS.To be appointed as a physician 
assistant, expanded-function dental auxiliary, certified or registered 
respiratory therapist, licensed physical therapist, licensed practical 
or vocational nurse, occupational therapist, dietitian, microbiologist, 
chemist, biostatistician, medical technologist, dental technologist, or 
other position, a person must have such medical, dental, scientific, or 
 technical qualifications as the Secretary shall prescribe. (c) Except 
   as provided in section 7407(a) of this title, a person may not be 
appointed in the Administration to a position listed in section 7401(1) 
of this title unless the person is a citizen of the United States. (d) 
 A person may not be appointed under section 7401(1) of this title to 
serve in the Administration in any direct patient-care capacity unless 
  the Under Secretary for Health determines that the person possesses 
  such basic proficiency in spoken and written English as will permit 
   such degree of communication with patients and other health-care 
 personnel as will enable the person to carry out the persons 
 health-care responsibilities satisfactorily. Any determination by the 
Under Secretary for Health under this subsection shall be in accordance 
with regulations which the Secretary shall prescribe. (e) A person may 
not serve as Chief of Staff of a Department health-care facility if the 
  person is not serving on a full-time basis. (f) A person may not be 
employed in a position under subsection (b) (other than under paragraph 
(4) of that subsection) if (1) the person is or has been licensed, 
registered, or certified (as applicable to such position) in more than 
 one State; and (2) either (A) any of those States has terminated 
  such license, registration, or certification for cause; or (B) the 
  person has voluntarily relinquished such license, registration, or 
certification in any of those States after being notified in writing by 
 that State of potential termination for cause. (g) The Secretary may 
 enter into contracts with not-for-profit entities to provide (1) 
    peer specialist training to veterans; and (2) certification for 
veterans under subsection (b)(13)(B)(i). (Added Pub. L. 10240, 
 title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 222; amended Pub. L. 
 10286, title III, Sec. 305(a), Aug. 14, 1991, 105 Stat. 417; 
 Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 
Stat. 1984; Pub. L. 106117, title II, Sec. 209, Nov. 30, 1999, 
 113 Stat. 1569; Pub. L. 106419, title II, Sec. 205, Nov. 1, 
2000, 114 Stat. 1842; Pub. L. 108170, title III, Sec. 302(b), 
 Dec. 6, 2003, 117 Stat. 2058; Pub. L. 109461, title II, Sec. 
201(b), Dec. 22, 2006, 120 Stat. 3409; Pub. L. 110 387, title 
    IV, Sec. 405, Oct. 10, 2008, 122 Stat. 4129.) ' 7403. Period of 
  appointments; promotions (a)(1) Appointments under this chapter of 
health-care professionals to whom this section applies may be made only 
after qualifications have been satisfactorily established in accordance 
 with regulations prescribed by the Secretary, without regard to civil-
service requirements. (2) This section applies to the following persons 
    appointed under this chapter: (A) Physicians. (B) Dentists. (C) 
 Podiatrists. (D) Optometrists. (E) Nurses. (F) Physician assistants. 
  (G) Expanded-function dental auxiliaries. (H) Chiropractors. (b)(1) 
Except as otherwise provided in this subsection, appointments described 
in subsection (a) shall be for a probationary period of two years. (2) 
   With respect to the appointment of a registered nurse under this 
  chapter, paragraph (1) shall apply with respect to such appointment 
  regardless of whether such appointment is on a full-time basis or a 
 part-time basis. (3) An appointment described in subsection (a) on a 
 part-time basis of a person who has previously served on a full-time 
 basis for the probationary period for the position concerned shall be 
 without a probationary period. (4) The record of each person serving 
under such an appointment in the Medical, Dental, and Nursing Services 
shall be reviewed from time to time by a board, appointed in accordance 
  with regulations of the Secretary. If such a board finds that such 
 person is not fully qualified and satisfactory, such person shall be 
  separated from the service. (c) Promotions of persons to whom this 
     section applies shall be made only after examination given in 
 accordance with regulations prescribed by the Secretary. Advancement 
within grade may be made in increments of the minimum rate of basic pay 
     of the grade in accordance with regulations prescribed by the 
  Secretary. (d) In determining eligibility for reinstatement in the 
    Federal civil service of persons appointed to positions in the 
Administration under this chapter who at the time of appointment have a 
  civil-service status, and whose employment in the Administration is 
terminated, the period of service performed in the Administration shall 
 be included in computing the period of service under applicable civil-
   service rules and regulations. (e) In accordance with regulations 
prescribed by the Secretary, the grade and annual rate of basic pay of 
  a person to whom this section applies whose level of assignment is 
changed from a level of assignment in which the grade level is based on 
 both the nature of the assignment and personal qualifications may be 
     adjusted to the grade and annual rate of basic pay otherwise 
appropriate. (f)(1) Upon the recommendation of the Under Secretary for 
Health, the Secretary may (A) use the authority in subsection (a) 
 to establish the qualifications for and (subject to paragraph (2)) to 
  appoint individuals to positions listed in section 7401(3) of this 
  title; and (B) use the authority provided in subsection (c) for the 
   promotion and advancement of Department employees serving in such 
 positions. (2) In using such authority to appoint individuals to such 
 positions, the Secretary shall apply the principles of preference for 
the hiring of veterans and other persons established in subchapter I of 
chapter 33 of title 5. (3) Notwithstanding any other provision of this 
     title or other law, all matters relating to adverse actions, 
reductions-in-force, the applicability of the principles of preference 
     referred to in paragraph (2), rights of part-time employees, 
 disciplinary actions, and grievance procedures involving individuals 
 appointed to such positions , whether appointed under this section or 
  section 7405(a)(1)(B) of this title (including similar actions and 
 procedures involving an employee in a probationary status), shall be 
resolved under the provisions of title 5 as though such individuals had 
 been appointed under that title. (g)(1) The Secretary may appoint in 
   the competitive civil service without regard to the provisions of 
  subchapter I of chapter 33 of title 5 (other than sections 3303 and 
3328 of such title) an individual who (A) has a recognized degree 
    or certificate from an accredited institution in a health-care 
profession or occupation; and (B) has successfully completed a clinical 
  education program affiliated with the Department. (2) In using the 
 authority provided by this subsection, the Secretary shall apply the 
 principles of preference for the hiring of veterans and other persons 
  established in subchapter I of chapter 33 of title 5. (h)(1) If the 
    Secretary uses the authority provided in subsection (c) for the 
  promotion and advancement of an occupational category of employees 
described in section 7401(3) of this title, as authorized by subsection 
   (f)(1)(B), the Secretary shall do so through one or more systems 
    prescribed by the Secretary. Each such system shall be planned, 
    developed, and implemented in collaboration with, and with the 
     participation of, exclusive employee representatives of such 
occupational category of employees. (2)(A) Before prescribing a system 
 of promotion and advancement of an occupational category of employees 
under paragraph (1), the Secretary shall provide to exclusive employee 
 representatives of such occupational category of employees a written 
 description of the proposed system. (B) Not later than 30 days after 
receipt of the description of a proposed system under subparagraph (A), 
  exclusive employee representatives may submit to the Secretary the 
  recommendations, if any, of such exclusive employee representatives 
with respect to the proposed system. (C) The Secretary shall give full 
     and fair consideration to any recommendations received under 
subparagraph (B) in deciding whether and how to proceed with a proposed 
  system. (3) The Secretary shall implement immediately any part of a 
    system of promotion and advancement under paragraph (1) that is 
   proposed under paragraph (2) for which the Secretary receives no 
recommendations from exclusive employee representatives under paragraph 
(2). (4) If the Secretary receives recommendations under paragraph (2) 
   from exclusive employee representatives on any part of a proposed 
system of promotion and advancement under that paragraph, the Secretary 
shall determine whether or not to accept the recommendations, either in 
whole or in part. If the Secretary determines not to accept all or part 
    of the recommendations, the Secretary shall (A) notify the 
       congressional veterans affairs committees of the 
  recommendations and of the portion of the recommendations that the 
 Secretary has determined not to accept; (B) meet and confer with such 
exclusive employee representatives, for a period not less than 30 days, 
for purposes of attempting to reach an agreement on whether and how to 
proceed with the portion of the recommendations that the Secretary has 
determined not to accept; (C) at the election of the Secretary, or of a 
      majority of such exclusive employee representatives who are 
 participating in negotiations on such matter, employ the services of 
   the Federal Mediation and Conciliation Service during the period 
     referred to in subparagraph (B) for purposes of reaching such 
 agreement; and (D) if the Secretary determines that activities under 
   subparagraph (B), (C), or both are unsuccessful at reaching such 
 agreement and determines (in the sole and unreviewable discretion of 
 the Secretary) that further meeting and conferral under subparagraph 
 (B), mediation under subparagraph (C), or both are unlikely to reach 
  such agreement (i) notify the congressional veterans 
affairs committees of such determinations, identify for such committees 
 the portions of the recommendations that the Secretary has determined 
     not to accept, and provide such committees an explanation and 
   justification for determining to implement the part of the system 
subject to such portions of the recommendations without regard to such 
 portions of the recommendations; and (ii) commencing not earlier than 
30 days after notice under clause (i), implement the part of the system 
subject to the recommendations that the Secretary has determined not to 
 accept without regard to those recommendations. (5) If the Secretary 
    and exclusive employee representatives reach an agreement under 
paragraph (4) providing for the resolution of a disagreement on one or 
more portions of the recommendations that the Secretary had determined 
  not to accept under that paragraph, the Secretary shall immediately 
 implement such resolution. (6) In implementing a system of promotion 
  and advancement under this subsection, the Secretary shall (A) 
     develop and implement mechanisms to permit exclusive employee 
representatives to participate in the periodic review and evaluation of 
   the system, including peer review, and in any further planning or 
  development required with respect to the system as a result of such 
       review and evaluation; and (B) provide exclusive employee 
 representatives appropriate access to information to ensure that the 
 participation of such exclusive employee representative in activities 
  under subparagraph (A) is productive. (7)(A) The Secretary may from 
 time to time modify a system of promotion and advancement under this 
 subsection. (B) In modifying a system, the Secretary shall take into 
      account any recommendations made by the exclusive employee 
  representatives concerned. (C) In modifying a system, the Secretary 
   shall comply with paragraphs (2) through (5) and shall treat any 
 proposal for the modification of a system as a proposal for a system 
   for purposes of such paragraphs. (D) The Secretary shall promptly 
  submit to the congressional veterans affairs committees a 
report on any modification of a system. Each report shall include 
 (i) an explanation and justification of the modification; and (ii) a 
       description of any recommendations of exclusive employee 
   representatives with respect to the modification and a statement 
     whether or not the modification was revised in light of such 
recommendations. (8) In the case of employees who are not within a unit 
   with respect to which a labor organization is accorded exclusive 
   recognition, the Secretary may develop procedures for input from 
representatives under this subsection from any appropriate organization 
that represents a substantial percentage of such employees or, if none, 
in such other manner as the Secretary considers appropriate, consistent 
with the purposes of this subsection. (9) In this subsection, the term 
          congressional veterans affairs 
committees means the Committees on Veterans 
Affairs of the Senate and the House of Representatives. (Added Pub. L. 
 10240, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 224; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
   1992, 106 Stat. 1984; Pub. L. 108 170, title III, Secs. 
     301(b), 302(c), Nov. 24, 2003, 117 Stat. 2055, 2058; Pub. L. 
111 163, title VI, Sec. 601(b), May 5, 2010, 124 Stat. 1168.) 
  ' 7404. Grades and pay scales (a)(1) The annual rates or ranges of 
rates of basic pay for positions provided in section 7306 of this title 
shall be prescribed from time to time by Executive order as authorized 
by chapter 53 of title 5 or as otherwise authorized by law. (2) The pay 
 of physicians and dentists serving in positions to which an Executive 
order applies under paragraph (1) shall be determined under subchapter 
III of this chapter instead of such Executive order. (3)(A) The rate of 
  basic pay for a position to which an Executive order applies under 
  paragraph (1) and is not described by paragraph (2) shall be set in 
  accordance with section 5382 of title 5 as if such position were a 
 Senior Executive Service position (as such term is defined in section 
3132(a) of title 5). (B) A rate of basic pay for a position may not be 
   set under subparagraph (A) in excess of (i) in the case the 
position is not described in clause (ii), the rate of basic pay payable 
 for level III of the Executive Schedule; or (ii) in the case that the 
 position is covered by a performance appraisal system that meets the 
certification criteria established by regulation under section 5307(d) 
of title 5, the rate of basic pay payable for level II of the Executive 
   Schedule. (C) Notwithstanding the provisions of subsection (d) of 
section 5307 of title 5, the Secretary may make any certification under 
   that subsection instead of the Office of Personnel Management and 
  without concurrence of the Office of Management and Budget. (b) The 
 grades for positions provided for in paragraph (1) of section 7401 of 
this title shall be as follows. The annual ranges of rates of basic pay 
  for those grades shall be prescribed from time to time by Executive 
order as authorized by chapter 53 of title 5 or as otherwise authorized 
by law: PHYSICIAN AND DENTIST SCHEDULE Physician grade. Dentist grade. 
    NURSE SCHEDULE Nurse V. Nurse IV. Nurse III. Nurse II. Nurse I. 
   CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE Chief 
 grade. Senior grade. Intermediate grade. Full grade. Associate grade. 
(c) Notwithstanding the provisions of section 7425(a) of this title, a 
 person appointed under section 7306 of this title who is not eligible 
 for pay under subchapter III shall be deemed to be a career appointee 
 for the purposes of sections 4507 and 5384 of title 5. (d) Except as 
provided under subsection (e), subchapter III, and section 7457 of this 
title, pay for positions for which basic pay is paid under this section 
may not be paid at a rate in excess of the rate of basic pay authorized 
 by section 5316 of title 5 for positions in Level V of the Executive 
Schedule. (e) The position of Chief Nursing Officer, Office of Nursing 
 Services, shall be exempt from the provisions of section 7451 of this 
 title and shall be paid at a rate determined by the Secretary, not to 
 exceed the maximum rate established for the Senior Executive Service 
under section 5382 of title 5. (Added Pub. L. 10240, title IV, 
      Sec. 401(b)(2), May 7, 1991, 105 Stat. 225; amended Pub. L. 
102405, title II, Sec. 206, title III, Sec. 302(c)(1), Oct. 9, 
1992, 106 Stat. 1984; Pub. L. 102585, title III, Sec. 301(a), 
Nov. 4, 1992, 106 Stat. 4951; Pub. L. 108170, title III, Sec. 
  302(d), Dec. 6, 2003, 117 Stat. 2058; Pub. L. 108445, Sec. 
3(a), (f), Dec. 3, 2004, 118 Stat. 2636, 2643; Pub. L. 109461, 
      title II, Sec. 202, Dec. 22, 2006, 120 Stat. 3410; Pub. L. 
111163, title VI, Sec. 601(d)(1), May 5, 2010, 124Stat. 1169.) 
 ' 7405. Temporary full-time appointments, part-time appointments, and 
     without-compensation appointments (a) The Secretary, upon the 
 recommendation of the Under Secretary for Health, may employ, without 
regard to civil service or classification laws, rules, or regulations, 
  personnel as follows: (1) On a temporary full-time basis, part-time 
    basis, or without compensation basis, persons in the following 
 positions: (A) Positions listed in section 7401(1) of this title. (B) 
Positions listed in section 7401(3) of this title. (C) Librarians. (D) 
   Other professional, clerical, technical, and unskilled personnel 
   (including interns, residents, trainees, and students in medical 
    support programs). (2) On a fee basis, persons in the following 
 positions: (A) Positions listed in section 7401(1) of this title. (B) 
     Positions listed in section 7401(3) of this title. (C) Other 
  professional and technical personnel. (b) Personnel employed under 
subsection (a) (1) shall be in addition to personnel described in 
section 7306, paragraphs (1) and (3) of section 7401, and section 7408 
of this title; and (2) shall be paid such rates of pay as the Secretary 
   may prescribe. (c)(1) Temporary full-time appointments under this 
  section of persons in positions listed in paragraphs (1) and (3) of 
  section 7401 of this title may be for a period in excess of 90 days 
only if the Under Secretary for Health finds that circumstances render 
it impracticable to obtain the necessary services through appointments 
 under that section. (2) A temporary full-time appointment may not be 
   made for a period in excess of two years in the case of a person 
   who (A) has successfully completed (i) a full course of 
 nursing in a recognized school of nursing, approved by the Secretary; 
    or (ii) a full course of training for any category of personnel 
   described in paragraph (3) of section 7401 of this title, or as a 
physician assistant, in a recognized education or training institution 
approved by the Secretary; and (B) is pending registration or licensure 
   in a State or certification by a national board recognized by the 
   Secretary. (3)(A) Temporary full-time appointments of persons in 
 positions referred to in subsection (a)(1)(D) shall not exceed three 
years. (B) Temporary full-time appointments under this paragraph may be 
renewed for one or more additional periods not in excess of three years 
 each. (4) Temporary full-time appointments of other personnel may not 
     be for a period in excess of one year except as authorized in 
subsection (f). (d) A part-time appointment may not be for a period of 
  more than one year, except for appointments of persons specified in 
  subsection (a)(1)(A) and interns, residents, and other trainees in 
 medical support programs and except as authorized in subsection (f). 
 (e) A student who has a temporary appointment under this section and 
  who is pursuing a full course of nursing in a recognized school of 
nursing approved by the Secretary, or who is pursuing a full course of 
 training for any category of personnel described in paragraph (3) of 
   section 7401 of this title in a recognized education or training 
institution approved by the Secretary, may be reappointed for a period 
 not to exceed the duration of the students academic program. 
  (f) During any period during which the Secretary is exercising the 
  authority provided in subsections (a) and (f)(1) of section 7403 of 
 this title in connection with the appointment, under paragraph (3) of 
  section 7401 of this title, of personnel in a category of personnel 
 described in such paragraph (1) the Secretary may make temporary 
   full-time appointments of personnel in such category for periods 
    exceeding 90 days if the Under Secretary for Health finds that 
 circumstances render it impractical to obtain the necessary services 
through appointments under paragraph (3) of section 7401 of this title; 
and (2) part-time appointments of personnel in such category may be for 
 periods of more than one year. (g)(1) Except as provided in paragraph 
 (3), employment of a registered nurse on a temporary part-time basis 
   under subsection (a)(1) shall be for a probationary period of two 
 years. (2) Except as provided in paragraph (3), upon completion by a 
  registered nurse of the probationary period described in paragraph 
 (1) (A) the employment of such nurse shall (i) no longer be 
 considered temporary; and (ii) be considered an appointment described 
in section 7403(a) of this title; and (B) the nurse shall be considered 
to have served the probationary period required by section 7403(b). (3) 
This subsection shall not apply to appointments made on a term limited 
 basis of less than or equal to three years of (A) nurses with a 
    part-time appointment resulting from an academic affiliation or 
 teaching position in a nursing academy of the Department; (B) nurses 
appointed as a result of a specific research proposal or grant; or (C) 
 nurses who are not citizens of the United States and appointed under 
section 7407(a) of this title. (Added Pub. L. 10240, title IV, 
      Sec. 401(b)(2), May 7, 1991, 105 Stat. 226; amended Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984; Pub. L. 106 419, title II, Sec. 204, Nov. 1, 2000, 114 
 Stat. 1842; Pub. L. 108170, title III, Sec. 301(c), Dec. 6, 
 2003, 117 Stat. 2057; Pub. L. 111163, title VI, Sec. 601(c), 
   May 5, 2010, 124 Stat. 1168.) ' 7406. Residencies and internships 
  (a)(1) The Secretary may establish residencies and internships. The 
   Secretary may appoint qualified persons to such positions without 
regard to civil service or classification laws, rules, or regulations. 
          (2) For the purposes of this section: (A) The term 
internship includes the equivalency of an 
   internship as determined in accordance with regulations which the 
                Secretary shall prescribe. (B) The term 
    intern means a person serving an 
     internship. (b) The Secretary may prescribe the conditions of 
employment of persons appointed under this section, including necessary 
training, and the customary amount and terms of pay for such positions 
during the period of such employment and training. The amount and terms 
 of such pay may be established retroactively based on changes in such 
     customary amount and terms. (c)(1) In order to carry out more 
  efficiently the provisions of subsection (a)(1), the Secretary may 
   contract with one or more hospitals, medical schools, or medical 
  installations having hospital facilities and participating with the 
 Department in the training of interns or residents to provide, by the 
       designation of one such institution to serve as a central 
   administrative agency, for the central administration (A) of 
stipend payments; (B) provision of fringe benefits; and (C) maintenance 
of records for such interns and residents. (2) The Secretary may pay to 
 such designated agency, without regard to any other law or regulation 
governing the expenditure of Government moneys either in advance or in 
  arrears, an amount to cover the cost for the period such intern or 
 resident serves in a Department facility furnishing hospital care or 
 medical services of (A) stipends fixed by the Secretary pursuant 
to paragraph (1); (B) hospitalization, medical care, and life insurance 
and any other employee benefits as are agreed upon by the participating 
 institutions for the period that such intern or resident serves in a 
 Department facility furnishing hospital care or medical services; (C) 
tax on employers pursuant to chapter 21 of the Internal Revenue Code of 
1986, where applicable; and (D) an amount to cover a pro rata share of 
 the cost of expense of such central administrative agency. (3)(A) Any 
amounts paid by the Secretary to such central administrative agency to 
 cover the cost of hospitalization, medical care, or life insurance or 
other employee benefits shall be in lieu of any benefits of like nature 
 to which such intern or resident may be entitled under the provisions 
 of title 5, and the acceptance of stipends and employee benefits from 
the designated central administrative agency shall constitute a waiver 
by the recipient of any claim such recipient might have to any payment 
    of stipends or employee benefits to which such recipient may be 
entitled under this title or title 5. (B) Notwithstanding subparagraph 
    (A), any period of service of any such intern or resident in a 
Department facility furnishing hospital care or medical services shall 
be deemed creditable service for the purposes of section 8332 of title 
   5. (4) The agreement with such central administrative agency may 
   further provide that the designated central administrative agency 
shall (A) make all appropriate deductions from the stipend of each 
 intern and resident for local, State, and Federal taxes; (B) maintain 
 all records pertinent to such deductions and make proper deposits of 
 such deductions; and (C) maintain all records pertinent to the leave 
 accrued by such intern and resident for the period during which such 
 recipient serves in a participating facility, including a Department 
   facility furnishing hospital care or medical services. (5) Leave 
described in paragraph (4)(C) may be pooled, and the intern or resident 
 may be afforded leave by the facility in which such person is serving 
       at the time the leave is to be used to the extent of such 
persons total accumulated leave, whether or not earned at the 
facility in which such person is serving at the time the leave is to be 
afforded. (Added Pub. L. 10240, title IV, Sec. 401(b)(2), May 
  7, 1991, 105 Stat. 227; amended Pub. L. 104262, title III, 
    Sec. 345, Oct. 9, 1996, 110 Stat. 3208.) ' 7407. Administrative 
 provisions for section 7405 and 7406 appointments (a) When the Under 
  Secretary for Health determines that it is not possible to recruit 
   qualified citizens for the necessary services, appointments under 
sections 7405 and 7406 of this title may be made without regard to the 
  citizenship requirements of section 7402(c) of this title or of any 
other law prohibiting the employment of, or payment of compensation to, 
 a person who is not a citizen of the United States. (b)(1) Subject to 
paragraph (2), the Under Secretary for Health may waive for the purpose 
of the appointment of an individual under section 7405 or 7406 of this 
title the requirements set forth in section 7402(b) of this title 
 (A) that a physician, dentist, psychologist, optometrist, registered 
nurse, practical or vocational nurse, or physical therapist be licensed 
 or certified, as appropriate; (B) that the licensure or certification 
 of such an individual be in a State; and (C) that a psychologist have 
 completed an internship. (2) The waivers authorized in paragraph (1) 
  may be granted (A) in the case of clauses (A) and (C) of such 
 paragraph, if the individual (i) will be employed to conduct research 
or serve in an academic position, and (ii) will have no responsibility 
  for furnishing direct patient care services; and (B) in the case of 
  clause (B) of such paragraph, if the individual will be employed to 
        serve in a country other than the United States and the 
  individuals licensure or registration is in the country in 
     which the individual is to serve. (c) The program of training 
   prescribed by the Secretary in order to qualify a person for the 
 position of full-time physician assistant or expanded-function dental 
  auxiliary shall be considered a full-time institutional program for 
   purposes of chapter 34 of this title. The Secretary may consider 
 training for such a position to be on a less than full-time basis for 
purposes of such chapter when the combined classroom (and other formal 
instruction) portion of the program and the on-the-job training portion 
of the program total less than 30 hours per week. (d) A person may not 
      be appointed under section 7405 or 7406 of this title to an 
occupational category described in section 7401(1) of this title or in 
  section 7406 of this title unless the person meets the requirements 
established in section 7402(d) of this title and regulations prescribed 
 under that section. (e) In accordance with the provisions of section 
    7425(b) of this title, the provisions of chapter 34 of title 5 
pertaining to part-time career employment shall not apply to part-time 
appointments under sections 7405 and 7406 of this title. (Added Pub. L. 
 10240, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 228; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
1992, 106 Stat. 1984.) ' 7408. Appointment of additional employees (a) 
  There shall be appointed by the Secretary under civil service laws, 
  rules, and regulations, such additional employees, other than those 
provided in section 7306 and paragraphs (1) and (3) of section 7401 of 
this title and those specified in sections 7405 and 7406 of this title, 
 as may be necessary to carry out the provisions of this chapter. (b) 
The Secretary, after considering an individuals existing pay, 
     higher or unique qualifications, or the special needs of the 
      Department, may appoint the individual to a position in the 
   Administration providing direct patient-care services or services 
incident to direct patient-services at a rate of pay above the minimum 
rate of the appropriate grade. (Added Pub. L. 10240, title IV, 
      Sec. 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 
 103446, title XII, Sec. 1201(e)(21), Nov. 2, 1994, 108 Stat. 
4686.) ' 7409. Contracts for scarce medical specialist services (a) The 
   Secretary may enter into contracts with institutions and persons 
   described in subsection (b) to provide scarce medical specialist 
   services at Department facilities. Such services may include the 
     services of physicians, dentists, podiatrists, optometrists, 
 chiropractors, nurses, physician assistants, expanded-function dental 
  auxiliaries, technicians, and other medical support personnel. (b) 
    Institutions and persons with whom the Secretary may enter into 
   contracts under subsection (a) are the following: (1) Schools and 
 colleges of medicine, osteopathy, dentistry, podiatry, optometry, and 
  nursing. (2) Clinics. (3) Any other group or individual capable of 
  furnishing such scarce medical specialist services. (Added Pub. L. 
 10240, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 229; 
amended Pub. L. 108170, title III, Sec. 302(f), Dec. 6, 2003, 
      117 Stat. 2058.) ' 7410. Additional pay authorities (a) IN 
GENERAL.The Secretary may authorize the Under Secretary for Health 
    to pay advance payments, recruitment or relocation bonuses, and 
  retention allowances to the personnel described in paragraph (1) of 
  section 7401 of this title, or interview expenses to candidates for 
 appointment as such personnel, in the same manner, and subject to the 
   same limitations, as in the case of the authority provided under 
sections 5524a, 5706b, 5753, and 5754 of title 5. (b) SPECIAL INCENTIVE 
 PAY FOR DEPARTMENT PHARMACIST EXECUTIVES.(1) In order to recruit 
   and retain highly qualified Department pharmacist executives, the 
 Secretary may authorize the Under Secretary for Health to pay special 
incentive pay of not more than $40,000 per year to an individual of the 
 Veterans Health Administration who is a pharmacist executive. (2) In 
    determining whether and how much special pay to provide to such 
 individual, the Under Secretary shall consider the following: (A) The 
  grade and step of the position of the individual. (B) The scope and 
    complexity of the position of the individual. (C) The personal 
qualifications of the individual. (D) The characteristics of the labor 
  market concerned. (E) Such other factors as the Secretary considers 
   appropriate. (3) Special incentive pay under paragraph (1) for an 
 individual is in addition to all other pay (including basic pay) and 
allowances to which the individual is entitled. (4) Except as provided 
  in paragraph (5), special incentive pay under paragraph (1) for an 
 individual shall be considered basic pay for all purposes, including 
  retirement benefits under chapters 83 and 84 of title 5, and other 
    benefits. (5) Special incentive pay under paragraph (1) for an 
 individual shall not be considered basic pay for purposes of adverse 
 actions under subchapter V of this chapter. (6) Special incentive pay 
 under paragraph (1) may not be awarded to an individual in an amount 
that would result in an aggregate amount of pay (including bonuses and 
awards) received by such individual in a year under this title that is 
     greater than the annual pay of the President. (Added Pub. L. 
10240, title I, Sec. 103(a)((1)), May 7, 1991, 105 Stat. 198; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
1992, 106 Stat. 1984; Pub. L. 111 163, title VI, Sec. 601(e), 
    May 5, 2010, 124 Stat. 1169.) ' 7411. Full-time board-certified 
   physicians and dentists: reimbursement of continuing professional 
 education expenses The Secretary shall reimburse any full-time board-
certified physician or dentist appointed under section 7401(1) of this 
  title for expenses incurred, up to $1,000 per year, for continuing 
 professional education. (Added Pub. L. 10240, title I, Sec. 
103(a)((1)), May 7, 1991, 105 Stat. 199.) SUBCHAPTER IICOLLECTIVE 
       BARGAINING AND PERSONNEL ADMINISTRATION ' 7421. Personnel 
   administration: in general (a) Notwithstanding any law, Executive 
 order, or regulation, the Secretary shall prescribe by regulation the 
 hours and conditions of employment and leaves of absence of employees 
   appointed under any provision of this chapter in positions in the 
Veterans Health Administration listed in subsection (b). (b) Subsection 
 (a) refers to the following positions: (1) Physicians. (2) Dentists. 
(3) Podiatrists. (4) Optometrists. (5) Registered nurses. (6) Physician 
 assistants. (7) Expanded-duty dental auxiliaries. (8) Chiropractors. 
  (Added Pub. L. 10240, title II, Sec. 202, May 7, 1991, 105 
  Stat. 200; amended Pub. L. 108170, title III, Sec. 302(g), 
Dec. 6, 2003, 117 Stat. 2058.) ' 7422. Collective bargaining (a) Except 
as otherwise specifically provided in this title, the authority of the 
Secretary to prescribe regulations under section 7421 of this title is 
   subject to the right of Federal employees to engage in collective 
      bargaining with respect to conditions of employment through 
representatives chosen by them in accordance with chapter 71 of title 5 
     (relating to labor-management relations). (b) Such collective 
 bargaining (and any grievance procedures provided under a collective 
  bargaining agreement) in the case of employees described in section 
7421(b) of this title may not cover, or have any applicability to, any 
   matter or question concerning or arising out of (1) professional 
   conduct or competence, (2) peer review, or (3) the establishment, 
determination, or adjustment of employee compensation under this title. 
  (c) For purposes of this section, the term professional 
conduct or competence means any of the following: (1) 
Direct patient care. (2) Clinical competence. (d) An issue of whether a 
 matter or question concerns or arises out of (1) professional conduct 
       or competence, (2) peer review, or (3) the establishment, 
determination, or adjustment of employee compensation under this title 
    shall be decided by the Secretary and is not itself subject to 
collective bargaining and may not be reviewed by any other agency. (e) 
   A petition for judicial review or petition for enforcement under 
 section 7123 of title 5 in any case involving employees described in 
 section 7421(b) of this title or arising out of the applicability of 
 chapter 71 of title 5 to employees in those positions, shall be taken 
only in the United States Court of Appeals for the District of Columbia 
  Circuit. (Added Pub. L. 10240, title II, Sec. 202, May 7, 
   1991, 105 Stat. 200.) ' 7423. Personnel administration: full-time 
employees (a) The hours of employment in carrying out responsibilities 
under this title of any employee who is appointed in the Administration 
under any provision of this chapter on a full-time basis in a position 
   listed in section 7421(b) of this title (other than an intern or 
  resident appointed pursuant to section 7406 of this title) and who 
  accepts responsibilities for carrying out professional services for 
 remuneration other than those assigned under this title shall consist 
  of not less than 80 hours in a biweekly pay period (as that term is 
 used in section 5504 of title 5). (b) A person covered by subsection 
(a) may not do any of the following: (1) Teach or provide consultative 
services at any affiliated institution if such teaching or consultation 
      will, because of its nature or duration, conflict with such 
persons responsibilities under this title. (2) Accept payment 
under any insurance or assistance program established under title XVIII 
 or XIX of the Social Security Act or under chapter 55 of title 10 for 
 professional services rendered by such person while carrying out such 
persons responsibilities under this title. (3) Accept from any 
  source, with respect to any travel performed by such person in the 
  course of carrying out such persons responsibilities under 
  this title, any payment or per diem for such travel, other than as 
  provided for in section 4111 of title 5. (4) Request or permit any 
individual or organization to pay, on such persons behalf for 
 insurance insuring such person against malpractice claims arising in 
the course of carrying out such persons responsibilities under 
   this title or for such persons dues or similar fees for 
   membership in medical or dental societies or related professional 
  associations, except where such payments constitute a part of such 
   persons remuneration for the performance of professional 
responsibilities permitted under this section, other than those carried 
 out under this title. (5) Perform, in the course of carrying out such 
   persons responsibilities under this title, professional 
 services for the purpose of generating money for any fund or account 
  which is maintained by an affiliated institution for the benefit of 
  such institution, or for such persons personal benefit, or 
 both. (c) In the case of any fund or account described in subsection 
   (b)(5) that was established before September 1, 1973 (1) the 
 affiliated institution shall submit semiannually an accounting to the 
  Secretary and to the Comptroller General of the United States with 
respect to such fund or account and shall maintain such fund or account 
 subject to full public disclosure and audit by the Secretary and the 
  Comptroller General for a period of three years or for such longer 
    period as the Secretary shall prescribe, and (2) no person in a 
   position specified in paragraph (1)(B) may receive any cash from 
    amounts deposited in such fund or account derived from services 
 performed before that date. (d) As used in this section: (1) The term 
 affiliated institution means a medical 
school or other institution of higher learning with which the Secretary 
  has a contract or agreement as referred to in section 7313 of this 
 title for the training or education of health personnel. (2) The term 
  remuneration means the receipt of any 
 amount of monetary benefit from any non-Department source in payment 
    for carrying out any professional responsibilities. (e)(1) The 
 Secretary shall establish a leave transfer program for the benefit of 
  health-care professionals in positions listed in section 7401(1) of 
 this title. The Secretary may also establish a leave bank program for 
   the benefit of such health-care professionals. (2) To the maximum 
 extent feasible (A) the leave transfer program shall provide the 
  same or similar requirements and conditions as are provided for the 
    program established by the Director of the Office of Personnel 
 Management under subchapter III of chapter 63 of title 5; and (B) any 
   leave bank program established pursuant to paragraph (1) shall be 
  consistent with the requirements and conditions provided for agency 
leave bank programs in subchapter IV of such chapter. (3) Participation 
by a health-care professional in the leave transfer program established 
 pursuant to paragraph (1), and in any leave bank program established 
 pursuant to such paragraph, shall be voluntary. The Secretary may not 
require any health-care professional to participate in such a program. 
   (4)(A) The Secretary and the Director of the Office of Personnel 
    Management may enter into an agreement that permits health-care 
professionals referred to in paragraph (1) to participate in the leave 
transfer program established by the Director of the Office of Personnel 
  Management under subchapter III of chapter 63 of title 5 or in any 
 leave bank program established for other employees of the Department 
   pursuant to subchapter IV of chapter 63 of title 5, or both. (B) 
  Participation of such health-care professionals in a leave transfer 
 program or a leave bank program pursuant to an agreement entered into 
   under subparagraph (A) shall be subject to such requirements and 
conditions as may be prescribed in such agreement. (5) The Secretary is 
 not required to establish a leave transfer program for any personnel 
  permitted to participate in a leave transfer program pursuant to an 
agreement referred to in paragraph (4). (f) The Secretary may purchase 
   promotional items of nominal value for use in the recruitment of 
  individuals for employment under this chapter. The Secretary shall 
prescribe guidelines for the administration of the preceding sentence. 
 (Added and amended Pub. L. 10240, title II, Sec. 202, title 
    IV, Sec. 401(b)(3)(A), May 7, 1991, 105 Stat. 201, 230; Pub. L. 
102405, title II, Sec. 203, title III, Sec. 302(c)(1), Oct. 9, 
 1992, 106 Stat. 1983, 1984; Pub. L. 104262, title III, Sec. 
347, Oct. 9, 1996, 110 Stat. 3208.) ' 7424. Travel expenses of certain 
employees (a) The Secretary may pay the expenses (other than membership 
 fees) of persons described in sections 7306 and 7401(1) of this title 
 (including persons in positions described in section 7401(1) of this 
 title who are appointed on a temporary full-time basis or a part-time 
 basis under section 7405 of this title) who are detailed by the Under 
    Secretary for Health to attend meetings of associations for the 
  promotion of medical and related science. (b)(1) The Secretary may 
prescribe regulations establishing conditions under which officers and 
employees of the Administration who are nationally recognized principal 
 investigators in medical research may be permitted to accept payment, 
   in cash or in kind, from non-Federal agencies, organizations, and 
individuals for travel and such reasonable subsistence expenses as are 
  approved by the Secretary pursuant to such regulations (A) in 
connection with their attendance at meetings or in performing advisory 
services concerned with the functions or activities of the Department; 
  or (B) in connection with acceptance of significant awards or with 
activity related thereto concerned with functions or activities of the 
 Department. (2) Any such payment may be retained by such officers and 
 employees to cover the cost of such expenses or shall be deposited to 
the credit of the appropriation from which the cost of such expenses is 
     paid, as may be provided in such regulations. (Added Pub. L. 
  10240, title IV, Sec. 401(b)(3)(B), May 7, 1991, 105 Stat. 
 230; amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 
 9, 1992, 106 Stat. 1984.) ' 7425. Employees: laws not applicable (a) 
   Physicians, dentists, nurses, and other health-care professionals 
   employed by the Administration and appointed under section 7306, 
7401(1), 7405, or 7406 of this chapter are not subject to the following 
 provisions of law: (1) Section 413 of the Civil Service Reform Act of 
 1978. (2) Subchapter II of chapter 31 of title 5. (3) Subchapter VIII 
 of chapter 33 of title 5. (4) Subchapter V of chapter 35 of title 5. 
 (5) Subchapter II of chapter 43 of title 5. (6) Section 4507 of title 
 5. (7) Subchapter VIII of chapter 53 of title 5. (8) Subchapter V of 
chapter 75 of title 5. (b) Notwithstanding any other provision of law, 
   no provision of title 5 or any other law pertaining to the civil 
service system which is inconsistent with any provision of section 7306 
    of this title or this chapter shall be considered to supersede, 
 override, or otherwise modify such provision of that section or this 
chapter except to the extent that such provision of title 5 or of such 
 other law specifically provides, by specific reference to a provision 
  of this chapter, or such provision to be superseded, overridden, or 
   otherwise modified. (Added Pub. L. 10240, title IV, Sec. 
 401(b)(3)(B), May 7, 1991, 105 Stat. 231.) ' 7426. Retirement rights 
  (a) Except as provided in subsection (b), persons appointed to the 
 Administration shall be subject to the provisions of and entitled to 
 benefits under subchapter III of chapter 83 of title 5 or sub-chapter 
    II of chapter 84 of title 5, whichever is applicable. (b)(1) In 
computing the annuity under subchapter III of chapter 83, or subchapter 
 II of chapter 84, of title 5 of an individual who retires under such 
subchapter (other than under section 8337 or 8451 of such title) after 
December 31, 1981, and who served at any time on a less-than-full-time 
basis in a position in the Administration to which such individual was 
 appointed under subchapter I (A) for the purpose of determining 
such individuals average pay, as defined by section 8331(4) or 
 8401(3) of title 5, whichever is applicable, the annual rate of basic 
         pay for full-time service shall be deemed to be such 
  individuals rate of basic pay; and (B) the amount of such 
individuals annuity as computed under section 8339 or 8415 of 
title 5 (before application of any reduction required by subsection (i) 
of section 8339) shall be multiplied by the fraction equal to the ratio 
that that individuals total full-time equivalent service bears 
  to that individuals creditable service as determined under 
 section 8332 or 8411 of title 5, whichever is applicable. (2) For the 
    purposes of paragraph (1)(B), an individuals full-time 
 equivalent service is the individuals creditable service as 
    determined under section 8332 or 8411 of title 5, whichever is 
applicable, except that any period of service of such individual served 
on a less-than-full-time basis shall be prorated based on the fraction 
   such service bears to full-time service. For the purposes of the 
  preceding sentence, full-time service shall be considered to be 80 
   hours of service per biweekly pay period. (3) A survivor annuity 
computed under section 8341, or sub-chapter IV of chapter 84, of title 
  5 based on the service of an individual described in paragraph (1) 
   shall be computed based upon such individuals annuity as 
  determined in accordance with such paragraph. (c) The provisions of 
subsection (b) shall not apply to the part-time service before April 7, 
1986, of a registered nurse, physician assistant, or expanded-function 
    dental auxiliary. In computing the annuity under the applicable 
provision of law specified in that subsection of an individual covered 
by the preceding sentence, the service described in that sentence shall 
be credited as full-time service. (Added Pub. L. 10240, title 
  IV, Sec. 401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended Pub. L. 
102585, title V, Sec. 522, Nov. 4, 1992, 106 Stat. 4959; Pub. 
 L. 106398, Sec. 1[[div. A], title X, Sec. 1087(g)(5)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-294; Pub. L. 107135, title I, 
 Sec. 132, Jan. 23, 2002, 115 Stat. 2454.) SUBCHAPTER IIIPAY FOR 
  PHYSICIANS AND DENTISTS ' 7431. Pay (a) ELEMENTS OF PAY.Pay of 
  physicians and dentists in the Veterans Health Administration shall 
  consist of three elements as follows: (1) Base pay as provided for 
 under subsection (b). (2) Market pay as provided for under subsection 
  (c). (3) Performance pay as provided under subsection (d). (b) BASE 
 PAY.One element of pay for physicians and dentists shall be base 
pay. Base pay shall meet the following requirements: (1) Each physician 
and dentist is entitled to base pay determined under the Physician and 
Dentist Base and Longevity Pay Schedule. (2) The Physician and Dentist 
  Base and Longevity Pay Schedule is composed of 15 rates of base pay 
designated, from the lowest rate of pay to the highest rate of pay, as 
  base pay steps 1 through 15. (3) The rate of base pay payable to a 
 physician or dentist is based on the total number of the years of the 
      service of the physician or dentist in the Veterans Health 
Administration as follows: For a physician or dentist The rate of base 
 pay iswith total service of: the rate payable for: two years or less 
........................................................................
      ....... step 1 more than 2 years and not more than 4 years 
 .............................. step 2 more than 4 years and not more 
 than 6 years .............................. step 3 more than 6 years 
 and not more than 8 years .............................. step 4 more 
 than 8 years and not more than 10 years ............................ 
         step 5 more than 10 years and not more than 12 years 
.......................... step 6 more than 12 years and not more than 
 14 years .......................... step 7 more than 14 years and not 
more than 16 years .......................... step 8 more than 16 years 
and not more than 18 years .......................... step 9 more than 
18 years and not more than 20 years .......................... step 10 
             more than 20 years and not more than 22 years 
.......................... step 11 more than 22 years and not more than 
24 years .......................... step 12 more than 24 years and not 
  more than 26 years .......................... step 13 more than 26 
  years and not more than 28 years .......................... step 14 
                          more than 28 years 
........................................................................
 .. step 15. (4) At the same time as rates of basic pay are increased 
for a year under section 5303 of title 5, the Secretary shall increase 
the amount of base pay payable under this subsection for that year by a 
  percentage equal to the percentage by which rates of basic pay are 
increased under such section for that year. (5) The non-foreign cost of 
 living adjustment allowance authorized under section 5941 of title 5 
 for physicians and dentists whose pay is set under this section shall 
be determined as a percentage of base pay only. (c) MARKET PAY.One 
element of pay for physicians and dentists shall be market pay. Market 
   pay shall meet the following requirements: (1) Each physician and 
dentist is eligible for market pay. (2) Market pay shall consist of pay 
    intended to reflect the recruitment and retention needs for the 
 specialty or assignment (as defined by the Secretary) of a particular 
   physician or dentist in a facility of the Department of Veterans 
Affairs. (3) The annual amount of the market pay payable to a physician 
   or dentist shall be determined by the Secretary on a case-by-case 
basis. (4)(A) In determining the amount of market pay for physicians or 
 dentists, the Secretary shall consult two or more national surveys of 
  pay for physicians or dentists, as applicable, whether prepared by 
 private, public, or quasi-public entities in order to make a general 
 assessment of the range of pays payable to physicians or dentists, as 
 applicable. (B)(i) In determining the amount of the market pay for a 
     particular physician or dentist under this subsection, and in 
 determining a tier (if any) to apply to a physician or dentist under 
subsection (e)(1)(B), the Secretary shall consult with and consider the 
recommendations of an appropriate panel or board composed of physicians 
 or dentists (as applicable). The Secretary may exempt physicians and 
  dentists occupying administrative or executive leadership positions 
  from the requirements of the previous sentence. (ii) A physician or 
     dentist may not be a member of the panel or board that makes 
recommendations under clause (i) with respect to the market pay of such 
 physician or dentist, as the case may be. (iii) The Secretary should, 
to the extent practicable, ensure that a panel or board consulted under 
 this subparagraph includes physicians or dentists (as applicable) who 
 are practicing clinicians and who do not hold management positions in 
   the medical facility of the Department at which the physician or 
dentist subject to the consultation is employed. (5) The determination 
 of the amount of market pay of a physician or dentist shall take into 
account (A) the level of experience of the physician or dentist in 
 the specialty or assignment of the physician or dentist; (B) the need 
  for the specialty or assignment of the physician or dentist at the 
medical facility of the Department concerned; (C) the health care labor 
  market for the specialty or assignment of the physician or dentist, 
which may cover any geographic area the Secretary considers appropriate 
for the specialty or assignment; (D) the board certifications, if any, 
 of the physician or dentist; (E) the prior experience, if any, of the 
      physician or dentist as an employee of the Veterans Health 
  Administration; and (F) such other considerations as the Secretary 
 considers appropriate. (6) The amount of market pay of a physician or 
 dentist shall be evaluated by the Secretary not less often than once 
every 24 months. The amount of market pay may be adjusted as the result 
  of an evaluation under this paragraph. A physician or dentist whose 
  market pay is evaluated under this paragraph shall receive written 
notice of the results of such evaluation in accordance with procedures 
 prescribed under section 7433 of this title. (7) No adjustment of the 
amount of market pay of a physician or dentist under paragraph (6) may 
 result in a reduction of the amount of market pay of the physician or 
    dentist while in the same position or assignment at the medical 
facility of the Department concerned, unless there is a change in board 
certification or reduction of privileges. (d) PERFORMANCE PAY.(1) 
  One element of pay for physicians and dentists shall be performance 
pay. (2) Performance pay shall be paid to a physician or dentist on the 
 basis of the physicians or dentists achievement of 
specific goals and performance objectives prescribed by the Secretary. 
 (3) The Secretary shall ensure that each physician and dentist of the 
 Department is advised of the specific goals or objectives that are to 
  be measured by the Secretary in determining the eligibility of that 
    physician or dentist for performance pay. (4) The amount of the 
performance pay payable to a physician or dentist may vary annually on 
   the basis of individual achievement or attainment of the goals or 
objectives applicable to the physician or dentist under paragraph (2). 
(5) The amount of performance pay payable to a physician or dentist in 
   a fiscal year shall be determined in accordance with regulations 
 prescribed by the Secretary, but may not exceed the lower of (A) 
$15,000; or (B) the amount equal to 7.5 percent of the sum of the base 
  pay and the market pay payable to such physician or dentist in that 
fiscal year. (6) A failure to meet goals or objectives applicable to a 
physician or dentist under paragraph (2) may not be the sole basis for 
  an adverse personnel action against that physician or dentist. (e) 
 REQUIREMENTS AND LIMITATIONS ON TOTAL PAY.(1)(A) Not less often 
     than once every two years, the Secretary shall prescribe for 
Department-wide applicability the minimum and maximum amounts of annual 
 pay that may be paid under this section to physicians and the minimum 
 and maximum amounts of annual pay that may be paid under this section 
   to dentists. (B) The Secretary may prescribe for Department-wide 
applicability under this paragraph separate minimum and maximum amounts 
   of pay for a specialty or assignment. If the Secretary prescribes 
separate minimum and maximum amounts for a specialty or assignment, the 
Secretary may establish up to four tiers of minimum and maximum amounts 
for such specialty or assignment and prescribe for each tier a minimum 
 amount and a maximum amount that the Secretary determines appropriate 
 for the professional responsibilities, professional achievements, and 
 administrative duties of the physicians or dentists (as the case may 
  be) whose pay is set within that tier. (C) Amounts prescribed under 
 this paragraph shall be published in the Federal Register, and shall 
 not take effect until at least 60 days after the date of publication. 
 (2) Except as provided in paragraph (3) and subject to paragraph (4), 
the sum of the total amount of the annual rate of base pay payable to a 
physician or dentist under subsection (b) and the market pay determined 
for the physician or dentist under subsection (c) may not be less than 
  the minimum amount, nor more than the maximum amount, applicable to 
  specialty or assignment of the physician or dentist under paragraph 
  (1). (3) The sum of the total amount of the annual rate of base pay 
 payable to a physician or dentist under subsection (b) and the market 
 pay determined for the physician or dentist under subsection (c) may 
exceed the maximum amount applicable to the specialty or assignment of 
    the physician or dentist under paragraph (1) as a result of an 
adjustment under paragraph (3) or (4) of subsection (b). (4) In no case 
  may the total amount of compensation paid to a physician or dentist 
 under this title in any year exceed the amount of annual compensation 
(excluding expenses) specified in section 102 of title 3. (f) TREATMENT 
OF PAY.Pay under subsections (b) and (c) of this section shall be 
 considered pay for all purposes, including retirement benefits under 
chapters 83 and 84 of title 5 and other benefits. (g) ANCILLARY EFFECTS 
   OF DECREASES IN PAY.(1) A decrease in pay of a physician or 
dentist resulting from an adjustment in the amount of market pay of the 
 physician or dentist under subsection (c) shall not be treated as an 
  adverse action. (2) If the pay of a physician or dentist is reduced 
  under this subchapter as a result of an involuntary reassignment in 
 connection with a disciplinary action taken against the physician or 
dentist, the involuntary reassignment shall be subject to appeal under 
            subchapter V of this chapter. (h) DELEGATION OF 
  RESPONSIBILITIES.The Secretary may delegate to an appropriate 
    officer or employee of the Department any responsibility of the 
      Secretary under subsection (c), (d), or (e) except for the 
responsibilities of the Secretary under subsection (e)(1). (Added Pub. 
 L. 108445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2636; amended 
Pub. L. 111163, title VI, Sec. 601(f), May 5, 2010, 124 Stat. 
1170.) ' 7432. Pay of Under Secretary for Health (a) BASE PAY.The 
base pay of the Under Secretary for Health shall be the annual rate of 
 basic pay for positions at Level III of the Executive Schedule under 
  section 5314 of title 5. (b) MARKET PAY.(1) In the case of an 
   Under Secretary for Health who is also a physician or dentist, in 
    addition to the base pay specified in subsection (a) the Under 
Secretary for Health may also be paid the market pay element of pay of 
 physicians and dentists under section 7431(c) of this title. (2) The 
   amount of market pay of the Under Secretary for Health under this 
 subsection shall be established by the Secretary. (3) In establishing 
 the amount of market pay of the Under Secretary for Health under this 
  subsection, the Secretary shall utilize an appropriate health care 
labor market selected by the Secretary for purposes of this subsection. 
 (c) TREATMENT OF PAY.Pay under this section shall be considered 
 pay for all purposes, including retirement benefits under chapters 83 
 and 84 of title 5 and other benefits. (Added Pub. L. 108445, 
   Sec. 3(b), Dec. 3, 2004, 118 Stat. 2640.) ' 7433. Administrative 
    matters (a) REGULATIONS.(1) The Secretary shall prescribe 
   regulations relating to the pay of physicians and dentists in the 
     Veterans Health Administration under this subchapter. (2) In 
prescribing the regulations, the Secretary shall take into account the 
recommendations of the Under Secretary for Health on the administration 
 of this subchapter. In formulating recommendations for the purpose of 
    this paragraph, the Under Secretary shall request the views of 
       representatives of labor organizations that are exclusive 
 representatives of physicians and dentists of the Department and the 
 views of representatives of professional organizations of physicians 
and dentists of the Department. (b) REPORTS.(1) Not later than 18 
   months after the Secretary prescribes the regulations required by 
   subsection (a), and annually thereafter for the next 5 years, the 
 Secretary shall submit to the Committees on Veterans Affairs 
   of the Senate and House of Representatives a report on the pay of 
  physicians and dentists in the Veterans Health Administration under 
 this subchapter. (2) Each report under this subsection shall include 
 the following: (A) A description of the rates of pay in effect during 
the current fiscal year with a comparison to the rates in effect during 
    the fiscal year preceding the current fiscal year, set forth by 
 facility and by specialty. (B) The number of physicians and dentists 
who left the Veterans Health Administration during the preceding fiscal 
   year. (C) The number of unfilled physician positions and dentist 
positions in each specialty in the Veterans Health Administration, the 
   average and maximum lengths of time that such positions have been 
 unfilled, and an assessment of the reasons that such positions remain 
  unfilled. (D) An assessment of the impact of implementation of this 
subchapter on efforts to recruit and retain physicians and dentists in 
 the Veterans Health Administration. (3) The first two annual reports 
   under this subsection shall also include a comparison of staffing 
 levels, contract expenditures, and average salaries of physicians and 
 dentists in the Veterans Health Administration for the current fiscal 
  year and for the fiscal year preceding the current fiscal year, set 
  forth by facility and by specialty. (Added Pub. L. 108445, 
  Sec. 3(b), Dec. 3, 2004, 118 Stat. 2640.) SUBCHAPTER IVPAY FOR 
NURSES AND OTHER HEALTH-CARE PERSONNEL ' 7451. Nurses and other health-
   care personnel: competitive pay (a)(1) It is the purpose of this 
 section to ensure, by a means providing increased responsibility and 
 authority to directors of Department health-care facilities, that the 
  rates of basic pay for health-care personnel positions described in 
 paragraph (2) in each Department health-care facility (including the 
 rates of basic pay of personnel employed in such positions on a part-
time basis) are sufficient for that facility to be competitive, on the 
 basis of pay and other employee benefits, with non-Department health-
 care facilities in the same labor-market area in the recruitment and 
 retention of qualified personnel for those positions. (2) The health-
 care personnel positions referred to in paragraph (1) (hereinafter in 
            this section referred to as covered 
 positions) are the following: (A) Registered nurse. 
  (B) Such positions referred to in paragraphs (1) and (3) of section 
7401 of this title (other than the positions of physician, dentist, and 
       registered nurse) as the Secretary may determine upon the 
  recommendation of the Under Secretary for Health. (3)(A) Except as 
   provided in subparagraph (B), the rates of basic pay for covered 
   positions in the Department shall be established and adjusted in 
 accordance with this section instead of subsection (b)(1) of section 
7404 of this title or chapter 53 of title 5. (B) Under such regulations 
  as the Secretary shall prescribe, the Secretary shall establish and 
 adjust the rates of basic pay for covered positions at the following 
  health-care facilities in order to provide rates of basic pay that 
   enable the Secretary to recruit and retain sufficient numbers of 
 health-care personnel in such positions at those facilities: (i) The 
 Veterans Memorial Medical Center in the Republic of the Philippines. 
  (ii) Department of Veterans Affairs health-care facilities located 
 outside the contiguous States, Alaska, and Hawaii. (4) The Secretary, 
 after receiving the recommendation of the Under Secretary for Health, 
 shall prescribe regulations setting forth criteria and procedures to 
carry out this section and section 7452 of this title. Requirements in 
such regulations for directors to provide and maintain documentation of 
 actions taken under this section shall require no more documentation 
  than the minimum essential for responsible administration. (b) The 
 Secretary shall maintain the five grade levels for nurses employed by 
the Department under section 7401(1) of this title as specified in the 
 Nurse Schedule in section 7404(b) of this title. The Secretary shall, 
   pursuant to regulations prescribed to carry out this subchapter, 
establish grades for other covered positions as the Secretary considers 
 appropriate. (c)(1) For each grade in a covered position, there shall 
  be a range of basic pay. The maximum rate of basic pay for a grade 
 shall be 133 percent of the minimum rate of basic pay for the grade, 
except that, if the Secretary determines that a higher maximum rate is 
necessary with respect to any such grade in order to recruit and retain 
    a sufficient number of high-quality health-care personnel, the 
 Secretary may raise the maximum rate of basic pay for that grade to a 
rate not in excess of 175 percent of the minimum rate of basic pay for 
  the grade. Whenever the Secretary exercises the authority under the 
preceding sentence to establish the maximum rate of basic pay at a rate 
   in excess of 133 percent of the minimum rate for that grade, the 
Secretary shall, in the next annual report required by subsection (g), 
        provide justification for doing so to the Committees on 
 Veterans Affairs of the Senate and House of Representatives. 
(2) The maximum rate of basic pay for any grade for a covered position 
may not exceed the maximum rate of basic pay established for positions 
 in level IV of the Executive Schedule under section 5316 of title 5. 
The maximum rate of basic pay for a grade for the position of certified 
registered nurse anesthetist pursuant to an adjustment under subsection 
  (d) may exceed the maximum rate otherwise provided in the preceding 
   sentence. (3) The range of basic pay for each such grade shall be 
                divided into equal increments, known as 
steps. The Secretary shall prescribe the 
 number of steps. Each grade in a covered position shall have the same 
number of steps. Rates of pay within a grade may not be established at 
 rates other than whole steps. Any increase (other than an adjustment 
 under subsection (d)) within a grade in the rate of basic pay payable 
 to an employee in a covered position shall be by one or more of such 
 step increments. (d)(1) Subject to subsection (e), the rates of basic 
pay for each grade in a covered position shall be adjusted periodically 
in accordance with this subsection in order to achieve the purposes of 
this section. Such adjustments shall be made (A) whenever there is 
 an adjustment under section 5303 of title 5 in the rates of pay under 
the General Schedule, with the adjustment under this subsection to have 
    the same effective date and to be by the same percentage as the 
 adjustment in the rates of basic pay under the General Schedule; and 
  (B) at such additional times as the director of a Department health-
    care facility, with respect to employees in that grade at that 
 facility, or the Under Secretary for Health, with respect to covered 
Regional and Central Office employees in that grade, determines. (2) An 
  adjustment in rates of basic pay under this subsection for a grade 
  shall be carried out by adjusting the amount of the minimum rate of 
  basic pay for that grade in accordance with paragraph (3) and then 
adjusting the other rates for that grade to conform to the requirements 
  of subsection (c). Except as provided in paragraph (1)(A), such an 
 adjustment in the minimum rate of basic pay for a grade shall be made 
 by the director of a Department health-care facility so as to achieve 
 consistency with the beginning rate of compensation for corresponding 
   health-care professionals in the Bureau of Labor Statistics (BLS) 
labor-market area of that facility. (3)(A) In the case of a Department 
  health-care facility located in an area for which there is current 
information, based upon an industry-wage survey by the Bureau of Labor 
  Statistics for that labor market, on compensation for corresponding 
    health-care professionals for the BLS labor-market area of that 
    facility, the director of the facility concerned shall use that 
 information as the basis for making adjustments in rates of pay under 
 this subsection. Whenever the Bureau of Labor Statistics releases the 
   results of a new industry-wage survey for that labor market that 
  includes information on compensation for corresponding health-care 
professionals, the director of that facility shall determine, not later 
 than 30 days after the results of the survey are released, whether an 
   adjustment in rates of pay for employees at that facility for any 
  covered position is necessary in order to meet the purposes of this 
    section. If the director determines that such an adjustment is 
necessary, the adjustment, based upon the information determined in the 
  survey, shall take effect on the first day of the first pay period 
  beginning after that determination. (B) In the case of a Department 
 health-care facility located in an area for which the Bureau of Labor 
   Statistics does not have current information on compensation for 
 corresponding health-care professionals for the labor-market area of 
 that facility for any covered position, the director of that facility 
 shall conduct a survey in accordance with this subparagraph and shall 
 adjust the amount of the minimum rate of basic pay for grades in that 
covered position at that facility based upon that survey. To the extent 
 practicable, the director shall use third-party industry wage surveys 
  to meet the requirements of the preceding sentence. Any such survey 
  shall be conducted in accordance with regulations prescribed by the 
 Secretary. Those regulations shall be developed in consultation with 
   the Secretary of Labor in order to ensure that the director of a 
    facility collects information that is valid and reliable and is 
consistent with standards of the Bureau. The survey should be conducted 
   using methodology comparable to that used by the Bureau in making 
industry-wage surveys except to the extent determined infeasible by the 
Secretary. To the extent practicable, all surveys conducted pursuant to 
 this subparagraph or subparagraph (A) shall include the collection of 
salary midpoints, actual salaries, lowest and highest salaries, average 
salaries, bonuses, incentive pays, differential pays, actual beginning 
rates of pay, and such other information needed to meet the purpose of 
  this section. Upon conducting a survey under this subparagraph, the 
 director concerned shall determine, not later than 30 days after the 
   date on which the collection of information through the survey is 
   completed or published, whether an adjustment in rates of pay for 
  employees at that facility for any covered position is necessary in 
order to meet the purposes of this section. If the director determines 
 that such an adjustment is necessary, the adjustment, based upon the 
 information determined in the survey, shall take effect on the first 
day of the first pay period beginning after that determination. (C)(i) 
  A director of a Department health-care facility may use data on the 
 compensation paid to certified registered nurse anesthetists who are 
employed on a salary basis by entities that provide anesthesia services 
  through certified registered nurse anesthetists in the labor-market 
     area only if the director (I) has conducted a survey of 
 compensation for certified registered nurse anesthetists in the local 
labor-market area of the facility under subparagraph (B); (II) has used 
  all available administrative authority with regard to collection of 
    survey data; and (III) makes a determination (under regulations 
prescribed by the Secretary) that such survey methods are insufficient 
  to permit the adjustments referred to in subparagraph (B) for such 
 nurse anesthetists employed by the facility. (ii) For the purposes of 
 this subparagraph, certified registered nurse anesthetists who are so 
 employed by such entities shall be deemed to be corresponding health-
   care professionals to the certified registered nurse anesthetists 
  employed by the facility. (D) The Under Secretary for Health shall 
  prescribe regulations providing for the adjustment of the rates of 
    basic pay for Regional and Central Office employees in covered 
   positions in order to assure that those rates are sufficient and 
  competitive. (E) The director of a facility or Under Secretary for 
Health may not adjust rates of basic pay under this subsection for any 
   pay grade so that the minimum rate of basic pay for that grade is 
  greater than the beginning rates of compensation for corresponding 
   positions at non-Department health-care facilities. (F) The Under 
Secretary for Health shall provide appropriate education, training, and 
   support to directors of Department health care facilities in the 
 conduct and use of surveys, including the use of third-party surveys, 
 under this paragraph. (4) If the director of a Department health-care 
 facility, or the Under Secretary for Health with respect to Regional 
   and Central Office employees, determines, after any survey under 
paragraph (3)(B), that it is not necessary to adjust the rates of basic 
pay for employees in a grade of a covered position at that facility in 
order to carry out the purpose of this section, such an adjustment for 
    employees at that facility in that grade shall not be made. (5) 
Information collected by the Department in surveys conducted under this 
 subsection is not subject to disclosure under section 552 of title 5. 
(6) In this subsection (A) The term beginning rate of 
 compensation, with respect to health-care personnel 
 positions in non-Department health-care facilities corresponding to a 
grade of a covered position, means the sum of (i) the minimum rate 
of pay established for personnel in such positions who have education, 
   training, and experience equivalent or similar to the education, 
training, and experience required for health-care personnel employed in 
   the same category of Department covered positions; and (ii) other 
employee benefits for those positions to the extent that those benefits 
               are reasonably quantifiable. (B) The term 
  corresponding, with respect to health-
  care personnel positions in non-Department health-care facilities, 
means those positions for which the education, training, and experience 
requirements are equivalent or similar to the education, training, and 
    experience requirements for health-care personnel positions in 
 Department health-care facilities. (e)(1) An adjustment in a rate of 
  basic pay under subsection (d) may not reduce the rate of basic pay 
 applicable to any grade of a covered position. (2) The director of a 
Department health-care facility, in determining whether to carry out a 
wage survey under subsection (d)(3) with respect to rates of basic pay 
for a grade of a covered position, may not consider as a factor in such 
determination the absence of a current recruitment or retention problem 
 for personnel in that grade of that position. The director shall make 
 such a determination based upon whether, in accordance with criteria 
   established by the Secretary, there is a significant pay-related 
 staffing problem at that facility in any grade for a position. If the 
   director determines that there is such a problem, or that such a 
   problem is likely to exist in the near future, the Director shall 
provide for a wage survey in accordance with subsection (d)(3). (3) The 
 Under Secretary for Health may, to the extent necessary to carry out 
 the purposes of subsection (d), modify any determination made by the 
director of a Department health-care facility with respect to adjusting 
    the rates of basic pay applicable to covered positions. If the 
determination of the director would result in an adjustment in rates of 
  basic pay applicable to covered positions, any action by the Under 
    Secretary under the preceding sentence shall be made before the 
 effective date of such pay adjustment. Upon such action by the Under 
  Secretary, any adjustment shall take effect on the first day of the 
   first pay period beginning after such action. The Secretary shall 
ensure that the Under Secretary establishes a mechanism for the timely 
  exercise of the authority in this paragraph. (4) Each director of a 
  Department health-care facility shall provide to the Secretary, not 
    later than July 31 each year, a report on staffing for covered 
positions at that facility. The report shall include the following: (A) 
   Information on turnover rates and vacancy rates for each covered 
position, including a comparison of those rates with the rates for the 
 preceding three years. (B) The directors findings concerning 
the review and evaluation of the facilitys staffing situation, 
  including whether there is, or is likely to be, in accordance with 
   criteria established by the Secretary, a significant pay-related 
staffing problem at that facility for any covered position and, if so, 
whether a wage survey was conducted, or will be conducted with respect 
to that position. (C) In any case in which the director conducts such a 
   wage survey during the period covered by the report, information 
 describing the survey and any actions taken or not taken based on the 
survey, and the reasons for taking (or not taking) such actions. (D) In 
 any case in which the director conducts such a wage survey during the 
period covered by the report and makes adjustment in rates of basic pay 
     applicable to one or more covered positions at the facility, 
   information on the methodology used in making such adjustment or 
adjustments. (E) In any case in which the director, after finding that 
 there is, or is likely to be, in accordance with criteria established 
 by the Secretary, a significant pay-related staffing problem at that 
  facility for any covered position, determines not to conduct a wage 
 survey with respect to that position, a statement of the reasons why 
    the director did not conduct such a survey. (5) Not later than 
September 30 of each year, the Secretary shall submit to the Committees 
on Veterans Affairs of the Senate and House of Representatives 
 a report on staffing for covered positions at Department health care 
facilities. Each such report shall include the following: (A) A summary 
 and analysis of the information contained in the most recent reports 
     submitted by facility directors under paragraph (4). (B) The 
 information for each such facility specified in paragraph (4). (6)(A) 
 Upon the request of an individual described in subparagraph (B) for a 
   report provided under paragraph (4) with respect to a Department 
health-care facility, the Under Secretary for Health or the director of 
 such facility shall provide to the individual the most current report 
  for such facility provided under such paragraph. (B) An individual 
 described in this subparagraph is (i) an individual in a covered 
position at a Department health-care facility; or (ii) a representative 
     of the labor organization representing that individual who is 
designated by that individual to make the request. (f) For the purposes 
           of this section, the term health-care 
   facility means a medical center, an independent 
outpatient clinic, or an independent domiciliary facility. (Added Pub. 
L. 101366, title I, Sec. 102(b), Aug. 15, 1990, 104 Stat. 431, 
  Sec. 4141; renumbered Sec. 7451 and amended Pub. L. 10240, 
 title III, Sec. 301(b), (c), title IV, Sec. 401(c)(1)(A), (2), May 7, 
  1991, 105 Stat. 208, 238; Pub. L. 102405, title III, Sec. 
302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102585, title 
      III, Sec. 301(b)-303, 304(b), 307, Nov. 4, 1992, 106 Stat. 
49514953; Pub. L. 103446, title XII, Sec. 1201(c)(7), 
 (e)(23), Nov. 2, 1994, 108 Stat. 4684, 4686; Pub. L. 104110, 
      title I, Sec. 101(i), Feb. 13, 1996, 110 Stat. 768; Pub. L. 
 106419, title II, Sec. 201(a), Nov. 1, 2000, 114 Stat. 1838; 
 Pub. L. 107135, title I, Sec. 133, Jan. 23, 2002, 115 Stat. 
  2454; Pub. L. 111163, title V, Sec. 501(a), title VI, Sec. 
 601(g), (h), (j), May 5, 2010, 124 Stat. 1157, 1170.) ' 7452. Nurses 
     and other health-care personnel: administration of pay (a)(1) 
   Regulations prescribed under section 7451(a) of this title shall 
provide that whenever an employee in a covered position is given a new 
  duty assignment which is a promotion, the rate of basic pay of that 
    employee shall be increased at least one step increment in that 
employees grade. (2) A nurse serving in a head nurse position 
shall while so serving receive basic pay at a rate two step increments 
above the rate that would otherwise be applicable to the nurse. If such 
      a nurse is in the highest or next-to-highest step for that 
   nurses grade, the preceding sentence shall be applied by 
extrapolation to create additional steps only for the purposes of this 
paragraph. The limitation in section 7451(c)(1) of this title shall not 
apply with respect to increased basic pay under this paragraph. (3) An 
employee in a covered position who is promoted to the next higher grade 
 shall be paid in that grade at a step having a rate of basic pay that 
 is greater than the rate of basic pay applicable to the employee in a 
covered position on the day before the effective date of the promotion. 
    (b)(1) Under regulations which the Secretary prescribes for the 
  administration of this section, the director of a Department health-
care facility (A) shall pay a cash bonus (in an amount to be determined 
   by the director not to exceed $2,000) to an employee in a covered 
    position at that facility who becomes certified in a specialty 
 recognized by the Department, and (B) may provide such a bonus to an 
  employee in such a position who has demonstrated both exemplary job 
    performance and exemplary job achievement. The authority of the 
 Secretary under this subsection is in addition to any other authority 
    of the Secretary to provide job performance incentives. (2) The 
 Secretary shall include in the annual report under section 7451(g) of 
  this title a discussion of the use during the period covered by the 
 report of the payment of bonuses under this subsection and other job 
performance incentives available to the Secretary. (c)(1) The Secretary 
shall provide (in regulations prescribed for the administration of this 
  section) that the director of a Department health-care facility, in 
  making a new appointment of a person under section 7401(1) of this 
   title as an employee in a covered position for employment at that 
   facility, may make that appointment at a rate of pay described in 
paragraph (3) without being subject to a requirement for prior approval 
 at any higher level of authority within the Department in any case in 
which the director determines that it is necessary to do so in order to 
obtain the services of employees in covered positions in cases in which 
vacancies exist at that health-care facility. (2) Such a determination 
may be made by the director of a health-care facility only in order to 
    recruit employees in covered positions with specialized skills, 
  especially employees with skills which are especially difficult or 
demanding. (3) A rate of pay referred to in paragraph (1) is a rate of 
basic pay in excess of the minimum rate of basic pay applicable to the 
   grade in which the appointment is made (but not in excess of the 
maximum rate of basic pay for that grade). (4) Whenever the director of 
a health-care facility makes an appointment described in paragraph (1) 
   without prior approval at a higher level of authority within the 
Department, the director shall (A) state in a document the reasons 
 for employing the employee in a covered position at a rate of pay in 
  excess of the minimum rate of basic pay applicable to the grade in 
which the employee is appointed (and retain that document on file); and 
  (B) in the first budget documents submitted to the Secretary by the 
director after the employee is employed, include documentation for the 
need for such increased rates of basic pay described in clause (A). (5) 
 Whenever the director of a health-care facility makes an appointment 
described in paragraph (1) on the basis of a determination described in 
 paragraph (2), the covered employee appointed may continue to receive 
 pay at a rate higher than that which would otherwise be applicable to 
  that employee only so long as the employee continues to serve in a 
  position requiring the specialized skills with respect to which the 
  determination was made. (d) Whenever the director of a health-care 
   facility makes an appointment described in subsection (c)(1), the 
director may (without a regard to any requirement for prior approval at 
any higher level of authority within the Department) increase the rate 
of pay of other employees in the same covered position at that facility 
 who are in the grade in which the appointment is made and are serving 
 in a position requiring the specialized skills with respect to which 
 the determination under subsection (c)(2) concerning the appointment 
 was made. Any such increase shall continue in effect with respect to 
any employee only so long as the employee continues to serve in such a 
position. (e) An employee in a covered position employed under section 
  7401(1) of this title who (without a break in employment) transfers 
from one Department health-care facility to another may not be reduced 
in grade or step within grade (except pursuant to a disciplinary action 
otherwise authorized by law) if the duties of the position to which the 
employee transfers are similar to the duties of the position from which 
the employee transferred. The rate of basic pay of such employee shall 
 be established at the new health-care facility in a manner consistent 
 with the practices at that facility for an employee of that grade and 
step, except that in the case of an employee whose transfer (other than 
   pursuant to a disciplinary action otherwise authorized by law) to 
 another health-care facility is at the request of the Secretary, the 
 Secretary may provide that for at least the first year following such 
 transfer the employee shall be paid at a rate of basic pay up to the 
rate applicable to such employee before the transfer, if the Secretary 
  determines that such rate of pay is necessary to fill the position. 
  Whenever the Secretary exercises the authority under the preceding 
 sentence relating to the rate of basic pay of a transferred employee, 
 the Secretary shall, in the next annual report required under section 
7451(g) of this title, provide justification for doing so. (f) In this 
 section, the term covered position has 
 the meaning given that term in section 7451 of this title. (g)(1) In 
     order to recruit and retain highly qualified Department nurse 
     executives, the Secretary may, in accordance with regulations 
prescribed by the Secretary, pay special pay to the nurse executive at 
each location as follows: (A) Each Department health care facility. (B) 
   The Central Office. (2) The amount of special pay paid to a nurse 
 executive under paragraph (1) shall be not less than $10,000 or more 
than $100,000. (3) The amount of special pay paid to a nurse executive 
under paragraph (1) shall be based on factors such as the grade of the 
    nurse executive position, the scope and complexity of the nurse 
executive position, the personal qualifications of the nurse executive, 
 the characteristics of the health care facility concerned, the nature 
    and number of specialty care units at the health care facility 
 concerned, demonstrated difficulties in recruitment and retention of 
nurse executives at the health care facility concerned, and such other 
factors as the Secretary considers appropriate. (4) Special pay paid to 
a nurse executive under paragraph (1) shall be in addition to any other 
 pay (including basic pay) and allowances to which the nurse executive 
 is entitled, and shall be considered pay for all purposes, including 
  retirement benefits under chapters 83 and 84 of title 5, and other 
benefits, but shall not be considered basic pay for purposes of adverse 
      actions under sub-chapter V of this chapter. (Added Pub. L. 
 101366, title I, Sec. 102(b), Aug. 15, 1990, 104 Stat. 435, 
  Sec. 4142; renumbered Sec. 7452 and amended Pub. L. 10240, 
title III, Sec. 301(d), title IV, Sec. 401(c)(1)(A), (3), May 7, 1991, 
 105 Stat. 208, 238; Pub. L. 102585, title III, Sec. 304(a), 
Nov. 4, 1992, 106 Stat. 4952; Pub. L. 108445, Sec. 5, Dec. 3, 
 2004, 118 Stat. 2645; Pub. L. 111163, title VI, Sec. 601(i), 
  May 5, 2010, 124 Stat. 1170.) ' 7453. Nurses: additional pay (a) In 
  addition to the rate of basic pay provided for nurses, a full-time 
 nurse or part-time nurse shall receive additional pay as provided by 
  this section. (b) A nurse performing service, any part of which is 
  within the period commencing at 6 postmeridian and ending at 6 ante-
meridian, shall receive additional pay for each hour of such service at 
a rate equal to 10 percent of the nurses hourly rate of basic 
pay if at least four hours of such service fall between 6 postmeridian 
  and 6 antemeridian. When less than four hours of such service fall 
between 6 postmeridian and 6 antemeridian, the nurse shall be paid the 
 differential for each hour of service performed between those hours. 
(c) A nurse performing service, any part of which is within the period 
  commencing at midnight Friday and ending at midnight Sunday, shall 
receive additional pay for each hour of such service at a rate equal to 
  25 percent of such nurses hourly rate of basic pay. (d) A 
nurse performing service on a holiday designated by Federal statute or 
    Executive order shall receive for each hour of such service the 
nurses hourly rate of basic pay, plus additional pay at a rate 
   equal to such hourly rate of basic pay, for that holiday service, 
 including overtime service. Any service required to be performed by a 
 nurse on such a designated holiday shall be deemed to be a minimum of 
two hours in duration. (e)(1) A nurse performing officially ordered or 
 approved hours of service in excess of 40 hours in an administrative 
   workweek, or in excess of eight consecutive hours, shall receive 
  overtime pay for each hour of such additional service. The overtime 
rates shall be one and one-half times such nurses hourly rate 
of basic pay. (2) For the purposes of this subsection, overtime must be 
of at least 15 minutes duration in a day to be creditable for overtime 
  pay. (3) Compensatory time off in lieu of pay for service performed 
under the provisions of this subsection shall not be permitted, except 
 as voluntarily requested in writing by the nurse in question. (4) Any 
 excess service performed under this subsection on a day when service 
 was not scheduled for such nurse, or for which such nurse is required 
 to return to the nurses place of employment, shall be deemed 
to be a minimum of two hours in duration. (5) For the purposes of this 
   subsection, the period of a nurses officially ordered or 
approved travel away from such nurses duty station may not be 
 considered to be hours of service unless (A) such travel occurs 
during such nurses period of service; or (B) such travel 
   (i) involves the performance of services while traveling, (ii) is 
  incident to travel that involves the performance of services while 
traveling, (iii) is carried out under arduous conditions as determined 
  by the Secretary, or (iv) results from an event which could not be 
   scheduled or controlled administratively. (f) For the purpose of 
 computing the additional pay provided by subsection (b), (c), (d), or 
  (e), a nurses hourly rate of basic pay shall be derived by 
 dividing such nurses annual rate of basic pay by 2,080. (g) 
 When a nurse is entitled to two or more forms of additional pay under 
 subsection (b), (c), (d), or (e) for the same period of service, the 
  amounts of such additional pay shall be computed separately on the 
basis of such nurses hourly rate of basic pay, except that no 
    overtime pay as provided in subsection (e) shall be payable for 
 overtime service performed on a holiday designated by Federal statute 
or Executive order in addition to pay received under subsection (d) for 
  such service. (h) A nurse who is officially scheduled to be on call 
 outside such nurses regular hours or on a holiday designated 
 by Federal statute or Executive order shall be paid for each hour of 
  such on-call duty, except for such time as such nurse may be called 
  back to work, at a rate equal to 10 percent of the hourly rate for 
 excess service as provided in subsection (e). (i) Any additional pay 
paid pursuant to this section shall not be considered as basic pay for 
  the purposes of the following provisions of title 5 (and any other 
    provision of law relating to benefits based on basic pay): (1) 
Subchapter VI of chapter 55. (2) Section 5595. (3) Chapters 81, 83, 84, 
 and 87. (j)(1) Notwithstanding any other provision of law and subject 
 to paragraph (2), the Secretary may increase the rates of additional 
   pay authorized under subsections (b) through (h) if the Secretary 
 determines that it is necessary to do so in order to obtain or retain 
the services of nurses. (2) An increase under paragraph (1) in rates of 
 additional pay (A) may be made at any specific Department health-
care facility in order to provide nurses, or any category of nurses, at 
  such facility additional pay in an amount competitive with, but not 
exceeding, the amount of the same type of pay that is paid to the same 
 category of nurses at non-Federal health-care facilities in the same 
 geographic area as such Department health-care facility (based upon a 
reasonably representative sampling of such non-Federal facilities); and 
 (B) may be made on a nationwide, local, or other geographic basis if 
the Secretary finds that such an increase is justified on the basis of 
    a review of the need for such increase (based upon a reasonably 
 representative sampling of non-Federal health-care facilities in the 
  geographic area involved). (Added Pub. L. 10240, title IV, 
      Sec. 401(b)(4), May 7, 1991, 105 Stat. 232; amended Pub. L. 
103446, title XII, Sec. 1201(e)(24), (g)(6), Nov. 2, 1994, 108 
 Stat. 4686, 4687; Pub. L. 111163, title VI, Sec. 601(k)(1), 
 May 5, 2010, 124 Stat. 1171.) ' 7454. Physician assistants and other 
health care professionals: additional pay (a) Physician assistants and 
 expanded-function dental auxiliaries shall be entitled to additional 
 pay on the same basis as provided for nurses in section 7453 of this 
title. (b)(1) When the Secretary determines it to be necessary in order 
to obtain or retain the services of individuals in positions listed in 
  section 7401(3) of this title, the Secretary may, on a nationwide, 
    local, or other geographic basis, pay persons employed in such 
 positions additional pay on the same basis as provided for nurses in 
 section 7453 of this title. (2) Health care professionals employed in 
positions referred to in paragraph (1) shall be entitled to additional 
pay on the same basis as provided for nurses in section 7453(c) of this 
    title. (3) Employees appointed under section 7408 of this title 
 performing service on a tour of duty, any part of which is within the 
  period commencing at midnight Friday and ending at midnight Sunday, 
   shall receive additional pay in addition to the rate of basic pay 
provided such employees for each hour of service on such tour at a rate 
  equal to 25 percent of such employees hourly rate of basic 
  pay. (c) The Secretary shall prescribe by regulation standards for 
      compensation and payment under this section. (Added Pub. L. 
 10240, title IV, Sec. 401(b)(4), May 7, 1991, 105 Stat. 234; 
Pub. L. 107135, title I, Sec. 121(a), Jan. 23, 2002, 115 Stat. 
2450; Pub. L. 108170, title III, Secs. 301(d), 303(a), Dec. 6, 
  2003, 117 Stat. 2057, 2058; Pub. L. 111163, title VI, Sec. 
601(k)(2), May 5, 2010, 124 Stat. 1171.) ' 7455. Increases in rates of 
  basic pay (a)(1) Subject to subsections (b), (c), and (d), when the 
 Secretary determines it to be necessary in order to obtain or retain 
 the services of persons described in paragraph (2), the Secretary may 
   increase the minimum, intermediate, or maximum rates of basic pay 
 authorized under applicable statutes and regulations. Any increase in 
  such rates of basic pay (A) may be made on a nationwide basis, 
 local basis, or other geographic basis; and (B) may be made (i) 
  for one or more of the grades listed in the schedules in subsection 
   (b)(1) of section 7404 of this title; (ii) for one or more of the 
health personnel fields within such grades; or (iii) for one or more of 
 the grades of the General Schedule under section 5332 of title 5. (2) 
  Paragraph (1) applies to the following: (A) Individuals employed in 
  positions listed in paragraphs (1) and (3) of section 7401 of this 
   title. (B) Health-care personnel who (i) are employed in the 
Administration (other than administrative, clerical, and physical plant 
maintenance and protective services employees); (ii) are paid under the 
    General Schedule pursuant to section 5332 of title 5; (iii) are 
determined by the Secretary to be providing either direct patient-care 
services or services incident to direct patient-care services; and (iv) 
would not otherwise be available to provide medical care and treatment 
    for veterans. (C) Employees who are Department police officers 
 providing services under section 902 of this title. (b) Increases in 
rates of basic pay may be made under subsection (a) only in order 
 (1) to provide pay in an amount competitive with, but not exceeding, 
    the amount of the same type of pay paid to the same category of 
 personnel at non-Federal facilities in the same labor market; (2) to 
 achieve adequate staffing at particular facilities; or (3) to recruit 
 personnel with specialized skills, especially those with skills which 
are especially difficult or demanding. (c)(1) Subject to paragraph (2), 
the amount of any increase under subsection (a) in the minimum rate for 
 any grade may not (except in the case of nurse anesthetists, licensed 
    practical nurses, licensed vocational nurses, nursing positions 
   otherwise covered by title 5, pharmacists, and licensed physical 
    therapists) exceed the maximum rate of basic pay (excluding any 
 locality-based comparability payment under section 5304 of title 5 or 
   similar provision of law) for the grade or level by more than 30 
percent. (2) No rate may be established under this section in excess of 
 the rate of basic pay payable for level IV of the Executive Schedule. 
(d)(1) In the exercise of the authority provided in subsection (a) with 
respect to personnel described in subparagraph (B) or (C) of paragraph 
   (2) of that subsection to increase the rates of basic pay for any 
 category of personnel not appointed under subchapter I, the Secretary 
 shall, not less than 45 days before the effective date of a proposed 
increase, notify the President of the Secretarys intention to 
 provide such an increase. (2) Such a proposed increase shall not take 
  effect if, before the effective date of the proposed increase, the 
   President disapproves such increase and provides the appropriate 
      committees of the Congress with a written statement of the 
 Presidents reasons for such disapproval. (3) If, before that 
effective date, the President approves such increase, the Secretary may 
advance the effective date to any date not earlier than the date of the 
Presidents approval. (Added Pub. L. 10240, title IV, 
      Sec. 401(b)(4), May 7, 1991, 105 Stat. 234; amended Pub. L. 
  10283, Sec. 2(c)(7), Aug. 6, 1991, 105 Stat. 402; Pub. L. 
102405, title II, Sec. 201, title III, Sec. 302(c)(1), Oct. 9, 
 1992, 106 Stat. 1983, 1984; Pub. L. 106 419, title II, Sec. 
 203, Nov. 1, 2000, 114 Stat. 1841; Pub. L. 111163, title VI, 
  Sec. 601(l), May 5, 2010, 124 Stat. 1172.) ' 7456. Nurses: special 
rules for weekend duty (a) Subject to subsection (b), if the Secretary 
determines it to be necessary in order to obtain or retain the services 
  of nurses at any Department health-care facility, the Secretary may 
    provide, in the case of nurses appointed under this chapter and 
  employed at such facility, that such nurses who work two regularly 
    scheduled 12-hour tours of duty within the period commencing at 
 midnight Friday and ending at midnight the following Sunday shall be 
considered for all purposes (except computation of full-time equivalent 
  employees for the purposes of determining compliance with personnel 
 ceilings) to have worked a full 40-hour basic workweek. (b)(1) Basic 
 and additional pay for a nurse who is considered under subsection (a) 
   to have worked a full 40-hour basic workweek shall be subject to 
  paragraphs (2) and (3). (2) The hourly rate of basic pay for such a 
 nurse for service performed as part of a regularly scheduled 12-hour 
tour of duty within the period commencing at midnight Friday and ending 
   at midnight the following Sunday shall be derived by dividing the 
nurses annual rate of basic pay by 1,248. (3)(A) Such a nurse 
  who performs a period of service in excess of such nurses 
 regularly scheduled two 12-hour tours of duty is entitled to overtime 
 pay under section 7453(e) of this title, or other applicable law, for 
  officially ordered or approved service performed in excess of eight 
hours on a day other than a Saturday or Sunday or in excess of 24 hours 
within the period commencing at midnight Friday and ending at midnight 
  the following Sunday. (B) Except as provided in subparagraph (C), a 
    nurse to whom this subsection is applicable is not entitled to 
 additional pay under section 7453 of this title, or other applicable 
 law, for any period included in a regularly scheduled 12-hour tour of 
  duty. (C) If the Secretary determines it to be further necessary in 
   order to obtain or retain the services of nurses at a particular 
  facility, a nurse to whom this paragraph is applicable who performs 
 service in excess of such nurses regularly scheduled two 12-
 hour tours of duty may be paid overtime pay under section 7453(e) of 
 this title, or other applicable law, for all or part of the hours of 
   officially ordered or approved service performed by such nurse in 
excess of 40 hours during an administrative workweek. (c) The Secretary 
  shall prescribe regulations for the implementation of this section. 
 (Added Pub. L. 10240, title IV, Sec. 401(b)(4), May 7, 1991, 
105 Stat. 235; amended Pub. L. 111163, title VI, Sec. 602(b), 
May 5, 2010, 124 Stat. 1173.) ' 7456A. Nurses: alternate work schedules 
   (a) APPLICABILITY.This section applies to registered nurses 
   appointed under this chapter. (b) 72/80 WORK SCHEDULE.(1)(A) 
    Subject to paragraph (2), if the Secretary determines it to be 
   necessary in order to obtain or retain the services of registered 
   nurses at any Department health-care facility, the Secretary may 
  provide, in the case of nurses employed at such facility, that such 
nurses who work six regularly scheduled 12-hour tours of duty within a 
  14-day period shall be considered for all purposes to have worked a 
 full 80-hour pay period. (B) A nurse who works under the authority in 
   subparagraph (A) shall be considered a 0.90 full-time equivalent 
 employee in computing full-time equivalent employees for the purposes 
  of determining compliance with personnel ceilings. (2)(A) Basic and 
  additional pay for a nurse who is considered under paragraph (1) to 
have worked a full 80-hour pay period shall be subject to subparagraphs 
 (B) and (C). (B) The hourly rate of basic pay for a nurse covered by 
 this paragraph for service performed as part of a regularly scheduled 
36-hour tour of duty within the work week shall be derived by dividing 
    the nurses annual rate of basic pay by 1,872. (C) The 
 Secretary shall pay overtime pay to a nurse covered by this paragraph 
      who (i) performs a period of service in excess of such 
  nurses regularly scheduled 36-hour tour of duty within an 
   administrative work week; (ii) for officially ordered or approved 
  service, performs a period of service in excess of 8 hours on a day 
 other than a day on which such nurses regularly scheduled 12-
 hour tour of duty falls; (iii) performs a period of service in excess 
  of 12 hours for any day included in the regularly scheduled 36-hour 
tour of duty work week; or (iv) performs a period of service in excess 
 of 40 hours during an administrative work week. (D) The Secretary may 
  provide a nurse to whom this subsection applies with additional pay 
under section 7453 of this title for any period included in a regularly 
 scheduled 12-hour tour of duty. (3) A nurse who works a work schedule 
 described in this subsection who is absent on approved sick leave or 
 annual leave during a scheduled 12-hour tour of duty shall be charged 
for such leave at a rate of ten hours of leave for every nine hours of 
  absence. (c) HOLIDAY PAY.A nurse working a work schedule under 
 subsection (b) that includes a holiday designated by law or Executive 
 order shall be eligible for holiday pay under section 7453(d) of this 
title for any service performed by the nurse on such holiday under such 
  section. (d) 9-MONTH WORK SCHEDULE FOR CERTAIN NURSES.(1) The 
Secretary may authorize a registered nurse appointed under section 7405 
 of this title, with the nurses written consent, to work full 
time for nine months with 3 months off duty, within a fiscal year, and 
 be paid at 75 percent of the full-time rate for such nurses 
 grade for each pay period of such fiscal year. (2) A nurse who works 
 under the authority in paragraph (1) shall be considered a 0.75 full-
 time equivalent employee in computing full-time equivalent employees 
for the purposes of determining compliance with personnel ceilings. (3) 
 Work under this subsection shall be considered part-time service for 
purposes of computing benefits under chapters 83 and 84 of title 5. (4) 
    A nurse who works under the authority in paragraph (1) shall be 
considered a full-time employee for purposes of chapter 89 of title 5. 
 (e) NOTIFICATION OF MODIFICATION OF BENEFITS.The Secretary shall 
 provide each employee with respect to whom an alternate work schedule 
under this section may apply written notice of the effect, if any, that 
the alternate work schedule will have on the employees health 
care premium, retirement, life insurance premium, probationary status, 
   or other benefit or condition of employment. The notice shall be 
  provided not later than 14 days before the employee consents to the 
   alternate work schedule. (f) REGULATIONS.The Secretary shall 
    prescribe regulations to carry out this section. (Added Pub. L. 
 108445, Sec. 4(a)(1), Dec. 3, 2004, 118 Stat. 2643; amended 
Pub. L. 111163, title VI, Sec. 602(c), May 5, 2010, 124 Stat. 
  1173.) ' 7457. On-call pay (a) The Secretary may pay an employee to 
 whom this section applies pay at the rate provided in section 7453(h) 
 of this title except for such time as the employee may be called back 
to work. (b) This section applies to an employee who meets each of the 
 following criteria: (1) The employee is employed in a position listed 
 in paragraph (3) of section 7401 of this title or meets the criteria 
 specified in clauses (i), (ii), and (iii) of section 7455(a)(2)(B) of 
 this title. (2) The employee is employed in a work unit for which on-
    call premium pay is authorized. (3) The employee is officially 
 scheduled to be on call outside such employees regular hours 
 or on a holiday designated by Federal statute or Executive order. (c) 
 An employee who is eligible for on-call pay under subsection (a) and 
who was receiving standby premium pay pursuant to section 5545 of title 
 5 on May 20, 1988, shall, as long as such employee is employed in the 
same position and work unit and remains eligible for such standby pay, 
  receive pay for any period of on-call duty at the rate equal to the 
 greater of (1) the rate of pay which such employee would receive 
  if being paid the rate of standby pay pursuant to such section that 
 such individual would be entitled to receive if such individual were 
not scheduled to be on call instead, or (2) the rate of pay which such 
employee is entitled to receive including on-call premium pay described 
   in subsection (a). (Added Pub. L. 10240, title IV, Sec. 
    401(b)(4), May 7, 1991, 105 Stat. 236.) ' 7458. Recruitment and 
 retention bonus pay (a)(1) In order to recruit and retain registered 
  nurses, the Secretary may enter into agreements under this section. 
Such an agreement may be entered into with any registered nurse who is 
employed at, or who agrees to accept employment with the Department at, 
 a Department health-care facility that is designated by the Secretary 
  as a health-care facility with a significant shortage in registered 
nurses in any clinical service. (2) A registered nurse entering into an 
  agreement under this section shall agree to remain employed by the 
 Department as a registered nurse for a period of time to be specified 
 in the agreement and to serve during that period in a specific health-
  care facility that is designated by the Secretary as a health-care 
   facility with a significant shortage of registered nurses in that 
nurses clinical service. Such period may not be less than two 
 years or more than four years. Such employment during such period may 
   be on a full-time basis or a part-time basis, as specified in the 
 agreement. Part-time employment as specified in such an agreement may 
not be less than half-time. (b)(1) The Secretary shall pay to any nurse 
 entering into an agreement under this section bonus pay in an amount 
   specified in the agreement. The amount of such bonus pay may not 
 exceed (A) $2,000 per year, in the case of an agreement for two 
   years, (B) $3,000 per year, in the case of an agreement for three 
 years, and (C) $4,000 per year, in the case of an agreement for four 
 years. (2) In the case of an agreement for employment on less than a 
      full-time basis, the amount of bonus pay shall be pro-rated 
    accordingly. (c)(1) Except as provided in paragraph (2) of this 
     subsection, a bonus under this section shall be paid in equal 
  installments after each year of service is completed throughout the 
  period of obligated service specified in the agreement. (2)(A) The 
 Secretary may make a payment in an amount not in excess of 25 percent 
    of the total bonus in a lump sum at the time that the period of 
 obligated service commences under the agreement. (B) If the Secretary 
makes a lump-sum payment under subparagraph (A) of this paragraph, the 
  remaining balance of the bonus shall be paid in equal installments 
   after each year of service is completed throughout the period of 
 obligated service specified in the agreement. (d)(1) A bonus paid to 
 any individual under this section shall be in addition to any pay or 
  allowance to which the individual is entitled. (2) The amount of a 
 bonus paid under this section shall not be considered to be basic pay 
for the purposes of sections 5551, 5552, and 5595 of title 5, chapters 
    81, 83, 84, and 87 of such title, or any other provision of law 
 creating an entitlement to benefits based on basic pay. (e) At least 
  once each year the Secretary, upon the recommendation of the Under 
    Secretary for Health, shall determine the specific health-care 
    facilities and clinical services, if any, as to which there are 
 significant problems with respect to the recruitment and retention of 
 registered nurses. Upon making any such determination, the Secretary 
 shall promptly notify the Committees on Veterans Affairs of 
 the Senate and the House of Representatives of the determination and 
   the basis for the determination. (f) The Secretary may enter into 
 agreements under this section with individuals in a health profession 
   other than nursing (and other than a health profession for which 
  special pay may be provided under subchapter III) if the Secretary 
    determines that there are significant problems with respect to 
 recruitment and retention of employees in that health profession. The 
 Secretarys authority to enter into any such agreement under 
this section, and such agreement, shall be subject to the provisions of 
 this section in the same manner as are the authority to enter into an 
   agreement under this section with a registered nurse and such an 
     agreement. (g)(1) Except as provided in paragraph (2) of this 
 subsection, an individual who voluntarily, or because of misconduct, 
 fails to perform services as assigned by the Secretary for the period 
of obligated service provided in an agreement under this section shall 
  refund to the United States the amount by which the total amount of 
 bonus payments received by that individual under this section exceeds 
the amount that such individual would have received under an agreement 
    under this section to serve for the period of obligated service 
  actually served (as determined at the time the agreement is entered 
into). If the period actually served is less than two years, the amount 
  to be refunded is the entire amount paid to the individual. (2) An 
 individual shall not be required to make a refund under paragraph (1) 
  of this subsection if the Secretary determines, in accordance with 
 regulations prescribed under subsection (h) of this section, that the 
  individuals failure to perform services for the period of 
obligated service is due to circumstances (not including separation for 
   cause) beyond the control of the individual. (3) An obligation to 
refund any portion of a bonus payment under this subsection is, for all 
purposes, a debt owed to the United States. (4) The provisions of this 
   subsection and the specific amounts that the individual could be 
required to refund shall be disclosed to the individual at the time the 
    agreement is entered into and shall be clearly set forth in the 
 contract. (h) The Secretary shall prescribe regulations to carry out 
     this section. (Added Pub. L. 100322, title II, Sec. 
 212(a)((1)), May 20, 1988, 102 Stat. 514, Sec. 4120; renumbered Sec. 
7458 and amended Pub. L. 10240, title IV, Sec. 401(c)(4), May 
  7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 
       (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
  1984; Pub. L. 103446, title XII, Sec. 1201(h)(4), Nov. 2, 
     1994, 108 Stat. 4688; Pub. L. 110387, title IX, Sec. 
   901(a)(6), Oct. 10, 2008, 122 Stat. 4142.) ' 7459. Nursing staff: 
special rules for overtime duty (a) LIMITATION.Except as provided 
in subsection (c), the Secretary may not require nursing staff to work 
more than 40 hours (or 24 hours if such staff is covered under section 
 7456 of this title) in an administrative work week or more than eight 
 consecutive hours (or 12 hours if such staff is covered under section 
 7456 or 7456A of this title). (b) VOLUNTARY OVERTIME.(1) Nursing 
staff may on a voluntary basis elect to work hours otherwise prohibited 
   by subsection (a). (2) The refusal of nursing staff to work hours 
     prohibited by subsection (a) shall not be grounds (A) to 
discriminate (within the meaning of section 704(a) of the Civil Rights 
 Act of 1964 (42 U.S.C. 2000e-3(a))) against the staff; (B) to dismiss 
 or discharge the staff; or (C) for any other adverse personnel action 
against the staff. (c) OVERTIME UNDER EMERGENCY CIRCUMSTANCES.(1) 
 Subject to paragraph (2), the Secretary may require nursing staff to 
work hours otherwise prohibited by subsection (a) if (A) the work 
 is a consequence of an emergency that could not have been reasonably 
anticipated; (B) the emergency is non-recurring and is not caused by or 
 aggravated by the inattention of the Secretary or lack of reasonable 
contingency planning by the Secretary; (C) the Secretary has exhausted 
 all good faith, reasonable attempts to obtain voluntary workers; (D) 
 the nurse staff have critical skills and expertise that are required 
for the work; and (E) the work involves work for which the standard of 
   care for a patient assignment requires continuity of care through 
 completion of a case, treatment, or procedure. (2) Nursing staff may 
     not be required to work hours under this subsection after the 
  requirement for a direct role by the staff in responding to medical 
      needs resulting from the emergency ends. (d) NURSING STAFF 
      DEFINED.In this section, the term nursing 
staff includes the following: (1) A registered nurse. 
  (2) A licensed practical or vocational nurse. (3) A nurse assistant 
 appointed under this chapter or title 5. (4) Any other nurse position 
 designated by the Secretary for purposes of this section. (Added Pub. 
 L. 111163, title VI, Sec. 602(a)(1), May 5, 2010, 124 Stat. 
 1172.) SUBCHAPTER VDISCIPLINARY AND GRIEVANCE PROCEDURES ' 7461. 
   Adverse actions: section 7401(1) employees (a) Whenever the Under 
Secretary for Health (or an official designated by the Under Secretary 
 for Health) brings charges based on conduct or performance against a 
 section 7401(1) employee and as a result of those charges an adverse 
personnel action is taken against the employee, the employee shall have 
the right to appeal the action. (b)(1) If the case involves or includes 
   a question of professional conduct or competence in which a major 
      adverse action was taken, such an appeal shall be made to a 
Disciplinary Appeals Board under section 7462 of this title. (2) In any 
 other case, such an appeal shall be made (A) through Department 
grievance procedures under section 7463 of this title, in any case that 
 involves or includes a question of professional conduct or competence 
  in which a major adverse action was not taken or in any case of an 
employee who is not covered by a collective bargaining agreement under 
  chapter 71 of title 5; or (B) through grievance procedures provided 
 through collective bargaining under chapter 71 of title 5 or through 
 Department grievance procedures under section 7463 of this title, as 
the employee elects, in the case of an employee covered by a collective 
bargaining agreement under chapter 71 of title 5 that does not involve 
 or include a question of professional conduct or competence. (c) For 
  purposes of this subchapter (1) Section 7401(1) employees are 
   employees of the Department employed on a full-time basis under a 
 permanent appointment in a position listed in section 7401(1) of this 
 title (other than interns and residents appointed pursuant to section 
 7406 of this title). (2) A major adverse action is an adverse action 
which includes any of the following: (A) Suspension. (B) Transfer. (C) 
 Reduction in grade. (D) Reduction in basic pay. (E) Discharge. (3) A 
question of professional conduct or competence is a question involving 
any of the following: (A) Direct patient care. (B) Clinical competence. 
 (d) An issue of whether a matter or question concerns, or arises out 
  of, professional conduct or competence is not itself subject to any 
    grievance procedure provided by law, regulation, or collective 
 bargaining and may not be reviewed by any other agency. (e) Whenever 
the Secretary proposes to prescribe regulations under this subchapter, 
  the Secretary shall publish the proposed regulations in the Federal 
Register for notice-and-comment not less than 30 days before the day on 
 which they take effect. (Added Pub. L. 10240, title II, Sec. 
 203(a), May 7, 1991, 105 Stat. 202; amended Pub. L. 102405, 
title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) ' 7462. Major 
  adverse actions involving professional conduct or competence (a)(1) 
Disciplinary Appeals Boards appointed under section 7464 of this title 
  shall have exclusive jurisdiction to review any case (A) which 
arises out of (or which includes) a question of professional conduct or 
  competence of a section 7401(1) employee; and (B) in which a major 
adverse action was taken. (2) The board shall include in its record of 
decision in any mixed case a statement of the boards exclusive 
  jurisdiction under this subsection and the basis for such exclusive 
jurisdiction. (3) For purposes of paragraph (2), a mixed case is a case 
that includes both a major adverse action arising out of a question of 
professional conduct or competence and an adverse action which is not a 
   major adverse action or which does not arise out of a question of 
professional conduct or competence. (b)(1) In any case in which charges 
are brought against a section 7401(1) employee which arises out of, or 
includes, a question of professional conduct or competence which could 
   result in a major adverse action, the employee is entitled to the 
 following: (A) At least 30 days advance written notice from the Under 
 Secretary for Health or other charging official specifically stating 
 the basis for each charge, the adverse actions that could be taken if 
    the charges are sustained, and a statement of any specific law, 
regulation, policy, procedure, practice, or other specific instruction 
  that has been violated with respect to each charge, except that the 
   requirement for notification in advance may be waived if there is 
reasonable cause to believe that the employee has committed a crime for 
 which the employee may be imprisoned. (B) A reasonable time, but not 
less than seven days, to present an answer orally and in writing to the 
Under Secretary for Health or other deciding official, who shall be an 
   official higher in rank than the charging official, and to submit 
affidavits and other documentary evidence in support of the answer. (2) 
In any case described in paragraph (1), the employee is entitled to be 
       represented by an attorney or other representative of the 
   employees choice at all stages of the case. (3)(A) If a 
 proposed adverse action covered by this section is not withdrawn, the 
deciding official shall render a decision in writing within 21 days of 
receipt by the deciding official of the employees answer. The 
  decision shall include a statement of the specific reasons for the 
  decision with respect to each charge. If a major adverse action is 
imposed, the decision shall state whether any of the charges sustained 
 arose out of a question of professional conduct or competence. If any 
    of the charges are sustained, the notice of the decision to the 
   employee shall include notice of the employees rights of 
appeal. (B) Notwithstanding the 21-day period specified in subparagraph 
(A), a proposed adverse action may be held in abeyance if the employee 
  requests, and the deciding official agrees, that the employee shall 
    seek counseling or treatment for a condition covered under the 
Rehabilitation Act of 1973. Any such abeyance of a proposed action may 
  not extend for more than one year. (4)(A) The Secretary may require 
 that any answer and submission under paragraph (1)(B) be submitted so 
 as to be received within 30 days of the date of the written notice of 
  the charges, except that the Secretary shall allow the granting of 
 extensions for good cause shown. (B) The Secretary shall require that 
any appeal to a Disciplinary Appeals Board from a decision to impose a 
major adverse action shall be received within 30 days after the date of 
    service of the written decision on the employee. (c)(1) When a 
  Disciplinary Appeals Board convenes to consider an appeal in a case 
under this section, the board, before proceeding to consider the merits 
of the appeal, shall determine whether the case is properly before it. 
(2) Upon hearing such an appeal, the board shall, with respect to each 
 charge appealed to the board, sustain the charge, dismiss the charge, 
 or sustain the charge in part and dismiss the charge in part. If the 
 deciding official is sustained (in whole or in part) with respect to 
    any such charge, the board shall (A) approve the action as 
   imposed; (B) approve the action with modification, reduction, or 
   exception; or (C) reverse the action. (3) A board shall afford an 
employee appealing an adverse action under this section an opportunity 
for an oral hearing. If such a hearing is held, the board shall provide 
  the employee with a transcript of the hearing. (4) The board shall 
   render a decision in any case within 45 days of completion of the 
hearing, if there is a hearing, and in any event no later than 120 days 
 after the appeal commenced. (d)(1) After resolving any question as to 
   whether a matter involves professional conduct or competence, the 
 Secretary shall cause to be executed the decision of the Disciplinary 
 Appeals Board in a timely manner and in any event in not more than 90 
  days after the decision of the Board is received by the Secretary. 
   Pursuant to the boards decision, the Secretary may order 
 reinstatement, award back pay, and provide such other remedies as the 
   board found appropriate relating directly to the proposed action, 
  including expungement of records relating to the action. (2) If the 
 Secretary finds a decision of the board to be clearly contrary to the 
 evidence or unlawful, the Secretary may (A) reverse the decision 
 of the board, or (B) vacate the decision of the board and remand the 
  matter to the Board for further consideration. (3) If the Secretary 
  finds the decision of the board (while not clearly contrary to the 
evidence or unlawful) to be not justified by the nature of the charges, 
    the Secretary may mitigate the adverse action imposed. (4) The 
 Secretarys execution of a boards decision shall be 
  the final administrative action in the case. (e) The Secretary may 
designate an employee of the Department to represent management in any 
  case before a Disciplinary Appeals Board. (f)(1) A section 7401(1) 
     employee adversely affected by a final order or decision of a 
 Disciplinary Appeals Board (as reviewed by the Secretary) may obtain 
  judicial review of the order or decision. (2) In any case in which 
judicial review is sought under this subsection, the court shall review 
the record and hold unlawful and set aside any agency action, finding, 
 or conclusion found to be (A) arbitrary, capricious, an abuse of 
   discretion, or otherwise not in accordance with law; (B) obtained 
  without procedures required by law, rule, or regulation having been 
 followed; or (C) unsupported by substantial evidence. (Added Pub. L. 
  10240, title II, Sec. 203(a), May 7, 1991, 105 Stat. 203; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
1992, 106 Stat. 1984.) ' 7463. Other adverse actions (a) The Secretary 
   shall prescribe by regulation procedures for the consideration of 
grievances of section 7401(1) employees arising from adverse personnel 
   actions in which each action taken either (1) is not a major 
adverse action; or (2) does not arise out of a question of professional 
   conduct or competence. Disciplinary Appeals Boards shall not have 
jurisdiction to review such matters, other than as part of a mixed case 
(as defined in section 7462(a)(3) of this title). (b) In the case of an 
employee who is a member of a collective bargaining unit under chapter 
   71 of title 5, the employee may seek review of an adverse action 
   described in subsection (a) either under the grievance procedures 
provided through regulations prescribed under subsection (a) or through 
grievance procedures determined through collective bargaining, but not 
   under both. The employee shall elect which grievance procedure to 
  follow. Any such election may not be revoked. (c)(1) In any case in 
  which charges are brought against a section 7401(1) employee which 
    could result in a major adverse action and which do not involve 
  professional conduct or competence, the employee is entitled to the 
same notice and opportunity to answer with respect to those charges as 
  provided in subparagraphs (A) and (B) of section 7462(b)(1) of this 
  title. (2) In any other case in which charges are brought against a 
   section 7401(1) employee, the employee is entitled to (A) an 
  advance written notice stating the specific reason for the proposed 
 action, and (B) a reasonable time to answer orally and in writing and 
to furnish affidavits and other documentary evidence in support of the 
answer. (d) Grievance procedures prescribed under subsection (a) shall 
  include the following: (1) A right to formal review by an impartial 
examiner within the Department of Veterans Affairs, who, in the case of 
 an adverse action arising from a question of professional conduct or 
 competence, shall be selected from the panel designated under section 
7464 of this title. (2) A right to a prompt report of the findings and 
  recommendations by the impartial examiner. (3) A right to a prompt 
  review of the examiners findings and recommendations by an 
   official of a higher level than the official who decided upon the 
        action. That official may accept, modify, or reject the 
  examiners recommendations. (e) In any review of an adverse 
action under the grievance procedures prescribed under subsection (a), 
  the employee is entitled to be represented by an attorney or other 
 representative of the employees choice at all stages of the 
  case. (Added Pub. L. 10240, title II, Sec. 203(a), May 7, 
   1991, 105 Stat. 205.) ' 7464. Disciplinary Appeals Boards (a) The 
  Secretary shall from time to time appoint boards to hear appeals of 
  major adverse actions described in section 7462 of this title. Such 
boards shall be known as Disciplinary Appeals Boards. Each board shall 
consist of three employees of the Department, each of whom shall be of 
   the same grade as, or be senior in grade to, the employee who is 
appealing an adverse action. At least two of the members of each board 
shall be employed in the same category of position as the employee who 
is appealing the adverse action. Members of a board shall be appointed 
from individuals on the panel established under subsection (d). (b)(1) 
 In appointing a board for any case, the Secretary shall designate one 
of the members to be chairman and one of the members to be secretary of 
 the board, each of whom shall have authority to administer oaths. (2) 
  Appointment of boards, and the proceedings of such boards, shall be 
 carried out under regulations prescribed by the Secretary. A verbatim 
 record shall be maintained of board hearings. (c)(1) Notwithstanding 
  sections 5701 and 7332 of this title, the chairman of a board, upon 
 request of an employee whose case is under consideration by the board 
  (or a representative of that employee) may, in connection with the 
 considerations of the board, review records or information covered by 
  those sections and may authorize the disclosure of such records or 
  information to that employee (or representative) to the extent the 
  board considers appropriate for purposes of the proceedings of the 
board in that case. (2) In any such case the board chairman may direct 
 that measures be taken to protect the personal privacy of individuals 
 whose records are involved. Any person who uses or discloses a record 
or information covered by this subsection for any purpose other than in 
 connection with the proceedings of the board shall be fined not more 
than $5,000 in the case of a first offense and not more than $20,000 in 
 the case of a subsequent offense. (d)(1) The Secretary shall provide 
  for the periodic designation of employees of the Department who are 
  qualified to serve on Disciplinary Appeals Boards. Those employees 
   shall constitute the panel from which board members in a case are 
 appointed. The Secretary shall provide (without charge) a list of the 
names of employees on the panel to any person requesting such list. (2) 
  The Secretary shall announce periodically, and not less often than 
  annually, that the roster of employees on the panel is available as 
    described in paragraph (1). Such announcement shall be made at 
 Department medical facilities and through publication in the Federal 
Register. Notice of a name being on the list must be provided at least 
  30 days before the individual selected may serve on a Board or as a 
   grievance examiner. Employees, employee organizations, and other 
interested parties may submit comments to the Secretary concerning the 
 suitability for service on the panel of any employee whose name is on 
the list. (3) The Secretary shall provide training in the functions and 
 duties of Disciplinary Appeals Boards and grievance procedures under 
 section 7463 of this title for employees selected to be on the panel. 
(Added Pub. L. 10240, title II, Sec. 203(a), May 7, 1991, 105 
  Stat. 206.) SUBCHAPTER VIREGIONAL MEDICAL EDUCATION CENTERS ' 
7471. Designation of Regional Medical Education Centers (a) In carrying 
out the Secretarys functions under section 7302 of this title 
 with regard to the training of health personnel, the Secretary shall 
   implement a program under which the Secretary shall designate as 
  Regional Medical Education Centers such Department hospitals as the 
 Secretary determines appropriate to carry out the provisions of this 
subchapter. (b) Each Regional Medical Education Center (hereinafter in 
 this subchapter referred to as Center) 
 designated under subsection (a) shall provide continuing medical and 
 related education programs for personnel eligible for training under 
  this subchapter. Such programs shall include the following: (1) The 
    teaching of newly developed medical skills and the use of newly 
  developed medical technologies and equipment. (2) Advanced clinical 
       instruction. (3) The opportunity for conducting clinical 
investigations. (4) Clinical demonstrations in the use of new types of 
health personnel and in the better use of the skills of existing health 
personnel. (5) Routine verification of basic medical skills and, where 
  determined necessary, remediation of any deficiency in such skills. 
 (Added Pub. L. 10240, title IV, Sec. 401(b)(5), May 7, 1991, 
105 Stat. 237.) ' 7472. Supervision and staffing of Centers (a) Centers 
  shall be operated under the supervision of the Under Secretary for 
  Health and shall be staffed with personnel qualified to provide the 
highest quality instruction and training in various medical and health 
 care disciplines. (b) As a means of providing appropriate recognition 
  to persons in the career service of the Administration who possess 
   outstanding qualifications in a particular medical or health care 
discipline, the Under Secretary for Health shall from time to time and 
for such period as the Under Secretary for Health considers appropriate 
 assign such persons to serve as visiting instructors at Centers. (c) 
Whenever the Under Secretary for Health considers it necessary for the 
 effective conduct of the program provided for under this subchapter, 
the Under Secretary for Health may contract for the services of highly 
 qualified medical and health personnel from outside the Department to 
 serve as instructors at such Centers. (Added Pub. L. 10240, 
 title IV, Sec. 401(b)(5), May 7, 1991, 105 Stat. 237; amended Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1984.) ' 7473. Personnel eligible for training (a) The Under Secretary 
  for Health shall determine the manner in which personnel are to be 
  selected for training in the Centers. Preference shall be given to 
    career personnel of the Administration. (b) To the extent that 
facilities are available medical and health personnel from outside the 
 Administration may, on a reimbursable basis, be provided training in 
  the Centers. Such reimbursement may include reciprocal training of 
  personnel of the Administration provided under sharing arrangements 
  entered into by the Under Secretary for Health and the heads of the 
 entities providing such reciprocal training. Any amounts received by 
   the United States as reimbursement under this subsection shall be 
 credited to the applicable Department medical appropriation account. 
 (Added Pub. L. 10240, title IV, Sec. 401(b)(5), May 7, 1991, 
    105 Stat. 237; amended Pub. L. 102405, title III, Sec. 
  302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) ' 7474. Consultation The 
   Under Secretary for Health shall carry out this subchapter after 
   consultation with the special medical advisory group established 
       pursuant to section 7312(a) of this title. (Added Pub. L. 
 10240, title IV, Sec. 401(b)(5), May 7, 1991, 105 Stat. 238; 
  amended Pub. L. 102405, title III, Sec. 302(c)(1), Oct. 9, 
 1992, 106 Stat. 1984.) CHAPTER 75 OF TITLE 38, UNITED STATES CODE [As 
  Amended Through P.L. 1127, Enacted March 31, 2011] xTITLE 
    38VETERANS BENEFITS xPART VBOARDS, 
ADMINISTRATIONS, AND SERVICES CHAPTER 75VISUAL IMPAIRMENT 
   AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATIONAL ASSISTANCE 
PROGRAM Sec. 7501. Establishment of scholarship program; purpose. 7502. 
Application and acceptance. 7503. Amount of assistance; duration. 7504. 
   Agreement. 7505. Repayment for failure to satisfy requirements of 
 agreement. ' 7501. Establishment of scholarship program; purpose (a) 
 ESTABLISHMENT.Subject to the availability of appropriations, the 
   Secretary shall establish and carry out a scholarship program to 
    provide financial assistance in accordance with this chapter to 
   individuals who (1) are accepted for enrollment or currently 
 enrolled in a program of study leading to a degree or certificate in 
  visual impairment or orientation and mobility, or a dual degree or 
 certification in both such areas, at an accredited (as determined by 
  the Secretary) educational institution that is in a State; and (2) 
enter into an agreement with the Secretary as described in section 7504 
of this title. (b) PURPOSE.The purpose of the scholarship program 
is to increase the supply of qualified blind rehabilitation specialists 
  for the Department and the Nation. (c) OUTREACH.The Secretary 
  shall publicize the scholarship program to educational institutions 
    throughout the United States, with an emphasis on disseminating 
information to such institutions with high numbers of Hispanic students 
  and to Historically Black Colleges and Universities. (Added Pub. L. 
111163, title III, Sec. 302(a), May 5, 2010, 124 Stat. 1146.) 
 ' 7502. Application and acceptance (a) APPLICATION.(1) To apply 
   and participate in the scholarship program under this chapter, an 
   individual shall submit to the Secretary an application for such 
 participation together with an agreement described in section 7504 of 
  this title under which the participant agrees to serve a period of 
  obligated service in the Department as provided in the agreement in 
    return for payment of educational assistance as provided in the 
agreement. (2) In distributing application forms and agreement forms to 
  individuals desiring to participate in the scholarship program, the 
 Secretary shall include with such forms the following: 991 (A) A fair 
     summary of the rights and liabilities of an individual whose 
   application is approved (and whose agreement is accepted) by the 
  Secretary. (B) A full description of the terms and conditions that 
 apply to participation in the scholarship program and service in the 
Department. (b) APPROVAL.(1) Upon the Secretarys approval 
 of an individuals participation in the scholarship program, 
the Secretary shall, in writing, promptly notify the individual of that 
acceptance. (2) An individual becomes a participant in the scholarship 
      program upon such approval by the Secretary. (Added Pub. L. 
111163, title III, Sec. 302(a), May 5, 2010, 124 Stat. 1147.) 
         ' 7503. Amount of assistance; duration (a) AMOUNT OF 
  ASSISTANCE.The amount of the financial assistance provided an 
 individual under the scholarship program under this chapter shall be 
 the amount determined by the Secretary as being necessary to pay the 
   tuition and fees of the individual. In the case of an individual 
      enrolled in a program of study leading to a dual degree or 
     certification in both the areas of study described in section 
  7501(a)(1) of this title, the tuition and fees shall not exceed the 
  amounts necessary for the minimum number of credit hours to achieve 
     such dual degree or certification. (b) RELATIONSHIP TO OTHER 
 ASSISTANCE.Financial assistance may be provided to an individual 
     under the scholarship program to supplement other educational 
     assistance to the extent that the total amount of educational 
assistance received by the individual during an academic year does not 
 exceed the total tuition and fees for such academic year. (c) MAXIMUM 
 AMOUNT OF ASSISTANCE.(1) The total amount of assistance provided 
under the scholarship program for an academic year to an individual who 
 is a full-time student may not exceed $15,000. (2) In the case of an 
 individual who is a part-time student, the total amount of assistance 
provided under the scholarship program shall bear the same ratio to the 
amount that would be paid under paragraph (1) if the participant were a 
    full-time student in the program of study being pursued by the 
  individual as the coursework carried by the individual to full-time 
coursework in that program of study. (3) The total amount of assistance 
provided to an individual under the scholarship program may not exceed 
 $45,000. (d) MAXIMUM DURATION OF ASSISTANCE.Financial assistance 
may not be provided to an individual under the scholarship program for 
  more than six academic years. (Added Pub. L. 111163, title 
 III, Sec. 302(a), May 5, 2010, 124 Stat. 1147.) ' 7504. Agreement An 
 agreement between the Secretary and a participant in the scholarship 
program under this chapter shall be in writing, shall be signed by the 
    participant, and shall include (1) the Secretarys 
   agreement to provide the participant with financial assistance as 
     authorized under this chapter; (2) the participants 
agreement (A) to accept such financial assistance; (B) to maintain 
enrollment and attendance in the program of study described in section 
   7501(a)(1) of this title; (C) while enrolled in such program, to 
maintain an acceptable level of academic standing (as determined by the 
    educational institution offering such program under regulations 
prescribed by the Secretary); and (D) after completion of the program, 
  to serve as a full-time employee in the Department for a period of 
    three years, to be served within the first six years after the 
    participant has completed such program and received a degree or 
certificate described in section 7501(a)(1) of this title; and (3) any 
other terms and conditions that the Secretary considers appropriate for 
 carrying out this chapter. (Added Pub. L. 111163, title III, 
   Sec. 302(a), May 5, 2010, 124 Stat. 1148.) ' 7505. Repayment for 
  failure to satisfy requirements of agreement (a) IN GENERAL.An 
 individual who receives educational assistance under the scholarship 
program under this chapter shall repay to the Secretary an amount equal 
 to the unearned portion of such assistance if the individual fails to 
 satisfy the requirements of the agreement entered into under section 
     7504 of this title, except in circumstances authorized by the 
Secretary. (b) AMOUNT OF REPAYMENT.The Secretary shall establish, 
by regulations, procedures for determining the amount of the repayment 
   required under this section and the circumstances under which an 
   exception to the required repayment may be granted. (c) WAIVER OR 
SUSPENSION OF COMPLIANCE.The Secretary shall prescribe regulations 
    providing for the waiver or suspension of any obligation of an 
 individual for service or payment under this chapter (or an agreement 
 under this chapter) whenever (1) noncompliance by the individual 
 is due to circumstances beyond the control of the individual; or (2) 
the Secretary determines that the waiver or suspension of compliance is 
 in the best interest of the United States. (d) OBLIGATION AS DEBT TO 
  UNITED STATES.An obligation to repay the Secretary under this 
    section is, for all purposes, a debt owed the United States. A 
discharge in bankruptcy under title 11 does not discharge a person from 
such debt if the discharge order is entered less than five years after 
 the date of the termination of the agreement or contract on which the 
debt is based. (Added Pub. L. 111163, title III, Sec. 302(a), 
  May 5, 2010, 124 Stat. 1148.) CHAPTER 76 OF TITLE 38, UNITED STATES 
 CODE [As Amended Through P.L. 1127, Enacted March 31, 2011] 
 xTITLE 38VETERANS BENEFITS xPART VBOARDS, 
     ADMINISTRATIONS, AND SERVICES CHAPTER 76HEALTH 
 PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER IGENERAL 
Sec. 7601. Establishment of program; purpose. 7602. Eligibility. 7603. 
   Application and acceptance. 7604. Terms of agreement. SUBCHAPTER 
     IISCHOLARSHIP PROGRAM 7611. Authority for program. 7612. 
Eligibility; application; agreement. 7613. Scholarship. 7614. Part-time 
students. 7615. Status of participants. 7616. Obligated service. 7617. 
Breach of agreement: liability. 7618. Additional program requirements. 
 7619. Expiration of program. SUBCHAPTER IIITUITION REIMBURSEMENT 
 PROGRAM 7621. Authority for program. 7622. Eligibility; application; 
    agreement. 7623. Obligated service. 7624. Breach of agreement: 
  liability. 7625. Allocation and distribution of funding. SUBCHAPTER 
 IVADMINISTRATIVE MATTERS 7631. Periodic adjustments in amount of 
  assistance. 7632. Annual report. 7633. Regulations. 7634. Breach of 
agreement; waiver of liability. 7635. Service in other agencies. 7636. 
Exemption of educational assistance payments from taxation. SUBCHAPTER 
    VSTIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE 7651. 
   Authority for program. 7652. Eligibility: individuals entitled to 
benefits under the GI Bill program for members of the Selected Reserve. 
 7653. Amount of assistance. 7654. Obligated service. 7655. Breach of 
agreement; liability. SUBCHAPTER VIEMPLOYEE INCENTIVE SCHOLARSHIP 
  PROGRAM 7671. Authority for program. 7672. Eligibility; agreement. 
7673. Scholarship. 7674. Obligated service. 7675. Breach of agreement: 
  liability. [7676. Repealed.] 997 SUBCHAPTER VIIEDUCATION DEBT 
REDUCTION PROGRAM 7681. Authority for program. 7682. Eligibility. 7683. 
Education debt reduction. [7684. Repealed.] SUBCHAPTER IGENERAL ' 
7601. Establishment of program; purpose (a) There is hereby established 
  a program to be known as the Department of Veterans Affairs Health 
   Professionals Educational Assistance Program (hereinafter in this 
     chapter referred to as the Educational Assistance 
   Program). The program consists of (1) the 
scholarship program provided for in subchapter II of this chapter; (2) 
 the tuition reimbursement program provided for in sub-chapter III of 
this chapter; (3) the Selected Reserve member stipend program provided 
  for under subchapter V of this chapter; (4) the employee incentive 
scholarship program provided for in subchapter VI of this chapter; and 
(5) the education debt reduction program provided for in subchapter VII 
of this chapter. (b) The purpose of the Educational Assistance Program 
  is to assist in providing an adequate supply of trained health-care 
      personnel for the Department and the Nation. (Added Pub. L. 
 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 518, 
 Sec. 4301; amended Pub. L. 101366, title II, Sec. 205(c)(1), 
      Aug. 15, 1990, 104 Stat. 441; renumbered Sec. 7601, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 Pub. L. 10283, Sec. 4(a)(2)(B)(vi), (3), (4), Aug. 6, 1991, 
     105 Stat. 403, 404; Pub. L. 103446, title XII, Sec. 
  1201(e)(25), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 105368, 
   title VIII, Sec. 805(1), Nov. 11, 1998, 112 Stat. 3358.) ' 7602. 
  Eligibility (a)(1) To be eligible to participate in the Educational 
Assistance Program under subchapter II, III, or VI of this chapter, an 
individual must be accepted for enrollment or be currently enrolled as 
   a student at a qualifying educational institution in a course of 
education or training that is approved by the Secretary and that leads 
 toward completion of a degree in a field of education or training for 
which a scholarship may be awarded under subchapter II of this chapter, 
for which tuition reimbursement may be provided under subchapter III of 
     this chapter, or for which a scholarship may be awarded under 
  subchapter VI of this chapter, as the case may be. (2) A qualifying 
educational institution for purposes of this section is an educational 
     institution that is in a State and that (as determined by the 
   Secretary) is an accredited institution. (b) An individual is not 
eligible to apply to participate in the Educational Assistance Program 
 under subchapter II, III, or VI of this chapter if the individual is 
  obligated under any other Federal program to perform service after 
 completion of the course of education or training of such individual 
     referred to in subsection (a) of this section. (Added Pub. L. 
 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 518, 
 Sec. 4302; amended Pub. L. 101366, title II, Sec. 205(c)(2), 
      Aug. 15, 1990, 104 Stat. 441; renumbered Sec. 7602, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
 404, 405; Pub. L. 105368, title VIII, Sec. 805(2), Nov. 11, 
  1998, 112 Stat. 3358.) ' 7603. Application and acceptance (a)(1) To 
   apply to participate in the Educational Assistance Program under 
   subchapter II, III, V, or VI of this chapter, an individual shall 
submit to the Secretary an application for such participation together 
 with an agreement described in section 7604 of this title under which 
 the participant agrees to serve a period of obligated service in the 
 Veterans Health Administration as provided in the agreement in return 
for payment of educational assistance as provided in the agreement. (2) 
  To apply to participate in the Educational Assistance Program under 
   subchapter VII of this chapter, an individual shall submit to the 
 Secretary an application for such participation. (b)(1) An individual 
 becomes a participant in the Educational Assistance Program upon the 
 Secretarys approval of the individuals application 
and the Secretarys acceptance of the agreement (if required). 
 (2) Upon the Secretarys approval of an individuals 
 participation in the program, the Secretary shall promptly notify the 
individual of that approval. Such notice shall be in writing. (c)(1) In 
   distributing application forms and agreement forms to individuals 
  desiring to participate in the Educational Assistance Program, the 
   Secretary shall include with such forms the following: (A) A fair 
     summary of the rights and liabilities of an individual whose 
   application is approved (and whose agreement is accepted) by the 
 Secretary, including a clear explanation of the damages to which the 
United States is entitled if the individual breaches the agreement. (B) 
     A full description of the terms and conditions that apply to 
participation in the Educational Assistance Program and service in the 
   Veterans Health Administration. (2) The Secretary shall make such 
   application forms and other information available to individuals 
desiring to participate in the Educational Assistance Program on a date 
 sufficiently early to allow such individuals adequate time to prepare 
 and submit such forms. (d) In selecting applicants for acceptance in 
 the Educational Assistance Program, the Secretary shall give priority 
    to the applications of individuals who have previously received 
  educational assistance under the program and have not completed the 
 course of education or training undertaken under such program. (Added 
Pub. L. 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 
       518, Sec. 4303; renumbered Sec. 7603 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 
  1991, 105 Stat. 404, 405; Pub. L. 103446, title XII, Sec. 
  1201(b)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L. 105368, 
    title VIII, Sec. 805(3), Nov. 11, 1998, 112 Stat. 3359; Pub. L. 
  106419, title IV, Sec. 404(a)(10), Nov. 1, 2000, 114 Stat. 
 1865.) ' 7604. Terms of agreement An agreement between the Secretary 
  and a participant in the Educational Assistance Program shall be in 
  writing, shall be signed by the participant, and shall include the 
following provisions: (1) The Secretarys agreement (A) to 
 provide the participant with educational assistance as authorized in 
   subchapter II, III, V, or VI of this chapter and specified in the 
   agreement; and (B) to afford the participant the opportunity for 
   employment in the Veterans Health Administration (subject to the 
     availability of appropriated funds for such purpose and other 
  qualifications established in accordance with section 7402 of this 
title). (2) The participants agreement (A) to accept such 
 educational assistance; (B) to maintain enrollment and attendance in 
  the course of training until completed; (C) while enrolled in such 
   course, to maintain an acceptable level of academic standing (as 
   determined by the educational institution offering such course of 
training under regulations prescribed by the Secretary); and (D) after 
completion of the course of training, to serve as a full-time employee 
in the Veterans Health Administration as specified in the agreement in 
  accordance with subchapter II, III, V, or VI of this chapter. (3) A 
 provision that any financial obligation of the United States arising 
out of an agreement entered into under this chapter, and any obligation 
     of the participant which is conditioned on such agreement, is 
  contingent upon funds being appropriated for educational assistance 
under this chapter. (4) A statement of the damages to which the United 
  States is entitled under this chapter for the participants 
  breach of the agreement. (5) Such other terms as are required to be 
 included in the agreement under subchapter II, III, V, or VI of this 
chapter or as the Secretary may require consistent with the provisions 
of this chapter. (Added Pub. L. 100322, title II, Sec. 216(b), 
        May 20, 1988, 102 Stat. 519, Sec. 4304; amended Pub. L. 
  101366, title II, Sec. 205(c)(3), Aug. 15, 1990, 104 Stat. 
441; renumbered Sec. 7604 and amended Pub. L. 10240, title IV, 
  Sec. 402(b)(1), 403(b)(3), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; 
 Pub. L. 103446, title XII, Sec. 1201(b)(1), (e)(26), Nov. 2, 
 1994, 108 Stat. 4682, 4686; Pub. L. 105368, title VIII, Sec. 
 805(4), Nov. 11, 1998, 112 Stat. 3359.) SUBCHAPTER IISCHOLARSHIP 
   PROGRAM ' 7611. Authority for program As part of the Educational 
Assistance Program, the Secretary shall carry out a scholarship program 
under this subchapter. The program shall be known as the Department of 
 Veterans Affairs Health Professional Scholarship Program (hereinafter 
      in this chapter referred to as the Scholarship 
 Program). (Added Pub. L. 100322, title II, 
 Sec. 216(b), May 20, 1988, 102 Stat. 520, Sec. 4311; renumbered Sec. 
 7611, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 
  105 Stat. 238; amended Pub. L. 10283, Sec. 4(a)(2)(B)(vi), 
   (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.) ' 7612. 
   Eligibility; application; agreement (a)(1) Except as provided in 
 paragraph (2) of this subsection, an individual must be accepted for 
enrollment or be enrolled (as described in section 7602 of this title) 
as a full-time student to be eligible to participate in the Scholarship 
 Program. (2) An individual who is an eligible Department employee may 
be accepted as a participant if accepted for enrollment or enrolled (as 
described in section 7602 of this title) for study on less than a full-
   time but not less than a half-time basis. (Such a participant is 
 hereinafter in this subchapter referred to as a part-time 
 student.) (3) For the purposes of paragraph (2) of 
    this subsection, an eligible Department employee is a full-time 
Department employee who is permanently assigned to a Department health-
     care facility on the date on which the individual submits the 
 application referred to in section 7603 of this title and on the date 
   on which the individual becomes a participant in the Scholarship 
Program. (b)(1) A scholarship may be awarded under this subchapter only 
in a qualifying field of education or training. (2) A qualifying field 
 of education or training for purposes of this subchapter is education 
 or training leading to employment as an appointee under paragraph (1) 
 or (3) of section 7401 of this title. (3) The Secretary may designate 
  additional fields of education or training as qualifying fields of 
education or training if the education or training leads to employment 
 in a position which would qualify the individual for increased basic 
pay under subsection (a)(1) of section 7455 of this title for personnel 
described in subsection (a)(2)(B) of such section. (4) Before awarding 
the initial scholarship in a course of education or training other than 
   medicine or nursing, the Secretary shall notify the Committees on 
Veterans Affairs of the Senate and House of Representatives of 
the Secretarys intent to award a scholarship in such course of 
  education or training. The notice shall include a statement of the 
 reasons why the award of scholarships in that course of education or 
  training is necessary to assist in providing the Department with an 
 adequate supply of personnel in the health profession concerned. Any 
such notice shall be given not less than 60 days before the first such 
scholarship is awarded. (5) In selecting applicants for the Scholarship 
 Program, the Secretary (A) shall give priority to applicants who 
  will be entering their final year in a course of training; and (B) 
    shall ensure an equitable allocation of scholarships to persons 
enrolled in the second year of a program leading to an associate degree 
in nursing. (c)(1) An agreement between the Secretary and a participant 
 in the Scholarship Program shall (in addition to the requirements set 
  forth in section 7604 of this title) include the following: (A) The 
    Secretarys agreement to provide the participant with a 
 scholarship under this subchapter for a specified number (from one to 
four) of school years during which the participant is pursuing a course 
 of education or training described in section 7602 of this title. (B) 
The participants agreement to serve as a full-time employee in 
the Veterans Health Administration for a period of time (hereinafter in 
  this subchapter referred to as the period of obligated 
service) of one calendar year for each school year or 
part thereof for which the participant was provided a scholarship under 
the Scholarship Program, but for not less than two years. (2) In a case 
 in which an extension is granted under section 7614(3) of this title, 
the number of years for which a scholarship may be provided under this 
subchapter shall be the number of school years provided for as a result 
 of the extension. (3) In the case of a participant who is a part-time 
 student (A) the period of obligated service shall be reduced in 
accordance with the proportion that the number of credit hours carried 
  by such participant in any such school year bears to the number of 
   credit hours required to be carried by a full-time student in the 
course of training being pursued by the participant, but in no event to 
      less than one year; and (B) the agreement shall include the 
participants agreement to maintain employment, while enrolled 
   in such course of education or training, as a Department employee 
  permanently assigned to a Department health-care facility. (4) If a 
  participants period of obligated service is deferred under 
   section 7616(b)(3)(A)(i) of this title, the agreement terms under 
 paragraph (1) of this subsection shall provide for the participant to 
serve any additional period of obligated service that is prescribed by 
the Secretary under section 7616(b)(4)(B) of this title. (Added Pub. L. 
 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 520, 
Sec. 4312; amended Pub. L. 101237, title II, Sec. 207(a), Dec. 
  18, 1989, 103 Stat. 2068; renumbered Sec. 7612 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), 403(b)(4), May 7, 
 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), 
       (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
 102405, title II, Sec. 202(a), Oct. 9, 1992, 106 Stat. 1983; 
Pub. L. 103446, title XII, Sec. 1201(b)(1), Nov. 2, 1994, 108 
  Stat. 4682; Pub. L. 111163, title VI, Sec. 603(b), May 5, 
 2010, 124 Stat. 1173.) ' 7613. Scholarship (a) A scholarship provided 
to a participant in the Scholarship Program for a school year under the 
  Scholarship Program shall consist of payment of the tuition of the 
     participant for that school year, payment of other reasonable 
 educational expenses (including fees, books, and laboratory expenses) 
for that school year, and a stipend determined under subsection (b) of 
this section. (b) A stipend under this section for a school year shall 
   be payment to the participant of not in excess of $485 per month 
 (adjusted in accordance with section 7631 of this title) for each of 
the 12 consecutive months beginning with the first month of the school 
 year, except that a stipend may not be paid to a participant who is a 
full-time employee of the Department. The stipend of a participant who 
   is a part-time student shall be adjusted as provided in sections 
 7614(1) and 7614(2) of this title. (c) The Secretary may arrange with 
 an educational institution in which a participant in the Scholarship 
 Program is enrolled for the payment to the educational institution of 
   the amounts of tuition and other reasonable educational expenses 
described in subsection (a) of this section. Such payments may be made 
without regard to subsections (a) and (b) of section 3324 of title 31. 
 (Added Pub. L. 100322, title II, Sec. 216(b), May 20, 1988, 
  102 Stat. 521, Sec. 4313; renumbered Sec. 7613 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
  Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
 (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 7614. Part-time students 
 In the case of a participant who is a part-time student (1) the 
   maximum amount of the stipend payable to the participant shall be 
  reduced in accordance with the proportion that the number of credit 
 hours carried by such participant bears to the number of credit hours 
    required to be carried by a full-time student in the course of 
 education or training being pursued by the participant; (2) a stipend 
   may not be paid for any month during which the participant is not 
 actually attending the course of training in which the participant is 
   enrolled; and (3) the Secretary may extend the period for which a 
   scholarship may be awarded to the participant to a maximum of six 
school years if the Secretary determines that the extension would be in 
the best interest of the United States. (Added Pub. L. 100322, 
    title II, Sec. 216(b), May 20, 1988, 102 Stat. 522, Sec. 4314; 
renumbered Sec. 7614, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, Sec. 
 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 7615. Status of 
   participants Participants in the Scholarship Program shall not by 
 reason of their participation in such program (1) be considered to be 
  employees of the Federal Government, or (2) be counted against any 
personnel ceiling affecting the Veterans Health Administration. (Added 
Pub. L. 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 
522, Sec. 4315; renumbered Sec. 7615, Pub. L. 10240, title IV, 
      Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 
 103446, title XII, Sec. 1201(b)(1), Nov. 2, 1994, 108 Stat. 
     4682.) ' 7616. Obligated service (a) Each participant in the 
 Scholarship Program shall provide service as a full-time employee of 
  the Department for the period of obligated service provided in the 
 agreement of the participant entered into under section 7603 of this 
    title. Such service shall be provided in the full-time clinical 
practice of such participants profession or in another health-
care position in an assignment or location determined by the Secretary. 
(b)(1) Not later than 60 days before the participants service 
 commencement date, the Secretary shall notify the participant of that 
 service commencement date. That date is the date for the beginning of 
 the participants period of obligated service. (2) As soon as 
possible after the participants service commencement date, the 
  Secretary shall (A) in the case of a participant who is not a 
full-time employee in the Veterans Health Administration, appoint such 
 participant as such an employee; and (B) in the case of a participant 
  who is an employee in the Veterans Health Administration but is not 
 serving in a position for which such participants course of 
     education or training prepared such participant, assign such 
participant to such a position. (3)(A)(i) In the case of a participant 
 receiving a degree from a school of medicine, osteopathy, dentistry, 
optometry, or podiatry, the participants service commencement 
    date is the date upon which the participant becomes licensed to 
 practice medicine, osteopathy, dentistry, optometry, or podiatry, as 
the case may be, in a State. However, the Secretary may, at the request 
  of such participant, defer such date until the end of the period of 
    time required for the participant to complete an internship or 
   residency or other advanced clinical training. If the participant 
 requests such a deferral, the Secretary shall notify the participant 
  that such deferral could lead to an additional period of obligated 
 service in accordance with paragraph (4) of this subsection. (ii) No 
   such period of internship or residency or other advanced clinical 
   training shall be counted toward satisfying a period of obligated 
    service under this subchapter. (B) In the case of a participant 
receiving a degree from a school of nursing, the participants 
service commencement date is the later of (i) the participants 
  course completion date, or (ii) the date upon which the participant 
becomes licensed as a registered nurse in a State. (C) In the case of a 
 participant not covered by subparagraph (A) or (B) of this paragraph, 
the participants service commencement date is the later of (i) 
the participants course completion date, or (ii) the date the 
      participant meets any applicable licensure or certification 
 requirements. (4) A participant whose period of obligated service is 
deferred under paragraph (3)(A) of this subsection shall be required to 
 undertake internship or residency or other advanced clinical training 
  in an accredited program in an educational institution which is an 
affiliated institution (as defined in section 7423(d)(1) of this title) 
 and with respect to which the affiliation agreement provides that all 
   or part of the internship or residency or other advanced clinical 
training will be undertaken in a Department health-care facility. Such 
  a participant may, at the discretion of the Secretary and upon the 
 recommendation of the Under Secretary for Health, incur an additional 
   period of obligated service (A) at the rate of one-half of a 
    calendar year for each year of internship or residency or other 
 advanced clinical training (or a proportionate ratio thereof), if the 
 internship, residency, or advanced clinical training is in a medical 
    specialty necessary to meet the health-care requirements of the 
     Department (as determined under regulations prescribed by the 
Secretary); or (B) at the rate of three-quarters of a calendar year for 
    each year of internship or residency or other advanced clinical 
    training (or a proportionate ratio thereof), if the internship, 
residency, or advanced clinical training is not in a medical specialty 
 necessary to meet the health-care requirements of the Department (as 
  determined under regulations prescribed by the Secretary). (5) The 
 Secretary shall by regulation prescribe the service commencement date 
 for participants who were part-time students. Such regulations shall 
  prescribe terms as similar as practicable to the terms set forth in 
    paragraph (3) of this subsection. (c)(1) Except as provided in 
  paragraph (2) of this subsection, a participant in the Scholarship 
        Program shall be considered to have begun serving such 
participants period of obligated service (A) on the date, 
after such participants course completion date, on which such 
  participant (in accordance with subsection (b) of this section) is 
 appointed under this chapter as a full-time employee in the Veterans 
    Health Administration; or (B) if the participant is a full-time 
     employee in the Veterans Health Administration on such course 
 completion date, on the date thereafter on which such participant is 
 assigned to a position for which such participants course of 
     training prepared such participant. (2) A participant in the 
Scholarship Program who on such participants course completion 
  date is a full-time employee in the Veterans Health Administration 
 serving in a capacity for which such participants course of 
 training prepared such participant shall be considered to have begun 
serving such participants period of obligated service on such 
course completion date. (3) For the purposes of this section, the term 
course completion date means the date on 
     which a participant in the Scholarship Program completes such 
    participants course of education or training under the 
program. (Added Pub. L. 100322, title II, Sec. 216(b), May 20, 
 1988, 102 Stat. 522, Sec. 4316; renumbered Sec. 7616 and amended Pub. 
L. 10240, title IV, Sec. 402(b)(1), (d)(1), 403(b)(5), May 7, 
1991, 105 Stat. 238240; Pub. L. 10283, Sec. 4(a)(3), 
    (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1984; Pub. L. 103446, title XII, Sec. 1201(b)(1), Nov. 2,1994, 
     108 Stat. 4682.) ' 7617. Breach of agreement: liability (a) A 
   participant in the Scholarship Program (other than a participant 
   described in subsection (b) of this section) who fails to accept 
    payment, or instructs the educational institution in which the 
participant is enrolled not to accept payment, in whole or in part, of 
 a scholarship under the agreement entered into under section 7603 of 
this title shall be liable to the United States for liquidated damages 
in the amount of $1,500. Such liability is in addition to any period of 
obligated service or other obligation or liability under the agreement. 
  (b) A participant in the Scholarship Program shall be liable to the 
United States for the amount which has been paid to or on behalf of the 
participant under the agreement if any of the following occurs: (1) The 
participant fails to maintain an acceptable level of academic standing 
in the educational institution in which the participant is enrolled (as 
determined by the educational institution under regulations prescribed 
     by the Secretary). (2) The participant is dismissed from such 
 educational institution for disciplinary reasons. (3) The participant 
   voluntarily terminates the course of training in such educational 
 institution before the completion of such course of training. (4) The 
participant fails to become licensed to practice medicine, osteopathy, 
dentistry, podiatry, or optometry in a State, fails to become licensed 
   as a registered nurse in a State, or fails to meet any applicable 
 licensure requirement in the case of any other health-care personnel 
who provide either direct patient-care services or services incident to 
direct patient-care services, during a period of time determined under 
     regulations prescribed by the Secretary. (5) In the case of a 
   participant who is a part-time student, the participant fails to 
  maintain employment, while enrolled in the course of training being 
   pursued by such participant, as a Department employee permanently 
  assigned to a Department health-care facility. Liability under this 
   subsection is in lieu of any service obligation arising under the 
    participants agreement. (c)(1) If a participant in the 
Scholarship Program breaches the agreement by failing (for any reason) 
to complete such participants period of obligated service, the 
  United States shall be entitled to recover from the participant an 
amount determined in accordance with the following formula: A=3F(t-s/t) 
In such formula: (A) A is the amount the 
               United States is entitled to recover. (B) 
  F is the sum of (i) the amounts paid 
under this sub-chapter to or on behalf of the participant, and (ii) the 
  interest on such amounts which would be payable if at the time the 
amounts were paid they were loans bearing interest at the maximum legal 
 prevailing rate, as determined by the Treasurer of the United States. 
 (C) t is the total number of months in 
 the participants period of obligated service, including any 
   additional period of obligated service in accordance with section 
 7616(b)(4) of this title. (D) s is the 
number of months of such period served by the participant in accordance 
 with section 7613 of this title. (2) Any amount of damages which the 
 United States is entitled to recover under this section shall be paid 
 to the United States within the one-year period beginning on the date 
 of the breach of the agreement. (Added Pub. L. 100322, title 
  II, Sec. 216(b), May 20, 1988, 102 Stat. 524, Sec. 4317; renumbered 
Sec. 7617 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
  4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 
           7618. Additional program requirements (a) PROGRAM 
MODIFICATION.Notwithstanding any provision of this subchapter, the 
    Secretary shall carry out this subchapter after the date of the 
enactment of this section by modifying the Scholarship Program in such 
 a manner that the program and hiring processes are designed to fully 
   employ Scholarship Program graduates as soon as possible, if not 
       immediately, upon graduation and completion of necessary 
certifications, and to actively assist and monitor graduates to ensure 
   certifications are obtained in a minimal amount of time following 
    graduation. (b) CLINICAL TOURS.The Secretary shall require 
 participants in the Scholarship Program to perform clinical tours in 
    assignments or locations determined by the Secretary while the 
 participants are enrolled in the course of education or training for 
which the scholarship is provided. (c) MENTORS.The Secretary shall 
ensure that at the commencement of the period of obligated service of a 
participant in the Scholarship Program, the participant is assigned to 
  a mentor who is employed in the same facility where the participant 
 performs such service. (Added Pub. L. 111163, title VI, Sec. 
603(c)(2), May 5, 2010, 124 Stat. 1173.) ' 7619. Expiration of program 
 The Secretary may not furnish scholarships to new participants in the 
      Scholarship Program after December 31, 2014. (Added Pub. L. 
 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 525, 
Sec. 4318; renumbered Sec. 7618, Pub. L. 10240, title IV, Sec. 
402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, 
    Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
 102585, title V, Sec. 523(a), Nov. 4, 1992, 106 Stat. 4959; 
  Pub. L. 104 110, title I, Sec. 101(j), Feb. 13, 1996, 110 
  Stat. 769; Pub. L. 105114, title II, Sec. 207(a), Nov. 21, 
    1997, 111 Stat. 2289; renumbered Sec. 7619 and amended Pub. L. 
111163, title VI, Sec. 603(a), (c)(1), May 5, 2010, 124 Stat. 
    1173.) SUBCHAPTER IIITUITION REIMBURSEMENT PROGRAM ' 7621. 
 Authority for program As part of the Educational Assistance Program, 
  the Secretary shall carry out a tuition reimbursement program under 
   this sub-chapter. The program shall be known as the Department of 
    Veterans Affairs Nurse Education Tuition Reimbursement Program 
  (hereinafter in this chapter referred to as the Tuition 
       Reimbursement Program). (Added Pub. L. 
 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 525, 
Sec. 4321; renumbered Sec. 7621, Pub. L. 10240, title IV, Sec. 
402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, 
     Sec. 4(a)(2)(B)(vi), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
403405.) ' 7622. Eligibility; application; agreement (a) To be 
   eligible to participate in the Tuition Reimbursement Program, an 
 individual must be a full-time employee in the Department permanently 
assigned to a Department health-care facility and must be enrolled in a 
course of training offered by an institution approved by the Secretary 
   leading toward completion of (1) an associate or higher degree in 
nursing, or (2) a masters degree or doctoral degree in nursing. (b) In 
   selecting applicants for acceptance in the Tuition Reimbursement 
  Program, the Secretary (in addition to according priorities as set 
      forth in section 7603(d) of this title) shall give special 
 consideration and emphasis to individuals pursuing a course of study 
  which will expedite an increase in the number of registered nurses 
employed by the Department. The Secretary shall then give priority, in 
the following order, to (1) individuals who have been employed as 
   full-time employees in the Nursing Service in the Veterans Health 
   Administration; and (2) individuals who have previously received 
 tuition reimbursement under the Tuition Reimbursement Program. (c) An 
   agreement between the Secretary and a participant in the Tuition 
Reimbursement Program shall (in addition to the requirements set forth 
     in section 7604 of this title) contain the following: (1) The 
 Secretarys agreement to provide the participant with tuition 
reimbursement following successful completion (as determined, pursuant 
    to regulations prescribed by the Secretary, by the educational 
   institution involved) of (A) a course or courses required for the 
 course of study described in subsection (a) of this section, or (B) a 
 course or courses taken as necessary prerequisites for degree program 
   enrollment if a letter regarding the potential enrollment of the 
 participant from an appropriate official of the institution involved 
      includes a statement specifying such prerequisites. (2) The 
participants agreement (A) to maintain employment, while 
 enrolled in the course of training being pursued by such participant, 
       as a full-time Department employee in the Veterans Health 
    Administration permanently assigned to a Department health-care 
 facility; and (B) to continue to serve as a full-time employee in the 
   Veterans Health Administration for one year (hereinafter in this 
     subchapter referred to as the period of obligated 
service) after completion of the course for which the 
 participant received tuition reimbursement. (d) Tuition reimbursement 
provided to a participant in the Tuition Reimbursement Program may not 
  exceed $2,000 per year (adjusted in accordance with section 7631 of 
    this title). (e) The Secretary may arrange with an educational 
   institution pursuant to which such an institution would provide a 
course or courses at a Department health-care facility to participants 
 in the Tuition Reimbursement Program. Under such an arrangement, the 
 Secretary may agree to pay to the institution an amount not in excess 
 of an amount determined by multiplying the number of participants in 
 such a course by the amount of tuition reimbursement each participant 
 would receive for enrolling and successfully completing such course. 
 (Added Pub. L. 100322, title II, Sec. 216(b), May 20, 1988, 
  102 Stat. 525, Sec. 4322; renumbered Sec. 7622 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10254, Sec. 14(e)(9), June 13, 1991, 
   105 Stat. 287; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
  (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103446, 
    title XII, Sec. 1201(b), Nov. 2, 1994, 108 Stat. 4682.) ' 7623. 
  Obligated service (a) Each participant in the Tuition Reimbursement 
  Program shall provide service in the full-time clinical practice of 
 such participants profession as a full-time employee of the 
    Department for the period of obligated service provided in the 
 agreement of such participant entered into under section 7603 of this 
   title. (b) A participant who on such participants course 
    completion date is a full-time employee in the Veterans Health 
     Administration shall be considered to have begun serving such 
    participants period of obligated service on the course 
completion date. (c) Except in the case of a participant whose tuition 
was paid pursuant to section 7622(e) of this title, if a participant in 
  the Tuition Reimbursement Program fails to successfully complete a 
 course, no reimbursement will be provided and no period of obligated 
   service will be incurred. (d) In the case of a participant whose 
  tuition was paid pursuant to section 7622(e) of this title and who 
 fails to complete the course involved, the period of obligation shall 
 be of the same duration as it would have been if the participant had 
successfully completed the course and the course completion date shall 
be considered to be the date on which the participants failure 
becomes an established fact. (e) For the purposes of this section, the 
  term course completion date means the 
   date on which a participant in the Tuition Reimbursement Program 
   completes such participants course of training under the 
program. (Added Pub. L. 100322, title II, Sec. 216(b), May 20, 
 1988, 102 Stat. 526, Sec. 4323; amended Pub. L. 100687, div. 
B, title XV, Sec. 1503(a)(3), Nov. 18, 1988, 102 Stat. 4134; renumbered 
Sec. 7623 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
  4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 103446, 
  title XII, Sec. 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.) ' 7624. 
    Breach of agreement: liability (a) A participant in the Tuition 
Reimbursement Program who fails to maintain employment as a Department 
employee permanently assigned to a Department health-care facility 
  (1) may not be provided reimbursement for tuition for the course or 
 courses in which the participant is enrolled; and (2) in lieu of any 
service obligation arising from participation in the program, shall be 
 liable to the United States for the amount which has been paid or is 
payable to or on behalf of the participant under the agreement, reduced 
by the proportion that the number of days served for completion of the 
      service obligation bears to the total number of days in the 
 participants period of obligated service. (b) Any amount of 
   damages which the United States is entitled to recover under this 
 section shall be paid to the United States within the one-year period 
 beginning on the date of the breach of the agreement. (Added Pub. L. 
 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 527, 
  Sec. 4324; amended Pub. L. 100687, div. B, title XV, Sec. 
 1503(a)(4), Nov. 18, 1988, 102 Stat. 4134; renumbered Sec. 7624, Pub. 
  L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 
238; Pub. L. 10283, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 
404.) ' 7625. Allocation and distribution of funding In determining the 
amount of funding to allocate to Department health-care facilities for 
 any fiscal year in connection with the Tuition Reimbursement Program, 
  the Secretary shall take into account (1) the personnel ceiling for 
  that fiscal year for nursing personnel, and (2) the recruitment and 
  retention needs of such facilities, as determined by the Secretary. 
 (Added Pub. L. 100322, title II, Sec. 216(b), May 20, 1988, 
102 Stat. 527, Sec. 4325; renumbered Sec. 7625, Pub. L. 10240, 
 title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
   Stat. 404, 405.) SUBCHAPTER IVADMINISTRATIVE MATTERS ' 7631. 
Periodic adjustments in amount of assistance (a)(1) Whenever there is a 
general Federal pay increase, the Secretary shall increase the maximum 
 monthly stipend amount, the maximum tuition reimbursement amount, the 
 maximum Selected Reserve member stipend amount, the maximum employee 
incentive scholarship amount, and the maximum education debt reduction 
 payments amount. Any such increase shall take effect with respect to 
any school year that ends in the fiscal year in which the pay increase 
  takes effect. (2) The amount of any increase under paragraph (1) of 
  this subsection is the previous maximum amount under that paragraph 
multiplied by the overall percentage of the adjustment in the rates of 
   pay under the General Schedule made under the general Federal pay 
 increase. Such amount shall be rounded to the next lower multiple of 
$1. (b) For purposes of this section: (1) The term maximum 
  monthly stipend amount means the maximum monthly 
 stipend that may be paid to a participant in the Scholarship Program 
 specified in section 7613(b) of this title and as previously adjusted 
       (if at all) in accordance with this section. (2) The term 
  maximum tuition reimbursement amount 
    means the maximum amount of tuition reimbursement provided to a 
 participant in the Tuition Reimbursement Program specified in section 
    7622(e) of this title and as previously adjusted (if at all) in 
accordance with this section. (3) The term maximum Selected 
   Reserve member stipend amount means the maximum 
 amount of assistance provided to a person receiving assistance under 
  subchapter V of this chapter, as specified in section 7653 of this 
 title and as previously adjusted (if at all) in accordance with this 
     section. (4) The term maximum employee incentive 
 scholarship amount means the maximum amount of the 
  scholarship payable to a participant in the Department of Veterans 
 Affairs Employee Incentive Scholarship Program under subchapter VI of 
 this chapter, as specified in section 7673(b)(1) of this title and as 
 previously adjusted (if at all) in accordance with this section. (5) 
    The term maximum education debt reduction payments 
  amount means the maximum amount of education debt 
   reduction payments payable to a participant in the Department of 
Veterans Affairs Education Debt Reduction Program under subchapter VII 
 of this chapter, as specified in section 7683(d)(1) of this title and 
as previously adjusted (if at all) in accordance with this section. (6) 
  The term general Federal pay increase 
  means an adjustment (if an increase) in the rates of pay under the 
General Schedule under subchapter III of chapter 53 of title 5. (Added 
Pub. L. 100322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 
528, Sec. 4331; amended Pub. L. 101366, title II, Sec. 205(b), 
Aug. 15, 1990, 104 Stat. 441; renumbered Sec. 7631 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239; Pub. L. 10254, Sec. 14(e)(10), June 13, 1991, 
 105 Stat. 287; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 
   1991, 105 Stat. 404, 405; Pub. L. 107135, title I, Secs. 
 101(f), (g), 102(d)(1), Jan. 23, 2002, 115 Stat. 2448, 2449.) ' 7632. 
Annual report Not later than March 1 of each year, the Secretary shall 
submit to Congress a report on the Educational Assistance Program. Each 
such report shall include the following information: (1) The number of 
    students receiving educational assistance under the Educational 
     Assistance Program, showing the numbers of students receiving 
  assistance under the Scholarship Program, the Tuition Reimbursement 
Program, the Employee Incentive Scholarship Program, and the Education 
Debt Reduction Program separately, and the number of students (if any) 
enrolled in each type of health profession training under each program. 
  (2) The education institutions (if any) providing such training to 
 students in each program. (3) The number of applications filed under 
  each program, by health profession category, during the school year 
  beginning in such year and the total number of such applications so 
  filed for all years in which the Educational Assistance Program (or 
predecessor program) has been in existence. (4) The average amounts of 
  educational assistance provided per participant in the Scholarship 
  Program, per participant in the Tuition Reimbursement Program, per 
  participant in the Employee Incentive Scholarship Program, and per 
participant in the Education Debt Reduction Program. (5) The amount of 
tuition and other expenses paid, by health profession category, in the 
   aggregate and at each educational institution for the school year 
 beginning in such year and for prior school years. (6) The number of 
scholarships accepted, by health profession category, during the school 
   year beginning in such year and the number, by health profession 
   category, which were offered and not accepted. (7) The number of 
   participants who complete a course or course of training in each 
 program each year and for all years that such program (or predecessor 
 program) has been in existence. (Added Pub. L. 100322, title 
  II, Sec. 216(b), May 20, 1988, 102 Stat. 528, Sec. 4332; renumbered 
  Sec. 7632, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
  1991, 105 Stat. 238; amended Pub. L. 10283, Sec. 4(b)(1), 
  (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105368, 
   title VIII, Sec. 805(5), Nov. 11, 1998, 112 Stat. 3359.) ' 7633. 
Regulations The Secretary shall prescribe regulations to carry out the 
 Educational Assistance Program. (Added Pub. L. 100322, title 
  II, Sec. 216(b), May 20, 1988, 102 Stat. 529, Sec. 4333; renumbered 
  Sec. 7633, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
  1991, 105 Stat. 238; amended Pub. L. 10283, Sec. 4(b)(1), 
(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 7634. Breach of agreement; 
waiver of liability (a) An obligation under the Educational Assistance 
  Program (or an agreement under the program) of a participant in the 
 Educational Assistance Program for performance of services or payment 
   of damages is canceled upon the death of the participant. (b) The 
   Secretary shall prescribe regulations providing for the waiver or 
 suspension of any obligation of a participant for service or payment 
  under the Educational Assistance Program (or an agreement under the 
     program) whenever noncompliance by the participant is due to 
  circumstances beyond the control of the participant or whenever the 
Secretary determines that the waiver or suspension of compliance is in 
    the best interest of the United States. (c) An obligation of a 
 participant under the Educational Assistance Program (or an agreement 
 thereunder) for payment of damages may not be released by a discharge 
  in bankruptcy under title 11 before the expiration of the five-year 
period beginning on the first date the payment of such damages is due. 
 (Added Pub. L. 100322, title II, Sec. 216(b), May 20, 1988, 
102 Stat. 529, Sec. 4334; renumbered Sec. 7634, Pub. L. 10240, 
 title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 
  405.) ' 7635. Service in other agencies (a) The Secretary, with the 
 consent of the participant or individual involved and the consent of 
 the head of the department or agency involved, may permit (1) a 
period of obligated service required under this chapter to be performed 
   in the Veterans Health Administration to be performed in another 
    Federal department or agency or in the Armed Forces in lieu of 
performance of such service in the Veterans Health Administration; and 
 (2) a period of obligated service required to be performed in another 
   Federal department or agency or in the Armed Forces under another 
Federal health personnel educational assistance program to be performed 
   in the Veterans Health Administration. (b) This section shall be 
    carried out in cooperation with the heads of other appropriate 
  departments and agencies. (Added Pub. L. 100322, title II, 
 Sec. 216(b), May 20, 1988, 102 Stat. 529, Sec. 4335; renumbered Sec. 
 7635, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 
 105 Stat. 238; amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 
 Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103446, title XII, 
 Sec. 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.) ' 7636. Exemption of 
educational assistance payments from taxation Notwithstanding any other 
 law, any payment to, or on behalf of a participant in the Educational 
  Assistance Program, for tuition, education expenses, a stipend, or 
   education debt reduction under this chapter shall be exempt from 
 taxation. (Added Pub. L. 100322, title II, Sec. 216(b), May 
   20, 1988, 102 Stat. 529, Sec. 4336; renumbered Sec. 7636, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
  amended Pub. L. 105368, title VIII, Sec. 805(6), Nov. 11, 
1998, 112 Stat. 3359.) SUBCHAPTER VSTIPEND PROGRAM FOR MEMBERS OF 
 THE SELECTED RESERVE ' 7651. Authority for program (a) As part of the 
 Educational Assistance Program, the Secretary of Veterans Affairs may 
     select qualified individuals to receive assistance under this 
    subchapter. (b) To be eligible to receive assistance under this 
    subchapter, an individual must be accepted for enrollment or be 
enrolled as a full-time student at a qualifying educational institution 
in a course of education or training that is approved by the Secretary 
  and that leads toward completion of a degree in a health profession 
involving direct patient care or care incident to direct patient care. 
  (Added Pub. L. 101366, title II, Sec. 205(a)(1), Aug. 15, 
     1990, 104 Stat. 439, Sec. 4351; renumbered Sec. 7651, Pub. L. 
10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.) 
' 7652. Eligibility: individuals entitled to benefits under the GI Bill 
 program for members of the Selected Reserve The Secretary of Veterans 
Affairs may not approve an application under section 7603 of this title 
 of an individual applying to receive assistance under this subchapter 
 unless (1) the individual is entitled to benefits under chapter 
   106 of title 10; and (2) the score of the individual on the Armed 
Forces Qualification Test was above the 50th percentile. (Added Pub. L. 
  101366, title II, Sec. 205(a)(1), Aug. 15, 1990, 104 Stat. 
       440, Sec. 4352; renumbered Sec. 7652 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239.) ' 7653. Amount of assistance The Secretary may pay to 
   a person selected to receive assistance under this subchapter the 
amount of $400 (adjusted in accordance with section 7631 of this title) 
   for each month of the persons enrollment in a program of 
 education or training covered by the agreement of the person entered 
into under section 7603 of this title. Payment of such benefits for any 
 period shall be coordinated with any payment of benefits for the same 
 period under chapter 106 of title 10. (Added Pub. L. 101366, 
  title II, Sec. 205(a)(1), Aug. 15, 1990, 104 Stat. 440, Sec. 4353; 
renumbered Sec. 7653 and amended Pub. L. 10240, title IV, Sec. 
402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.) ' 7654. Obligated 
   service A person receiving assistance under this subchapter shall 
       provide service in the full-time clinical practice of the 
 persons profession as a full-time employee of the Department 
 for the period of obligated service provided in the agreement of such 
 person entered into under section 7603 of this title. (Added Pub. L. 
  101366, title II, Sec. 205(a)(1), Aug. 15, 1990, 104 Stat. 
       440, Sec. 4354; renumbered Sec. 7654 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239.) ' 7655. Breach of agreement; liability (a)(1) Subject 
  to paragraph (2), an individual who is receiving or has received a 
 reserve member stipend under this subchapter and who fails to perform 
the service for which the individual is obligated under section 7654 of 
this title shall be liable to the United States in an amount determined 
in accordance with section 7617(c)(1) of this title. (2) An individual 
 who, as a result of performing active duty (including active duty for 
training), is unable to perform the service for which the individual is 
   obligated under section 7654 of this title shall be permitted to 
  perform that service upon completion of the active duty service (or 
active duty for training). The Secretary may, by regulation, waive the 
requirement for the performance of the service for which the individual 
is obligated under section 7654 of this title in any case in which the 
   Secretary determines that the individual is unable to perform the 
service for reasons beyond the control of the individual or in any case 
in which the waiver would be in the best interest of the individual and 
    the United States. (b) Any amount owed the United States under 
   subsection (a) of this section shall be paid to the United States 
 during the one-year period beginning on the date of the breach of the 
 agreement. (Added Pub. L. 101366, title II, Sec. 205(a)(1), 
   Aug. 15, 1990, 104 Stat. 440, Sec. 4355; renumbered Sec. 7655 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
  7, 1991, 105 Stat. 238, 239.) SUBCHAPTER VIEMPLOYEE INCENTIVE 
   SCHOLARSHIP PROGRAM ' 7671. Authority for program As part of the 
     Educational Assistance Program, the Secretary may carry out a 
 scholarship program under this subchapter. The program shall be known 
 as the Department of Veterans Affairs Employee Incentive Scholarship 
      Program (hereinafter in this sub-chapter referred to as the 
 Program). The purpose of the Program is 
   to assist, through the establishment of an incentive program for 
individuals employed in the Veterans Health Administration, in meeting 
  the staffing needs of the Veterans Health Administration for health 
    professional occupations for which recruitment or retention of 
qualified personnel is difficult. (Added Pub. L. 105368, title 
   VIII, Sec. 802(a), Nov. 11, 1998, 112 Stat. 3352; amended Pub. L. 
  10714, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35.) ' 7672. 
     Eligibility; agreement (a) ELIGIBILITY.To be eligible to 
     participate in the Program, an individual must be an eligible 
  Department employee who is accepted for enrollment or enrolled (as 
 described in section 7602 of this title) as a full-time or part-time 
  student in a field of education or training described in subsection 
(c). (b) ELIGIBLE DEPARTMENT EMPLOYEES.For purposes of subsection 
(a), an eligible Department employee is any employee of the Department 
 who, as of the date on which the employee submits an application for 
  participation in the Program, has been continuously employed by the 
    Department for not less than one year. (c) QUALIFYING FIELDS OF 
   EDUCATION OR TRAINING.A scholarship may be awarded under the 
     Program only for education and training in a field leading to 
   appointment or retention in a position under section 7401 of this 
 title. (d) AWARD OF SCHOLARSHIPS.Notwithstanding section 7603(d) 
of this title, the Secretary, in selecting participants in the Program, 
    may award a scholarship only to applicants who have a record of 
   employment with the Veterans Health Administration which, in the 
  judgment of the Secretary, demonstrates a high likelihood that the 
 applicant will be successful in completing such education or training 
 and in employment in such field. (e) AGREEMENT.(1) An agreement 
   between the Secretary and a participant in the Program shall (in 
 addition to the requirements set forth in section 7604 of this title) 
include the following: (A) The Secretarys agreement to provide 
 the participant with a scholarship under the Program for a specified 
number (from one to three) of school years during which the participant 
 pursues a course of education or training described in subsection (c) 
that meets the requirements set forth in section 7602(a) of this title. 
    (B) The participants agreement to serve as a full-time 
  employee in the Veterans Health Administration for a period of time 
 (hereinafter in this subchapter referred to as the period 
 of obligated service) determined in accordance with 
 regulations prescribed by the Secretary of up to three calendar years 
  for each school year or part thereof for which the participant was 
   provided a scholarship under the Program, but for not less than 3 
     years. (C) The participants agreement to serve under 
 subparagraph (B) in a Department facility selected by the Secretary. 
(2) In a case in which an extension is granted under section 7673(c)(2) 
   of this title, the number of years for which a scholarship may be 
provided under the Program shall be the number of school years provided 
for as a result of the extension. (3) In the case of a participant who 
   is a part-time student, the period of obligated service shall be 
  reduced in accordance with the proportion that the number of credit 
hours carried by such participant in any such school year bears to the 
number of credit hours required to be carried by a full-time student in 
  the course of training being pursued by the participant, but in no 
event to less than 1 year. (Added Pub. L. 105368, title VIII, 
      Sec. 802(a), Nov. 11, 1998, 112 Stat. 3352; amended Pub. L. 
  10714, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 
107135, title I, Sec. 101(b), Jan. 23, 2002, 115 Stat. 2447.) 
 ' 7673. Scholarship (a) SCHOLARSHIP.A scholarship provided to a 
 participant in the Program for a school year shall consist of payment 
of the tuition (or such portion of the tuition as may be provided under 
subsection (b)) of the participant for that school year and payment of 
   other reasonable educational expenses (including fees, books, and 
 laboratory expenses) for that school year. (b) AMOUNTS.The total 
amount of the scholarship payable under subsection (a) (1) in the 
 case of a participant in the Program who is a full-time student, may 
    not exceed $10,000 for the equivalent of one year of full-time 
coursework; and (2) in the case of a participant in the Program who is 
a part-time student, shall bear the same ratio to the amount that would 
be paid under paragraph (1) if the participant were a full-time student 
in the course of education or training being pursued by the participant 
as the coursework carried by the participant to full-time coursework in 
  that course of education or training. (c) LIMITATIONS ON PERIOD OF 
    PAYMENT.(1) The maximum number of school years for which a 
 scholarship may be paid under subsection (a) to a participant in the 
Program shall be six school years. (2) A participant in the Program may 
   not receive a scholarship under subsection (a) for more than the 
   equivalent of three years of full-time coursework. (d) PAYMENT OF 
 EDUCATIONAL EXPENSES BY EDUCATIONAL IN-STITUTIONS.The Secretary 
 may arrange with an educational institution in which a participant in 
  the Program is enrolled for the payment of the educational expenses 
 described in subsection (a). Such payments may be made without regard 
 to subsections (a) and (b) of section 3324 of title 31. (e) FULL-TIME 
  COURSEWORK.For purposes of this section, full-time coursework 
   shall consist of the following: (1) In the case of undergraduate 
coursework, 30 semester hours per undergraduate school year. (2) In the 
  case of graduate coursework, 18 semester hours per graduate school 
year. (Added Pub. L. 105368, title VIII, Sec. 802(a), Nov. 11, 
 1998, 112 Stat. 3353; amended Pub. L. 107135, title I, Sec. 
   101(c)(e), Jan. 23, 2002, 115 Stat. 2447, 2448.) ' 7674. 
 Obligated service (a) IN GENERAL.Each participant in the Program 
shall provide service as a full-time employee of the Department for the 
     period of obligated service provided in the agreement of the 
participant entered into under section 7603 of this title. Such service 
     shall be provided in the full-time clinical practice of such 
participants profession or in another health-care position in 
      an assignment or location determined by the Secretary. (b) 
 DETERMINATION OF SERVICE COMMENCEMENT DATE.(1) Not later than 60 
  days before a participants service commencement date, the 
  Secretary shall notify the participant of that service commencement 
         date. That date is the date for the beginning of the 
   participants period of obligated service. (2) As soon as 
 possible after a participants service commencement date, the 
  Secretary shall (A) in the case of a participant who is not a 
 full-time employee in the Veterans Health Administration, appoint the 
 participant as such an employee; and (B) in the case of a participant 
  who is an employee in the Veterans Health Administration but is not 
  serving in a position for which the participants course of 
education or training prepared the participant, assign the participant 
  to such a position. (3)(A) In the case of a participant receiving a 
degree from a school of medicine, osteopathy, dentistry, optometry, or 
 podiatry, the participants service commencement date is the 
date upon which the participant becomes licensed to practice medicine, 
osteopathy, dentistry, optometry, or podiatry, as the case may be, in a 
   State. (B) In the case of a participant receiving a degree from a 
school of nursing, the participants service commencement date 
 is the later of (i) the participants course completion 
date; or (ii) the date upon which the participant becomes licensed as a 
   registered nurse in a State. (C) In the case of a participant not 
 covered by subparagraph (A) or (B), the participants service 
 commencement date is the later of (i) the participants 
  course completion date; or (ii) the date the participant meets any 
 applicable licensure or certification requirements. (4) The Secretary 
    shall by regulation prescribe the service commencement date for 
   participants who were part-time students. Such regulations shall 
  prescribe terms as similar as practicable to the terms set forth in 
paragraph (3). (c) COMMENCEMENT OF OBLIGATED SERVICE.(1) Except as 
   provided in paragraph (2), a participant in the Program shall be 
 considered to have begun serving the participants period of 
obligated service (A) on the date, after the participants 
 course completion date, on which the participant (in accordance with 
 subsection (b)) is appointed as a full-time employee in the Veterans 
    Health Administration; or (B) if the participant is a full-time 
     employee in the Veterans Health Administration on such course 
  completion date, on the date thereafter on which the participant is 
 assigned to a position for which the participants course of 
training prepared the participant. (2) A participant in the Program who 
  on the participants course completion date is a full-time 
 employee in the Veterans Health Administration serving in a capacity 
  for which the participants course of training prepared the 
       participant shall be considered to have begun serving the 
   participants period of obligated service on such course 
   completion date. (d) COURSE COMPLETION DATE DEFINED.In this 
section, the term course completion date 
  means the date on which a participant in the Program completes the 
    participants course of education or training under the 
Program. (Added Pub. L. 105368, title VIII, Sec. 802(a), Nov. 
 11, 1998, 112 Stat. 3354.) ' 7675. Breach of agreement: liability (a) 
  LIQUIDATED DAMAGES.A participant in the Program (other than a 
 participant described in subsection (b)) who fails to accept payment, 
 or instructs the educational institution in which the participant is 
 enrolled not to accept payment, in whole or in part, of a scholarship 
under the agreement entered into under section 7603 of this title shall 
be liable to the United States for liquidated damages in the amount of 
   $1,500. Such liability is in addition to any period of obligated 
   service or other obligation or liability under the agreement. (b) 
  LIABILITY DURING COURSE OF EDUCATION OR TRAINING.(1) Except as 
   provided in subsection (d), a participant in the Program shall be 
liable to the United States for the amount which has been paid to or on 
 behalf of the participant under the agreement if any of the following 
 occurs: (A) The participant fails to maintain an acceptable level of 
     academic standing in the educational institution in which the 
 participant is enrolled (as determined by the educational institution 
under regulations prescribed by the Secretary). (B) The participant is 
 dismissed from such educational institution for disciplinary reasons. 
 (C) The participant voluntarily terminates the course of education or 
training in such educational institution before the completion of such 
 course of education or training. (D) The participant fails to become 
  licensed to practice medicine, osteopathy, dentistry, podiatry, or 
optometry in a State, fails to become licensed as a registered nurse in 
 a State, or fails to meet any applicable licensure requirement in the 
   case of any other health-care personnel who provide either direct 
   patient-care services or services incident to direct patient-care 
    services, during a period of time determined under regulations 
prescribed by the Secretary. (E) In the case of a participant who is a 
part-time student, the participant fails to maintain employment, while 
enrolled in the course of training being pursued by the participant, as 
 a Department employee. (2) Liability under this subsection is in lieu 
    of any service obligation arising under a participants 
 agreement. (c) LIABILITY DURING PERIOD OF OBLIGATED SERVICE.(1) 
 Except as provided in subsection (d), if a participant in the Program 
   breaches the agreement by failing for any reason to complete such 
 participants period of obligated service, the United States 
shall be entitled to recover from the participant an amount determined 
   in accordance with the following formula: A=3F(t-s/t) (2) In such 
 formula: (A) A is the amount the United 
 States is entitled to recover. (B) F is 
  the sum of (i) the amounts paid under this subchapter to or on 
behalf of the participant; and (ii) the interest on such amounts which 
 would be payable if at the time the amounts were paid they were loans 
bearing interest at the maximum legal prevailing rate, as determined by 
the Treasurer of the United States. (C) t 
 is the total number of months in the participants period of 
obligated service, including any additional period of obligated service 
       in accordance with section 7673(c)(2) of this title. (D) 
s is the number of months of such period 
   served by the participant in accordance with section 7673 of this 
         title. (d) LIMITATION ON LIABILITY FOR REDUCTIONS-IN-
FORCE.Liability shall not arise under subsection (b)(1)(E) or (c) 
   in the case of a participant otherwise covered by the subsection 
    concerned if the participant fails to maintain employment as a 
   Department employee due to a staffing adjustment. (e) PERIOD FOR 
 PAYMENT OF DAMAGES.Any amount of damages which the United States 
 is entitled to recover under this section shall be paid to the United 
States within the 1-year period beginning on the date of the breach of 
the agreement. (Added Pub. L. 105368, title VIII, Sec. 802(a), 
      Nov. 11, 1998, 112 Stat. 3355.) x' 7676. Repealed. Pub. L. 
  107135, title I, Sec. 101(a)(1), Jan. 23, 2002, 115 Stat. 
  2447 SUBCHAPTER VIIEDUCATION DEBT REDUCTION PROGRAM ' 
  7681. Authority for program (a) IN GENERAL.(1) As part of the 
    Educational Assistance Program, the Secretary may carry out an 
  education debt reduction program under this subchapter. The program 
  shall be known as the Department of Veterans Affairs Education Debt 
 Reduction Program (hereinafter in this subchapter referred to as the 
 Education Debt Reduction Program). (2) 
The purpose of the Education Debt Reduction Program is to assist in the 
 recruitment and retention of qualified health care professionals for 
 positions in the Veterans Health Administration for which recruitment 
or retention of an adequate supply of qualified personnel is difficult. 
(b) RELATIONSHIP TO EDUCATIONAL ASSISTANCE PROGRAM. Education debt 
reduction payments under the Education Debt Reduction Program may be in 
    addition to other assistance available to individuals under the 
 Educational Assistance Program. (Added Pub. L. 105368, title 
   VIII, Sec. 803(a), Nov. 11, 1998, 112 Stat. 3357; amended Pub. L. 
  10714, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 
111163, title III, Sec. 301(a), May 5, 2010, 124 Stat. 1146.) 
 ' 7682. Eligibility (a) ELIGIBILITY.An individual is eligible to 
      participate in the Education Debt Reduction Program if the 
       individual (1) is an employee in the Veterans Health 
 Administration serving in a position (as determined by the Secretary) 
 providing direct-patient care services or services incident to direct-
 patient care services for which recruitment or retention of qualified 
health-care personnel (as so determined) is difficult; and (2) owes any 
  amount of principal or interest under a loan, the proceeds of which 
were used by or on behalf of that individual to pay costs relating to a 
 course of education or training which led to a degree that qualified 
   the individual for the position referred to in paragraph (1). (b) 
COVERED COSTS.For purposes of subsection (a)(2), costs relating to 
 a course of education or training include (1) tuition expenses; 
 (2) all other reasonable educational expenses, including expenses for 
    fees, books, and laboratory expenses; and (3) reasonable living 
expenses. (Added Pub. L. 105368, title VIII, Sec. 803(a), Nov. 
  11, 1998, 112 Stat. 3357; amended Pub. L. 107135, title I, 
 Sec. 102(b), Jan. 23, 2002, 115 Stat. 2448; Pub. L. 111163, 
title III, Sec. 301(b), May 5, 2010, 124 Stat. 1146.) ' 7683. Education 
 debt reduction (a) IN GENERAL.Education debt reduction payments 
under the Education Debt Reduction Program shall consist of payments to 
   individuals selected to participate in the program of amounts to 
    reimburse such individuals for payments by such individuals of 
principal and interest on loans described in section 7682(a)(2) of this 
    title. (b) FREQUENCY OF PAYMENT.(1) The Secretary may make 
   education debt reduction payments to any given participant in the 
   Education Debt Reduction Program on a monthly or annual basis, as 
determined by the Secretary. (2) The Secretary shall make such payments 
 at the end of the period determined by the Secretary under paragraph 
(1). (c) PERFORMANCE REQUIREMENT.The Secretary may make education 
    debt reduction payments to a participant in the Education Debt 
 Reduction Program for a period only if the Secretary determines that 
  the individual maintained an acceptable level of performance in the 
position or positions served by the participant during the period. (d) 
MAXIMUM ANNUAL AMOUNT.(1) Subject to paragraph (2), the amount of 
   education debt reduction payments made to a participant under the 
Education Debt Reduction Program may not exceed $60,000 over a total of 
  five years of participation in the Program, of which not more than 
 $12,000 of such payments may be made in each of the fourth and fifth 
years of participation in the Program. (2) The total amount payable to 
a participant in such Program for any year may not exceed the amount of 
the principal and interest on loans referred to in subsection (a) that 
 is paid by the individual during such year. (3)(A) The Secretary may 
  waive the limitations under paragraphs (1) and (2) in the case of a 
   participant described in subparagraph (B). In the case of such a 
 waiver, the total amount of education debt repayments payable to that 
 participant is the total amount of the principal and the interest on 
 the participants loans referred to in subsection (a). (B) A 
  participant described in this subparagraph is a participant in the 
  Program who the Secretary determines serves in a position for which 
  there is a shortage of qualified employees by reason of either the 
     location or the requirements of the position. (Added Pub. L. 
  105368, title VIII, Sec. 803(a), Nov. 11, 1998, 112 Stat. 
 3357; amended Pub. L. 107135, title I, Sec. 102(c), Jan. 23, 
2002, 115 Stat. 2448; Pub. L. 111163, title III, Sec. 301(c), 
     (d), May 5, 2010, 124 Stat. 1146.) x' 7684. Repealed. Pub. L. 
  107135, title I, Sec. 102(a)(1), Jan. 23, 2002, 115 Stat. 
 2448 CHAPTER 77 OF TITLE 38, UNITED STATES CODE [As Amended 
    Through P.L. 1127, Enacted March 31, 2011] 1023 xTITLE 
    38VETERANS BENEFITS xPART VBOARDS, 
ADMINISTRATIONS, AND SERVICES CHAPTER 77VETERANS BENEFITS 
   ADMINISTRATION SUBCHAPTER IORGANIZATION; GENERAL Sec. 7701. 
      Organization of the Administration. 7703. Functions of the 
       Administration. SUBCHAPTER IIQUALITY ASSURANCE 7731. 
 Establishment. 7732. Functions. 7732A. Employee certification. 7733. 
        Personnel. 7734. Annual report to Congress. SUBCHAPTER 
IORGANIZATION; GENERAL ' 7701. Organization of the Administration 
(a) There is in the Department of Veterans Affairs a Veterans Benefits 
     Administration. The primary function of the Veterans Benefits 
Administration is the administration of nonmedical benefits programs of 
     the Department which provide assistance to veterans and their 
 dependents and survivors. (b) The Veterans Benefits Administration is 
under the Under Secretary for Benefits, who is directly responsible to 
   the Secretary for the operations of the Administration. The Under 
    Secretary for Benefits may be referred to as the Chief Benefits 
 Director. (Added Pub. L. 10283, Sec. 2(b), Aug. 6, 1991, 105 
Stat. 399; amended Pub. L. 102 405, title III, Sec. 302(c)(1), 
     (3), Oct. 9, 1992, 106 Stat. 1984.) ' 7703. Functions of the 
Administration The Veterans Benefits Administration is responsible for 
  the administration of the following programs of the Department: (1) 
 Compensation and pension programs. (2) Vocational rehabilitation and 
  educational assistance programs. (3) Veterans housing loan 
   programs. (4) Veterans and servicemembers life 
 insurance programs. (5) Outreach programs and other veterans 
 services programs. (Added Pub. L. 10283, Sec. 2(b), Aug. 6, 
1991, 105 Stat. 399.) 1025 SUBCHAPTER IIQUALITY ASSURANCE ' 7731. 
  Establishment (a) The Secretary shall carry out a quality assurance 
  program in the Veterans Benefits Administration. The program may be 
    carried out through a single quality assurance division in the 
Administration or through separate quality assurance entities for each 
          of the principal organizational elements (known as 
services) of the Administration. (b) The 
 Secretary shall ensure that any quality assurance entity established 
and operated under subsection (a) is established and operated so as to 
 meet generally applicable governmental standards for independence and 
internal controls for the performance of quality reviews of Government 
   performance and results. (c)(1) The Secretary shall enter into a 
contract with an independent third-party entity to conduct, during the 
    three-year period beginning on the date of the enactment of the 
 Veterans Benefits Improvement Act of 2008, an assessment of 
the quality assurance program carried out under subsection (a). (2) The 
assessment conducted under paragraph (1) shall evaluate the following: 
 (A) The quality and accuracy of the work of employees of the Veterans 
  Benefits Administration, using a statistically valid sample of such 
   employees and a statistically valid sample of such work. (B) The 
     performance of each regional office of the Veterans Benefits 
  Administration. (C) The accuracy of the disability ratings assigned 
 under the schedule for rating disabilities under section 1155 of this 
title. (D) The consistency of disability ratings among regional offices 
of the Veterans Benefits Administration, based on a sample of specific 
  disabilities. (E) The performance of employees and managers of the 
  Veterans Benefits Administration. (3) The Secretary shall develop a 
mechanism for the automated gathering and producing of data that can be 
 used to monitor and assess trends relating to the items described in 
 paragraph (2). (4)(A) Beginning on the date that is six months after 
the date of the enactment of the Veterans Benefits Improvement 
Act of 2008, the Secretary shall (i) for each claim for disability 
compensation under laws administered by the Secretary submitted to the 
   Secretary on or after such date, retain, monitor, and store in an 
  accessible format the data described in subparagraph (B); and (ii) 
 develop a demographic baseline for the data retained, monitored, and 
     stored under subparagraph (A). (B) The data described in this 
subparagraph includes the following: (i) For each claim for disability 
 compensation under laws administered by the Secretary submitted by a 
  claimant (I) the State in which the claimant resided when the 
claim was submitted; (II) the decision of the Secretary with respect to 
  the claim and each issue claimed; and (III) the regional office and 
individual employee of the Department responsible for rating the claim. 
  (ii) The State in which the claimant currently resides. (iii) Such 
 other data as the Secretary determines is appropriate for monitoring 
the accuracy and consistency of decisions with respect to such claims. 
   (5) Nothing in this subsection shall be construed to require the 
Secretary to replace the quality assurance program under subsection (a) 
that was in effect on the day before the date of the enactment of this 
 subsection. (Added Pub. L. 106117, Sec. 801(a)(1), Nov. 30, 
 1999, 113 Stat. 1585; amended Pub. L. 110389, title II, Sec. 
  224(a), Oct. 10, 2008, 122 Stat. 4157.) ' 7732. Functions The Under 
 Secretary for Benefits, acting through the quality assurance entities 
 established under section 7731(a), shall on an ongoing basis perform 
 and oversee quality reviews of the functions of each of the principal 
organizational elements of the Veterans Benefits Administration. (Added 
   Pub. L. 106117, Sec. 801(a)(1), Nov. 30, 1999, 113 Stat. 
1585.) ' 7732A. Employee certification (a) DEVELOPMENT OF CERTIFICATION 
EXAMINATION.(1) The Secretary shall provide for an examination of 
      appropriate employees and managers of the Veterans Benefits 
     Administration who are responsible for processing claims for 
 compensation and pension benefits under the laws administered by the 
Secretary. (2) In developing the examination required by paragraph (1), 
 the Secretary shall (A) consult with appropriate individuals or 
    entities, including examination development experts, interested 
 stakeholders, and employee representatives; and (B) consider the data 
   gathered and produced under section 7731(c)(3) of this title. (b) 
   EMPLOYEE AND MANAGER REQUIREMENT.The Secretary shall require 
      appropriate employees and managers of the Veterans Benefits 
     Administration who are responsible for processing claims for 
 compensation and pension benefits under the laws administered by the 
Secretary to take the examination provided under subsection (a). (Added 
 Pub. L. 110389, title II, Sec. 225(a)(1), Oct. 10, 2008, 122 
  Stat. 4158.) ' 7733. Personnel The Secretary shall ensure that the 
 number of full-time employees of the Veterans Benefits Administration 
   assigned to quality assurance functions under this subchapter is 
adequate to perform the quality assurance functions for which they have 
 responsibility. (Added Pub. L. 106117, Sec. 801(a)(1), Nov. 
   30, 1999, 113 Stat. 1585.) ' 7734. Annual report to Congress The 
 Secretary shall include in the annual report to the Congress required 
    by section 529 of this title a report on the quality assurance 
 activities carried out under this subchapter. Each such report shall 
 include (1) an appraisal of the quality of services provided by 
the Veterans Benefits Administration, including (A) the number of 
  decisions reviewed; (B) a summary of the findings on the decisions 
reviewed; (C) the number of full-time equivalent employees assigned to 
      quality assurance in each division or entity; (D) specific 
  documentation of compliance with the standards for independence and 
  internal control required by section 7731(b) of this title; and (E) 
   actions taken to improve the quality of services provided and the 
   results obtained; (2) information with respect to the accuracy of 
  decisions, including trends in that information; and (3) such other 
  information as the Secretary considers appropriate. (Added Pub. L. 
   106117, Sec. 801(a)(1), Nov. 30, 1999, 113 Stat. 1585.) 
  CHAPTER 78 OF TITLE 38, UNITED STATES CODE [As Amended Through P.L. 
          1127, Enacted March 31, 2011] 1029 xTITLE 
    38VETERANS BENEFITS xPART VBOARDS, 
ADMINISTRATIONS, AND SERVICES CHAPTER 78VETERANS 
    CANTEEN SERVICE Sec. 7801. Purpose of Veterans Canteen 
   Service. 7802. Duties of Secretary with respect to Service. 7803. 
Operation of Service. 7804. Financing of Service. 7805. Revolving fund. 
 7806. Budget of Service. 7807. Audit of accounts. 7808. Service to be 
   independent unit. 7809. Child-care centers. 7810. Exemption from 
   personnel ceilings. ' 7801. Purpose of Veterans Canteen 
  Service The Veterans Canteen Service (hereinafter in this 
 chapter referred to as the Service) in 
the Department is an instrumentality of the United States, created for 
the primary purpose of making available to veterans of the Armed Forces 
    who are hospitalized or domiciled in hospitals and homes of the 
Department, at reasonable prices, articles of merchandise and services 
  essential to their comfort and well-being. (Pub. L. 85857, 
   Sept. 2, 1958, 72 Stat. 1248, Sec. 4201; renumbered Sec. 7801 and 
 amended Pub. L. 10240, title IV, Sec. 402(a), (b)(1), May 7, 
1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), Aug. 6, 
  1991, 105 Stat. 404; Pub. L. 10714, Sec. 8(a)(16), June 5, 
   2001, 115 Stat. 35.) ' 7802. Duties of Secretary with respect to 
Service (a) LOCATIONS FOR CANTEENS.The Secretary shall establish, 
 maintain, and operate canteens where deemed necessary and practicable 
   at hospitals and homes of the Department and at other Department 
 establishments where similar essential facilities are not reasonably 
 available from outside commercial sources. (b) WAREHOUSES AND STORAGE 
 DEPOTS.The Secretary shall establish, maintain, and operate such 
  warehouses and storage depots as may be necessary in operating the 
canteens. (c) SPACE, BUILDINGS, AND STRUCTURES.The Secretary shall 
 furnish the Service for its use in connection with the establishment, 
    maintenance, and operation thereof, such space, buildings, and 
    structures under control of the Department as the Secretary may 
  consider necessary, including normal maintenance and repair service 
 thereon. Reasonable charges, to be determined by the Secretary, shall 
     be paid annually by the Service for the space, buildings, and 
structures so furnished, except that the Secretary may reduce or waive 
such charges whenever payment of such charges would impair the working 
  capital required by the Service. 1031 (d) EQUIPMENT, SERVICES, AND 
  UTILITIES.The Secretary shall transfer to the Service without 
charge, rental, or reimbursement such necessary equipment as may not be 
 needed for other purposes, and furnish the Service such services and 
 utilities, including light, water, and heat, as may be available and 
  necessary for its use. Reasonable charges, to be determined by the 
 Secretary, shall be paid annually by the Service for the utilities so 
 furnished. (e) PERSONNEL.The Secretary shall employ such persons 
 as are necessary for the establishment, maintenance, and operation of 
  the Service, and pay the salaries, wages, and expenses of all such 
 employees from the funds of the Service. Personnel necessary for the 
transaction of the business of the Service at canteens, warehouses, and 
   storage depots shall be appointed, compensated from funds of the 
Service, and removed by the Secretary without regard to the provisions 
   of title 5 governing appointments in the competitive service and 
chapter 51 and subchapter III of chapter 53 of title 5. Those employees 
   are subject to the provisions of title 5 relating to a preference 
  eligible described in section 2108(3) of title 5, sub-chapter I of 
chapter 81 of title 5, and subchapter III of chapter 83 of title 5. An 
employee appointed under this section may be considered for appointment 
to a Department position in the competitive service in the same manner 
that a Department employee in the competitive service is considered for 
transfer to such position. An employee of the Service who is appointed 
to a Department position in the competitive service under the authority 
    of the preceding sentence may count toward the time-in-service 
  requirement for a career appointment in such position any previous 
        period of employment in the Service. (f) CONTRACTS AND 
  AGREEMENTS.The Secretary shall make all necessary contracts or 
   agreements to purchase or sell merchandise, fixtures, equipment, 
  supplies, and services, without regard to section 6101(b) to (d) of 
title 41 and to do all things necessary to carry out such contracts or 
     agreements, including the making of necessary adjustments and 
  compromising of claims in connection therewith. (g) PRICES.The 
Secretary shall fix the prices of merchandise and services in canteens 
    so as to carry out the purposes of this chapter. (h) GIFTS AND 
    DONATIONS.The Secretary may accept gifts and donations of 
merchandise, fixtures, equipment, and supplies for the use and benefit 
of the Service. (i) RULES AND REGULATIONS.The Secretary shall make 
  such rules and regulations, not inconsistent with the provisions of 
 this chapter, as the Secretary considers necessary or appropriate to 
effectuate its purposes. (j) DELEGATION.The Secretary may delegate 
    such duties and powers to employees as the Secretary considers 
  necessary or appropriate, whose official acts performed within the 
 scope of the delegated authority shall have the same force and effect 
  as though performed by the Secretary. (k) AUTHORITY TO CASH CHECKS, 
 ETC.The Secretary may authorize the use of funds of the Service 
 when available, subject to such regulations as the Secretary may deem 
   appropriate, for the purpose of cashing checks, money orders, and 
    similar instruments in nominal amounts for the payment of money 
presented by veterans hospitalized or domiciled at hospitals and homes 
 of the Department, and by other persons authorized by section 7803 of 
 this title to make purchases at canteens. Such checks, money orders, 
    and other similar instruments may be cashed outright or may be 
  accepted, subject to strict administrative controls, in payment for 
 merchandise or services, and the difference between the amount of the 
 purchase and the amount of the tendered instrument refunded in cash. 
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1248, Sec. 4202; Pub. 
    L. 86109, Sec. 1, July 28, 1959, 73 Stat. 258; Pub. L. 
  94581, title II, Sec. 210(d), Oct. 21, 1976, 90 Stat.2864; 
Pub. L. 97295, Sec. 4(88), Oct. 12, 1982, 96 Stat. 1312; Pub. 
 L. 99576, title VII, Sec. 702(13), Oct. 28, 1986, 100 Stat. 
 3302; renumbered Sec. 7802 and amended Pub. L. 10240, title 
IV, Sec. 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. 
L. 10254, Sec. 14(e)(7), June 13, 1991, 105 Stat. 287; Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
 Stat. 404, 405; Pub. L. 108170, title III, Sec. 304, Dec. 6, 
 2003, 117 Stat. 2058; Pub. L. 111350, Sec. 5(j)(5), Jan. 4, 
    2011,124 Stat. 3850.) ' 7803. Operation of Service (a) PRIMARY 
BENEFICIARIES.Canteens operated by the Service shall be primarily 
for the use and benefit of (1) veterans hospitalized or domiciled 
at the facilities at which canteen services are provided; and (2) other 
 veterans who are enrolled under section 1705 of this title. (b) OTHER 
 AUTHORIZED USERS.Service at such canteens may also be furnished 
        to (1) personnel of the Department and recognized 
veterans organizations who are employed at a facility at which 
canteen services are provided and to other persons so employed; (2) the 
  families of persons referred to in paragraph (1) who reside at the 
 facility; and (3) relatives and other persons while visiting a person 
 specified in this section. (Pub. L. 85857, Sept. 2, 1958, 72 
    Stat. 1249, Sec. 4203; renumbered Sec. 7803 and amended Pub. L. 
 10240, title IV, Sec. 402(a), (b)(1), May 7, 1991, 105 Stat. 
238; Pub. L. 10283, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 
 404; Pub. L. 106117, title III, Sec. 302, Nov. 30, 1999, 113 
Stat. 1572; Pub. L. 108422, title VI, Sec. 603, Nov. 30, 2004, 
     118 Stat. 2397.) ' 7804. Financing of Service To finance the 
   establishment, maintenance, and operation of the Service there is 
 hereby authorized to be appropriated, from time to time, such amounts 
   as are necessary to provide for (1) the acquisition of necessary 
furniture, furnishings, fixtures, and equipment for the establishment, 
maintenance, and operation of canteens, warehouses, and storage depots; 
(2) stocks of merchandise and supplies for canteens and reserve stocks 
  of same in warehouses and storage depots; (3) salaries, wages, and 
 expenses of all employees; (4) administrative and operation expenses; 
 and (5) adequate working capital for each canteen and for the Service 
as a whole. Amounts appropriated under the authority contained in this 
   chapter and all income from canteen operations become and will be 
 administered as a revolving fund to effectuate the provisions of this 
 chapter. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1250, Sec. 
  4204; Pub. L. 92310, title II, Sec. 209, June 6, 1972, 86 
 Stat. 204; Pub. L. 99576, title VII, Sec. 702(14), Oct. 28, 
    1986, 100 Stat. 3302; renumbered Sec. 7804 and amended Pub. L. 
 10240, title IV, Sec. 402(a), (b)(1), May 7, 1991, 105 Stat. 
238.) ' 7805. Revolving fund The revolving fund shall be deposited in a 
 checking account with the Treasury of the United States. Such amounts 
thereof as the Secretary may determine to be necessary to establish and 
 maintain operating accounts for the various canteens may be deposited 
   in checking accounts or other interest-bearing accounts in other 
depositaries selected by the Secretary. (Pub. L. 85857, Sept. 
 2, 1958, 72 Stat. 1250, Sec. 4205; Pub. L. 100322, title IV, 
 Sec. 414(a)(1), May 20, 1988, 102 Stat. 549; renumbered Sec. 7805 and 
 amended Pub. L. 10240, title IV, Sec. 402(a), (b)(1), May 7, 
  1991, 105 Stat. 238; Pub. L. 102 83, Sec. 4(b)(1), (2)(E), 
   Aug. 6, 1991, 105 Stat. 404, 405.) ' 7806. Budget of Service The 
Service shall prepare annually and submit a budget program as provided 
  for wholly owned Government corporations by chapter 91 of title 31, 
  which shall contain an estimate of the needs of the Service for the 
  ensuing fiscal year including an estimate of the amount required to 
restore any impairment of the revolving fund resulting from operations 
of the current fiscal year. (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1250, Sec. 4206; Pub. L. 97258, Sec. 3(k)(8), Sept. 13, 
1982, 96 Stat. 1065; Pub. L. 100322, title IV, Sec. 414(a)(2), 
 May 20, 1988, 102 Stat. 549; renumbered Sec. 7806 and amended Pub. L. 
 10240, title IV, Sec. 402(a), (b)(1), May 7, 1991, 105 Stat. 
  238.) ' 7807. Audit of accounts The Service shall maintain a set of 
     accounts which shall be audited by the Comptroller General in 
  accordance with the provisions of chapter 35 of title 31. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1250, Sec. 4207; Pub. L. 
93604, title VII, Sec. 704, Jan. 2, 1975, 88 Stat. 1964; Pub. 
 L. 97295, Sec. 4(89), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 
97452, Sec. 2(e)(3), Jan. 12, 1983, 96 Stat. 2479; renumbered 
 Sec. 7807 and amended Pub. L. 10240, title IV, Sec. 402(a), 
(b)(1), May 7, 1991, 105 Stat. 238.) ' 7808. Service to be independent 
    unit It is the purpose of this chapter that, under control and 
    supervision of the Secretary, the Service shall function as an 
  independent unit in the Department and shall have exclusive control 
   over all its activities including sales, procurement and supply, 
 finance, including disbursements, and personnel management, except as 
 otherwise provided in this chapter. (Pub. L. 85857, Sept. 2, 
  1958, 72 Stat. 1250, Sec. 4208; Pub. L. 97295, Sec. 4(90), 
Oct. 12, 1982, 96 Stat. 1312; renumbered Sec. 7808 and amended Pub. L. 
 10240, title IV, Sec. 402(a), (b)(1), May 7, 1991, 105 Stat. 
238; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 
   1991, 105 Stat. 404, 405.) ' 7809. Child-care centers (a)(1) The 
  Secretary, through the Service, shall provide for the operation of 
  child-care centers at Department facilities in accordance with this 
  section. The operation of such centers shall be carried out to the 
extent that the Secretary determines, based on the demand for the care 
involved, that such operation is in the best interest of the Department 
 and that is practicable to do so. The centers shall be available for 
   the children of Department employees and, to the extent space is 
 available, the children of other employees of the Federal Government 
 and the children of employees of affiliated schools and corporations 
  created under section 7361 of this title. (2) There shall be in the 
Service an official who is responsible for all matters relating to the 
 provision of child-care services under the authority of this section. 
   (b) The Service shall establish reasonable charges for child-care 
    services provided at each child-care center operated under this 
section. The charges shall be subject to the approval of the Secretary. 
 In the case of a center operated directly by the Service, the charges 
   with respect to the center shall be sufficient to provide for the 
 operating expenses of the center, including the expenses of personnel 
     assigned to the center. In the case of a center operated by a 
     contractor which is a for-profit entity, the charges shall be 
  established by taking into consideration the value of the space and 
 services furnished with respect to the center under subsection (c)(1) 
of this section. (c) In connection with the establishment and operation 
  of any child-care center under this section, the Secretary (1) 
 shall furnish, at no cost to the center, space in existing Department 
 facilities and utilities, custodial services, and other services and 
amenities necessary (as determined by the Secretary) for the health and 
   safety of the children provided care at the center; (2) may, on a 
 reimbursable basis, convert space furnished under clause (1) of this 
  subsection for use as the child-care center and provide other items 
necessary for the operation of the center, including furniture, office 
    machines and equipment, and telephone service, except that the 
Secretary may furnish basic telephone service and surplus furniture and 
      equipment without reimbursement; (3) shall provide for the 
  participation (directly or through a parent advisory committee) of 
 parents of children receiving care in the center in the establishment 
of policies to govern the operation of the center and in the oversight 
     of the implementation of such policies; (4) shall require the 
   development and use of a process for determining the fitness and 
 suitability of prospective employees of or volunteers at the center; 
 and (5) shall require in connection with the operation of the center 
 compliance with all State and local laws, ordinances, and regulations 
relating to health and safety and the operation of child-care centers. 
    (d) The Secretary shall prescribe regulations to carry out this 
        section. (e) For the purpose of this section, the term 
    parent advisory committee means a 
   committee comprised of, and selected by, the parents of children 
  receiving care in a child-care center operated under this section. 
 (Added Pub. L. 100322, title IV, Sec. 412(a), May 20, 1988, 
  102 Stat. 547, Sec. 4209; renumbered Sec. 7809 and amended Pub. L. 
10240, title IV, Sec. 402(a), (b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10254, Sec. 14(e)(8), June 13, 1991, 
   105 Stat. 287; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
   (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 7810. Exemption from 
    personnel ceilings Persons who are employed by the Service and 
compensated from the revolving fund established by section 7804 of this 
 title may not be considered to be employees of the Department for the 
  purposes of any personnel ceiling which may otherwise be applied to 
  employees of the Department by the President or an official of the 
   executive branch. (Added Pub. L. 100322, title IV, Sec. 
414(b)(1), May 20, 1988, 102 Stat. 549, Sec. 4210; renumbered Sec. 7810 
  and amended Pub. L. 10240, title IV, Sec. 402(a), (b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
  4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.) CHAPTER 79 OF TITLE 38, 
  UNITED STATES CODE [As Amended Through P.L. 1127, Enacted 
March 31, 2011] 1037 xTITLE 38VETERANS BENEFITS 
  xPART VBOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 
  79INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM Sec. 7901. 
  7902. 7903. 7904. 7905. 7906. 7907. Programs; purpose. Scholarship 
  program. Education debt reduction program. Preferences in awarding 
 financial assistance.Requirement of honorable discharge for veterans 
   receiving assistance. Regulations. Termination. ' 7901. Programs; 
purpose (a) IN GENERAL.To encourage the recruitment and retention 
   of Department personnel who have the information security skills 
necessary to meet Department requirements, the Secretary may carry out 
 programs in accordance with this chapter to provide financial support 
     for education in computer science and electrical and computer 
 engineering at accredited institutions of higher education. (b) TYPES 
  OF PROGRAMS.The programs authorized under this chapter are as 
 follows: (1) Scholarships for pursuit of doctoral degrees in computer 
     science and electrical and computer engineering at accredited 
  institutions of higher education. (2) Education debt reduction for 
Department personnel who hold doctoral degrees in computer science and 
   electrical and computer engineering at accredited institutions of 
   higher education. (Added Pub. L. 109461, title IX, Sec. 
903(a)(1), Dec. 22, 2006, 120 Stat. 3460.) ' 7902. Scholarship program 
 (a) AUTHORITY.(1) Subject to the availability of appropriations, 
   the Secretary may establish a scholarship program under which the 
     Secretary shall, subject to subsection (d), provide financial 
 assistance in accordance with this section to a qualified person 
(A) who is pursuing a doctoral degree in computer science or electrical 
    or computer engineering at an accredited institution of higher 
 education; and (B) who enters into an agreement with the Secretary as 
described in subsection (b). (2)(A) Except as provided in subparagraph 
(B), the Secretary may provide financial assistance under this section 
to an individual for up to five years. 1039 (B) The Secretary may waive 
the limitation under subparagraph (A) if the Secretary determines that 
  such a waiver is appropriate. (b) SERVICE AGREEMENT FOR SCHOLARSHIP 
RECIPIENTS.(1) To receive financial assistance under this section 
  an individual shall enter into an agreement to accept and continue 
   employment in the Department for the period of obligated service 
     determined under paragraph (2). (2) For the purposes of this 
    subsection, the period of obligated service for a recipient of 
financial assistance under this section shall be the period determined 
  by the Secretary as being appropriate to obtain adequate service in 
  exchange for the financial assistance and otherwise to achieve the 
 goals set forth in section 7901(a) of this title. In no event may the 
period of service required of a recipient be less than the period equal 
  to the total period of pursuit of a degree for which the Secretary 
 agrees to provide the recipient with financial assistance under this 
 section. The period of obligated service is in addition to any other 
period for which the recipient is obligated to serve on active duty or 
in the civil service, as the case may be. (3) An agreement entered into 
under this section by a person pursuing a doctoral degree shall include 
  terms that provide the following: (A) That the period of obligated 
    service begins on a date after the award of the degree that is 
determined under the regulations prescribed under section 7906 of this 
  title. (B) That the individual will maintain satisfactory academic 
progress, as determined in accordance with those regulations, and that 
 failure to maintain such progress constitutes grounds for termination 
of the financial assistance for the individual under this section. (C) 
     Any other terms and conditions that the Secretary determines 
       appropriate for carrying out this section. (c) AMOUNT OF 
ASSISTANCE.(1) The amount of the financial assistance provided for 
an individual under this section shall be the amount determined by the 
 Secretary as being necessary to pay (A) the tuition and fees of 
the individual; and (B) $1,500 to the individual each month (including 
 a month between academic semesters or terms leading to the degree for 
which such assistance is provided or during which the individual is not 
enrolled in a course of education but is pursuing independent research 
leading to such degree) for books, laboratory expenses, and expenses of 
 room and board. (2) In no case may the amount of assistance provided 
   for an individual under this section for an academic year exceed 
$50,000. (3) In no case may the total amount of assistance provided for 
 an individual under this section exceed $200,000. (4) Notwithstanding 
  any other provision of law, financial assistance paid an individual 
 under this section shall not be considered as income or resources in 
   determining eligibility for, or the amount of benefits under, any 
  Federal or federally assisted program. (d) REPAYMENT FOR PERIOD OF 
    UNSERVED OBLIGATED SERVICE.(1) An individual who receives 
financial assistance under this section shall repay to the Secretary an 
amount equal to the unearned portion of the financial assistance if the 
 individual fails to satisfy the requirements of the service agreement 
 entered into under subsection (b), except in circumstances authorized 
  by the Secretary. (2) The Secretary may establish, by regulations, 
 procedures for determining the amount of the repayment required under 
 this subsection and the circumstances under which an exception to the 
   required repayment may be granted. (3) An obligation to repay the 
 Secretary under this subsection is, for all purposes, a debt owed the 
   United States. A discharge in bankruptcy under title 11 does not 
  discharge a person from such debt if the discharge order is entered 
less than five years after the date of the termination of the agreement 
  or contract on which the debt is based. (e) WAIVER OR SUSPENSION OF 
COMPLIANCE.The Secretary shall prescribe regulations providing for 
the waiver or suspension of any obligation of an individual for service 
  or payment under this section (or an agreement under this section) 
whenever noncompliance by the individual is due to circumstances beyond 
the control of the individual or whenever the Secretary determines that 
 the waiver or suspension of compliance is in the best interest of the 
   United States. (f) INTERNSHIPS.(1) The Secretary may offer a 
 compensated internship to an individual for whom financial assistance 
    is provided under this section during a period between academic 
 semesters or terms leading to the degree for which such assistance is 
  provided. Compensation provided for such an internship shall be in 
 addition to the financial assistance provided under this section. (2) 
    An internship under this subsection shall not be counted toward 
   satisfying a period of obligated service under this section. (g) 
  INELIGIBILITY OF INDIVIDUALS RECEIVING MONTGOMERY GI BILL EDUCATION 
   ASSISTANCE PAYMENTS.An individual who receives a payment of 
  educational assistance under chapter 30, 31, 32, 34, or 35 of this 
  title or chapter 1606 or 1607 of title 10 for a month in which the 
 individual is enrolled in a course of education leading to a doctoral 
  degree in information security is not eligible to receive financial 
     assistance under this section for that month. (Added Pub. L. 
  109461, title IX, Sec. 903(a)(1), Dec. 22, 2006, 120 Stat. 
          3460.) ' 7903. Education debt reduction program (a) 
   AUTHORITY.Subject to the availability of appropriations, the 
Secretary may establish an education debt reduction program under which 
 the Secretary shall make education debt reduction payments under this 
section to qualified individuals eligible under subsection (b) for the 
     purpose of reimbursing such individuals for payments by such 
 individuals of principal and interest on loans described in paragraph 
(3) of that subsection. (b) ELIGIBILITY.An individual is eligible 
to participate in the program under this section if the individual 
 (1) has completed a doctoral degree in computer science or electrical 
    or computer engineering at an accredited institution of higher 
 education during the five-year period preceding the date on which the 
individual is hired; (2) is an employee of the Department who serves in 
   a position related to information security (as determined by the 
 Secretary); and (3) owes any amount of principal or interest under a 
     loan, the proceeds of which were used by or on behalf of that 
   individual to pay costs relating to a doctoral degree in computer 
    science or electrical or computer engineering at an accredited 
  institution of higher education. (c) AMOUNT OF ASSISTANCE.(1) 
   Subject to paragraph (2), the amount of education debt reduction 
   payments made to an individual under this section may not exceed 
 $82,500 over a total of five years, of which not more than $16,500 of 
such payments may be made in each year. (2) The total amount payable to 
an individual under this section for any year may not exceed the amount 
of the principal and interest on loans referred to in subsection (b)(3) 
that is paid by the individual during such year. (d) PAYMENTS.(1) 
 The Secretary shall make education debt reduction payments under this 
    section on an annual basis. (2) The Secretary shall make such a 
 payment (A) on the last day of the one-year period beginning on 
     the date on which the individual is accepted into the program 
 established under subsection (a); or (B) in the case of an individual 
  who received a payment under this section for the preceding fiscal 
 year, on the last day of the one-year period beginning on the date on 
which the individual last received such a payment. (3) Notwithstanding 
  any other provision of law, education debt reduction payments under 
    this section shall not be considered as income or resources in 
   determining eligibility for, or the amount of benefits under, any 
        Federal or federally assisted program. (e) PERFORMANCE 
   REQUIREMENT.The Secretary may make education debt reduction 
  payments to an individual under this section for a year only if the 
Secretary determines that the individual maintained an acceptable level 
 of performance in the position or positions served by the individual 
      during the year. (f) NOTIFICATION OF TERMS OF PROVISION OF 
PAYMENTS.The Secretary shall provide to an individual who receives 
    a payment under this section notice in writing of the terms and 
  conditions that apply to such a payment. (g) COVERED COSTS.For 
purposes of subsection (b)(3), costs relating to a course of education 
   or training include (1) tuition expenses; and (2) all other 
reasonable educational expenses, including fees, books, and laboratory 
  expenses. (Added Pub. L. 109461, title IX, Sec. 903(a)(1), 
 Dec. 22, 2006, 120 Stat. 3462; amended Pub. L. 111275, title 
X, Sec. 1001(o), Oct. 13, 2010, 124 Stat. 2897.) ' 7904. Preferences in 
 awarding financial assistance In awarding financial assistance under 
   this chapter, the Secretary shall give a preference to qualified 
    individuals who are otherwise eligible to receive the financial 
   assistance in the following order of priority: (1) Veterans with 
service-connected disabilities. (2) Veterans. (3) Persons described in 
 section 4215(a)(1)(B) of this title. (4) Individuals who received or 
    are pursuing degrees at institutions designated by the National 
   Security Agency as Centers of Academic Excellence in Information 
Assurance Education. (5) Citizens of the United States. (Added Pub. L. 
  109461, title IX, Sec. 903(a)(1), Dec. 22, 2006, 120 Stat. 
    3463.) ' 7905. Requirement of honorable discharge for veterans 
  receiving assistance No veteran shall receive financial assistance 
  under this chapter unless the veteran was discharged from the Armed 
  Forces under honorable conditions. (Added Pub. L. 109461, 
   title IX, Sec. 903(a)(1), Dec. 22, 2006, 120 Stat. 3464.) ' 7906. 
     Regulations The Secretary shall prescribe regulations for the 
 administration of this chapter. (Added Pub. L. 109461, title 
IX, Sec. 903(a)(1), Dec. 22, 2006, 120 Stat. 3464.) ' 7907. Termination 
  The authority of the Secretary to make a payment under this chapter 
shall terminate on July 31, 2017. (Added Pub. L. 109461, title 
IX, Sec. 903(a)(1), Dec. 22, 2006, 120 Stat. 3464.) CHAPTER 81 OF TITLE 
38, UNITED STATES CODE [As Amended Through P.L. 1127, Enacted 
March 31, 2011] 1045 xTITLE 38VETERANS BENEFITS 
 PART VIACQUISITION AND DISPOSITION OF PROPERTY Chapter Sec. 81. 
   Acquisition and Operation of Hospital and Domiciliary Facilities; 
     Procurement and Supply; Enhanced-Use Leases of Real Property 
......................... 8101 82. Assistance in Establishing New State 
 Medical Schools; Grants to Affiliated Medical Schools; Assistance to 
Health Manpower Training Institutions 8201 83. Acceptance of Gifts and 
  Bequests .................................. 8301 85. Disposition of 
    Deceased Veterans Personal Property 8501 1047 CHAPTER 
     81ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
    FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL 
    PROPERTY SUBCHAPTER IACQUISITION AND OPERATION OF MEDICAL 
    FACILITIES Sec. 8101. Definitions. 8102. Acquisition of medical 
  facilities. 8103. Authority to construct and alter, and to acquire 
sites for, medical facilities. 8104. Congressional approval of certain 
  medical facility acquisitions. 8105. Structural requirements. 8106. 
Construction contracts. [8107. Repealed.] 8108. Contributions to local 
   authorities. 8109. Parking facilities. 8110. Operation of medical 
    facilities. 8111. Sharing of Department of Veterans Affairs and 
   Department of Defense health care resources. 8111A. Furnishing of 
  health-care services to members of the Armed Forces during a war or 
    national emergency. 8112. Partial relinquishment of legislative 
   jurisdiction. 8113. Property formerly owned by National Home for 
 Disabled Volunteer Soldiers. 8114. Use of federally owned facilities; 
 use of personnel. 8115. Acceptance of certain property. 8116. Nursing 
home revolving fund. 8117. Emergency preparedness. 8118. Authority for 
transfer of real property; Department of Veterans Affairs Capital Asset 
      Fund. 8119. Annual report on outpatient clinics. SUBCHAPTER 
   IIPROCUREMENT AND SUPPLY 8121. Revolving supply fund. 8122. 
   Authority to procure and dispose of property and to negotiate for 
  common services. 8123. Procurement of prosthetic appliances. 8124. 
  Grant of easements in Government-owned lands. 8125. Procurement of 
  health-care items. 8126. Limitation on prices of drugs procured by 
  Department and certain other Federal agencies. 8127. Small business 
   concerns owned and controlled by veterans: contracting goals and 
  preferences. 8128. Small business concerns owned and controlled by 
     veterans: contracting priority. SUBCHAPTER IIISTATE HOME 
FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE 
8131. Definitions. 8132. Declaration of purpose. 8133. Authorization of 
  appropriations. 8134. General regulations. 8135. Applications with 
respect to projects; payments. 8136. Recapture provisions. 8137. State 
control of operations. 8138. Treatment of certain health facilities as 
  State homes. 1049 SUBCHAPTER IVSHARING OF MEDICAL FACILITIES, 
 EQUIPMENT, AND INFORMATION 8151. Statement of congressional purpose. 
   8152. Definitions. 8153. Sharing of health-care resources. 8154. 
   Exchange of medical information. 8155. Pilot programs; grants to 
 medical schools. 8156. Coordination with health services development 
activities carried out under the National Health Planning and Resources 
Development Act of 1974. 8157. Joint title to medical equipment. 8158. 
  Deposit in escrow. SUBCHAPTER VENHANCEDUSE LEASES OF REAL 
 PROPERTY 8161. Definitions. 8162. Enhanced-use leases. 8163. Hearing 
and notice requirements regarding proposed leases. 8164. Authority for 
     disposition of leased property. 8165. Use of proceeds. 8166. 
  Construction standards. 8167. Exemption from State and local taxes. 
 [8168. Repealed.] 8169. Expiration. SUBCHAPTER IACQUISITION AND 
OPERATION OF MEDICAL FACILITIES ' 8101. Definitions For the purposes of 
this subchapter: (1) The term alter, with 
 respect to a medical facility, means to repair, remodel, improve, or 
              extend such medical facility. (2) The terms 
              construct and 
    alter, with respect to a medical 
 facility, include such engineering, architectural, legal, fiscal, and 
 economic investigations and studies and such surveys, designs, plans, 
 construction documents, specifications, procedures, and other similar 
  actions as are necessary for the construction or alteration, as the 
case may be, of such medical facility and as are carried out after the 
   completion of the advanced planning (including the development of 
project requirements and design development) for such facility. (3) The 
term medical facility means any facility 
  or part thereof which is, or will be, under the jurisdiction of the 
    Secretary for the provision of health-care services (including 
   hospital, nursing home, or domiciliary care or medical services), 
   including any necessary building and auxiliary structure, garage, 
  parking facility, mechanical equipment, trackage facilities leading 
 thereto, abutting sidewalks, accommodations for attending personnel, 
     and recreation facilities associated therewith. (4) The term 
    committee means the Committee on 
   Veterans Affairs of the House of Representatives or the 
  Committee on Veterans Affairs of the Senate, and the term 
 committees means both such committees. 
(Added Pub. L. 9622, title III, Sec. 301(a), June 13, 1979, 93 
  Stat. 55, Sec. 5001; renumbered Sec. 8101, Pub. L. 10240, 
 title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 
10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; 
Pub. L. 104262, title II, Sec. 207(a), Oct. 9, 1996, 110 Stat. 
  3190.) ' 8102. Acquisition of medical facilities (a) The Secretary 
  shall provide medical facilities for veterans entitled to hospital, 
nursing home, or domiciliary care or medical services under this title. 
  (b) No medical facility may be constructed or otherwise acquired or 
 altered except in accordance with the provisions of this subchapter. 
   (c) In carrying out this subchapter, the Secretary (1) shall 
provide for the construction and acquisition of medical facilities in a 
 manner that results in the equitable distribution of such facilities 
throughout the United States, taking into consideration the comparative 
urgency of the need for the services to be provided in the case of each 
particular facility; and (2) shall give due consideration to excellence 
of architecture and design. (d) In considering the need for any project 
    for the construction, alteration, or acquisition (other than by 
 exchange) of a medical facility which is expected to involve a total 
     expenditure of more than $2,000,000, the Secretary shall give 
    consideration to the sharing of health-care resources with the 
     Department of Defense under section 8111 of this title as an 
      alternative to all or part of such project. (Added Pub. L. 
9622, title III, Sec. 301(a), June 13, 1979, 93 Stat. 55, Sec. 
 5002; amended Pub. L. 99576, title II, Sec. 221(a), Oct. 28, 
    1986, 100 Stat. 3259; renumbered Sec. 8102 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10254, Sec. 14(f)(2), June 13, 1991, 
 105 Stat. 287; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 
 1991, 105 Stat. 404, 405.) ' 8103. Authority to construct and alter, 
  and to acquire sites for, medical facilities (a) Subject to section 
 8104 of this title, the Secretary (1) may construct or alter any 
  medical facility and may acquire, by purchase, lease, condemnation, 
donation, exchange, or otherwise, such land or interests in land as the 
Secretary considers necessary for use as the site for such construction 
   or alteration; (2) may acquire, by purchase, lease, condemnation, 
 donation, exchange, or otherwise, any facility (including the site of 
  such facility) that the Secretary considers necessary for use as a 
 medical facility; and (3) in order to assure compliance with section 
    8110(a)(2) of this title, in the case of any outpatient medical 
   facility for which it is proposed to lease space and for which a 
qualified lessor and an appropriate leasing arrangement are available, 
 shall execute a lease for such facility within 12 months after funds 
    are made available for such purpose. (b) Whenever the Secretary 
considers it to be in the interest of the United States to construct a 
   new medical facility to replace an existing medical facility, the 
 Secretary (1) may demolish the existing facility and use the site on 
which it is located for the site of the new medical facility, or (2) if 
 in the judgment of the Secretary it is more advantageous to construct 
  such medical facility on a different site in the same locality, may 
exchange such existing facility and the site of such existing facility 
for the different site. (c) Whenever the Secretary determines that any 
    site acquired for the construction of a medical facility is not 
  suitable for that purpose, the Secretary may exchange such site for 
another site to be used for that purpose or may sell such site. (d)(1) 
 The Secretary may provide for the acquisition of not more than three 
  facilities for the provision of outpatient services or nursing home 
  care through lease-purchase arrangements on real property under the 
jurisdiction of the Department of Veterans Affairs. (2)(A) In carrying 
out this subsection and notwithstanding any other provision of law, the 
 Secretary may lease, with or without compensation and for a period of 
   not to exceed 35 years, to another party any of the real property 
 described in paragraph (1) of this subsection. (B) Such real property 
shall be used as the site of a facility referred to in paragraph (1) of 
 this subsection (i) constructed and owned by the lessee of such 
     real property; and (ii) leased under paragraph (3)(A) of this 
subsection to the Department for such use and for such other activities 
 as the Secretary determines are appropriate. (3)(A) The Secretary may 
 enter into a lease for the use of any facility described in paragraph 
 (2)(B) of this subsection for not more than 35 years under such terms 
 and conditions as may be in the best interests of the Department. (B) 
   Each agreement to lease a facility under subparagraph (A) of this 
paragraph shall include a provision that (i) the obligation of the 
 United States to make payments under the agreement is subject to the 
availability of appropriations for that purpose; and (ii) the ownership 
  of such facility shall vest in the United States at the end of such 
 lease. (4)(A) The Secretary may sublease any space in such a facility 
to another party at a rate not less than (i) the rental rate paid 
by the Secretary for such space under paragraph (3) of this subsection; 
plus (ii) the amount the Secretary pays for the costs of administering 
     such facility (including operation, maintenance, utility, and 
rehabilitation costs) which are attributable to such space. (B) In any 
   such sublease, the Secretary shall include such terms relating to 
 default and nonperformance as the Secretary considers appropriate to 
protect the interests of the United States. (5) The Secretary shall use 
   the receipts of any payment for the lease of real property under 
    paragraph (2) for the payment of the lease of a facility under 
paragraph (3). (6) The authority to enter into an agreement under this 
   subsection (A) shall not take effect until the Secretary has 
entered into agreements under section 316 of this title to carry out at 
  least three collocations; and (B) shall expire on October 1, 1993. 
(Added Pub. L. 9622, title III, Sec. 301(a), June 13, 1979, 93 
 Stat. 56, Sec. 5003; amended Pub. L. 101237, title VI, Sec. 
603(b), Dec. 18, 1989, 103 Stat. 2097; renumbered Sec. 8103 and amended 
Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 
105 Stat. 238, 239; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 
 6, 1991, 105 Stat. 404, 405; Pub. L. 103446, title XII, Sec. 
   1201(d)(16), Nov. 2, 1994, 108 Stat. 4684.) ' 8104. Congressional 
approval of certain medical facility acquisitions (a)(1) The purpose of 
     this subsection is to enable Congress to ensure the equitable 
distribution of medical facilities throughout the United States, taking 
into consideration the comparative urgency of the need for the services 
 to be provided in the case of each particular facility. (2) No funds 
  may be appropriated for any fiscal year, and the Secretary may not 
obligate or expend funds (other than for advance planning and design), 
 for any major medical facility project or any major medical facility 
  lease unless funds for that project or lease have been specifically 
authorized by law. (3) For the purpose of this subsection: (A) The term 
 major medical facility project means a 
 project for the construction, alteration, or acquisition of a medical 
 facility involving a total expenditure of more than $10,000,000, but 
  such term does not include an acquisition by exchange. (B) The term 
  major medical facility lease means a 
lease for space for use as a new medical facility at an average annual 
   rental of more than $1,000,000. (b) Whenever the President or the 
 Secretary submit to the Congress a request for the funding of a major 
  medical facility project (as defined in subsection (a)(3)(A)) or a 
major medical facility lease (as defined in subsection (a)(3)(B)), the 
Secretary shall submit to each committee, on the same day, a prospectus 
of the proposed medical facility. Any such prospectus shall include the 
  following: (1) A detailed description of the medical facility to be 
  constructed, altered, leased, or otherwise acquired under this sub-
chapter, including a description of the location of such facility and, 
  in the case of a prospectus proposing the construction of a new or 
 replacement medical facility, a description of the consideration that 
was given to acquiring an existing facility by lease or purchase and to 
  the sharing of health-care resources with the Department of Defense 
 under section 8111 of this title. (2) An estimate of the cost to the 
    United States of the construction, alteration, lease, or other 
acquisition of such facility (including site costs, if applicable). (3) 
An estimate of the cost to the United States of the equipment required 
for the operation of such facility. (4) Demographic data applicable to 
   such facility, including information on projected changes in the 
 population of veterans to be served by the facility over a five-year 
 period and a ten-year period. (5) Current and projected workload and 
  utilization data regarding the facility. (6) Current and projected 
   operating costs of the facility, including both recurring and non-
  recurring costs. (7) The priority score assigned to the project or 
lease under the Departments prioritization methodology and, if 
the project or lease is being proposed for funding before a project or 
lease with a higher score, a specific explanation of the factors other 
than the priority score that were considered and the basis on which the 
 project or lease is proposed for funding ahead of projects or leases 
with higher priority scores. (8) In the case of a prospectus proposing 
     the construction of a new or replacement medical facility, a 
 description of each alternative to construction of the facility that 
was considered. (c) Not less than 30 days before obligating funds for a 
     major medical facility project approved by a law described in 
  subsection (a)(2) of this section in an amount that would cause the 
total amount obligated for that project to exceed the amount specified 
    in the law for that project (or would add to total obligations 
exceeding such specified amount) by more than 10 percent, the Secretary 
  shall provide the committees with notice of the Secretarys 
   intention to do so and the reasons for the specified amount being 
 exceeded. (d)(1) Except as provided in paragraph (2), in any case in 
  which the Secretary proposes that funds be used for a purpose other 
than the purpose for which such funds were appropriated, the Secretary 
 shall promptly notify each committee, in writing, of the particulars 
 involved and the reasons why such funds were not used for the purpose 
for which appropriated. (2)(A) In any fiscal year, unobligated amounts 
in the Construction, Major Projects account that are a direct result of 
bid savings from a major medical facility project may only be obligated 
for major medical facility projects authorized for that fiscal year or 
 a previous fiscal year. (B) Whenever the Secretary obligates amounts 
  for a major medical facility under subparagraph (A), the Secretary 
  shall submit to the Committee on Veterans Affairs and the 
    Committee on Appropriations of the Senate and the Committee on 
 Veterans Affairs and the Committee on Appropriations of the 
House of Representatives notice of the following: (i) The major medical 
facility project that is the source of the bid savings. (ii) The other 
    major medical facility project for which the amounts are being 
   obligated. (iii) The amounts being obligated for such other major 
    medical facility project. (e) The Secretary may accept gifts or 
donations for any of the purposes of this subchapter. (f) The Secretary 
  may not obligate funds in an amount in excess of $500,000 from the 
Advance Planning Fund of the Department toward design or development of 
 a major medical facility project (as defined in subsection (a)(3)(A)) 
until (1) the Secretary submits to the committees a report on the 
 proposed obligation; and (2) a period of 30 days has passed after the 
    date on which the report is received by the committees. (g) The 
  limitation in subsection (f) does not apply to a project for which 
funds have been authorized by law in accordance with subsection (a)(2). 
(Added Pub. L. 9622, title III, Sec. 301(a), June 13, 1979, 93 
 Stat. 56, Sec. 5004; amended Pub. L. 99166, title III, Sec. 
  301, 303, Dec. 3, 1985, 99 Stat. 954, 955; Pub. L. 99576, 
     title II, Sec. 221(b), Oct. 28, 1986, 100 Stat. 3259; Pub. L. 
   100322, title IV, Sec. 422, May 20, 1988, 102 Stat. 553; 
renumbered Sec. 8104 and amended Pub. L. 10240, title IV, Sec. 
      402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; 
  Pub. L. 102405, title III, Sec. 301(a), Oct. 9, 1992, 106 
Stat. 1984; Pub. L. 10379, Sec. 3(a), Aug. 13, 1993, 107 Stat. 
771; Pub. L. 104262, title II, Sec. 205(a), 206(a), (c), Oct. 
9, 1996, 110 Stat. 3189, 3190; Pub. L. 105368, title VII, Sec. 
704, Nov. 11, 1998, 112 Stat. 3350; Pub. L. 108170, title II, 
Sec. 201, Dec. 6, 2003, 117 Stat. 2047; Pub. L. 108422, title 
 IV, Sec. 416, Nov. 30, 2004, 118 Stat. 2393; Pub. L. 109461, 
     title VIII, Sec. 812, Dec. 22, 2006, 120 Stat. 3447; Pub. L. 
 110387, title VII, Sec. 705, Oct. 10, 2008, 122 Stat. 4138; 
 Pub. L. 111275, title IX, Sec. 905, Oct. 13, 2010, 124 Stat. 
   2895.) ' 8105. Structural requirements (a) Each medical facility 
(including each nursing home facility for which the Secretary contracts 
     under section 1720 of this title and each State home facility 
constructed or altered under sub-chapter III of this chapter) shall be 
of fire, earthquake, and other natural disaster resistant construction 
 in accordance with standards which the Secretary shall prescribe on a 
  State or regional basis after surveying appropriate State and local 
     laws, ordinances, and building codes and climatic and seismic 
conditions pertinent to each such facility. When an existing structure 
   is acquired for use as a medical facility, it shall be altered to 
comply with such standards. (b)(1) In order to carry out this section, 
 the Secretary shall appoint an advisory committee to be known as the 
   Advisory Committee on Structural Safety of Department 
    Facilities, on which shall serve at least one 
  architect and one structural engineer who are experts in structural 
resistance to fire, earthquake, and other natural disasters and who are 
 not employees of the Federal Government. (2) Such advisory committee 
 shall advise the Secretary on all matters of structural safety in the 
construction and altering of medical facilities in accordance with the 
requirements of this section and shall review and make recommendations 
to the Secretary on the regulations prescribed under this section. (3) 
 The Associate Deputy Secretary, the Under Secretary for Health or the 
designee of the Under Secretary for Health, and the Department official 
 charged with the responsibility for construction shall be ex officio 
members of such advisory committee. (Added Pub. L. 9622, title 
 III, Sec. 301(a), June 13, 1979, 93 Stat. 57, Sec. 5005; amended Pub. 
 L. 96128, title V, Sec. 501(e), Nov. 28, 1979, 93 Stat. 987; 
renumbered Sec. 8105, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 
(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404 406; Pub. 
L. 102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984.) ' 8106. Construction contracts (a) The Secretary may carry out 
  any construction or alteration authorized under this subchapter by 
contract if the Secretary considers it to be advantageous to the United 
   States to do so. (b)(1) The Secretary may obtain, by contract or 
otherwise, the services of individuals who are architects or engineers 
  and of architectural and engineering corporations and firms, to the 
  extent that the Secretary may require such services for any medical 
facility authorized to be constructed or altered under this subchapter. 
   (2) No corporation, firm, or individual may be employed under the 
authority of paragraph (1) of this subsection on a permanent basis. (c) 
  Notwithstanding any other provision of this section, the Secretary 
    shall be responsible for all construction authorized under this 
subchapter, including the interpretation of construction contracts, the 
     approval of materials and workmanship supplied pursuant to a 
    construction contract, approval of changes in the construction 
 contract, certification of vouchers for payments due the contractor, 
  and final settlement of the contract. (Added Pub. L. 9622, 
    title III, Sec. 301(a), June 13, 1979, 93 Stat. 58, Sec. 5006; 
renumbered Sec. 8106, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, Sec. 
4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) x' 8107. Repealed. 
  Pub. L. 111163, title V, Sec. 501(b)(1), May 5, 2010, 124 
  Stat. 1157 ' 8108. Contributions to local authorities The 
 Secretary may make contributions to local authorities toward, or for, 
   the construction of traffic controls, road improvements, or other 
devices adjacent to a medical facility if considered necessary for safe 
   ingress or egress. (Added Pub. L. 9622, title III, Sec. 
 301(a), June 13, 1979, 93 Stat. 58, Sec. 5008; renumbered Sec. 8108, 
  Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 
 Stat. 238; amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 
 6, 1991, 105 Stat. 404, 405.) ' 8109. Parking facilities (a) For the 
               purpose of this section (1) The term 
 garage means a structure (or part of a 
       structure) in which vehicles may be parked. (2) The term 
  parking facility includes (A) a 
          surface parking lot; and (B) a garage. (3) The term 
 eligible person means an individual to 
  whom the Secretary is authorized to furnish medical examination or 
  treatment. (b) In order to accommodate the vehicles of employees of 
 medical facilities, vehicles used to transport veterans and eligible 
 persons to or from such facilities for the purpose of examination or 
 treatment, and the vehicles of visitors and other individuals having 
 business at such facilities, the Secretary (1) may construct or 
    alter parking facilities, and may acquire, by purchase, lease, 
condemnation, donation, exchange, or otherwise, such land or interests 
 in land as the Secretary considers necessary for use as the site for 
  any such construction or alteration; (2) may acquire, by purchase, 
  lease, condemnation, donation, exchange, or otherwise, any facility 
 that the Secretary considers necessary for use as a parking facility; 
 and (3) may operate and maintain parking facilities. (c)(1) Except as 
 provided in paragraph (2) of this subsection, each employee, visitor, 
 and other individual having business at a medical facility for which 
parking fees have been established under subsection (d) or (e) of this 
 section shall be charged the applicable parking fee for the use of a 
parking facility at such medical facility. (2) A parking fee shall not 
 be charged under this subsection for the accommodation of any vehicle 
 used to transport to or from a medical facility (A) a veteran or 
  eligible person in connection with such veteran or eligible person 
    seeking examination or treatment; or (B) a volunteer worker (as 
  determined in accordance with regulations which the Secretary shall 
 prescribe) in connection with such worker performing services for the 
   benefit of veterans receiving care at a medical facility. (3) The 
Secretary shall collect (or provide for the collection of) parking fees 
 charged under this subsection. (d)(1) For each medical facility where 
   funds from the revolving fund described in subsection (h) of this 
 section are expended for (A) a garage constructed or acquired by 
    the Department at a cost exceeding $500,000 (or, in the case of 
  acquisition by lease, $100,000 per year); or (B) a project for the 
  alteration of a garage at a cost exceeding $500,000, the Secretary 
shall prescribe a schedule of parking fees to be charged at all parking 
   facilities used in connection with such medical facility. (2) The 
 parking fee schedule prescribed for a medical facility referred to in 
 paragraph (1) of this subsection shall be designed to establish fees 
which the Secretary determines are reasonable under the circumstances. 
  (e) The Secretary may prescribe a schedule of parking fees for the 
     parking facilities at any medical facility not referred to in 
subsection (d) of this section. Any such schedule shall be designed to 
 establish fees which the Secretary determines to be reasonable under 
   the circumstances and shall cover all parking facilities used in 
 connection with such medical facility. (f) The Secretary may contract 
  (by lease or otherwise) for the operation of parking facilities at 
  medical facilities under such terms and conditions as the Secretary 
prescribes and may do so without regard to laws requiring full and open 
 competition. (g) Subject to subsections (h) and (i) of this section, 
 there are authorized to be appropriated such amounts as are necessary 
  to finance (in whole or in part) the construction, alteration, and 
   acquisition (including site acquisition) of parking facilities at 
medical facilities. (h)(1) Amounts appropriated pursuant to subsection 
(g) of this section and parking fees collected under subsection (c) of 
  this section shall be administered as a revolving fund and shall be 
available without fiscal year limitation. (2) The revolving fund shall 
  be deposited in a checking account with the Treasurer of the United 
     States. (3)(A) Except as provided in subparagraph (B) of this 
  paragraph, no funds other than funds from the revolving fund may be 
 expended for the construction, alteration, or acquisition (including 
site acquisition) of a garage at a medical facility after September 30, 
1986. (B) Subparagraph (A) of this paragraph does not apply to the use 
   of funds for investigations and studies, surveys, designs, plans, 
    construction documents, specifications, and similar actions not 
 directly involved in the physical construction of a structure. (i)(1) 
 The expenditure of funds from the revolving fund may be made only for 
     the construction, alteration, and acquisition (including site 
  acquisition) of parking facilities at medical facilities and may be 
made only as provided for in appropriation Acts. (2) For the purpose of 
  section 8104(a)(2) of this title, a bill, resolution, or amendment 
 which provides that funds in the revolving fund (including any funds 
 proposed in such bill, resolution, or amendment to be appropriated to 
  the revolving fund) may be expended for a project involving a total 
 expenditure of more than $4,000,000 for the construction, alteration, 
 or acquisition (including site acquisition) of a parking facility or 
  facilities at a medical facility shall be considered to be a bill, 
resolution, or amendment making an appropriation which may be expended 
   for a major medical facility project. (j) Funds in a construction 
   account or capital account that are available for a construction 
   project or a nonrecurring maintenance project may be used for the 
construction or relocation of a surface parking lot incidental to that 
project. (Added Pub. L. 9622, title III, Sec. 301(a), June 13, 
1979, 93 Stat. 59, Sec. 5009; amended Pub. L. 99576, title II, 
Sec. 223(a)(1), Oct. 28, 1986, 100 Stat. 3259; renumbered Sec. 8109 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), 
       (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
   10379, Sec. 3(b), Aug. 13, 1993, 107 Stat. 771; Pub. L. 
 104262, title II, Sec. 207(b), Oct. 9, 1996, 110 Stat. 3190; 
Pub. L. 105368, title VII, Sec. 705, Nov. 11, 1998, 112 Stat. 
 3350; Pub. L. 108422, title IV, Sec. 415, Nov. 30, 2004, 118 
    Stat. 2393.) ' 8110. Operation of medical facilities (a)(1) The 
Secretary shall establish the total number of hospital beds and nursing 
  home beds in medical facilities over which the Secretary has direct 
   jurisdiction for the care and treatment of eligible veterans. The 
   Secretary shall establish the total number of such beds so as to 
maintain a contingency capacity to assist the Department of Defense in 
 time of war or national emergency to care for the casualties of such 
war or national emergency. Of the number of beds authorized pursuant to 
 the preceding sentence, the Secretary shall maintain the availability 
of such additional beds and facilities in addition to the operating bed 
    level as the Secretary considers necessary for such contingency 
purposes. The President shall include in the Budget transmitted to the 
Congress for each fiscal year pursuant to section 1105 of title 31, an 
  amount for medical care and amounts for construction sufficient to 
 maintain the availability of the contingency capacity referred to in 
 the second sentence of this paragraph. The Secretary shall staff and 
 maintain, in such a manner as to ensure the immediate acceptance and 
 timely and complete care of patients, and in a manner consistent with 
 the policies of the Secretary on overtime, sufficient beds and other 
treatment capacities to accommodate, and provide such care to, eligible 
  veterans applying for admission and found to be in need of hospital 
care or medical services. (2) The Secretary shall maintain the bed and 
 treatment capacities of all Department medical facilities, including 
the staffing required to maintain such capacities, so as to ensure the 
accessibility and availability of such beds and treatment capacities to 
 eligible veterans in all States, to minimize delays in admissions and 
 in the provision of hospital, nursing home, and domiciliary care, and 
   of medical services furnished pursuant to section 1710(a) of this 
title, and to ensure that eligible veterans are provided such care and 
   services in an appropriate manner. (3)(A) The Under Secretary for 
  Health shall at the end of each fiscal year (i) analyze agencywide 
admission policies and the records of those eligible veterans who apply 
  for hospital care, medical services, and nursing home care, but are 
rejected or not immediately admitted or provided such care or services, 
  and (ii) review and make recommendations regarding the adequacy of 
     staff levels for compliance with the policy established under 
subparagraph (C), the adequacy of the established operating bed levels, 
    the geographic distribution of operating beds, the demographic 
 characteristics of the veteran population and the associated need for 
 medical care and nursing home facilities and services in each State, 
   and the proportion of the total number of operating beds that are 
hospital beds and that are nursing home beds. (B) After considering the 
analyses and recommendations of the Under Secretary for Health pursuant 
    to subparagraph (A) of this paragraph for any fiscal year, the 
Secretary shall report to the committees, on or before December 1 after 
 the close of such fiscal year, on the results of the analysis of the 
  Under Secretary for Health and on the numbers of operating beds and 
  level of treatment capacities required to enable the Department to 
 carry out the primary function of the Veterans Health Administration. 
The Secretary shall include in each such report recommendations for (i) 
  the numbers of operating beds and the level of treatment capacities 
  required for the health care of veterans and the maintenance of the 
 contingency capacity referred to in paragraph (1) of this subsection, 
and (ii) the appropriate staffing and funds therefor. (C) The Secretary 
shall, in consultation with the Under Secretary for Health, establish a 
 nationwide policy on the staffing of Department medical facilities in 
   order to ensure that such facilities have adequate staff for the 
 provision to veterans of appropriate, high-quality care and services. 
 The policy shall take into account the staffing levels and mixture of 
   staff skills required for the range of care and services provided 
  veterans in Department facilities. (4)(A) With respect to each law 
 making appropriations for the Department for any fiscal year (or any 
 part of a fiscal year), there shall be provided to the Department the 
funded personnel ceiling defined in subparagraph (C) of this paragraph 
  and the funds appropriated therefor. (B) In order to carry out the 
 provisions of subparagraph (A) of this paragraph, the Director of the 
 Office of Management and Budget shall, with respect to each such law 
(i) provide to the Department for the fiscal year (or part of a fiscal 
 year) concerned such funded personnel ceiling and the funds necessary 
to achieve such ceiling, and (ii) submit to the appropriate committees 
  of the Congress and to the Comptroller General of the United States 
certification that the Director has so provided such ceiling. Not later 
  than the thirtieth day after the enactment of such a law or, in the 
event of the enactment of such a law more than thirty days prior to the 
  fiscal year for which such law makes such appropriations, not later 
 than the tenth day of such fiscal year, the certification required in 
 the first sentence of this subparagraph shall be submitted, together 
with a report containing complete information on the personnel ceiling 
  that the Director has provided to the Department for the employees 
 described in subparagraph (C) of this paragraph. (C) For the purposes 
       of this paragraph, the term funded personnel 
 ceiling means, with respect to any fiscal year (or 
part of a fiscal year), the authorization by the Director of the Office 
 of Management and Budget to employ (under the appropriation accounts 
    for medical care, medical and prosthetic research, and medical 
administration and miscellaneous operating expenses) not less than the 
  number of employees for the employment of which appropriations have 
    been made for such fiscal year (or part of a fiscal year). (5) 
Notwithstanding any other provision of this title or of any other law, 
funds appropriated for the Department under the appropriation accounts 
    for medical care, medical and prosthetic research, and medical 
  administration and miscellaneous operating expenses may not be used 
  for, and no employee compensated from such funds may carry out any 
  activity in connection with, the conduct of any study comparing the 
   cost of the provision by private contractors with the cost of the 
 provision by the Department of commercial or industrial products and 
services for the Veterans Health Administration unless such funds have 
   been specifically appropriated for that purpose. (6)(A) Temporary 
   research personnel of the Veterans Health Administration shall be 
  excluded from any ceiling on full-time equivalent employees of the 
   Department or any other personnel ceiling otherwise applicable to 
 employees of the Department. (B) For purposes of subparagraph (A) of 
        this paragraph, the term temporary research 
  personnel means personnel who are employed in the 
 Veterans Health Administration in other than a career appointment for 
 work on a research activity and who are not paid by the Department or 
  are paid from funds appropriated to the Department to support such 
    activity. (b) When the Secretary determines, in accordance with 
  regulations which the Secretary shall prescribe, that a Department 
 facility serves a substantial number of veterans with limited English-
     speaking ability, the Secretary shall establish and implement 
procedures, upon the recommendation of the Under Secretary for Health, 
 to ensure the identification of sufficient numbers of individuals on 
such facilitys staff who are fluent in both the language most 
appropriate to such veterans and in English and whose responsibilities 
 shall include providing guidance to such veterans and to appropriate 
  Department staff members with respect to cultural sensitivities and 
 bridging linguistic and cultural differences. (c) The Secretary shall 
include in the materials submitted to Congress each year in support of 
   the budget of the Department for the next fiscal year a report on 
   activities and proposals involving contracting for performance by 
    contractor personnel of work previously performed by Department 
employees. The report shall (1) identify those specific activities 
 that are currently performed at a Department facility by more than 10 
Department employees which the Secretary proposes to study for possible 
    contracting involving conversion from performance by Department 
employees to performance by employees of a contractor; and (2) identify 
those specific activities that have been contracted for performance by 
 contractor employees during the prior fiscal year (shown by location, 
subject, scope of contracts, and savings) and shall describe the effect 
of such contracts on the quality of delivery of health services during 
such year. (d) The Secretary may not in any fiscal year close more than 
 50 percent of the beds within a bed section (of 20 or more beds) of a 
  Department medical center unless the Secretary first submits to the 
Committees on Veterans Affairs of the Senate and the House of 
Representatives a report providing a justification for the closure. No 
 action to carry out such closure may be taken after the submission of 
such report until the end of the 21-day period beginning on the date of 
  the submission of the report. (e) The Secretary shall submit to the 
Committees on Veterans Affairs of the Senate and the House of 
   Representatives, not later than January 20 of each year, a report 
documenting by network for the preceding fiscal year the following: (1) 
The number of medical service and surgical service beds, respectively, 
that were closed during that fiscal year and, for each such closure, a 
 description of the changes in delivery of services that allowed such 
  closure to occur. (2) The number of nursing home beds that were the 
 subject of a mission change during that fiscal year and the nature of 
  each such mission change. (f) For purposes of this section: (1) The 
 term closure, with respect to beds in a 
medical center, means ceasing to provide staffing for, and to operate, 
  those beds. Such term includes converting the provision of such bed 
    care from care in a Department facility to care under contract 
 arrangements. (2) The term bed section, 
  with respect to a medical center, means psychiatric beds (including 
    beds for treatment of substance abuse and post-traumatic stress 
 disorder), intermediate, neurology, and rehabilitation medicine beds, 
extended care (other than nursing home) beds, and domiciliary beds. (3) 
 The term justification, with respect to 
 closure of beds, means a written report that includes the following: 
   (A) An explanation of the reasons for the determination that the 
closure is appropriate and advisable. (B) A description of the changes 
in the functions to be carried out and the means by which such care and 
  services would continue to be provided to eligible veterans. (C) A 
 description of the anticipated effects of the closure on veterans and 
on their access to care. (Added Pub. L. 9622, title III, Sec. 
    301(a), June 13, 1979, 93 Stat. 59, Sec. 5010; amended Pub. L. 
 96151, title III, Sec. 301(a), Dec. 20, 1979, 93 Stat. 1095; 
 Pub. L. 9766, title VI, Sec. 601(b), Oct. 17, 1981, 95 Stat. 
1033; Pub. L. 9772, title I, Sec. 108, Nov. 3, 1981, 95 Stat. 
1053; Pub. L. 97306, title IV, Sec. 409(b), Oct. 14, 1982, 96 
  Stat. 1446; Pub. L. 97452, Sec. 2(e)(4), Jan. 12, 1983, 96 
 Stat. 2479; Pub. L. 98160, title VII, Sec. 702(19), Nov. 21, 
 1983, 97 Stat. 1010; Pub. L. 98528, title I, Sec. 102, Oct. 
   19, 1984, 98 Stat. 2688; Pub. L. 99576, title VII, Sec. 
702(15), Oct. 28, 1986, 100 Stat. 3302; Pub. L. 100322, title 
 II, Sec. 222(a), title IV, Sec. 401(a), May 20, 1988, 102 Stat. 531, 
 543; renumbered Sec. 8110 and amended Pub. L. 102 40, title 
 IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
  10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 
 1991, 105 Stat. 404406; Pub. L. 102 405, title III, 
Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103446, 
title XI, Sec. 1103, title XII, Sec. 1201(b)(1), (d)(17), (g)(7), Nov. 
  2, 1994, 108 Stat. 4681, 4682, 4684, 4687; Pub. L. 10466, 
     title I, Sec. 1141(c), Dec. 21, 1995, 109 Stat. 726; Pub. L. 
104262, title I, Sec. 101(e)(4), title III, Sec. 305, Oct. 9, 
 1996, 110 Stat. 3181, 3194; Pub. L. 106117, title III, Sec. 
 301, Nov. 30, 1999, 113 Stat. 1571; Pub. L. 107135, title I, 
Sec. 124, Jan. 23, 2002, 115 Stat. 2452; Pub. L. 107314, div. 
   A, title VII, Sec. 726(a), Dec. 2, 2002, 116 Stat. 2599.) ' 8111. 
  Sharing of Department of Veterans Affairs and Department of Defense 
 health care resources (a) REQUIRED COORDINATION AND SHARING OF HEALTH 
CARE RESOURCES.The Secretary of Veterans Affairs and the Secretary 
 of Defense shall enter into agreements and contracts for the mutually 
  beneficial coordination, use, or exchange of use of the health care 
 resources of the Department of Veterans Affairs and the Department of 
Defense with the goal of improving the access to, and quality and cost 
   effectiveness of, the health care provided by the Veterans Health 
 Administration and the Military Health System to the beneficiaries of 
 both Departments. (b) JOINT REQUIREMENTS FOR SECRETARIES OF VETERANS 
    AFFAIRS AND DEFENSE.To facilitate the mutually beneficial 
 coordination, use, or exchange of use of the health care resources of 
the two Departments, the two Secretaries shall carry out the following 
 functions: (1) Develop and publish a joint strategic vision statement 
    and a joint strategic plan to shape, focus, and prioritize the 
coordination and sharing efforts among appropriate elements of the two 
  Departments and incorporate the goals and requirements of the joint 
 sharing plan into the strategic plan of each Department under section 
   306 of title 5 and the performance plan of each Department under 
 section 1115 of title 31. (2) Jointly fund the Department of Veterans 
 Affairs-Department of Defense Joint Executive Committee under section 
   320 of this title. (3) Continue to facilitate and improve sharing 
  between individual Department of Veterans Affairs and Department of 
   Defense health care facilities, but giving priority of effort to 
    initiatives (A) that improve sharing and coordination of health 
  resources at the intraregional and nationwide levels, and (B) that 
 improve the ability of both Departments to provide coordinated health 
  care. (4) Establish a joint incentive program under subsection (d). 
     x(c) Repealed. Pub. L. 108136, div. A, title V, Sec. 
583(b)(1), Nov. 24, 2003, 117 Stat. 1491. (d) JOINT INCENTIVES 
  PROGRAM.(1) Pursuant to subsection (b)(4), the two Secretaries 
     shall carry out a program to identify, provide incentives to, 
    implement, fund, and evaluate creative coordination and sharing 
initiatives at the facility, intraregional, and nationwide levels. The 
  program shall be administered by the Department of Veterans Affairs-
   Department of Defense Joint Executive Committee, under procedures 
   jointly prescribed by the two Secretaries. (2) To facilitate the 
 incentive program, there is established in the Treasury a fund to be 
     known as the DOD-VA Health Care Sharing Incentive 
Fund. Each Secretary shall annually contribute to the 
   fund a minimum of $15,000,000 from the funds appropriated to that 
Secretarys Department. Such funds shall remain available until 
  expended and shall be available for any purpose authorized by this 
   section. (3) The program under this subsection shall terminate on 
 September 30, 2015. (e) GUIDELINES AND POLICIES FOR IMPLEMENTATION OF 
       COORDINATION AND SHARING RECOMMENDATIONS, CONTRACTS, AND 
   AGREEMENTS.(1) To implement the recommendations made by the 
 Department of Veterans Affairs-Department of Defense Joint Executive 
 Committee with respect to health care resources, as well as to carry 
  out other health care contracts and agreements for coordination and 
 sharing initiatives as they consider appropriate, the two Secretaries 
 shall jointly issue guidelines and policy directives. Such guidelines 
 and policies shall provide for coordination and sharing that (A) 
 is consistent with the health care responsibilities of the Department 
     of Veterans Affairs under this title and with the health care 
responsibilities of the Department of Defense under chapter 55 of title 
10; (B) will not adversely affect the range of services, the quality of 
    care, or the established priorities for care provided by either 
 Department; and (C) will not reduce capacities in certain specialized 
 programs of the Department of Veterans Affairs that the Secretary is 
required to maintain in accordance with section 1706(b) of this title. 
(2) To facilitate the sharing and coordination of health care services 
between the two Departments, the two Secretaries shall jointly develop 
   and implement guidelines for a standardized, uniform payment and 
   reimbursement schedule for those services. Such schedule shall be 
 revised periodically as necessary. The two Secretaries may on a case-
by-case basis waive elements of the schedule if they jointly agree that 
such a waiver is in the best interests of both Departments. (3)(A) The 
guidelines established under paragraph (1) shall authorize the heads of 
  individual Department of Defense and Department of Veterans Affairs 
   medical facilities and service regions to enter into health care 
   resources coordination and sharing agreements. (B) Under any such 
agreement, an individual who is a primary beneficiary of one Department 
    may be provided health care, as provided in the agreement, at a 
  facility or in the service region of the other Department that is a 
party to the sharing agreement. (C) Each such agreement shall identify 
 the health care resources to be shared. (D) Each such agreement shall 
  provide, and shall specify procedures designed to ensure, that the 
 availability of direct health care to individuals who are not primary 
 beneficiaries of the providing Department is (i) on a referral basis 
 from the facility or service region of the other Department, and (ii) 
   does not (as determined by the head of the providing facility or 
region) adversely affect the range of services, the quality of care, or 
      the established priorities for care provided to the primary 
  beneficiaries of the providing Department. (E) Each such agreement 
 shall provide that a providing Department or service region shall be 
reimbursed for the cost of the health care resources provided under the 
     agreement and that the rate of such reimbursement shall be as 
 determined in accordance with paragraph (2). (F) Each proposal for an 
 agreement under this paragraph shall be effective (i) on the 46th day 
  after the receipt of such proposal by the Committee, unless earlier 
disapproved, or (ii) if earlier approved by the Committee, on the date 
of such approval. (G) Any funds received through such a uniform payment 
 and reimbursement schedule shall be credited to funds that have been 
allotted to the facility of either Department that provided the care or 
  services, or is due the funds from, any such agreement. (f) ANNUAL 
  JOINT REPORT.(1) At the time the Presidents budget is 
 transmitted to Congress in any year pursuant to section 1105 of title 
  31, the two Secretaries shall submit to Congress a joint report on 
  health care coordination and sharing activities under this section 
 during the fiscal year that ended during the previous calendar year. 
(2) Each report under this section shall include the following: (A) The 
 guidelines prescribed under subsection (e) (and any revision of such 
guidelines). (B) The assessment of further opportunities identified by 
    the Department of Veterans Affairs-Department of Defense Joint 
  Executive Committee under subsection (d)(3) of section 320 of this 
    title for the sharing of health-care resources between the two 
   Departments. (C) Any recommendation made by that committee under 
subsection (c)(2) of that section during that fiscal year. (D) A review 
   of the sharing agreements entered into under subsection (e) and a 
summary of activities under such agreements during such fiscal year and 
a description of the results of such agreements in improving access to, 
and the quality and cost effectiveness of, the health care provided by 
 the Veterans Health Administration and the Military Health System to 
the beneficiaries of both Departments. (E) A summary of other planning 
and activities involving either Department in connection with promoting 
 the coordination and sharing of Federal health-care resources during 
the preceding fiscal year. (F) Such recommendations for legislation as 
 the two Secretaries consider appropriate to facilitate the sharing of 
 health-care resources between the two Departments. (3) In addition to 
   the matters specified in paragraph (2), the two Secretaries shall 
 include in the annual report under this subsection an overall status 
  report of the progress of health resources sharing between the two 
  Departments as a consequence of subtitle C of title VII of the Bob 
 Stump National Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107314) and of other sharing initiatives taken during the 
  period covered by the report. Such status report shall indicate the 
 status of such sharing and shall include appropriate data as well as 
 analyses of that data. The annual report shall include the following: 
(A) Enumerations and explanations of major policy decisions reached by 
the two Secretaries during the period covered by the report period with 
 respect to sharing between the two Departments. (B) A description of 
   progress made in new ventures or particular areas of sharing and 
 coordination that would be of policy interest to Congress consistent 
with the intent of such subtitle. (C) A description of enhancements of 
access to care of beneficiaries of both Departments that came about as 
a result of new sharing approaches brought about by such subtitle. (D) 
  A description of proposals for which funds are provided through the 
    joint incentives program under subsection (d), together with a 
   description of their results or status at the time of the report, 
      including access improvements, savings, and quality-of-care 
 enhancements they brought about, and a description of any additional 
 use of funds made available under subsection (d). (4) In addition to 
 the matters specified in paragraphs (2) and (3), the two Secretaries 
shall include in the annual report under this subsection for each year 
through 2008 the following: (A) A description of the measures taken, or 
planned to be taken, to implement the health resources sharing project 
 under section 722 of the Bob Stump National Defense Authorization Act 
for Fiscal Year 2003 (Public Law 107314) and any cost savings 
 anticipated, or cost sharing achieved, at facilities participating in 
 the project, including information on improvements in access to care, 
    quality, and timeliness, as well as impediments encountered and 
   legislative recommendations to ameliorate such impediments. (B) A 
  description of the use of the waiver authority provided by section 
   722(d)(1) of the Bob Stump National Defense Authorization Act for 
  Fiscal Year 2003 (Public Law 107314), including (i) a 
 statement of the numbers and types of requests for waivers under that 
   section of administrative policies that have been made during the 
period covered by the report and, for each such request, an explanation 
 of the content of each request, the intended purpose or result of the 
    requested waiver, and the disposition of each request; and (ii) 
   descriptions of any new administrative policies that enhance the 
  success of the project. (5) In addition to the matters specified in 
paragraphs (2), (3), and (4), the two Secretaries shall include in the 
annual report under this subsection for each year through 2009 a report 
 on the pilot program for graduate medical education under section 725 
  of the Bob Stump National Defense Authorization Act for Fiscal Year 
   2003 (Public Law 107314), including activities under the 
    program during the preceding year and each Secretarys 
 assessment of the efficacy of providing education and training under 
 that program. (g) DEFINITIONS.For the purposes of this section: 
 (1) The term beneficiary means a person 
 who is a primary beneficiary of the Department of Veterans Affairs or 
 of the Department of Defense. (2) The term direct health 
care means health care provided to a beneficiary in a 
medical facility operated by the Department of Veterans Affairs or the 
   Department of Defense. (3) The term head of a medical 
 facility (A) with respect to a medical facility of 
the Department of Veterans Affairs, means the director of the facility, 
    and (B) with respect to a medical facility of the Department of 
Defense, means the medical or dental officer in charge or the contract 
        surgeon in charge. (4) The term health-care 
 resource includes hospital care, medical services, 
 and rehabilitative services, as those terms are defined in paragraphs 
    (5), (6), and (8), respectively, of section 1701 of this title, 
 services under sections 1782 and 1783 of this title, any other health-
 care service, and any health-care support or administrative resource. 
(5) The term primary beneficiary (A) with 
  respect to the Department means a person who is eligible under this 
 title (other than under section 1782, 1783, or 1784 or subsection (d) 
of this section) or any other provision of law for care or services in 
 Department medical facilities, and (B) with respect to the Department 
of Defense, means a member or former member of the Armed Forces who is 
    eligible for care under section 1074 of title 10. (6) The term 
providing Department means the Department 
  of Veterans Affairs, in the case of care or services furnished by a 
 facility of the Department of Veterans Affairs, and the Department of 
Defense, in the case of care or services furnished by a facility of the 
        Department of Defense. (7) The term service 
    region means a geographic service area of the 
   Veterans Health Administration, in the case of the Department of 
 Veterans Affairs, and a service region, in the case of the Department 
of Defense. (Added Pub. L. 9622, title III, Sec. 301(a), June 
13, 1979, 93 Stat. 60, Sec. 5011; amended Pub. L. 97174, Sec. 
 3(a), (b)(1), May 4, 1982, 96 Stat. 70, 73; Pub. L. 97 452, 
 Sec. 2(e)(4), Jan. 12, 1983, 96 Stat. 2479; renumbered Sec. 8111 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), 
(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. 
L. 102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984; Pub. L. 103 446, title XII, Sec. 1201(g)(8), (i)(10), 
Nov. 2, 1994, 108 Stat. 4687, 4688; Pub. L. 107135, title II, 
Sec. 208(e)(6), Jan. 23, 2002, 115 Stat. 2464; Pub. L. 107314, 
 div. A, title VII, Sec. 721(a)(1), Dec. 2, 2002, 116 Stat. 2589; Pub. 
 L. 108136, div. A,title V, Sec. 583(b), (c), Nov. 24, 2003, 
117 Stat. 1491, 1492; Pub. L. 108422, title VI, Sec. 605, Nov. 
 30, 2004, 118 Stat. 2399; Pub. L. 109163, div. A, title VII, 
Sec. 747(a), title X, Sec. 1056(g), Jan. 6, 2006, 119 Stat. 3363, 3440; 
 Pub. L. 109364, div. A, title VII, Sec. 743, Oct. 17, 2006, 
 120 Stat. 2308; Pub. L. 109444, Sec. 8(a)(6), (7), Dec. 21, 
     2006, 120 Stat. 3313; Pub. L. 109461, title X, Secs. 
1004(a)(6), (7), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468; Pub. L. 
11184, div. A, title XVII,Sec. 1706, Oct. 28, 2009, 123 Stat. 
 2574.) ' 8111A. Furnishing of health-care services to members of the 
   Armed Forces during a war or national emergency (a)(1) During and 
    immediately following a period of war, or a period of national 
 emergency declared by the President or the Congress that involves the 
 use of the Armed Forces in armed conflict, the Secretary may furnish 
 hospital care, nursing home care, and medical services to members of 
    the Armed Forces on active duty. (2)(A) During and immediately 
following a disaster or emergency referred to in subparagraph (B), the 
Secretary may furnish hospital care and medical services to members of 
   the Armed Forces on active duty responding to or involved in that 
disaster or emergency. (B) A disaster or emergency referred to in this 
   subparagraph is any disaster or emergency as follows: (i) A major 
  disaster or emergency declared by the President under the Robert T. 
 Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
 et seq.). (ii) A disaster or emergency in which the National Disaster 
   Medical System established pursuant to section 2812 of the Public 
 Health Service Act (42 U.S.C. 300hh) is activated by the Secretary of 
Health and Human Services under paragraph (3)(A) of that section or as 
   otherwise authorized by law. (3) The Secretary may give a higher 
priority to the furnishing of care and services under this section than 
 to the furnishing of care and services to any other group of persons 
eligible for care and services in medical facilities of the Department 
with the exception of veterans with service-connected disabilities. (4) 
   For the purposes of this section, the terms hospital 
           care, nursing home 
            care, and medical 
   services have the meanings given such terms by 
sections 1701(5), 101(28), and 1701(6) of this title, respectively, and 
   the term medical services includes 
 services under sections 1782 and 1783 of this title. (b)(1) During a 
    period in which the Secretary is authorized to furnish care and 
 services to members of the Armed Forces under subsection (a) of this 
 section, the Secretary, to the extent authorized by the President and 
 subject to the availability of appropriations or reimbursements under 
 subsection (c) of this section, may enter into contracts with private 
 facilities for the provision during such period by such facilities of 
 hospital care and medical services described in paragraph (2) of this 
   subsection. (2) Hospital care and medical services referred to in 
paragraph (1) of this subsection are (A) hospital care and medical 
 services authorized under this title for a veteran and necessary for 
the care or treatment of a condition for which the veteran is receiving 
   medical services at a Department facility under subsection (a) of 
 section 1710 of this title, in a case in which the delay involved in 
furnishing such care or services at such Department facility or at any 
 other Department facility reasonably accessible to the veteran would, 
in the judgment of the Under Secretary for Health, be likely to result 
   in a deterioration of such condition; and (B) hospital care for a 
 veteran who (i) is receiving hospital care under section 1710 of 
 this title; or (ii) is eligible for hospital care under such section 
  and requires such care in a medical emergency that poses a serious 
 threat to the life or health of the veteran; if Department facilities 
    are not capable of furnishing or continuing to furnish the care 
 required because of the furnishing of care and services to members of 
the Armed Forces under subsection (a) of this section. (c)(1) The cost 
of any care or services provided by the Department under subsection (a) 
of this section shall be reimbursed to the Department by the Department 
of Defense at such rates as may be agreed upon by the Secretary and the 
    Secretary of Defense based on the cost of the care or services 
provided. (2) Amounts received under this subsection shall be credited 
to funds allotted to the Department facility that provided the care or 
services. (d)(1) The Secretary of Veterans Affairs and the Secretary of 
   Defense shall jointly review plans for the implementation of this 
 section not less often than annually. (2) Whenever a modification to 
 such plans is agreed to, the Secretaries shall jointly submit to the 
  Committees on Veterans Affairs of the Senate and House of 
Representatives a report on such modification. Any such report shall be 
 submitted within 30 days after the modification is agreed to. (e) The 
  Secretary shall prescribe regulations to govern any exercise of the 
   authority of the Secretary under subsections (a) and (b) of this 
    section and of the Under Secretary for Health under subsection 
 (b)(2)(A) of this section. (Added Pub. L. 97174, Sec. 4(a), 
 May 4, 1982, 96 Stat. 74, Sec. 5011A; renumbered Sec. 8111A, Pub. L. 
   10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 
 238;amended Pub. L. 10254, Sec. 14(f)(4), June 13, 1991, 105 
Stat. 287; Pub. L. 102 83, Sec. 4(a)(3), (4), (b)(1), (2)(E), 
       5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
 1984; Pub. L. 104262, title I, Sec. 101(e)(5), Oct. 9, 1996, 
110 Stat. 3181; Pub. L. 106419, title IV, Sec. 403(b), Nov. 1, 
     2000, 114 Stat. 1864; Pub. L. 107135, title II, Sec. 
208(e)(7), Jan. 23, 2002, 115 Stat. 2464; Pub. L. 107287, Sec. 
   4(b), Nov. 7, 2002, 116 Stat. 2029; Pub. L. 109444, Sec. 
8(a)(8), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109461, title 
X, Secs. 1004(a)(8), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. 
L. 111275, title X, Sec. 1001(p)(1), Oct. 13, 2010, 124 Stat. 
 2897.) ' 8112. Partial relinquishment of legislative jurisdiction The 
Secretary, on behalf of the United States, may relinquish to the State 
   in which any lands or interests therein under the supervision or 
  control of the Secretary are situated, such measure of legislative 
jurisdiction over such lands or interests as is necessary to establish 
 concurrent jurisdiction between the Federal Government and the State 
  concerned. Such partial relinquishment of legislative jurisdiction 
shall be initiated by filing a notice thereof with the Governor of the 
 State concerned, or in such other manner as may be prescribed by the 
   laws of such State, and shall take effect upon acceptance by such 
 State. (Added Pub. L. 9622, title III, Sec. 301(a), June 13, 
      1979, 93 Stat. 60, Sec. 5012; renumbered Sec. 8112, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 
 Stat. 404, 405.) ' 8113. Property formerly owned by National Home for 
     Disabled Volunteer Soldiers If by reason of any defeasance or 
 conditional clause or clauses contained in any deed of conveyance of 
 property to the National Home for Disabled Volunteer Soldiers, which 
property is owned by the United States, the full and complete enjoyment 
  and use of such property is threatened, the Attorney General, upon 
request of the President, shall institute in the United States district 
     court for the district in which the property is located such 
  proceedings as may be proper to extinguish all outstanding adverse 
 interests. The Attorney General may procure and accept, on behalf of 
 the United States, by gift, purchase, cession, or otherwise, absolute 
  title to, and complete jurisdiction over, all such property. (Added 
Pub. L. 9622, title III, Sec. 301(a), June 13, 1979, 93 Stat. 
61, Sec. 5013; renumbered Sec. 8113, Pub. L. 10240, title IV, 
 Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.) ' 8114. Use of federally 
 owned facilities; use of personnel (a) The Secretary, subject to the 
approval of the President, may use as medical facilities such suitable 
buildings, structures, and grounds owned by the United States on March 
 3, 1925, as may be available for such purposes, and the President may 
by Executive order transfer any such buildings, structures, and grounds 
 to the control and jurisdiction of the Department upon the request of 
    the Secretary. (b) The President may require the architectural, 
engineering, constructing, or other forces of any of the departments of 
 the Government to do or assist in the construction and alteration of 
  medical facilities, and the President may employ for such purposes 
 individuals and agencies not connected with the Government, if in the 
opinion of the President such is desirable, at such compensation as the 
President may consider reasonable. (Added Pub. L. 9622, title 
  III, Sec. 301(a), June 13, 1979, 93 Stat. 61, Sec. 5014; renumbered 
  Sec. 8114, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
1991, 105 Stat. 238; amended Pub. L. 10283, Sec. 4(a)(3), (4), 
 (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 8115. Acceptance 
 of certain property The President may accept from any State or other 
  political subdivision, or from any person, any building, structure, 
 equipment, or grounds suitable for the care of disabled persons, with 
  due regard to fire or other hazards, state of repair, and all other 
 pertinent considerations. The President may designate which agency of 
  the Federal Government shall have the control and management of any 
  property so accepted. (Added Pub. L. 9622, title III, Sec. 
 301(a), June 13, 1979, 93 Stat. 61, Sec. 5015; renumbered Sec. 8115, 
  Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 
Stat. 238.) ' 8116. Nursing home revolving fund (a)(1) Amounts realized 
 from a transfer pursuant to section 8122(a)(2)(C) of this title shall 
  be administered as a revolving fund and shall be available without 
fiscal year limitation. (2) The revolving fund shall be deposited in a 
 checking account with the Treasurer of the United States. (b)(1) The 
 expenditure of funds from the revolving fund may be made only for the 
construction, alteration, and acquisition (including site acquisition) 
  of nursing home facilities and may be made only as provided for in 
 appropriation Acts. (2) For the purpose of section 8104(a)(2) of this 
 title, a bill, resolution, or amendment which provides that funds in 
  the revolving fund may be expended for a project involving a total 
 expenditure of more than $2,000,000 for the construction, alteration, 
or acquisition (including site acquisition) of a nursing home facility 
 shall be considered to be a bill, resolution, or amendment making an 
   appropriation which may be expended for a major medical facility 
project. (Added Pub. L. 100322, title II, Sec. 205(a), May 20, 
 1988, 102 Stat. 512, Sec. 5016; renumbered Sec. 8116 and amended Pub. 
 L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
   Stat. 238, 239.) ' 8117. Emergency preparedness (a) READINESS OF 
     DEPARTMENT MEDICAL CENTERS.(1) The Secretary shall take 
appropriate actions to provide for the readiness of Department medical 
centers to protect the patients and staff of such centers from a public 
   health emergency (as defined in section 2801 of the Public Health 
  Service Act) or otherwise to respond to such an emergency so as to 
enable such centers to fulfill their obligations as part of the Federal 
  response to such emergencies. (2) Actions under paragraph (1) shall 
    include (A) the provision of decontamination equipment and 
 personal protection equipment at Department medical centers; (B) the 
  provision of training in the use of such equipment to staff of such 
  centers; (C) organizing, training, and equipping the staff of such 
   centers to support the activities carried out by the Secretary of 
   Health and Human Services under section 2801 of the Public Health 
  Service Act in the event of a public health emergency and incidents 
  covered by the National Response Plan developed pursuant to section 
502(6) of the Homeland Security Act of 2002, or any successor plan; and 
   (D) providing medical logistical support to the National Disaster 
   Medical System and the Secretary of Health and Human Services as 
  necessary, on a reimbursable basis, and in coordination with other 
  designated Federal agencies. (b) SECURITY AT DEPARTMENT MEDICAL AND 
   RESEARCH FACILITIES.(1) The Secretary shall take appropriate 
 actions to provide for the security of Department medical centers and 
 research facilities, including staff and patients at such centers and 
 facilities. (2) In taking actions under paragraph (1), the Secretary 
 shall take into account the results of the evaluation of the security 
needs at Department medical centers and research facilities required by 
   section 154(b)(1) of the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 (Public Law 107188; 116 
 Stat. 631), including the results of such evaluation relating to the 
 following needs: (A) Needs for the protection of patients and medical 
staff during emergencies, including a chemical or biological attack or 
  other terrorist attack. (B) Needs, if any, for screening personnel 
    engaged in research relating to biological pathogens or agents, 
 including work associated with such research. (C) Needs for securing 
   laboratories or other facilities engaged in research relating to 
  biological pathogens or agents. (c) TRACKING OF PHARMACEUTICALS AND 
  MEDICAL SUPPLIES AND EQUIPMENT.The Secretary shall develop and 
  maintain a centralized system for tracking the current location and 
    availability of pharmaceuticals, medical supplies, and medical 
  equipment throughout the Department health care system in order to 
        permit the ready identification and utilization of such 
  pharmaceuticals, supplies, and equipment for a variety of purposes, 
 including response to a public health emergency. The Secretary shall, 
 through existing medical procurement contracts, and on a reimbursable 
 basis, make available as necessary, medical supplies, equipment, and 
pharmaceuticals in response to a public health emergency in support of 
   the Secretary of Health and Human Services. (d) TRAINING.The 
    Secretary shall ensure that the Department medical centers, in 
  consultation with the accredited medical school affiliates of such 
 medical centers, implement curricula to train resident physicians and 
  health care personnel in medical matters relating to public health 
  emergencies or attacks from an incendiary or other explosive weapon 
 consistent with section 319F(a) of the Public Health Service Act. (e) 
    PARTICIPATION IN NATIONAL DISASTER MEDICAL SYSTEM. (1) The 
Secretary shall establish and maintain a training program to facilitate 
 the participation of the staff of Department medical centers, and of 
   the community partners of such centers, in the National Disaster 
   Medical System established pursuant to section 2812 of the Public 
   Health Service Act (42 U.S.C. 300hh-11). (2) The Secretary shall 
  establish and maintain the training program under paragraph (1) in 
    accordance with the recommendations of the working group on the 
  prevention, preparedness, and response to public health emergencies 
  established under section 319F of the Public Health Service Act (42 
  U.S.C. 247d-6). (3) The Secretary shall establish and maintain the 
     training program under paragraph (1) in consultation with the 
 following: (A) The Secretary of Defense. (B) The Secretary of Health 
  and Human Services. (C) The Administrator of the Federal Emergency 
 Management Agency. (f) MENTAL HEALTH COUNSELING.(1) With respect 
  to activities conducted by personnel serving at Department medical 
 centers, the Secretary shall develop and maintain various strategies 
   for providing mental health counseling and assistance, including 
counseling and assistance for post-traumatic stress disorder, following 
a bioterrorist attack or other public health emergency to the following 
   persons: (A) Veterans. (B) Local and community emergency response 
providers. (C) Active duty military personnel. (D) Individuals seeking 
care at Department medical centers. (2) The strategies under paragraph 
  (1) shall include the following: (A) Training and certification of 
 providers of mental health counseling and assistance. (B) Mechanisms 
    for coordinating the provision of mental health counseling and 
  assistance to emergency response providers referred to in paragraph 
(1). (3) The Secretary shall develop and maintain the strategies under 
 paragraph (1) in consultation with the Secretary of Health and Human 
Services, the American Red Cross, and the working group referred to in 
 subsection (e)(2). (g) AUTHORIZATION OF APPROPRIATIONS.There are 
 authorized to be appropriated, such sums as may be necessary to carry 
  out this section for each of fiscal years 2007 through 2011. (Added 
 Pub. L. 107287, Sec. 6(a)(1), Nov. 7, 2002, 116 Stat. 2030; 
 amended Pub. L. 109295, title VI, Sec. 612(c), Oct. 4, 2006, 
120 Stat. 1410; Pub. L. 109417, title III, Sec. 306, Dec. 19, 
     2006, 120 Stat. 2863; Pub. L. 110387, title IX, Sec. 
  901(a)(7), Oct. 10, 2008, 122 Stat. 4142; Pub. L. 111275, 
   title X, Sec. 1001(p)(2), Oct. 13, 2010, 124 Stat. 2897.) ' 8118. 
Authority for transfer of real property; Department of Veterans Affairs 
  Capital Asset Fund (a)(1) The Secretary may transfer real property 
     under the jurisdiction or control of the Secretary (including 
structures and equipment associated therewith) to another department or 
agency of the United States, to a State (or a political subdivision of 
   a State), or to any public or private entity, including an Indian 
   tribe. Such a transfer may be made only if the Secretary receives 
 compensation of not less than the fair market value of the property, 
 except that no compensation is required, or compensation at less than 
fair market value may be accepted, in the case of a transfer to a grant 
and per diem provider (as defined in section 2002 of this title). When 
a transfer is made to a grant and per diem provider for less than fair 
     market value, the Secretary shall require in the terms of the 
  conveyance that if the property transferred is used for any purpose 
other than a purpose under chapter 20 of this title, all right, title, 
and interest to the property shall revert to the United States. (2) The 
     Secretary may exercise the authority provided by this section 
notwithstanding sections 521, 522, and 541 through 545 of title 40. Any 
such transfer shall be in accordance with this section and section 8122 
 of this title. (3) The authority provided by this section may not be 
  used in a case to which section 8164 of this title applies. (4) The 
  Secretary may enter into partnerships or agreements with public or 
 private entities dedicated to historic preservation to facilitate the 
    transfer, leasing, or adaptive use of structures or properties 
 specified in subsection (b)(3)(D). (5) The authority of the Secretary 
 under paragraph (1) expires on the date that is seven years after the 
 date of the enactment of this section. (b)(1) There is established in 
 the Treasury of the United States a revolving fund to be known as the 
Department of Veterans Affairs Capital Asset Fund (hereinafter in this 
section referred to as the Fund). Amounts 
 in the Fund shall remain available until expended. (2) Proceeds from 
  the transfer of real property under this section shall be deposited 
into the Fund. (3) To the extent provided in advance in appropriations 
 Acts, amounts in the Fund may be expended for the following purposes: 
  (A) Costs associated with the transfer of real property under this 
  section, including costs of demolition, environmental remediation, 
 maintenance and repair, improvements to facilitate the transfer, and 
   administrative expenses. (B) Costs, including costs specified in 
 subparagraph (A), associated with future transfers of property under 
this section. (C) Costs associated with enhancing medical care services 
     to veterans by improving, renovating, replacing, updating, or 
 establishing patient care facilities through construction projects to 
    be carried out for an amount less than the amount specified in 
    8104(a)(3)(A) for a major medical facility project. (D) Costs, 
  including costs specified in subparagraph (A), associated with the 
transfer, lease, or adaptive use of a structure or other property under 
   the jurisdiction of the Secretary that is listed on the National 
  Register of Historic Places. (c) The Secretary shall include in the 
  budget justification materials submitted to Congress for any fiscal 
year in support of the Presidents budget for that fiscal year 
    for the Department specification of the following: (1) The real 
  property transfers to be undertaken in accordance with this section 
during that fiscal year. (2) All transfers completed under this section 
  during the preceding fiscal year and completed and scheduled to be 
completed during the fiscal year during which the budget is submitted. 
    (3) The deposits into, and expenditures from, the Fund that are 
   incurred or projected for each of the preceding fiscal year, the 
current fiscal year, and the fiscal year covered by the budget. (Added 
 Pub. L. 108422, title IV, Sec. 411(a)(1), Nov. 30, 2004, 118 
  Stat. 2388.) ' 8119. Annual report on outpatient clinics (a) ANNUAL 
 REPORT REQUIRED.The Secretary shall submit to the committees an 
     annual report on community-based outpatient clinics and other 
  outpatient clinics of the Department. The report shall be submitted 
  each year not later than the date on which the budget for the next 
 fiscal year is submitted to the Congress under section 1105 of title 
 31. (b) CONTENTS OF REPORT.Each report required under subsection 
  (a) shall include the following: (1) A list of each community-based 
 outpatient clinic and other outpatient clinic of the Department, and 
  for each such clinic, the type of clinic, location, size, number of 
  health professionals employed by the clinic, workload, whether the 
clinic is leased or constructed and operated by the Secretary, and the 
  annual cost of operating the clinic. (2) A list of community-based 
  outpatient clinics and other outpatient clinics that the Secretary 
 opened during the fiscal year preceding the fiscal year during which 
 the report is submitted and a list of clinics the Secretary proposes 
opening during the fiscal year during which the report is submitted and 
 the subsequent fiscal year, together with the cost of activating each 
such clinic and the information required to be provided under paragraph 
 (1) for each such clinic and proposed clinic. (3) A list of proposed 
 community-based outpatient clinics and other outpatient clinics that 
 are, as of the date of the submission of the report, under review by 
 the National Review Panel and a list of possible locations for future 
   clinics identified in the Departments strategic planning 
 process, including any identified locations in rural and underserved 
   areas. (4) A prioritized list of sites of care identified by the 
   Secretary that the Secretary could establish without carrying out 
  construction or entering into a lease, including (A) any such 
 sites that could be expanded by hiring additional staff or allocating 
 staff to Federal facilities or facilities operating in collaboration 
with the Federal Government; and (B) any sites established, or able to 
be established, under sections 8111 and 8153 of this title. (Added Pub. 
 L. 110387, title VII, Sec. 708(a), Oct. 10, 2008, 122 Stat. 
   4139.) SUBCHAPTER IIPROCUREMENT AND SUPPLY ' 8121. Revolving 
supply fund (a) The revolving supply fund established for the operation 
   and maintenance of a supply system for the Department (including 
   procurement of supplies, equipment, and personal services and the 
  repair and reclamation of used, spent, or excess personal property) 
  shall be (1) available without fiscal year limitations for all 
  expenses necessary for the operation and maintenance of such supply 
    system; (2) reimbursed from appropriations for the cost of all 
services, equipment, and supplies furnished, at rates determined by the 
Secretary on the basis of estimated or actual direct cost (which may be 
 based on the cost of recent significant purchases of the equipment or 
supply item involved) and indirect cost; and (3) credited with advances 
from appropriations for activities to which services or supplies are to 
 be furnished, and all other receipts resulting from the operation of 
  the fund, including property returned to the supply system when no 
   longer required by activities to which it had been furnished, the 
 proceeds of disposal of scrap, excess or surplus personal property of 
 the fund, and receipts from carriers and others for loss of or damage 
to personal property. (b) The Secretary may authorize the Secretary of 
   Defense to make purchases through the fund in the same manner as 
activities of the Department. When services, equipment, or supplies are 
      furnished to the Secretary of Defense through the fund, the 
reimbursement required by paragraph (2) of subsection (a) shall be made 
    from appropriations made to the Department of Defense, and when 
services or supplies are to be furnished to the Department of Defense, 
 the fund may be credited, as provided in paragraph (3) of subsection 
 (a), with advances from appropriations available to the Department of 
  Defense. (c) At the end of each fiscal year, there shall be covered 
 into the Treasury of the United States as miscellaneous receipts such 
amounts as the Secretary determines to be in excess of the requirements 
necessary for the maintenance of adequate inventory levels and for the 
  effective financial management of the revolving supply fund. (d) An 
  adequate system of accounts for the fund shall be maintained on the 
  accrual method, and financial reports prepared on the basis of such 
    accounts. An annual business type budget shall be prepared for 
     operations under the fund. (e) The Secretary is authorized to 
    capitalize, at fair and reasonable values as determined by the 
Secretary, all supplies and materials and depot stocks of equipment on 
  hand or on order. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
  1253, Sec. 5011; amended Pub. L. 87314, Sept. 26, 1961, 75 
 Stat. 675; Pub. L. 94581, title II, Sec. 210(e)(6), Oct. 21, 
1976, 90 Stat. 2865; renumbered Sec. 5021, Pub. L. 9622, title 
       III, Sec. 301(b)(1), June 13, 1979, 93 Stat. 61; Pub. L. 
 96330, title IV, Sec. 402(a), Aug. 26, 1980, 94 Stat. 1051; 
renumbered Sec. 8121, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 
       (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
108170, title IV, Sec. 403(a), Dec. 6, 2003, 117 Stat. 2062.) 
 ' 8122. Authority to procure and dispose of property and to negotiate 
   for common services (a)(1) The Secretary may lease for a term not 
exceeding three years lands or buildings, or parts or parcels thereof, 
   belonging to the United States and under the Secretarys 
 control. Any lease made pursuant to this subsection to any public or 
nonprofit organization may be made without regard to the provisions of 
  section 6101(b) to (d) of title 41. Notwithstanding section 1302 of 
title 40, or any other provision of law, a lease made pursuant to this 
subsection to any public or nonprofit organization may provide for the 
    maintenance, protection, ore restoration, by the lessee, of the 
 property leased, as a part or all of the consideration for the lease. 
  Prior to the execution of any such lease, the Secretary shall give 
appropriate public notice of the Secretarys intention to do so 
in the newspaper of the community in which the lands or buildings to be 
 leased are located. The proceeds from such leases, less expenses for 
   maintenance, operation, and repair of buildings leased for living 
 quarters, shall be covered into the Treasury of the United States as 
 miscellaneous receipts. (2) Except as provided in paragraph (3), the 
    Secretary may not during any fiscal year transfer to any other 
 department or agency of the United States or to any other entity real 
  property that is owned by the United States and administered by the 
   Secretary unless the proposed transfer is described in the budget 
  submitted to Congress pursuant to section 1105 of title 31 for that 
fiscal year. (3)(A) Subject to subparagraph (B) of this paragraph, the 
 Secretary may, without regard to paragraph (2) of this subsection or 
any other provision of law relating to the disposition of real property 
  by the United States, transfer to a State for use as the site of a 
 State nursing-home or domiciliary facility real property described in 
subparagraph (E) of this paragraph which the Secretary determines to be 
excess to the needs of the Department. (B) A transfer of real property 
may not be made under this paragraph unless (i) the Secretary has 
determined that the State has provided sufficient assurance that it has 
 the resources (including any resources which are reasonably likely to 
 be available to the State under subchapter III of chapter 81 of this 
   title and section 1741 of this title) necessary to construct and 
operate a State home nursing or domiciliary care facility; and (ii) the 
  transfer is made subject to the conditions (I) that the property be 
 used by the State for a nursing-home or domiciliary care facility in 
accordance with the conditions and limitations applicable to State home 
facilities constructed with assistance under subchapter III of chapter 
 81 of this title, and (II) that, if the property is used at any time 
  for any other purpose, all right, title, and interest in and to the 
  property shall revert to the United States. (C) A transfer of real 
   property may not be made under this paragraph until (i) the 
Secretary submits to the Committees on Veterans Affairs of the 
Senate and House of Representatives, not later than June 1 of the year 
  in which the transfer is proposed to be made (or the year preceding 
  that year), a report providing notice of the proposed transfer; and 
   (ii) a period of 90 consecutive days elapses after the report is 
received by those committees. (D) A transfer under this paragraph shall 
  be made under such additional terms and conditions as the Secretary 
 considers appropriate to protect the interests of the United States. 
(E) Real property described in this subparagraph is real property that 
 is owned by the United States and administered by the Secretary. (b) 
 The Secretary may, for the purpose of extending benefits to veterans 
   and dependents, and to the extent the Secretary deems necessary, 
   procure the necessary space for administrative purposes by lease, 
     purchase, or construction of buildings, or by condemnation or 
 declaration of taking, pursuant to law. (c) The Secretary may procure 
laundry services, and other common services as specifically approved by 
   the Secretary from nonprofit, tax-exempt educational, medical or 
 community institutions, without regard to the requirements of section 
302(c) of the Federal Property and Administrative Services Act of 1949, 
 as amended, whenever such services are not reasonably available from 
    private commercial sources. Notwithstanding this exclusion, the 
    provisions of sections 3901 and 3905 of title 41 shall apply to 
 procurement authorized by this subsection. (d)(1) Real property under 
  the jurisdiction of the Secretary may not be declared excess by the 
Secretary and disposed of by the General Services Administration or any 
other entity of the Federal Government unless the Secretary determines 
that the property is no longer needed by the Department in carrying out 
its functions and is not suitable for use for the provision of services 
 to homeless veterans by the Department or by another entity under an 
 enhanced-use lease of such property under section 8162 of this title. 
  (2) The Secretary may transfer real property under this section, or 
 under section 8118 of this title, if the Secretary (A) places a 
   notice in the real estate section of local newspapers and in the 
  Federal Register of the Secretarys intent to transfer that 
  real property (including land, structures, and equipment associated 
with the property); (B) holds a public hearing; (C) provides notice to 
   the Administrator of General Services of the Secretarys 
   intention to transfer that real property and waits for 30 days to 
 elapse after providing that notice; and (D) after such 30-day period 
   has elapsed, notifies the congressional veterans affairs 
   committees of the Secretarys intention to dispose of the 
property and waits for 60 days to elapse from the date of that notice. 
   (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1253, Sec. 5012; 
  amended Pub. L. 89785, title II, Sec. 202(a), (b), Nov. 7, 
  1966, 80 Stat. 1373; Pub. L. 9382, title III, Sec. 302(2), 
  Aug. 2, 1973, 87 Stat. 195; Pub. L. 94581, title II, Sec. 
   210(e)(7), Oct. 21, 1976, 90 Stat. 2865; renumbered Sec. 5022 and 
 amended Pub. L. 9622, title III, Sec. 301(b), June 13, 1979, 
 93 Stat. 61; Pub. L. 96330, title IV, Sec. 403(a), Aug. 26, 
1980, 94 Stat. 1052; Pub. L. 97295, Sec. 4(91), Oct. 12, 1982, 
  96 Stat. 1313; Pub. L. 98160, title IV, Sec. 401, Nov. 21, 
1983, 97 Stat. 1004; Pub. L. 100322, title IV, Sec. 421(a)(1), 
May 20, 1988, 102 Stat. 552; Pub. L. 100687, div. B, title XV, 
  Sec. 1505, Nov. 18, 1988, 102 Stat. 4135; renumbered Sec. 8122 and 
 amended Pub. L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 
  7, 1991, 105 Stat. 238, 239; Pub. L. 10254, Sec. 14(f)(5), 
  June 13, 1991, 105 Stat. 288; Pub. L. 10283, Sec. 4(a)(1), 
      (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
403406; Pub. L. 10795, Sec. 10(a), Dec. 21, 2001, 115 
 Stat. 920; Pub. L. 107217, Sec. 3(j)(3), Aug. 21, 2002, 116 
  Stat. 1300; Pub. L. 108422, title IV, Sec. 411(e)(1), (2), 
 Nov. 30, 2004, 118 Stat. 2389; Pub. L. 111350, Sec. 5(j)(6), 
   Jan. 4, 2011, 124 Stat. 3850.) ' 8123. Procurement of prosthetic 
    appliances The Secretary may procure prosthetic appliances and 
necessary services required in the fitting, supplying, and training and 
use of prosthetic appliances by purchase, manufacture, contract, or in 
such other manner as the Secretary may determine to be proper, without 
regard to any other provision of law. (Pub. L. 85857, Sept. 2, 
 1958, 72 Stat. 1254, Sec. 5013; amended Pub. L. 94581, title 
II, Sec. 210(e)(8), Oct. 21, 1976, 90 Stat. 2865; renumbered Sec. 5023, 
  Pub. L. 9622, title III, Sec. 301(b)(1), June 13, 1979, 93 
Stat. 61; renumbered Sec. 8123, Pub. L. 10240, title IV, Sec. 
 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102 83, Sec. 
 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 8124. Grant of 
    easements in Government-owned lands The Secretary, whenever the 
 Secretary deems it advantageous to the Government and upon such terms 
and conditions as the Secretary deems advisable, may grant on behalf of 
the United States to any State, or any agency or political subdivision 
 thereof, or to any public-service company, easements in and rights-of-
   way over lands belonging to the United States which are under the 
Secretarys supervision and control. Such grant may include the 
   use of such easements or rights-of-way by public utilities to the 
extent authorized and under the conditions imposed by the laws of such 
State relating to use of public highways. Such partial, concurrent, or 
  exclusive jurisdiction over the areas covered by such easements or 
rights-of-way, as the Secretary deems necessary or desirable, is hereby 
  ceded to the State in which the land is located. The Secretary may 
accept or secure on behalf of the United States from the State in which 
  is situated any land conveyed in exchange for any such easement or 
right-of-way, such jurisdiction as the Secretary may deem necessary or 
desirable over the land so acquired. Any such easement or right-of-way 
  shall be terminated upon abandonment or nonuse of the same and all 
right, title, and interest in the land covered thereby shall thereupon 
 revert to the United States or its assignee. (Pub. L. 85857, 
       Sept. 2, 1958, 72 Stat. 1254, Sec. 5014; amended Pub. L. 
94581, title II, Sec. 210(e)(9), Oct. 21, 1976, 90 Stat. 2865; 
renumbered Sec. 5024, Pub. L. 9622, title III, Sec. 301(b)(1), 
       June 13, 1979, 93 Stat. 61; renumbered Sec. 8124, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
Pub. L. 102 83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
   404, 405.) ' 8125. Procurement of health-care items (a) Except as 
provided in subsections (b) and (c) of this section, the Secretary may 
 not procure health-care items under local contracts. (b)(1) A health-
   care item for use by the Department may be procured under a local 
contract if (A) the procurement is within the limits prescribed in 
paragraph (3) of this subsection; and (B)(i) the item is not otherwise 
available to the Department medical center concerned, (ii) procurement 
    of the item by a local contract is necessary for the effective 
  furnishing of health-care services or the conduct of a research or 
education program at a Department medical center, as determined by the 
 director of the center in accordance with regulations which the Under 
  Secretary for Health shall prescribe, or (iii) procurement under a 
local contract is demonstrably more cost-effective for the item. (2) In 
  the case of the need for an emergency procurement of a health-care 
item, such item may be procured under a local contract, but no greater 
   quantity of such item may be procured by a local contract than is 
  reasonably necessary to meet the emergency need and the reasonably 
  foreseeable need for the item at the medical center concerned until 
    resupply can be achieved through procurement actions other than 
 emergency procurement. (3)(A) Except as provided in subparagraphs (C) 
and (D) of this paragraph, not more than 20 percent of the total of all 
    health-care items procured by the Department in any fiscal year 
(measured as a percent of the total cost of all such health-care items 
 procured by the Department in that fiscal year) may be procured under 
local contracts. (B) Local contracts for the procurement of health-care 
  items shall, to the maximum extent feasible, be awarded to regular 
dealers or manufacturers engaged in the wholesale supply of such items. 
    (C) The Secretary may increase for a fiscal year the percentage 
   specified in subparagraph (A) of this section to a percentage not 
 greater than 30 percent if the Secretary, based on the experience of 
the Department during the two fiscal years preceding such fiscal year, 
    determines that the increase and the amount of the increase are 
 necessary in the interest of the effective furnishing of health-care 
 services by the Department. The authority to increase such percentage 
     may not be delegated. (D) Items procured through an emergency 
procurement shall not be counted for the purpose of this paragraph. (c) 
 A provision of law that is inconsistent with subsection (a) or (b) of 
 this section shall not apply, to the extent of the inconsistency, to 
the procurement of a health-care item for use by the Department. (d)(1) 
Not later than December 1 of each year, the director of each Department 
 medical center shall transmit to the Secretary a report containing a 
list indicating the quantity of each health-care item procured at that 
medical center under a local contract during the preceding fiscal year 
 and the total amount paid for such item during such fiscal year. (2) 
 Not later than February 1 of each year, the Secretary shall submit to 
the Committees on Veterans Affairs of the Senate and the House 
  of Representatives a report on the experience in carrying out this 
section during the preceding fiscal year. (e) For the purposes of this 
 section: (1) The term health-care item 
includes any item listed in, or (as determined by the Secretary) of the 
 same nature as an item listed in, Federal Supply Classification (FSC) 
Group 65 or 66. Effective December 1, 1992, such term also includes any 
item listed in, or (as determined by the Secretary) of the same nature 
  as an item listed in, Federal Supply Classification (FSC) Group 73. 
       Such term does not include perishable items. (2) The term 
 local contract means a contract entered 
into by a Department medical center for procurement of an item for use 
      by that medical center. (3) The term emergency 
procurement means a procurement necessary to meet an 
   emergency need, affecting the health or safety of a person being 
 furnished health-care services by the Department, for an item. (Added 
 Pub. L. 100322, title IV, Sec. 403(a)(1), May 20, 1988, 102 
 Stat. 543, Sec. 5025; amended Pub. L. 100687, div. B, title 
XV, Sec. 1507(b), (c), Nov. 18, 1988, 102 Stat. 4136, 4137; renumbered 
  Sec. 8125, Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 
1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
  (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102405, 
   title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 
  10714, Sec. 8(a)(15), June 5, 2001, 115 Stat. 35.) ' 8126. 
Limitation on prices of drugs procured by Department and certain other 
  Federal agencies (a) Each manufacturer of covered drugs shall enter 
    into a master agreement with the Secretary under which (1) 
 beginning January 1, 1993, the manufacturer shall make available for 
  procurement on the Federal Supply Schedule of the General Services 
Administration each covered drug of the manufacturer; (2) with respect 
 to each covered drug of the manufacturer procured by a Federal agency 
   described in subsection (b) on or after January 1, 1993, that is 
  purchased under depot contracting systems or listed on the Federal 
Supply Schedule, the manufacturer has entered into and has in effect a 
  pharmaceutical pricing agreement with the Secretary (or the Federal 
 agency involved, if the Secretary delegates to the Federal agency the 
authority to enter into such a pharmaceutical pricing agreement) under 
  which the price charged during the one-year period beginning on the 
 date on which the agreement takes effect may not exceed 76 percent of 
  the non-Federal average manufacturer price (less the amount of any 
additional discount required under subsection (c)) during the one-year 
period ending one month before such date (or, in the case of a covered 
drug for which sufficient data for determining the non-Federal average 
 manufacturer price during such period are not available, during such 
period as the Secretary considers appropriate), except that such price 
may nominally exceed such amount if found by the Secretary to be in the 
  best interests of the Department or such Federal agencies; (3) with 
 respect to each covered drug of the manufacturer procured by a State 
   home receiving funds under section 1741 of this title, the price 
   charged may not exceed the price charged under the Federal Supply 
     Schedule at the time the drug is procured; and (4) unless the 
 manufacturer meets the requirements of paragraphs (1), (2), and (3), 
 the manufacturer may not receive payment for the purchase of drugs or 
 biologicals from (A) a State plan under title XIX of the Social 
  Security Act, except as authorized under section 1927(a)(3) of such 
  Act, (B) any Federal agency described in subsection (b), or (C) any 
entity that receives funds under the Public Health Service Act. (b) The 
 Federal agencies described in this subsection are as follows: (1) The 
   Department. (2) The Department of Defense. (3) The Public Health 
Service, including the Indian Health Service. (4) The Coast Guard. (c) 
 With respect to any covered drug the price of which is determined in 
    accordance with a pharmaceutical pricing agreement entered into 
 pursuant to subsection (a)(2), beginning on or after January 1, 1993, 
  the manufacturer shall provide a discount in an amount equal to the 
  amount by which the change in non-Federal price exceeds the amount 
  equal to (1) the non-Federal average manufacturer price of the 
 drug during the 3-month period that ends one year before the last day 
  of the month preceding the month during which the contract for the 
 covered drug goes into effect (or, in the case of a covered drug for 
     which sufficient data for determining the non-Federal average 
  manufacturer price during such period is not available, during such 
 period as the Secretary considers appropriate); multiplied by (2) the 
percentage increase in the Consumer Price Index for all urban consumers 
 (U.S. city average) between the last month of the period described in 
 paragraph (1) and the last month preceding the month during which the 
   contract goes into effect for which Consumer Price Index data is 
available. (d) In the case of a covered drug of a manufacturer that has 
entered into a multi-year contract with the Secretary under subsection 
  (a)(2) for the procurement of the drug (1) during any one-year 
period that follows the first year for which the contract is in effect, 
  the contract price charged for the drug may not exceed the contract 
 price charged during the preceding one-year period, increased by the 
percentage increase in the Consumer Price Index for all urban consumers 
  (U.S. city average) during the 12-month period ending with the last 
month of such preceding one-year period for which Consumer Price Index 
data is available; and (2) in applying subsection (c) to determine the 
amount of the discount provided with respect to the drug during a year 
 that follows the first year for which the contract is in effect, any 
reference in such subsection to the month during which the 
   contract goes into effect shall be considered a 
    reference to the first month of such following year. (e)(1) The 
 manufacturer of any covered drug the price of which is determined in 
    accordance with a pharmaceutical pricing agreement entered into 
  pursuant to subsection (a)(2) shall (A) not later than 30 days 
    after the first day of the last quarter that begins before the 
  agreement takes effect (or, in the case of an agreement that takes 
effect on January 1, 1993, not later than December 4, 1992), report to 
 the Secretary the non-Federal average manufacturer price for the drug 
 during the one-year period that ends on the last day of the previous 
  quarter; and (B) not later than 30 days after the last day of each 
 quarter for which the agreement is in effect, report to the Secretary 
  the non-Federal average manufacturer price for the drug during such 
  quarter. (2) The provisions of subparagraphs (B) and (C) of section 
1927(b)(3) of the Social Security Act shall apply to drugs described in 
 paragraph (1) and the Secretary in the same manner as such provisions 
apply to covered outpatient drugs and the Secretary of Health and Human 
   Services under such subparagraphs, except that references in such 
   subparagraphs to prices or information reported or required under 
subparagraph (A) shall be deemed to refer 
to information reported under paragraph (1). (3) In order to determine 
 the accuracy of a drug price that is reported to the Secretary under 
  paragraph (1), the Secretary may audit the relevant records of the 
 manufacturer or of any wholesaler that distributes the drug, and may 
delegate the authority to audit such records to the appropriate Federal 
agency described in subsection (b). (4) Any information contained in a 
 report submitted to the Secretary under paragraph (1) or obtained by 
  the Secretary through any audit conducted under paragraph (3) shall 
 remain confidential, except as the Secretary determines necessary to 
 carry out this section and to permit the Comptroller General and the 
 Director of the Congressional Budget Office to review the information 
provided. (f) The Secretary shall supply to the Secretary of Health and 
Human Services (1) upon the execution or termination of any master 
agreement, the name of the manufacturer, and (2) on a quarterly basis, 
 a list of manufacturers who have entered into master agreements under 
 this section. (g)(1) Any reference in this section to a provision of 
   the Social Security Act shall be deemed to be a reference to the 
   provision as in effect on November 4, 1992. (2) A manufacturer is 
 deemed to meet the requirements of subsection (a) if the manufacturer 
establishes to the satisfaction of the Secretary that the manufacturer 
 would comply (and has offered to comply) with the provisions of this 
section (as in effect immediately after the enactment of this section), 
 and would have entered into an agreement under this section (as such 
 section was in effect at such time), but for a legislative change in 
this section after November 4, 1992. (h) In this section: (1) The term 
 change in non-Federal price means, with 
 respect to a covered drug that is subject to an agreement under this 
     section, an amount equal to (A) the non-Federal average 
manufacturer price of the drug during the 3-month period that ends with 
the month preceding the month during which a contract goes into effect 
   (or, in the case of a covered drug for which sufficient data for 
  determining the non-Federal average manufacturer price during such 
period is not available, during such period as the Secretary considers 
 appropriate); minus (B) the non-Federal average manufacturer price of 
the drug during the 3-month period that ends one year before the end of 
the period described in subparagraph (A) (or, in the case of a covered 
drug for which sufficient data for determining the non-Federal average 
  manufacturer price during such period is not available, during such 
   period preceding the period described in subparagraph (A) as the 
  Secretary considers appropriate). (2) The term covered 
   drug means (A) a drug described in section 
    1927(k)(7)(A)(ii) of the Social Security Act, or that would be 
described in such section but for the application of the first sentence 
  of section 1927(k)(3) of such Act; (B) a drug described in section 
    1927(k)(7)(A)(iv) of the Social Security Act, or that would be 
described in such section but for the application of the first sentence 
   of section 1927(k)(3) of such Act; or (C) any biological product 
      identified under section 600.3 of title 21, Code of Federal 
 Regulations. (3) The term depot means a 
  centralized commodity management system through which covered drugs 
procured by an agency of the Federal Government are (A) received, 
 stored, and delivered through (i) a federally owned and operated 
warehouse system, or (ii) a commercial entity operating under contract 
with such agency; or (B) delivered directly from the commercial source 
         to the entity using such covered drugs. (4) The term 
 manufacturer means any entity which is 
     engaged in (A) the production, preparation, propagation, 
 compounding, conversion, or processing of prescription drug products, 
either directly or indirectly by extraction from substances of natural 
   origin, or independently by means of chemical synthesis, or by a 
    combination of extraction and chemical synthesis, or (B) in the 
   packaging, repackaging, labeling, relabeling, or distribution of 
  prescription drug products. Such term does not include a wholesale 
distributor of drugs or a retail pharmacy licensed under State law. (5) 
         The term non-Federal average manufacturer 
  price means, with respect to a covered drug and a 
 period of time (as determined by the Secretary), the weighted average 
  price of a single form and dosage unit of the drug that is paid by 
   wholesalers in the United States to the manufacturer, taking into 
  account any cash discounts or similar price reductions during that 
  period, but not taking into account (A) any prices paid by the 
  Federal Government; or (B) any prices found by the Secretary to be 
  merely nominal in amount. (6) The term weighted average 
  price means, with respect to a covered drug and a 
period of time (as determined by the Secretary) an amount equal to 
 (A) the sum of the products of the average price per package unit of 
  each quantity of the drug sold during the period and the number of 
 package units of the drug sold during the period; divided by (B) the 
   total number of package units of the drug sold during the period. 
  (i)(1) If the Secretary modifies a multi-year contract described in 
 subsection (d) to include a covered drug of the manufacturer that was 
not available for inclusion under the contract at the time the contract 
went into effect, the price of the drug shall be determined as follows: 
(A) For the portion of the first contract year during which the drug is 
 so included, the price of the drug shall be determined in accordance 
with subsection (a)(2), except that the reference in such subsection to 
  the one-year period beginning on the date the agreement 
takes effect shall be considered a reference to such 
  portion of the first contract year. (B) For any subsequent contract 
  year, the price of the drug shall be determined in accordance with 
   subsection (d), except that each reference in such subsection to 
        the first year for which the contract is in 
effect shall be considered a reference to the portion 
of the first contract year during which the drug is included under the 
    contract. (2) In this subsection, the term contract 
year means any one-year period for which a multi-year 
   contract described in subsection (d) is in effect. (Added Pub. L. 
  102585, title VI, Sec. 603(a)(1), Nov. 4, 1992, 106 Stat. 
  4971; amended Pub. L. 10318, Sec. 1(a), Apr. 12, 1993, 107 
Stat. 53; Pub. L. 103446, title XII, Sec. 1201(e)(27), (f)(6), 
 Nov. 2, 1994, 108 Stat. 4686, 4687; Pub. L. 104 106, div. A, 
     title VII, Sec. 737(a), Feb. 10, 1996, 110 Stat. 383; Pub. L. 
 105115, title I, Sec. 125(b)(2)(E), Nov. 21, 1997, 111 Stat. 
    2325.) ' 8127. Small business concerns owned and controlled by 
      veterans: contracting goals and preferences (a) CONTRACTING 
GOALS.(1) In order to increase contracting opportunities for small 
 business concerns owned and controlled by veterans and small business 
   concerns owned and controlled by veterans with service-connected 
 disabilities, the Secretary shall (A) establish a goal for each 
   fiscal year for participation in Department contracts (including 
   subcontracts) by small business concerns owned and controlled by 
 veterans who are not veterans with service-connected disabilities in 
accordance with paragraph (2); and (B) establish a goal for each fiscal 
year for participation in Department contracts (including subcontracts) 
   by small business concerns owned and controlled by veterans with 
 service-connected disabilities in accordance with paragraph (3). (2) 
  The goal for a fiscal year for participation under paragraph (1)(A) 
 shall be determined by the Secretary. (3) The goal for a fiscal year 
  for participation under paragraph (1)(B) shall be not less than the 
 Government-wide goal for that fiscal year for participation by small 
    business concerns owned and controlled by veterans with service-
connected disabilities under section 15(g)(1) of the Small Business Act 
   (15 U.S.C. 644(g)(1)). (4) The Secretary shall establish a review 
mechanism to ensure that, in the case of a subcontract of a Department 
  contract that is counted for purposes of meeting a goal established 
  pursuant to this section, the subcontract was actually awarded to a 
business concern that may be counted for purposes of meeting that goal. 
        (b) USE OF NONCOMPETITIVE PROCEDURES FOR CERTAIN SMALL 
CONTRACTS.For purposes of meeting the goals under subsection (a), 
and in accordance with this section, in entering into a contract with a 
 small business concern owned and controlled by veterans for an amount 
 less than the simplified acquisition threshold (as defined in section 
   134 of title 41), a contracting officer of the Department may use 
procedures other than competitive procedures. (c) SOLE SOURCE CONTRACTS 
FOR CONTRACTS ABOVE SIMPLIFIED ACQUISITION THRESHOLD.For purposes 
of meeting the goals under subsection (a), and in accordance with this 
 section, a contracting officer of the Department may award a contract 
  to a small business concern owned and controlled by veterans using 
 procedures other than competitive procedures if (1) such concern 
is determined to be a responsible source with respect to performance of 
   such contract opportunity; (2) the anticipated award price of the 
  contract (including options) will exceed the simplified acquisition 
 threshold (as defined in section 134 of title 41) but will not exceed 
 $5,000,000; and (3) in the estimation of the contracting officer, the 
 contract award can be made at a fair and reasonable price that offers 
        best value to the United States. (d) USE OF RESTRICTED 
  COMPETITION.Except as provided in subsections (b) and (c), for 
 purposes of meeting the goals under subsection (a), and in accordance 
with this section, a contracting officer of the Department shall award 
  contracts on the basis of competition restricted to small business 
 concerns owned and controlled by veterans if the contracting officer 
 has a reasonable expectation that two or more small business concerns 
owned and controlled by veterans will submit offers and that the award 
 can be made at a fair and reasonable price that offers best value to 
 the United States. (e) ELIGIBILITY OF SMALL BUSINESS CONCERNS.A 
  small business concern may be awarded a contract under this section 
 only if the small business concern and the veteran owner of the small 
business concern are listed in the database of veteran-owned businesses 
   maintained by the Secretary under subsection (f). (f) DATABASE OF 
  VETERAN-OWNED BUSINESSES.(1) Subject to paragraphs (2) through 
(6), the Secretary shall maintain a database of small business concerns 
    owned and controlled by veterans and the veteran owners of such 
business concerns. (2)(A) To be eligible for inclusion in the database, 
 such a veteran shall submit to the Secretary such information as the 
Secretary may require with respect to the small business concern or the 
  veteran. Application for inclusion in the database shall constitute 
 permission under section 552a of title 5 (commonly referred to as the 
  Privacy Act) for the Secretary to access such personal information 
     maintained by the Secretary as may be necessary to verify the 
information contained in the application. (B) If the Secretary receives 
 an application for inclusion in the database from an individual whose 
 status as a veteran cannot be verified because the Secretary does not 
    maintain information with respect to the veteran status of the 
 individual, the Secretary may not include the small business concern 
 owned and controlled by the individual in the database maintained by 
 the Secretary until the Secretary receives such information as may be 
 necessary to verify that the individual is a veteran. (3) Information 
 maintained in the database shall be submitted on a voluntary basis by 
   such veterans. (4) No small business concern may be listed in the 
   database until the Secretary has verified that (A) the small 
 business concern is owned and controlled by veterans; and (B) in the 
  case of a small business concern for which the person who owns and 
  controls the concern indicates that the person is a veteran with a 
   service-connected disability, that the person is a veteran with a 
service-connected disability. (5) The Secretary shall make the database 
available to all Federal departments and agencies and shall notify each 
such department and agency of the availability of the database. (6) If 
the Secretary determines that the public dissemination of certain types 
    of information maintained in the database is inappropriate, the 
Secretary shall take such steps as are necessary to maintain such types 
  of information in a secure and confidential manner. (g) ENFORCEMENT 
   PENALTIES FOR MISREPRESENTATION.Any business concern that is 
 determined by the Secretary to have misrepresented the status of that 
concern as a small business concern owned and controlled by veterans or 
 as a small business concern owned and controlled by service-disabled 
    veterans for purposes of this subsection shall be debarred from 
  contracting with the Department for a reasonable period of time, as 
determined by the Secretary. (h) TREATMENT OF BUSINESSES AFTER DEATH OF 
  VETERAN-OWNER.(1) Subject to paragraph (3), if the death of a 
  veteran causes a small business concern to be less than 51 percent 
owned by one or more veterans, the surviving spouse of such veteran who 
acquires ownership rights in such small business concern shall, for the 
   period described in paragraph (2), be treated as if the surviving 
 spouse were that veteran for the purpose of maintaining the status of 
   the small business concern as a small business concern owned and 
controlled by veterans. (2) The period referred to in paragraph (1) is 
 the period beginning on the date on which the veteran dies and ending 
   on the earliest of the following dates: (A) The date on which the 
surviving spouse remarries. (B) The date on which the surviving spouse 
 relinquishes an ownership interest in the small business concern. (C) 
  The date that is ten years after the date of the veterans 
   death. (3) Paragraph (1) only applies to a surviving spouse of a 
   veteran with a service-connected disability rated as 100 percent 
 disabling or who dies as a result of a service-connected disability. 
(i) PRIORITY FOR CONTRACTING PREFERENCES.Preferences for awarding 
contracts to small business concerns shall be applied in the following 
 order of priority: (1) Contracts awarded pursuant to subsection (b), 
(c), or (d) to small business concerns owned and controlled by veterans 
with service-connected disabilities. (2) Contracts awarded pursuant to 
   subsection (b), (c), or (d) to small business concerns owned and 
   controlled by veterans that are not covered by paragraph (1). (3) 
   Contracts awarded pursuant to (A) section 8(a) of the Small 
  Business Act (15 U.S.C. 637(a)); or (B) section 31 of such Act (15 
    U.S.C. 657a). (4) Contracts awarded pursuant to any other small 
 business contracting preference. (j) APPLICABILITY OF REQUIREMENTS TO 
  CONTRACTS.(1) If after December 31, 2008, the Secretary enters 
   into a contract, memorandum of understanding, agreement, or other 
arrangement with any governmental entity to acquire goods or services, 
the Secretary shall include in such contract, memorandum, agreement, or 
  other arrangement a requirement that the entity will comply, to the 
    maximum extent feasible, with the provisions of this section in 
acquiring such goods or services. (2) Nothing in this subsection shall 
be construed to supersede or otherwise affect the authorities provided 
   under the Small Business Act (15 U.S.C. 631 et seq.). (k) ANNUAL 
REPORTS.Not later than December 31 each year, the Secretary shall 
 submit to Congress a report on small business contracting during the 
  fiscal year ending in such year. Each report shall include, for the 
 fiscal year covered by such report, the following: (1) The percentage 
 of the total amount of all contracts awarded by the Department during 
that fiscal year that were awarded to small business concerns owned and 
 controlled by veterans. (2) The percentage of the total amount of all 
such contracts awarded to small business concerns owned and controlled 
by veterans with service-connected disabilities. (3) The percentage of 
the total amount of all contracts awarded by each Administration of the 
Department during that fiscal year that were awarded to small business 
 concerns owned and controlled by veterans. (4) The percentage of the 
   total amount of all contracts awarded by each such Administration 
 during that fiscal year that were awarded to small business concerns 
 owned and controlled by veterans with service-connected disabilities. 
 (l) DEFINITIONS.In this section: (1) The term small 
  business concern has the meaning given that term 
under section 3 of the Small Business Act (15 U.S.C. 632). (2) The term 
      small business concern owned and controlled by 
 veterans means a small business concern (A)(i) 
not less than 51 percent of which is owned by one or more veterans or, 
 in the case of a publicly owned business, not less than 51 percent of 
   the stock of which is owned by one or more veterans; and (ii) the 
management and daily business operations of which are controlled by one 
or more veterans; or (B) not less than 51 percent of which is owned by 
   one or more veterans with service-connected disabilities that are 
    permanent and total who are unable to manage the daily business 
    operations of such concern or, in the case of a publicly owned 
 business, not less than 51 percent of the stock of which is owned by 
  one or more such veterans. (Added Pub. L. 109461, title V, 
    Sec. 502(a)(1), Dec. 22, 2006, 120 Stat. 3431; amended Pub. L. 
 110389, title VIII, Sec. 806, Oct. 10, 2008, 122 Stat. 4189; 
 Pub. L. 111275, title I, Sec. 104(b)(1), Oct. 13, 2010, 124 
 Stat. 2867; Pub. L. 111350, Sec. 5(j)(7), Jan. 4, 2011, 124 
 Stat. 3850.) ' 8128. Small business concerns owned and controlled by 
    veterans: contracting priority (a) CONTRACTING PRIORITY.In 
procuring goods and services pursuant to a contracting preference under 
  this title or any other provision of law, the Secretary shall give 
priority to a small business concern owned and controlled by veterans, 
     if such business concern also meets the requirements of that 
   contracting preference. (b) DEFINITION.For purposes of this 
    section, the term small business concern owned and 
controlled by veterans means a small business concern 
   that is included in the small business database maintained by the 
     Secretary under section 8127(f) of this title. (Added Pub. L. 
  109461, title V, Sec. 503(a)(1), Dec. 22, 2006, 120 Stat. 
    3435.) SUBCHAPTER IIISTATE HOME FACILITIES FOR FURNISHING 
 DOMICILIARY, NURSING HOME, AND HOSPITAL CARE ' 8131. Definitions For 
the purpose of this subchapter (1) The veteran population of each 
State shall be determined on the basis of the latest figures certified 
              by the Department of Commerce. (2) The term 
State does not include any possession of 
                    the United States. (3) The term 
 construction means the construction of 
 new domiciliary or nursing home buildings, the expansion, remodeling, 
 or alteration of existing buildings for the provision of domiciliary, 
 nursing home, adult day health, or hospital care in State homes, and 
the provision of initial equipment for any such buildings. (4) The term 
  cost of construction means the amount 
  found by the Secretary to be necessary for a construction project, 
including architect fees, but excluding land acquisition costs. (Added 
 Pub. L. 88450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 501, Sec. 
 5031; amended Pub. L. 94581, title II, Sec. 206(b), Oct. 21, 
  1976, 90 Stat. 2859; Pub. L. 9562, Sec. 3(1), (2), July 5, 
  1977, 91 Stat. 262; Pub. L. 99576, title II, Sec. 224(d), 
      Oct.28, 1986, 100 Stat. 3263; renumbered Sec. 8131, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
 404, 405; Pub. L. 104262, title III, Sec. 342(b)(1), Oct. 9, 
 1996, 110 Stat. 3206.) ' 8132. Declaration of purpose The purpose of 
this subchapter is to assist the several States to construct State home 
     facilities (or to acquire facilities to be used as State home 
    facilities) for furnishing domiciliary or nursing home care to 
   veterans, and to expand, remodel, or alter existing buildings for 
  furnishing domiciliary, nursing home, adult day health, or hospital 
 care to veterans in State homes. (Added Pub. L. 88450, Sec. 
     4(a), Aug. 19, 1964, 78 Stat. 501, Sec. 5032; amended Pub. L. 
 94581, title II, Sec. 206(b), Oct. 21, 1976, 90 Stat. 2859; 
 Pub. L. 9562, Sec. 3(3), July 5, 1977, 91 Stat. 262; Pub. L. 
  98528, title I, Sec. 105(1), Oct. 19, 1984, 98 Stat. 2689; 
renumbered Sec. 8132, Pub. L. 10240, title IV, Sec. 402(b)(1), 
 May 7, 1991, 105 Stat. 238; Pub. L. 104262, title III, Sec. 
  342(b)(2), Oct. 9, 1996, 110 Stat. 3206.) ' 8133. Authorization of 
appropriations (a) There are hereby authorized to be appropriated such 
 sums as are necessary to carry out this subchapter. Sums appropriated 
  pursuant to this section shall be used for making grants to States 
     which have submitted, and have had approved by the Secretary, 
applications for carrying out the purposes and meeting the requirements 
of this subchapter. (b) Sums appropriated pursuant to subsection (a) of 
  this section shall remain available until expended. (Added Pub. L. 
  88450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 501, Sec. 5033; 
  amended Pub. L. 89311, Sec. 7(a), Oct. 31, 1965, 79 Stat. 
1157; Pub. L. 90432, Sec. 2, July 26, 1968, 82 Stat. 448; Pub. 
 L. 9382, title IV, Sec. 403(c), Aug. 2, 1973, 87 Stat. 196; 
 Pub. L. 9562, Sec. 3(4), July 5, 1977, 91 Stat. 262; Pub. L. 
  96151, title I, Sec. 101(a), Dec. 20, 1979, 93 Stat. 1092; 
 Pub. L. 97251, Sec. 8, Sept. 8, 1982, 96 Stat. 716; Pub. L. 
 99576, title II, Sec. 224(a), Oct. 28, 1986, 100 Stat. 3262; 
 Pub. L. 101110, Sec. 1(c), Oct. 6, 1989, 103 Stat. 682; Pub. 
  L. 101237, title II, Sec. 201(b), Dec. 18, 1989, 103 Stat. 
  2066; renumbered Sec. 8133, Pub. L. 10240, title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 
      4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
 102585, title IV, Sec. 402, Nov. 4, 1992, 106 Stat. 4954.) ' 
    8134. General regulations (a)(1) The Secretary shall prescribe 
     regulations for the purposes of this subchapter. (2) In those 
regulations, the Secretary shall prescribe for each State the number of 
   nursing home and domiciliary beds for which assistance under this 
    subchapter may be furnished. Such regulations shall be based on 
projected demand for such care 10 years after the date of the enactment 
of the Veterans Millennium Health Care and Benefits Act by veterans who 
at such time are 65 years of age or older and who reside in that State. 
  In determining such projected demand, the Secretary shall take into 
  account travel distances for veterans and their families. (3)(A) In 
 those regulations, the Secretary shall establish criteria under which 
   the Secretary shall determine, with respect to an application for 
      assistance under this subchapter for a project described in 
 subparagraph (B) which is from a State that has a need for additional 
  beds as determined under subsections (a)(2) and (d)(1), whether the 
 need for such beds is most aptly characterized as great, significant, 
 or limited. Such criteria shall take into account the availability of 
   beds already operated by the Secretary and other providers which 
appropriately serve the needs which the State proposes to meet with its 
     application. (B) This paragraph applies to a project for the 
construction or acquisition of a new State home facility, a project to 
 increase the number of beds available at a State home facility, and a 
  project to replace beds at a State home facility. (4) The Secretary 
  shall review and, as necessary, revise regulations prescribed under 
 paragraphs (2) and (3) not less often than every four years. (b) The 
  Secretary shall prescribe the following by regulation: (1) General 
    standards of construction, repair, and equipment for facilities 
constructed or acquired with assistance received under this subchapter. 
 (2) General standards for the furnishing of care in facilities which 
    are constructed or acquired with assistance received under this 
   subchapter, which standards shall be no less stringent than those 
 standards prescribed by the Secretary pursuant to section 1720(b) of 
     this title. (c) The Secretary may inspect any State facility 
constructed or acquired with assistance received under this subchapter 
  at such times as the Secretary deems necessary to insure that such 
facility meets the standards prescribed under subsection (b)(2). (d)(1) 
In prescribing regulations to carry out this subchapter, the Secretary 
 shall provide that in the case of a State that seeks assistance under 
 this subchapter for a project described in subsection (a)(3)(B), the 
determination of the unmet need for beds for State homes in that State 
  shall be reduced by the number of beds in all previous applications 
 submitted by that State under this sub-chapter, including beds which 
 have not been recognized by the Secretary under section 1741 of this 
    title. (2)(A) Financial assistance under this subchapter for a 
  renovation project may only be provided for a project for which the 
 total cost of construction is in excess of $400,000 (as adjusted from 
    time-to-time in such regulations to reflect changes in costs of 
construction). (B) For purposes of this paragraph, a renovation project 
is a project to remodel or alter existing buildings for which financial 
 assistance under this subchapter may be provided and does not include 
 maintenance and repair work which is the responsibility of the State. 
(Added Pub. L. 88450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 502, 
Sec. 5034; amended Pub. L. 89311, Sec. 7(b), Oct. 31, 1965, 79 
Stat. 1157; Pub. L. 9382, title IV, Sec. 403(d), Aug. 2, 1973, 
 87 Stat. 196; Pub. L. 94581, title I, Sec. 107(b), title II, 
Sec. 206(b), Oct. 21, 1976, 90 Stat. 2847, 2859; Pub. L. 9562, 
  Sec. 3(5), (6), July 5, 1977, 91 Stat. 262; Pub. L. 96330, 
       title IV, Sec. 404, Aug. 26, 1980, 94 Stat. 1052; Pub. L. 
  98528, title I, Sec. 105(2), Oct. 19, 1984, 98 Stat. 2689; 
renumbered Sec. 8134, Pub. L. 10240, title IV, Sec. 402(b)(1), 
  May 7, 1991, 105 Stat. 238; Pub. L. 102 54, Sec. 14(f)(6), 
  June 13, 1991, 105 Stat. 288; Pub. L. 10283, Sec. 4(b)(1), 
   (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 
106117, title II, Sec. 207(a), Nov. 30, 1999, 113 Stat. 1564.) 
 ' 8135. Applications with respect to projects; payments (a) Any State 
desiring to receive assistance for a project for construction of State 
  home facilities (or acquisition of a facility to be used as a State 
   home facility) must submit to the Secretary an application. Such 
application shall set forth the following: (1) The amount of the grant 
requested with respect to such project which may not exceed 65 percent 
  of the estimated cost of construction (or of the estimated cost of 
     facility acquisition and construction) of such project. (2) A 
description of the site for such project. (3) Plans and specifications 
   for such project in accordance with regulations prescribed by the 
Secretary pursuant to section 8134(a)(2) of this title. (4) Reasonable 
 assurance that upon completion of such project the facilities will be 
  used principally to furnish to veterans the level of care for which 
 such application is made and that not more than 25 percent of the bed 
    occupancy at any one time will consist of patients who are not 
receiving such level of care as veterans. (5) Reasonable assurance that 
  title to such site is or will be vested solely in the applicant, a 
  State home, or another agency or instrumentality of the State. (6) 
Reasonable assurance that adequate financial support will be available 
 for the construction of the project (or for facility acquisition and 
construction of the project) by July 1 of the fiscal year for which the 
  application is approved and for its maintenance and operation when 
   complete. (7) Reasonable assurance that the State will make such 
 reports in such form and containing such information as the Secretary 
may from time to time reasonably require, and give the Secretary, upon 
demand, access to the records upon which such information is based. (8) 
 Reasonable assurance that the rates of pay for laborers and mechanics 
   engaged in construction of the project will be not less than the 
     prevailing local wage rates for similar work as determined in 
accordance with sections 31413144, 3146, and 3147 of title 40. 
(9) In the case of a project for acquisition of a facility, reasonable 
assurance that the estimated total cost of acquisition of the facility 
   and of any expansion, remodeling, and alteration of the acquired 
facility will not be greater than the estimated cost of construction of 
    an equivalent new facility. (b)(1) Any State seeking to receive 
  assistance under this sub-chapter for a project that would involve 
   construction or acquisition of either nursing home or domiciliary 
facilities shall include with its application under subsection (a) the 
 following: (A) Documentation (i) that the site for the project is in 
 reasonable proximity to a sufficient concentration and population of 
 veterans who are 65 years of age and older, and (ii) that there is a 
reasonable basis to conclude that the facilities when complete will be 
   fully occupied. (B) A financial plan for the first three years of 
  operation of such facilities. (C) A five-year capital plan for the 
  State home program for that State. (2) Failure to provide adequate 
    documentation under paragraph (1)(A) or to provide an adequate 
financial plan under paragraph (1)(B) shall be a basis for disapproving 
the application. (c)(1) Upon receipt of an application under subsection 
(a) for financial assistance under this subchapter, the Secretary 
 (A) shall determine whether the application meets the requirements of 
 this section and of the regulations prescribed under section 8134 of 
   this title; (B) shall notify the State submitting the application 
  whether the application conforms with those requirements and, if it 
   does not, of the actions necessary to bring the application into 
   conformance with those requirements; and (C) shall determine the 
priority of the project described in the application in accordance with 
 the provisions of this subsection. (2) Subject to paragraphs (3) and 
   (5)(C) of this subsection, the Secretary shall accord priority to 
 applications in the following order: (A) An application from a State 
that has made sufficient funds available for the project for which the 
 grant is requested so that such project may proceed upon approval of 
  the grant without further action required by the State to make such 
funds available for such purpose. (B) An application from a State for a 
  project at an existing facility to remedy a condition or conditions 
 that have been cited by an accrediting institution, by the Secretary, 
    or by a local licensing or approving body of the State as being 
threatening to the lives or safety of the patients in the facility. (C) 
 An application from a State that has not previously applied for award 
 of a grant under this subchapter for construction or acquisition of a 
State nursing home. (D) An application for construction or acquisition 
   of a nursing home or domiciliary from a State that the Secretary 
determines, in accordance with regulations under this subchapter, has a 
great need for the beds to be established at such home or facility. (E) 
 An application from a State for renovations to a State home facility 
     other than renovations described in subparagraph (B). (F) An 
   application for construction or acquisition of a nursing home or 
 domiciliary from a State that the Secretary determines, in accordance 
with regulations under this subchapter, has a significant need for the 
  beds to be established at such home or facility. (G) An application 
 that meets other criteria as the Secretary determines appropriate and 
has established in regulations. (H) An application for construction or 
  acquisition of a nursing home or domiciliary from a State that the 
  Secretary determines, in accordance with regulations under this sub-
chapter, has a limited need for the beds to be established at such home 
 or facility. (3) In according priorities to projects under paragraph 
   (2) of this subsection, the Secretary (A) may not accord any 
    priority to a project for the construction or acquisition of a 
hospital; and (B) may not accord any priority to a project which would 
 expand a States capacity to furnish hospital care in a State 
  home. (4) The Secretary shall establish a list of approved projects 
    (including projects that have been conditionally approved under 
 paragraph (6) of this subsection), in the order of their priority, as 
  of August 15 of each year. The Secretary shall award grants in the 
order of their priority on the list during the fiscal year beginning on 
 October 1 of the calendar year in which the list was made. (5)(A) The 
 Secretary shall defer approval of an application that otherwise meets 
     the requirements of this section if the State submitting the 
      application does not, by the July 1 deadline (as defined in 
subparagraph (D) of this paragraph), demonstrate to the satisfaction of 
 the Secretary that the State has provided adequate financial support 
for construction of the project. (B) In a case in which approval of an 
 application is deferred under subparagraph (A) of this paragraph, the 
   Secretary shall select for award of a grant or grants under this 
  subsection an application or applications which would not have been 
 approved during the fiscal year but for the deferral and to which the 
  Secretary accords the highest priority under paragraph (2) of this 
    subsection. (C) An application deferred in accordance with the 
   requirements of this paragraph shall be accorded priority in any 
subsequent fiscal year ahead of applications that had not been approved 
     before the first day of the fiscal year in which the deferred 
application was first approved. (D) For the purposes of this paragraph, 
the term July 1 deadline means July 1 of 
the fiscal year in which the State is notified by the Secretary of the 
   availability of funding for a grant for such project. (6)(A) The 
   Secretary may conditionally approve a project under this section, 
conditionally award a grant for the project, and obligate funds for the 
grant if the Secretary determines that the application for the grant is 
sufficiently complete to warrant awarding the grant and that, based on 
assurances provided by the State submitting the application, the State 
will complete the application and meet all the requirements referred to 
in paragraph (1)(A) of this subsection by the date, not later than 180 
   days after the date of the conditional approval, specified by the 
 Secretary. (B) If a State does not complete the application and meet 
    all the requirements referred to in such paragraph by the date 
 specified by the Secretary under subparagraph (A) of this paragraph, 
 the Secretary shall rescind the conditional approval and award under 
  such subparagraph and deobligate the funds previously obligated in 
 connection with the application. In the event the Secretary rescinds 
    conditional approval of a project under this subparagraph, the 
  Secretary may not further obligate funds for the project during the 
   fiscal year in which the Secretary rescinds such approval. (7)(A) 
   Subject to subparagraph (B) of this paragraph, the Secretary may 
  increase the amount of any grant awarded to any State for a project 
under this section by an amount by which the Secretary determines that 
  the estimated cost of the construction or acquisition has increased 
from the estimated cost on which the Secretary based the determination 
 to award the grant, without regard to the position of such project on 
  the list established under paragraph (4) of this subsection, if the 
   Secretary determines that the grant was awarded before the State 
 entered into a contract for the construction or acquisition provided 
      for in such project. (B) A grant may not be increased under 
   subparagraph (A) of this paragraph by more than 10 percent of the 
amount of the grant initially awarded for such project, and the amount 
 of such grant, as increased, may not exceed 65 percent of the cost of 
 the project. (d) No application submitted to the Secretary under this 
   section shall be disapproved until the Secretary has afforded the 
applicant notice and an opportunity for a hearing. (e) The amount of a 
   grant under this subchapter shall be paid to the applicant or, if 
 designated by the applicant, the State home for which such project is 
    being carried out or any other agency or instrumentality of the 
     applicant. Such amount shall be paid, in advance or by way of 
reimbursement, and in such installments consistent with the progress of 
 the project as the Secretary may determine and certify for payment to 
  the Secretary of the Treasury. Funds paid under this section for an 
approved project shall be used solely for carrying out such project as 
   so approved. (f) Any amendment of any application, whether or not 
    approved, shall be subject to approval in the same manner as an 
 original application. (Added Pub. L. 88450, Sec. 4(a), Aug. 
19, 1964, 78 Stat. 502, Sec. 5035; amended Pub. L. 89311, Sec. 
 7(a), Oct. 31, 1965, 79 Stat. 1157; Pub. L. 9382, title IV, 
Sec. 403(e), Aug. 2, 1973, 87 Stat. 196; Pub. L. 94581, title 
 II, Sec. 206(b), 210(e)(10), Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. 
 L. 9562, Sec. 3(7)(12), July 5, 1977, 91 Stat. 262, 
263; Pub. L. 97295, Sec. 4(92), Oct. 12, 1982, 96 Stat. 1313; 
Pub. L. 98 528, title I, Sec. 105(3), Oct. 19, 1984, 98 Stat. 
  2689; Pub. L. 99166, title II, Sec. 205, Dec. 3, 1985, 99 
Stat. 953; Pub. L. 99576, title II, Sec. 224(b), (c), Oct. 28, 
  1986, 100 Stat. 3262, 3263; Pub. L. 100322, title II, Sec. 
206, May 20, 1988, 102 Stat. 513; renumbered Sec. 8135 and amended Pub. 
 L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10254, Sec. 14(f)(7), June 13, 1991, 
 105 Stat. 288; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 
   1991, 105 Stat. 404, 405; Pub. L. 102585, title IV, Sec. 
403(a), 404(a), Nov. 4, 1992, 106 Stat. 4954; Pub. L. 103446, 
  title XII, Sec. 1201(d)(18), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 
  104262, title III, Sec. 342(b)(3), Oct. 9, 1996, 110 Stat. 
 3206; Pub. L. 106117, title II, Sec. 207(b), Nov. 30, 1999, 
 113 Stat. 1565; Pub. L. 107217, Sec. 3(j)(4), Aug. 21, 2002, 
  116 Stat. 1300.) ' 8136. Recapture provisions (a) If, within the 20-
 year period beginning on the date of the approval by the Secretary of 
the final architectural and engineering inspection of any project with 
 respect to which a grant has been made under this subchapter (except 
 that the Secretary, pursuant to regulations which the Secretary shall 
 prescribe, may at the time of such grant provide for a shorter period 
than 20, but not less than seven, years, based on the magnitude of the 
project and the grant amount involved, in the case of the acquisition, 
   expansion, remodeling, or alteration of existing facilities), the 
 facilities covered by the project cease to be operated by a State, a 
State home, or an agency or instrumentality of a State principally for 
furnishing domiciliary, nursing home, or hospital care to veterans, the 
United States shall be entitled to recover from the State which was the 
recipient of the grant under this subchapter, or from the then owner of 
 such facilities, 65 percent of the then value of such project (but in 
no event an amount greater than the amount of assistance provided under 
   this subchapter), as determined by agreement of the parties or by 
   action brought in the district court of the United States for the 
 district in which such facilities are situated. (b) The establishment 
 and operation by the Secretary of an outpatient clinic in facilities 
described in subsection (a) shall not constitute grounds entitling the 
  United States to any recovery under that subsection. (Added Pub. L. 
  88450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 503, Sec. 5036; 
amended Pub. L. 9382, title IV, Sec. 403(f), Aug. 2, 1973, 87 
  Stat. 196; Pub. L. 94581, title II, Sec. 206(b), Oct. 21, 
 1976, 90 Stat. 2859; Pub. L. 9562, Sec. 3(13), July 5, 1977, 
  91 Stat. 263; Pub. L. 97295, Sec. 4(92), Oct. 12, 1982, 96 
  Stat. 1313; Pub. L. 98 528, title I, Sec. 105(4), Oct. 19, 
  1984, 98 Stat. 2690; renumbered Sec. 8136, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; 
 Pub. L. 102585, title IV, Sec. 405, Nov. 4, 1992, 106 Stat. 
 4954; Pub. L. 106419, title II, Sec. 222, Nov. 1, 2000, 114 
 Stat. 1845.) ' 8137. State control of operations Except as otherwise 
 specifically provided, nothing in this sub-chapter shall be construed 
as conferring on any Federal officer or employee the right to exercise 
    any supervision or control over the administration, personnel, 
 maintenance, or operation of any State home for which facilities are 
constructed or acquired with assistance received under this subchapter. 
(Added Pub. L. 88450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 503, 
 Sec. 5037; amended Pub. L. 98528, title I, Sec. 105(5), Oct. 
19, 1984, 98 Stat. 2690; renumbered Sec. 8137, Pub. L. 10240, 
    title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.) ' 8138. 
Treatment of certain health facilities as State homes (a) The Secretary 
may treat a health facility (or certain beds in a health facility) as a 
State home for purposes of subchapter V of chapter 17 of this title if 
 the following requirements are met: (1) The facility (or certain beds 
in such facility) meets the standards for the provision of nursing home 
care that are applicable to State homes, as prescribed by the Secretary 
under section 8134(b) of this title, and such other standards relating 
to the facility (or certain beds in such facility) as the Secretary may 
    require. (2) The facility (or certain beds in such facility) is 
   licensed or certified by the appropriate State and local agencies 
charged with the responsibility of licensing or otherwise regulating or 
  inspecting State home facilities. (3) The State demonstrates in an 
application to the Secretary that, but for the treatment of a facility 
    (or certain beds in such facility), as a State home under this 
subsection, a substantial number of veterans residing in the geographic 
  area in which the facility is located who require nursing home care 
 will not have access to such care. (4) The Secretary determines that 
 the treatment of the facility (or certain beds in such facility) as a 
 State home best meets the needs of veterans for nursing home care in 
the geographic area in which the facility is located. (5) The Secretary 
  approves the application submitted by the State with respect to the 
facility (or certain beds in such facility). (b) The Secretary may not 
  treat a health facility (or certain beds in a health facility) as a 
 State home under subsection (a) if the Secretary determines that such 
 treatment would increase the number of beds allocated to the State in 
 excess of the limit on the number of beds provided for by regulations 
prescribed under section 8134(a) of this title. (c) The number of beds 
occupied by veterans in a health facility for which payment may be made 
under subchapter V of chapter 17 of this title by reason of subsection 
(a) shall not exceed (1) 100 beds in the aggregate for all States; 
 and (2) in the case of any State, the difference between (A) the 
  number of veterans authorized to be in beds in State homes in such 
State under regulations prescribed under section 8134(a) of this title; 
 and (B) the number of veterans actually in beds in State homes (other 
than facilities or certain beds treated as State homes under subsection 
(a)) in such State under regulations prescribed under such section. (d) 
   The number of beds in a health facility in a State that has been 
   treated as a State home under subsection (a) shall be taken into 
account in determining the unmet need for beds for State homes for the 
State under section 8134(d)(1) of this title. (e) The Secretary may not 
 treat any new health facilities (or any new certain beds in a health 
  facility) as a State home under subsection (a) after September 30, 
 2009. (Added Pub. L. 109461, title II, Sec. 211(c)(1), Dec. 
    22, 2006, 120 Stat. 3420.) SUBCHAPTER IVSHARING OF MEDICAL 
      FACILITIES, EQUIPMENT, AND INFORMATION ' 8151. Statement of 
     congressional purpose It is the purpose of this subchapter to 
 strengthen the medical programs at Department facilities and improve 
   the quality of health care provided veterans under this title by 
  authorizing the Secretary to enter into agreements with health-care 
  providers in order to share health-care resources with, and receive 
health-care resources from, such providers while ensuring no diminution 
of services to veterans. (Added Pub. L. 89785, title II, Sec. 
     203, Nov. 7, 1966, 80 Stat. 1373, Sec. 5051; amended Pub. L. 
 101366, title II, Sec. 202(a), Aug. 15, 1990, 104 Stat. 438; 
renumbered Sec. 8151, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 
       (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
  103210, Sec. 3(a), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 
104262, title III, Sec. 301(a), Oct. 9, 1996, 110 Stat. 3191.) 
 ' 8152. Definitions For the purposes of this subchapter (1) The 
   term health-care resource includes 
   hospital care and medical services (as those terms are defined in 
 section 1701 of this title), services under sections 1782 and 1783 of 
this title, any other health-care service, and any health-care support 
   or administrative resource. (2) The term health-care 
providers includes health-care plans and insurers and 
 any organizations, institutions, or other entities or individuals who 
              furnish health-care resources. (3) The term 
  hospital, unless otherwise specified, 
    includes any Federal, State, local, or other public or private 
 hospital. (Added Pub. L. 89785, title II, Sec. 203, Nov. 7, 
     1966, 80 Stat. 1373, Sec. 5052; renumbered Sec. 8152, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
amended Pub. L. 10254, Sec. 14(f)(8), June 13, 1991, 105 Stat. 
288; Pub. L. 103210, Sec. 3(b), Dec. 20, 1993, 107 Stat. 2497; 
  Pub. L. 104262, title III, Sec. 301(b), Oct. 9, 1996, 110 
Stat. 3191; Pub. L. 107135, title II, Sec. 208(e)(8), Jan. 23, 
2002, 115 Stat. 2464.) ' 8153. Sharing of health-care resources (a)(1) 
 To secure health-care resources which otherwise might not be feasibly 
    available, or to effectively utilize certain other health-care 
resources, the Secretary may, when the Secretary determines it to be in 
the best interest of the prevailing standards of the Department medical 
care program, make arrangements, by contract or other form of agreement 
   for the mutual use, or exchange of use, of health-care resources 
between Department health-care facilities and any health-care provider, 
   or other entity or individual. (2) The Secretary may enter into a 
 contract or other agreement under paragraph (1) if such resources are 
not, or would not be, used to their maximum effective capacity. (3)(A) 
 If the health-care resource required is a commercial service, the use 
of medical equipment or space, or research, and is to be acquired from 
   an institution affiliated with the Department in accordance with 
section 7302 of this title, including medical practice groups and other 
 entities associated with affiliated institutions, blood banks, organ 
  banks, or research centers, the Secretary may make arrangements for 
  acquisition of the resource without regard to any law or regulation 
   (including any Executive order, circular, or other administrative 
policy) that would otherwise require the use of competitive procedures 
for acquiring the resource. (B)(i) If the health-care resource required 
 is a commercial service or the use of medical equipment or space, and 
is not to be acquired from an entity described in subparagraph (A), any 
procurement of the resource may be conducted without regard to any law 
   or regulation that would otherwise require the use of competitive 
 procedures for procuring the resource, but only if the procurement is 
   conducted in accordance with the simplified procedures prescribed 
 pursuant to clause (ii). (ii) The Secretary, in consultation with the 
Administrator for Federal Procurement Policy, may prescribe simplified 
  procedures for the procurement of health-care resources under this 
 subparagraph. The Secretary shall publish such procedures for public 
 comment in accordance with section 1707 of title 41. Such procedures 
shall permit all responsible sources, as appropriate, to submit a bid, 
    proposal, or quotation (as appropriate) for the resources to be 
 procured and provide for the consideration by the Department of bids, 
proposals, or quotations so submitted. (iii) Pending publication of the 
 procedures under clause (ii), the Secretary shall (except as provided 
 under subparagraph (A)) procure health-care resources referred to in 
clause (i) in accordance with all procurement laws and regulations. (C) 
 Any procurement of health-care resources other than those covered by 
   subparagraph (A) or (B) shall be conducted in accordance with all 
    procurement laws and regulations. (D) For any procurement to be 
 conducted on a sole source basis other than a procurement covered by 
   subparagraph (A), a written justification shall be prepared that 
 includes the information and is approved at the levels prescribed in 
 section 3304(e) of title 41. (E) As used in this paragraph, the term 
 commercial service means a service that 
  is offered and sold competitively in the commercial marketplace, is 
   performed under standard commercial terms and conditions, and is 
  procured using firm-fixed price contracts. (b) Arrangements entered 
into under this section shall provide for payment to the Department in 
  accordance with procedures that provide appropriate flexibility to 
negotiate payment which is in the best interest of the Government. Any 
proceeds to the Government received therefrom shall be credited to the 
applicable Department medical appropriation and to funds that have been 
  allotted to the facility that furnished the resource involved. (c) 
   Eligibility for hospital care and medical services furnished any 
veteran pursuant to this section shall be subject to the same terms as 
though provided in a Department health care facility, and provisions of 
  this title applicable to persons receiving hospital care or medical 
 services in a Department health care facility shall apply to veterans 
treated under this section. (d) When a Department health care facility 
 provides hospital care or medical services, pursuant to a contract or 
   agreement authorized by this section, to an individual who is not 
 eligible for such care or services under chapter 17 of this title and 
 who is entitled to hospital or medical insurance benefits under title 
    XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), such 
 benefits shall be paid, notwithstanding any condition, limitation, or 
   other provision in that title which would otherwise preclude such 
payment to such facility for such care or services or, if the contract 
 or agreement so provides, to the community health care facility which 
is a party to the contract or agreement. (e) The Secretary may make an 
arrangement that authorizes the furnishing of services by the Secretary 
  under this section to individuals who are not veterans only if the 
Secretary determines (1) that veterans will receive priority under 
   such an arrangement; and (2) that such an arrangement (A) is 
  necessary to maintain an acceptable level and quality of service to 
  veterans at that facility; or (B) will result in the improvement of 
services to eligible veterans at that facility. (f) Any amount received 
  by the Secretary from a non-Federal entity as payment for services 
provided by the Secretary during a prior fiscal year under an agreement 
   entered into under this section may be obligated by the Secretary 
during the fiscal year in which the Secretary receives the payment. (g) 
The Secretary shall submit to the Congress not later than February 1 of 
  each year a report on the activities carried out under this section 
during the preceding fiscal year. Each report shall include (1) an 
  appraisal of the effectiveness of the activities authorized in this 
section and the degree of cooperation from other sources, financial and 
    otherwise; and (2) recommendations for the improvement or more 
      effective administration of such activities. (Added Pub. L. 
 89785, title II, Sec. 203, Nov. 7, 1966, 80 Stat. 1374, Sec. 
 5053; amended Pub. L. 91496, Sec. 4, Oct. 22, 1970, 84 Stat. 
  1092; Pub. L. 9382, title III, Sec. 303, Aug. 2, 1973, 87 
 Stat. 195; Pub. L. 94581, title I, Sec. 115(a)(1), title II, 
Sec. 206(c), 210(e)(11), Oct. 21, 1976, 90 Stat. 2852, 2859, 2865; Pub. 
 L. 96151, title III, Sec. 304, Dec. 20, 1979, 93 Stat. 1096; 
  Pub. L. 97295, Sec. 4(95)(A), Oct.12, 1982, 96 Stat. 1313; 
  Pub. L. 98160, title VII, Sec. 702(20), Nov. 21, 1983, 97 
Stat. 1010; Pub. L. 99576, title II, Sec. 231(c)(1), Oct. 28, 
 1986, 100 Stat. 3264; Pub. L. 101366, title II, Sec. 202(b), 
      Aug. 15, 1990, 104 Stat. 438; renumbered Sec. 8153, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 Pub. L. 10254, Sec. 14(f)(9), June 13, 1991, 105 Stat. 288; 
Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(D), (E), Aug. 6, 
 1991, 105 Stat. 404, 405; Pub. L. 103210, Sec. 3(c), Dec.20, 
1993, 107 Stat. 2498; Pub. L. 104262, title III, Sec. 301(c), 
 (d)(1), Oct. 9, 1996, 110 Stat. 3191, 3193; Pub. L. 105114, 
  title IV, Sec. 402(d), (e), Nov. 21, 1997, 111 Stat. 2294; Pub. L. 
  106419, title IV, Sec. 404(b)(2), Nov. 1, 2000, 114 Stat. 
1866; Pub. L. 108170, title IV, Sec. 405(d), Dec. 6, 2003, 117 
 Stat. 2063; Pub. L. 111 350, Sec. 5(j)(8), Jan. 4, 2011, 124 
Stat. 3850.) ' 8154. Exchange of medical information (a) The Secretary 
is authorized to enter into agreements with medical schools, hospitals, 
  research centers, and individual members of the medical profession 
under which medical information and techniques will be freely exchanged 
 and the medical information services of all parties to the agreement 
     will be available for use by any party to the agreement under 
conditions specified in the agreement. In carrying out the purposes of 
   this section, the Secretary shall utilize recent developments in 
 electronic equipment to provide a close educational, scientific, and 
   professional link between Department hospitals and major medical 
  centers. Such agreements shall be utilized by the Secretary to the 
maximum extent practicable to create, at each Department hospital which 
 is a part of any such agreement, an environment of academic medicine 
  which will help such hospital attract and retain highly trained and 
  qualified members of the medical profession. (b) In order to bring 
about utilization of all medical information in the surrounding medical 
 community, particularly in remote areas, and to foster and encourage 
 the widest possible cooperation and consultation among all members of 
 the medical profession in such community, the educational facilities 
  and programs established at Department hospitals and the electronic 
    link to medical centers shall be made available for use by the 
    surrounding medical community (including State home facilities 
 furnishing domiciliary, nursing home, or hospital care to veterans). 
  The Secretary may charge a fee for such services (on annual or like 
   basis) at rates which the Secretary determines, after appropriate 
 study, to be fair and equitable. The financial status of any user of 
  such services shall be taken into consideration by the Secretary in 
  establishing the amount of the fee to be paid. Any proceeds to the 
   Government received therefrom shall be credited to the applicable 
 Department medical appropriation. (c) The Secretary is authorized to 
 enter into agreements with public and nonprofit private institutions, 
organizations, corporations, and other entities in order to participate 
  in cooperative health-care personnel education programs within the 
geographical area of any Department health-care facility located in an 
    area remote from major academic health centers. (Added Pub. L. 
 89785, title II, Sec. 203, Nov. 7, 1966, 80 Stat. 1374, Sec. 
  5054; amended Pub. L. 94424, Sec. 1(1), Sept. 28, 1976, 90 
Stat. 1332; Pub. L. 94581, title II, Sec. 206(d), 210(e)(12), 
 Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96151, title I, 
Sec. 102(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97251, Sec. 
     9, Sept. 8, 1982, 96 Stat. 716; renumbered Sec. 8154, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
  Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 
 1991, 105 Stat. 404, 405.) ' 8155. Pilot programs; grants to medical 
  schools (a) The Secretary may establish an Advisory Subcommittee on 
 Programs for Exchange of Medical Information, of the Special Medical 
Advisory Group, established under section 7312 of this title, to advise 
 the Secretary on matters regarding the administration of this section 
  and to coordinate these functions with other research and education 
programs in the Department of Medicine and Surgery. The Assistant Under 
 Secretary for Health charged with administration of the Department of 
 Medicine and Surgery medical research program shall be an ex officio 
member of this Subcommittee. (b) The Secretary, upon the recommendation 
 of the Subcommittee, is authorized to make grants to medical schools, 
    hospitals, and research centers to assist such medical schools, 
hospitals, and research centers in planning and carrying out agreements 
 authorized by section 8154 of this title. Such grants may be used for 
   the employment of personnel, the construction of facilities, the 
purchasing of equipment when necessary to implement such programs, and 
 for such other purposes as will facilitate the administration of this 
section. (c)(1) There is hereby authorized to be appropriated an amount 
   not to exceed $3,500,000 for fiscal year 1976; $1,700,000 for the 
     period beginning July 1, 1976, and ending September 30, 1976; 
 $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and 
 $4,000,000 for fiscal year 1979 and for each of the three succeeding 
 fiscal years, for the purpose of developing and carrying out medical 
 information programs under this section on a pilot program basis and 
   for the grants authority in subsection (b) of this section. Pilot 
    programs authorized by this subsection shall be carried out at 
 Department hospitals in geographically dispersed areas of the United 
States. (2) Funds authorized under this section shall not be available 
to pay the cost of hospital, medical, or other care of patients except 
   to the extent that such cost is determined by the Secretary to be 
incident to research, training, or demonstration activities carried out 
  under this section. (d) The Secretary, after consultation with the 
    Subcommittee shall prescribe regulations covering the terms and 
conditions for making grants under this section. (e) Each recipient of 
a grant under this section shall keep such records as the Secretary may 
   prescribe, including records which fully disclose the amount and 
disposition by such recipient of the proceeds of such grant, the total 
cost of the project or undertaking in connection with which such grant 
  is made or used, and the amount of that portion of the cost of the 
 project or undertaking supplied by other sources, and such records as 
     will facilitate an effective audit. (f) The Secretary and the 
    Comptroller General of the United States, or any of their duly 
authorized representatives, shall have access, for the purpose of audit 
 and examination, to any books, documents, papers, and records of the 
 recipient of any grant under this section which are pertinent to any 
such grant. (Added Pub. L. 89785, title II, Sec. 203, Nov. 7, 
1966, 80 Stat. 1375, Sec. 5055; amended Pub. L. 9269, Aug. 6, 
 1971, 85 Stat. 178; Pub. L. 94424, Sec. 1(2), Sept.28, 1976, 
     90 Stat. 1332; Pub. L. 94581, title II, Sec. 206(e), 
210(e)(13), Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96151, 
  title I, Sec. 102(b), Dec. 20, 1979, 93 Stat. 1092; renumbered Sec. 
  8155 and amended Pub. L. 10240, title IV, Sec. 402(b)(1), 
 (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, Sec. 
4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 
  102405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
   1984; Pub. L. 103446, title XII, Sec. 1201(d)(19), Nov. 
  2,1994, 108 Stat. 4684.) ' 8156. Coordination with health services 
 development activities carried out under the National Health Planning 
 and Resources Development Act of 1974 The Secretary and the Secretary 
of Health and Human Services shall, to the maximum extent practicable, 
  coordinate programs carried out under this subchapter and programs 
carried out under part F of title XVI of the Public Health Service Act 
(42 U.S.C. 300t et seq.). (Added Pub. L. 89785, title II, Sec. 
     203, Nov. 7, 1966, 80 Stat. 1375, Sec. 5056; amended Pub. L. 
94581, title I, Sec. 115(a)(2), Oct. 21, 1976, 90 Stat. 2853; 
 Pub. L. 97295, Sec. 4(93), (95)(A), Oct. 12, 1982, 96 Stat. 
  1313; renumbered Sec. 8156, Pub. L. 10240, title IV, Sec. 
 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102 83, Sec. 
4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 8157. Joint title 
 to medical equipment (a) Subject to subsection (b), the Secretary may 
enter into agreements with institutions described in section 8153(a) of 
 this title for the joint acquisition of medical equipment. (b)(1) The 
   Secretary may not pay more than one-half of the purchase price of 
 equipment acquired through an agreement under subsection (a). (2) Any 
 equipment to be procured under such an agreement shall be procured by 
  the Secretary. Title to such equipment shall be held jointly by the 
United States and the institution. (3) Before equipment acquired under 
   such an agreement may be used, the parties to the agreement shall 
 arrange by contract under section 8153 of this title for the exchange 
  or use of the equipment. (4) The Secretary may not contract for the 
   acquisition of medical equipment to be purchased jointly under an 
agreement under subsection (a) until the institution which enters into 
the agreement provides to the Secretary its share of the purchase price 
of the medical equipment. (c)(1) Notwithstanding any other provision of 
   law, the Secretary may transfer the interest of the Department in 
  equipment acquired through an agreement under subsection (a) to the 
 institution which holds joint title to the equipment if the Secretary 
determines that the transfer would be justified by compelling clinical 
  considerations or the economic interest of the Department. Any such 
 transfer may only be made upon agreement by the institution to pay to 
the Department the amount equal to one-half of the depreciated purchase 
    price of the equipment. Any such payment when received shall be 
   credited to the applicable Department medical appropriation. (2) 
 Notwithstanding any other provision of law, the Secretary may acquire 
 the interest of an institution in equipment acquired under subsection 
(a) if the Secretary determines that the acquisition would be justified 
by compelling clinical considerations or the economic interests of the 
     Department. The Secretary may not pay more than one-half the 
     depreciated purchase price of that equipment. (Added Pub. L. 
   102405, title I, Sec. 103(a)(1), Oct. 9, 1992, 106 Stat. 
 1973.) ' 8158. Deposit in escrow (a) To facilitate the procurement of 
medical equipment pursuant to section 8157 of this title, the Secretary 
may enter into escrow agreements with institutions described in section 
 8153(a) of this title. Any such agreement shall provide that (1) 
the institutions shall pay to the Secretary the funds necessary to make 
a payment under section 8157(b)(4) of this title; (2) the Secretary, as 
 escrow agent, shall administer those funds in an escrow account; and 
  (3) the Secretary shall disburse the escrowed funds to pay for such 
   equipment upon its delivery or in accordance with the contract to 
procure the equipment and shall disburse all accrued interest or other 
earnings on the escrowed funds to the institution. (b) As escrow agent 
 for funds placed in escrow pursuant to an agreement under subsection 
     (a), the Secretary may (1) invest the escrowed funds in 
obligations of the Federal Government or obligations which are insured 
   or guaranteed by the Federal Government; (2) retain in the escrow 
 account interest or other earnings on such investments; (3) disburse 
the funds pursuant to the escrow agreement; and (4) return undisbursed 
funds to the institution. (c)(1) If the Secretary enters into an escrow 
agreement under this section, the Secretary may enter into an agreement 
  to procure medical equipment if one-half the purchase price of the 
equipment is available in an appropriation or fund for the expenditure 
 or obligation. (2) Funds held in an escrow account under this section 
      shall not be considered to be public funds. (Added Pub. L. 
   102405, title I, Sec. 103(a)(1), Oct. 9, 1992, 106 Stat. 
 1974.) SUBCHAPTER VENHANCED-USE LEASES OF REAL PROPERTY ' 8161. 
     Definitions For the purposes of this subchapter: (1) The term 
enhanced-use lease means a written lease 
   entered into by the Secretary under this subchapter. (2) The term 
          congressional veterans affairs 
committees means the Committees on Veterans 
Affairs of the Senate and the House of Representatives. (Added Pub. L. 
10286, title IV, Sec. 401(a), Aug. 14, 1991, 105 Stat. 417.) ' 
 8162. Enhanced-use leases (a)(1) The Secretary may in accordance with 
this subchapter enter into leases with respect to real property that is 
  under the jurisdiction or control of the Secretary. Any such lease 
under this subchapter may be referred to as an enhanced-use 
lease. The Secretary may dispose of any such property 
  that is leased to another party under this subchapter in accordance 
    with section 8164 of this title. The Secretary may exercise the 
 authority provided by this subchapter notwithstanding section 8122 of 
     this title, subchapter II of chapter 5 of title 40, sections 
  541555 and 1302 of title 40, or any other provision of law 
    (other than Federal laws relating to environmental and historic 
preservation) inconsistent with this section. The applicability of this 
  subchapter to section 421(b) of the Veterans Benefits and 
  Services Act of 1988 (Public Law 100322; 102 Stat. 553) is 
    covered by subsection (c). (2) The Secretary may enter into an 
enhanced-use lease only if (A) the Secretary determines that 
(i) at least part of the use of the property under the lease will be to 
 provide appropriate space for an activity contributing to the mission 
  of the Department; (ii) the lease will not be inconsistent with and 
will not adversely affect the mission of the Department; and (iii) the 
   lease will enhance the use of the property; or (B) the Secretary 
 determines that the implementation of a business plan proposed by the 
Under Secretary for Health for applying the consideration under such a 
 lease to the provision of medical care and services would result in a 
   demonstrable improvement of services to eligible veterans in the 
geographic service-delivery area within which the property is located. 
  (3) The provisions of sections 31413144, 3146, and 3147 of 
 title 40 shall not, by reason of this section, become inapplicable to 
 property that is leased to another party under an enhanced-use lease. 
 (4) A property that is leased to another party under an enhanced-use 
  lease may not be considered to be unutilized or under-utilized for 
 purposes of section 501 of the McKinney-Vento Homeless Assistance Act 
  (42 U.S.C. 11411). (b)(1)(A) If the Secretary has determined that a 
  property should be leased to another party through an enhanced-use 
lease, the Secretary shall select the party with whom the lease will be 
  entered into using selection procedures determined by the Secretary 
that ensure the integrity of the selection process. (B) In the case of 
 a property that the Secretary determines is appropriate for use as a 
 facility to furnish services to homeless veterans under chapter 20 of 
 this title, the Secretary may enter into an enhanced-use lease with a 
     provider of homeless services without regard to the selection 
    procedures required under subparagraph (A). (2) The term of an 
 enhanced-use lease may not exceed 75 years. (3)(A) Each enhanced-use 
lease shall be for fair consideration, as determined by the Secretary. 
 Consideration under such a lease may be provided in whole or in part 
 through consideration in-kind. (B) Consideration in-kind may include 
provision of goods or services of benefit to the Department, including 
  construction, repair, remodeling, or other physical improvements of 
  Department facilities, maintenance of Department facilities, or the 
 provision of office, storage, or other usable space. (4) The terms of 
an enhanced-use lease may provide for the Secretary to (A) obtain 
  facilities, space, or services on the leased property; and (B) use 
  minor construction funds for capital contribution payments. (c)(1) 
   Subject to paragraph (2), the entering into an enhanced-use lease 
covering any land or improvement described in section 421(b)(2) of the 
    Veterans Benefits and Services Act of 1988 (Public Law 
   100322; 102 Stat. 553) or section 224(a) of the Military 
 Construction and Veterans Affairs and Related Agencies Appropriations 
Act, 2008 shall be considered to be prohibited by such sections unless 
 specifically authorized by law. (2) The entering into an enhanced-use 
 lease by the Secretary covering any land or improvement described in 
 such section 421(b)(2) shall not be considered to be prohibited under 
that section if under the lease (A) the designated property is to 
  be used only for child-care services; (B) those services are to be 
provided only for the benefit of (i) employees of the Department; 
 (ii) individuals employed on the premises of such property; and (iii) 
    employees of a health-personnel educational institution that is 
    affiliated with a Department facility; (C) over one-half of the 
employees benefited by the child-care services provided are required to 
 be employees of the Department; and (D) over one-half of the children 
to whom child-care services are provided are required to be children of 
 employees of the Department. (Added Pub. L. 10286, title IV, 
      Sec. 401(a), Aug. 14, 1991, 105 Stat. 417; amended Pub. L. 
 106117, title II, Sec. 208(a), (b), Nov. 30, 1999, 113 Stat. 
1567; Pub. L. 106 400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675; 
Pub. L. 10795, Sec. 10(b), Dec. 21, 2001, 115 Stat. 920; Pub. 
 L. 107217, Sec. 3(j)(5), Aug. 21, 2002, 116 Stat. 1300; Pub. 
 L. 108178, Sec. 4(i)(1), Dec. 15, 2003, 117 Stat. 2642; Pub. 
 L. 110161, div. I, title II, Sec. 224(c), Dec. 26, 2007, 121 
Stat. 2272.) ' 8163. Hearing and notice requirements regarding proposed 
  leases (a) If the Secretary proposes to enter into an enhanced-use 
 lease with respect to certain property, the Secretary shall conduct a 
  public hearing before entering into the lease. The hearing shall be 
  conducted in the community in which the property is located. At the 
  hearing, the Secretary shall receive the views of veterans service 
organizations and other interested parties regarding the proposed lease 
of the property and the possible effects of the uses to be made of the 
property under a lease of the general character then contemplated. The 
 possible effects to be addressed at the hearing shall include effects 
 on (1) local commerce and other aspects of the local community; 
   (2) programs administered by the Department; and (3) services to 
 veterans in the community. (b) Before conducting such a hearing, the 
    Secretary shall provide reasonable notice to the congressional 
veterans affairs committees and to the public of the proposed 
 lease and of the hearing. The notice shall include the following: (1) 
 The time and place of the hearing. (2) Identification of the property 
 proposed to be leased. (3) A description of the proposed uses of the 
property under the lease. (4) A description of how the uses to be made 
      of the property under a lease of the general character then 
  contemplated (A) would (i) contribute in a cost-effective 
manner to the mission of the Department; (ii) not be inconsistent with 
 the mission of the Department; (iii) not adversely affect the mission 
 of the Department; and (iv) affect services to veterans; or (B) would 
 result in a demonstrable improvement of services to eligible veterans 
 in the geographic service-delivery area within which the property is 
 located. (5) A description of how those uses would affect services to 
veterans. (c)(1) If after a hearing under subsection (a) the Secretary 
 intends to enter into an enhanced-use lease of the property involved, 
the Secretary shall notify the congressional veterans affairs 
  committees of the Secretarys intention to enter into such 
   lease and shall publish a notice of such intention in the Federal 
 Register. (2) The Secretary may not enter into an enhanced use lease 
    until the end of the 45-day period beginning on the date of the 
    submission of notice under paragraph (1). (3) Each notice under 
paragraph (1) shall include the following: (A) An identification of the 
 property involved. (B) An explanation of the background of, rationale 
  for, and economic factors in support of, the proposed lease. (C) A 
  summary of the views expressed by interested parties at the public 
hearing conducted in connection with the proposed designation, together 
 with a summary of the Secretarys evaluation of those views. 
   (D) A description of the provisions of the proposed lease. (E) A 
     description of how the proposed lease (i) would (I) 
contribute in a cost-effective manner to the mission of the Department; 
(II) not be inconsistent with the mission of the Department; (III) not 
    adversely affect the mission of the Department; and (IV) affect 
     services to veterans; or (ii) would result in a demonstrable 
improvement of services to eligible veterans in the geographic service-
 delivery area within which the property is located. (F) A description 
  of how the proposed lease would affect services to veterans. (G) A 
 summary of a cost-benefit analysis of the proposed lease. (Added Pub. 
L. 10286, title IV, Sec. 401(a), Aug. 14, 1991, 105 Stat. 419; 
amended Pub. L. 106117, title II, Sec. 208(c), Nov. 30, 1999, 
113 Stat. 1567; Pub. L. 106 419, title II, Sec. 241, title IV, 
      Sec. 404(b)(1), Nov. 1, 2000, 114 Stat. 1847, 1865; Pub. L. 
108170, title II, Sec. 202(a), (d)(1), Dec. 6, 2003, 117 Stat. 
 2047, 2048.) ' 8164. Authority for disposition of leased property (a) 
 If, during the term of an enhanced-use lease or within 30 days after 
  the end of the term of the lease, the Secretary determines that the 
 leased property is no longer needed by the Department, the Secretary 
may initiate action for the transfer to the lessee of all right, title, 
 and interest of the United States in the property . A disposition of 
   property may not be made under this section unless the Secretary 
 determines that the disposition under this section rather than under 
  section 8118 or 8122 of this title is in the best interests of the 
 Department. (b) A disposition under this section may be made for such 
 consideration as the Secretary determines is in the best interest of 
   the United States and upon such other terms and conditions as the 
  Secretary considers appropriate. (c) Not less than 45 days before a 
disposition of property is made under this section, the Secretary shall 
 notify the congressional veterans affairs committees of the 
Secretarys intent to dispose of the property and shall publish 
notice of the proposed disposition in the Federal Register. The notice 
 shall describe the background of, rationale for, and economic factors 
   in support of, the proposed disposition (including a cost-benefit 
analysis summary) and the method, terms, and conditions of the proposed 
disposition. (Added Pub. L. 10286, title IV, Sec. 401(a), Aug. 
  14, 1991, 105 Stat. 420; amended Pub. L. 108170, title II, 
  Sec. 202(b), Dec. 6, 2003, 117 Stat. 2047; Pub. L. 108422, 
 title IV, Sec. 411(e)(3), Nov. 30, 2004, 118 Stat. 2390.) ' 8165. Use 
 of proceeds (a)(1) Funds received by the Department under an enhanced-
  use lease and remaining after any deduction from those funds under 
subsection (b) shall be deposited in the Department of Veterans Affairs 
 Medical Care Collections Fund established under section 1729A of this 
 title. (2) Funds received by the Department from a disposal of leased 
  property under section 8164 of this title shall be deposited in the 
  Department of Veterans Affairs Capital Asset Fund established under 
  section 8118 of this title. (b) An amount sufficient to pay for any 
  expenses incurred by the Secretary in any fiscal year in connection 
 with an enhanced-use lease shall be deducted from the proceeds of the 
    lease for that fiscal year and may be used by the Secretary to 
   reimburse the account from which the funds were used to pay such 
  expenses. The Secretary may use the proceeds from any enhanced-use 
lease to reimburse applicable appropriations of the Department for any 
expenses incurred in the development of additional enhanced-use leases. 
 (Added Pub. L. 10286, title IV, Sec. 401(a), Aug. 14, 1991, 
105 Stat. 421; Pub. L. 106117, title II, Sec. 208(d), Nov. 30, 
 1999, 113 Stat. 1568; Pub. L. 107217, Sec. 3(j)(6), Aug. 21, 
  2002, 116 Stat. 1301; Pub. L. 1087, div. K, title I, Sec. 
113(d)(1), Feb. 20, 2003, 117 Stat. 482; Pub. L. 108170, title 
II, Sec. 202(c), Dec. 6, 2003, 117 Stat. 2048; Pub. L. 108178, 
Sec. 4(i)(2), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 108 422, 
   title IV, Sec. 411(e)(4), Nov. 30, 2004, 118 Stat. 2390.) ' 8166. 
Construction standards (a) Unless the Secretary provides otherwise, the 
  construction, alteration, repair, remodeling, or improvement of the 
property that is the subject of the lease shall be carried out so as to 
    comply with all standards applicable to construction of Federal 
 buildings. Any such construction, alteration, repair, remodeling, or 
improvement shall not be subject to any State or local law relating to 
land use, building codes, permits, or inspections unless the Secretary 
provides otherwise. (b) Unless the Secretary has provided that Federal 
construction standards are not applicable to a property, the Secretary 
     shall conduct periodic inspections of any such construction, 
   alteration, repair, remodeling, or improvement for the purpose of 
  ensuring that the standards are met. (Added Pub. L. 10286, 
 title IV, Sec. 401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 
108422, title IV, Sec. 417, Nov. 30, 2004, 118 Stat. 2393.) ' 
 8167. Exemption from State and local taxes The interest of the United 
States in any property subject to an enhanced-use lease and any use by 
   the United States of such property during such lease shall not be 
subject, directly or indirectly, to any State or local law relative to 
taxation, fees, assessments, or special assessments, except sales taxes 
   charged in connection with any construction, alteration, repair, 
remodeling, or improvement project carried out under the lease. (Added 
Pub. L. 10286, title IV, Sec. 401(a), Aug. 14, 1991, 105 Stat. 
   421.) x' 8168. Repealed. Pub. L. 105114, title II, Sec. 
 205(b)(1), Nov. 21, 1997, 111 Stat. 2288 ' 8169. Expiration 
The authority of the Secretary to enter into enhanced-use leases under 
     this subchapter expires on December 31, 2011. (Added Pub. L. 
 10286, title IV, Sec. 401(a), Aug. 14, 1991, 105 Stat. 422; 
 amended Pub. L. 103452, title I, Sec. 103(d), Nov. 2, 1994, 
108 Stat. 4786; Pub. L. 104110, title I, Sec. 101(k), Feb. 13, 
 1996, 110 Stat. 769; Pub. L. 105114, title II, Sec. 205(a), 
Nov. 21, 1997, 111 Stat. 2288; Pub. L. 106117, title II, Sec. 
208(e), Nov. 30, 1999, 113 Stat. 1568.) CHAPTER 82 OF TITLE 38, UNITED 
 STATES CODE [As Amended Through P.L. 1127, Enacted March 31, 
  2011] 1109 xTITLE 38VETERANS BENEFITS xPART 
    VIACQUISITION AND DISPOSITION OF PROPERTY CHAPTER 
82ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS TO 
  AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING 
   INSTITUTIONS Sec. 8201. Coordination with public health programs; 
 administration. SUBCHAPTER IPILOT PROGRAM FOR ASSISTANCE IN THE 
    ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS 8211. Declaration of 
  purpose. 8212. Authorization of appropriations. 8213. Pilot program 
 assistance. 8214. Limitations. SUBCHAPTER IIGRANTS TO AFFILIATED 
 MEDICAL SCHOOLS 8221. Declaration of purpose. 8222. Authorization of 
 appropriations. 8223. Grants. SUBCHAPTER IIIASSISTANCE TO PUBLIC 
  AND NONPROFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND OTHER 
HEALTH MANPOWER INSTITUTIONS AFFILIATED WITH THE DEPARTMENT TO INCREASE 
    THE PRODUCTION OF PROFESSIONAL AND OTHER HEALTH PERSONNEL 8231. 
  Declaration of purpose. 8232. Definition. 8233. Grants. SUBCHAPTER 
IVEXPANSION OF DEPARTMENT HOSPITAL EDUCATION AND TRAINING CAPACITY 
     8241. Expenditures to remodel and make special allocations to 
  Department hospitals for health manpower education and training. ' 
8201. Coordination with public health programs; administration (a) The 
Secretary and the Secretary of Health and Human Services shall, to the 
 maximum extent practicable, coordinate the programs carried out under 
 this chapter and the programs carried out under titles VII, VIII, and 
 IX of the Public Health Service Act (42 U.S.C. 292 et seq.). (b) The 
 Secretary may not enter into any agreement under subchapter I of this 
chapter after September 30, 1979. (c) The Secretary, after consultation 
  with the special medical advisory committee established pursuant to 
section 7312(a) of this title, shall prescribe regulations covering the 
   terms and conditions 1111 for entering into agreements and making 
 grants under this chapter. (d) Payments made pursuant to grants under 
 this chapter may be made in installments, and either in advance or by 
    way of reimbursement, with necessary adjustments on account of 
 overpayments or underpayments, as the Secretary may determine. (e) In 
 carrying out the purposes of this chapter, the Secretary may lease to 
 any eligible institution for such consideration and under such terms 
     and conditions as the Secretary deems appropriate, such land, 
   buildings, and structures (including equipment therein) under the 
  control and jurisdiction of the Department as may be necessary. The 
  three-year limitation on the term of a lease prescribed in section 
8122(a) of this title shall not apply with respect to any lease entered 
into pursuant to this chapter, but no such lease may be for a period of 
more than 50 years. Any lease entered into pursuant to this chapter may 
be entered into without regard to the provisions of section 6101(b) to 
  (d) of title 41). Notwithstanding section 1302 of title 40, or any 
 other provision of law, a lease entered into pursuant to this chapter 
  may provide for the maintenance, protection, or restoration, by the 
 lessee, of the property leased, as a part or all of the consideration 
 of the lease. (f) In making grants under this chapter, the Secretary 
  shall give special consideration to applications from institutions 
  which provide reasonable assurances, which shall be included in the 
  grant agreement, that priority for admission to health manpower and 
  training programs carried out by such institutions will be given to 
otherwise qualified veterans who during their military service acquired 
medical military occupation specialties, and that among such qualified 
  veterans those who served during the Vietnam era and those who are 
  entitled to disability compensation under laws administered by the 
 Secretary or whose discharge or release was for a disability incurred 
 or aggravated in line of duty will be given the highest priority. In 
carrying out this chapter and section 7302 of this title in connection 
with health manpower and training programs assisted or conducted under 
 this title or in affiliation with a Department medical facility, the 
 Secretary shall take appropriate steps to encourage the institutions 
 involved to afford the priorities described in the first sentence of 
this subsection and to advise all qualified veterans with such medical 
 military occupation specialties of the steps the Secretary has taken 
  under this subsection and the opportunities available to them as a 
 result of such steps. (g)(1) Each recipient of assistance under this 
   chapter shall keep such records as the Secretary shall prescribe, 
 including records which fully disclose the amount and disposition by 
 such recipient of the proceeds of such assistance, the total cost of 
the project or undertaking in connection with which such assistance is 
made or used, the amount of that portion of the cost of the project or 
    undertaking supplied by other sources, and such records as will 
 facilitate an effective audit. (2) The Secretary and the Comptroller 
     General of the United States, or any of their duly authorized 
    representatives, shall have access for the purpose of audit and 
    examination to any books, documents, papers, and records of the 
 recipient of any assistance under this chapter which are pertinent to 
  such assistance. (Added Pub. L. 92541, Sec. 2(a), Oct. 24, 
 1972, 86 Stat. 1101, Sec. 5070; amended Pub. L. 94581, title 
I, Sec. 116(1), (2), title II, Sec. 210(f)(1), Oct. 21, 1976, 90 Stat. 
 2853, 2854, 2865; Pub. L. 96151, title I, Sec. 103(a), Dec. 
20, 1979, 93 Stat. 1093;Pub. L. 96330, title IV, Sec. 403(b), 
Aug. 26, 1980, 94 Stat. 1052; Pub. L. 97295, Sec. 4(94), Oct. 
   12, 1982, 96 Stat. 1313; renumbered Sec. 8201 and amended Pub. L. 
10240, title IV, Sec. 402(b)(2)(A), (d)(1), 403(b)(6), May 7, 
1991, 105 Stat. 239, 240; Pub. L. 10254, Sec. 14(f)(10), June 
  13, 1991, 105 Stat. 288; Pub. L. 10283, Sec. 4(a)(1), (3), 
 (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 
 103446, title XII, Sec. 1201(d)(20), Nov. 2, 1994, 108 Stat. 
4685; Pub. L. 106419, title IV,Sec. 403(b), Nov. 1, 2000, 114 
 Stat. 1864; Pub. L. 107217, Sec. 3(j)(7), Aug. 21, 2002, 116 
 Stat. 1301; Pub. L. 111350, Sec. 5(j)(9), Jan. 4, 2011, 124 
   Stat. 3850.) SUBCHAPTER IPILOT PROGRAM FOR ASSISTANCE IN THE 
   ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS ' 8211. Declaration of 
purpose The purpose of this subchapter is to authorize the Secretary to 
    implement a pilot program under which the Secretary may provide 
    assistance in the establishment of new State medical schools at 
colleges or universities which are primarily supported by the States in 
which they are located if such schools are located in proximity to, and 
  operated in conjunction with, Department medical facilities. (Added 
 Pub. L. 92541, Sec. 2(a), Oct. 24, 1972, 86 Stat. 1102, Sec. 
 5071; amended Pub. L. 94581, title II, Sec. 210(f)(2), Oct. 
21, 1976, 90 Stat. 2865; renumbered Sec. 8211, Pub. L. 10240, 
   title IV, Sec. 402(b)(2)(B), May 7, 1991, 105 Stat. 239; Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
 Stat. 404, 405.) ' 8212. Authorization of appropriations (a) There is 
 authorized to be appropriated $25,000,000 for the fiscal year ending 
  June 30, 1973, and a like sum for each of the six succeeding fiscal 
  years. Sums appropriated pursuant to this section shall be used for 
    making grants pursuant to section 8213 of this title. (b) Sums 
 appropriated pursuant to subsection (a) of this section shall remain 
 available until the end of the sixth fiscal year following the fiscal 
 year for which they are appropriated. (Added Pub. L. 92541, 
  Sec. 2(a), Oct. 24, 1972, 86 Stat. 1102, Sec. 5072; renumbered Sec. 
 8212 and amended Pub. L. 10240, title IV, Sec. 402(b)(2)(B), 
 (d)(1), May 7, 1991, 105 Stat. 239.) ' 8213. Pilot program assistance 
(a) Subject to subsection (b) of this section, the Secretary may enter 
  into an agreement to provide to any college or university which is 
primarily supported by the State in which it is located (hereinafter in 
                    this subchapter referred to as 
institution) the following assistance to 
  enable such institution to establish a new medical school: (1) The 
extension, alteration, remodeling, improvement, or repair of buildings 
and structures (including, as part of a lease made under paragraph (1), 
the provision of equipment) provided under paragraph (1) to the extent 
 necessary to make them suitable for use as medical school facilities. 
 (2) The making of grants to assist the institution to pay the cost of 
the salaries of the faculty of such school during the initial 12-month 
   period of operation of the school and the next six such 12-month 
  periods, but payment under this paragraph may not exceed an amount 
equal to (A) 90 percent of the cost of faculty salaries during the 
first 12-month period of operation, (B) 90 percent of such cost during 
 the second such period, (C) 90 percent of such cost during the third 
such period, (D) 80 percent of such cost during the fourth such period, 
   (E) 70 percent of such cost during the fifth such period, (F) 60 
 percent of such cost during the sixth such period, and (G) 50 percent 
  of such cost during the seventh and eighth such periods. (b)(1) The 
Secretary may not enter into any agreement under subsection (a) of this 
    section unless the Secretary finds, and the agreement includes 
satisfactory assurances, that (A) there will be adequate State or 
other financial support for the proposed school; (B) the overall plans 
   for the school meet such professional and other standards as the 
    Secretary deems appropriate; (C) the school will maintain such 
  arrangements with the Department medical facility with which it is 
 associated (including but not limited to such arrangements as may be 
   made under subchapter IV of chapter 81 of this title) as will be 
 mutually beneficial in the carrying out of the mission of the medical 
facility and the school; and (D) on the basis of consultation with the 
 appropriate accreditation body or bodies approved for such purpose by 
 the Secretary of Education, there is reasonable assurance that, with 
  the aid of an agreement under subsection (a) of this section, such 
  school will meet the accreditation standards of such body or bodies 
    within a reasonable time. (2) Any agreement entered into by the 
Secretary under this subchapter shall contain such terms and conditions 
(in addition to those imposed pursuant to section 8201(e) of this title 
and subsection (b)(1) of this section) as the Secretary deems necessary 
 and appropriate to protect the interest of the United States. (c) If 
  the Secretary, in accordance with such regulations as the Secretary 
shall prescribe, determines that any school established with assistance 
    under this chapter (1) is not accredited and fails to gain 
 appropriate accreditation within a reasonable period of time; (2) is 
   accredited but fails substantially to carry out the terms of the 
agreement entered into under this chapter; or (3) is no longer operated 
 for the purpose for which such assistance was granted, the Secretary 
  shall be entitled to recover from the recipient of assistance under 
this chapter the facilities of such school which were established with 
assistance under this chapter. In order to recover such facilities the 
   Secretary may bring an action in the district court of the United 
 States for the district in which such facilities are situated. (Added 
 Pub. L. 92541, Sec. 2(a), Oct. 24, 1972, 86 Stat. 1102, Sec. 
5073; amended Pub. L. 94581, title I, Sec. 116(3), (4), title 
    II, Sec. 210(f)(3), Oct. 21, 1976, 90 Stat. 2854, 2865; Pub. L. 
9715, June 17, 1981, 95 Stat. 99; Pub. L. 97295, Sec. 
 4(95)(B), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 99576, title 
VII, Sec. 702(16), Oct. 28, 1986, 100 Stat. 3302; renumbered Sec. 8213 
   and amended Pub. L. 10240, title IV, Sec. 402(b)(2)(B), 
   (d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 10283, Sec. 
  4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 
 8214. Limitations The Secretary may not use the authority under this 
   subchapter to assist in the establishment of more than eight new 
   medical schools. Such schools shall be located in geographically 
 dispersed areas of the United States. (Added Pub. L. 92541, 
  Sec. 2(a), Oct. 24, 1972, 86 Stat. 1104, Sec. 5074; renumbered Sec. 
8214, Pub. L. 10240, title IV, Sec. 402(b)(2)(B), May 7, 1991, 
 105 Stat. 239; amended Pub. L. 10283, Sec. 4(b)(1), (2)(E), 
    Aug. 6, 1991, 105 Stat. 404, 405.) SUBCHAPTER IIGRANTS TO 
 AFFILIATED MEDICAL SCHOOLS ' 8221. Declaration of purpose The purpose 
of this subchapter is to authorize the Secretary to carry out a program 
 of grants to medical schools which have maintained affiliations with 
 the Department in order to assist such schools to expand and improve 
  their training capacities and to cooperate with institutions of the 
types assisted under subchapter III of this chapter in carrying out the 
purposes of such subchapter. (Added Pub. L. 92541, Sec. 2(a), 
Oct. 24, 1972, 86 Stat. 1104, Sec. 5081; renumbered Sec. 8221, Pub. L. 
  10240, title IV, Sec. 402(b)(2)(C), May 7, 1991, 105 Stat. 
239; amended Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 
      Aug. 6, 1991, 105 Stat. 404, 405.) ' 8222. Authorization of 
appropriations (a) There is authorized to be appropriated for carrying 
 out programs authorized under this chapter $50,000,000 for the fiscal 
 year ending June 30, 1973; a like sum for each of the six succeeding 
  fiscal years; $15,000,000 for the fiscal year ending September 30, 
 1980; $25,000,000 for the fiscal year ending September 30, 1981; and 
  $30,000,000 for the fiscal year ending September 30, 1982. (b) Sums 
 appropriated pursuant to subsection (a) of this section shall remain 
 available until the end of the sixth fiscal year following the fiscal 
  year for which they are appropriated. (c) There is authorized to be 
appropriated for fiscal year 1979 to carry out the programs authorized 
    under this chapter such sums as may be necessary (1) to make to 
institutions with which the Secretary has entered into agreements under 
    subchapter I of this chapter supplemental grants for which the 
  Secretary had, before May 1, 1978, approved applications from such 
    institutions, and (2) to meet fully the commitments made by the 
  Secretary before May 1, 1978, for grants and applications approved 
 under authority of this subchapter and subchapters III and IV of this 
chapter, except that no funds appropriated under this subsection may be 
  used for grants and applications approved under this subchapter and 
     such subchapters III and IV until the full amounts for which 
 applications had been so approved have been obligated under such sub-
chapter I. (Added Pub. L. 92541, Sec. 2(a), Oct. 24, 1972, 86 
Stat. 1104, Sec. 5082; amended Pub. L. 95520, Sec. 7, Oct. 26, 
 1978, 92 Stat. 1822; Pub. L. 96151, title I, Sec. 103(b)(1), 
      Dec. 20, 1979, 93 Stat. 1093; renumbered Sec. 8222, Pub. L. 
10240, titleIV, Sec. 402(b)(2)(C), May 7, 1991, 105 Stat. 239; 
 Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
 404, 405.) ' 8223. Grants (a) Any medical school which is affiliated 
 with the Department under an agreement entered into pursuant to this 
 title may apply to the Secretary for a grant under this subchapter to 
   assist such school, in part, to carry out, through the Department 
medical facility with which it is affiliated, projects and programs in 
 furtherance of the purposes of this subchapter, except that no grant 
 shall be made for the construction of any building which will not be 
   located on land under the jurisdiction of the Secretary. Any such 
   application shall contain such information in such detail as the 
  Secretary deems necessary and appropriate. (b) An application for a 
grant under this section may be approved by the Secretary only upon the 
 Secretarys determination that (1) the proposed projects 
 and programs for which the grant will be made will make a significant 
 contribution to improving the medical education (including continuing 
 education) program of the school; (2) the application contains or is 
 supported by adequate assurance that any Federal funds made available 
under this sub-chapter will be supplemented by funds or other resources 
   available from other sources, whether public or private; (3) the 
application sets forth such fiscal control and accounting procedures as 
may be necessary to assure proper disbursement of, and accounting for, 
 Federal funds expended under this subchapter; and (4) the application 
  provides for making such reports, in such form and containing such 
      information, as the Secretary may require to carry out the 
 Secretarys functions under this subchapter, and for keeping 
such records and for affording such access thereto as the Secretary may 
   find necessary to assure the correctness and verification of such 
 reports. (Added Pub. L. 92541, Sec. 2(a), Oct. 24, 1972, 86 
 Stat. 1104, Sec. 5083; amended Pub. L. 94581, title II, Sec. 
      207, 210(f)(4), Oct. 21, 1976, 90 Stat. 2860, 2865; Pub.L. 
96151, title I, Sec. 103(b)(2), Dec. 20, 1979, 93 Stat. 1093; 
     renumbered Sec. 8223, Pub. L. 10240, title IV, Sec. 
402(b)(2)(C), May 7, 1991, 105 Stat. 239; Pub. L. 102 83, Sec. 
   4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) 
 SUBCHAPTER IIIASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF 
   HIGHER LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS 
     AFFILIATED WITH THE DEPARTMENT TO INCREASE THE PRODUCTION OF 
PROFESSIONAL AND OTHER HEALTH PERSONNEL ' 8231. Declaration of purpose 
 The purpose of this subchapter is to authorize the Secretary to carry 
 out a program of grants to provide assistance in the establishment of 
cooperative arrangements among universities, colleges, junior colleges, 
  community colleges, schools of allied health professions, State and 
   local systems of education, hospitals, and other nonprofit health 
   manpower institutions affiliated with the Department, designed to 
   coordinate, improve, and expand the training of professional and 
  technical allied health and paramedical personnel, and to assist in 
    developing and evaluating new health careers, interdisciplinary 
 approaches and career advancement opportunities, so as to improve and 
  expand allied and other health manpower utilization. (Added Pub. L. 
  92541, Sec. 2(a), Oct. 24, 1972, 86 Stat. 1105, Sec. 5091; 
     renumbered Sec. 8231, Pub. L. 10240, title IV, Sec. 
       402(b)(2)(D), May 7, 1991, 105 Stat. 239; amended Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
Stat. 404, 405.) ' 8232. Definition For the purpose of this subchapter, 
 the term eligible institution means any 
      nonprofit educational facility or other public or nonprofit 
    institution, including universities, colleges, junior colleges, 
  community colleges, schools of allied health professions, State and 
   local systems of education, hospitals, and other nonprofit health 
manpower institutions for the training or education of allied health or 
 other health personnel affiliated with the Department for the conduct 
of or the providing of guidance for education and training programs for 
  health manpower. (Added Pub. L. 92541, Sec. 2(a), Oct. 24, 
     1972, 86 Stat. 1105, Sec. 5092; renumbered Sec. 8232, Pub. L. 
  10240, title IV, Sec. 402(b)(2)(D), May 7, 1991, 105 Stat. 
 239; amended Pub. L. 10283, Sec. 4(a)(3), (4), Aug. 6, 1991, 
 105 Stat. 404.) ' 8233. Grants (a) Any eligible institution may apply 
   to the Secretary for a grant under this subchapter to assist such 
 institution to carry out through the Department medical facility with 
   which it is, or will become affiliated, educational and clinical 
   projects and programs, matching the clinical requirements of the 
  facility to the health manpower training potential of the eligible 
        institution, for the expansion and improvement of such 
  institutions capacity to train health manpower, including 
  physicians assistants, nurse practitioners, and other new 
   types of health personnel in furtherance of the purposes of this 
subchapter. Any such application shall contain a plan to carry out such 
projects and programs and such other information in such detail as the 
  Secretary deems necessary and appropriate. (b) An application for a 
grant under this section may be approved by the Secretary only upon the 
 Secretarys determination that (1) the proposed projects 
 and programs for which the grant will be made will make a significant 
     contribution to improving the education (including continuing 
  education) or training program of the eligible institution; (2) the 
  application contains or is supported by adequate assurance that any 
      Federal funds made available under this sub-chapter will be 
supplemented by funds or other resources available from other sources, 
 whether public or private; (3) the application sets forth such fiscal 
control and accounting procedures as may be necessary to assure proper 
disbursement of, and accounting for, Federal funds expended under this 
 subchapter; and (4) the application provides for making such reports, 
  in such form and containing such information, as the Secretary may 
   require to carry out the Secretarys functions under this 
subchapter, and for keeping such records and for affording such access 
 thereto as the Secretary may find necessary to assure the correctness 
 and verification of such reports. (Added Pub. L. 92541, Sec. 
    2(a), Oct. 24, 1972, 86 Stat. 1106, Sec. 5093; amended Pub. L. 
94581, title II, Sec. 210(f)(5), Oct. 21, 1976, 90 Stat. 2866; 
  Pub. L. 96330, title IV, Sec. 405, Aug. 26, 1980, 94 Stat. 
  1052; renumbered Sec. 8233, Pub. L. 102 40, title IV, Sec. 
402(b)(2)(D), May 7, 1991, 105 Stat. 239; Pub. L. 10283, Sec. 
   4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) 
   SUBCHAPTER IVEXPANSION OF DEPARTMENT HOSPITAL EDUCATION AND 
  TRAINING CAPACITY ' 8241. Expenditures to remodel and make special 
 allocations to Department hospitals for health manpowereducation and 
 training Out of funds appropriated to the Department pursuant to the 
 authorization in section 8222 of this title, the Secretary may expend 
such sums as the Secretary deems necessary, not to exceed 30 per centum 
   thereof, for (1) the necessary extension, expansion, alteration, 
    improvement, remodeling, or repair of Department buildings and 
 structures (including provision of initial equipment, replacement of 
   obsolete or worn-out equipment, and, where necessary, addition of 
   classrooms, lecture facilities, laboratories, and other teaching 
 facilities) to the extent necessary to make them suitable for use for 
   health manpower education and training in order to carry out the 
   purpose set forth in section 7302, and (2) special allocations to 
 Department hospitals and other medical facilities for the development 
 or initiation of improved methods of education and training which may 
include the development or initiation of plans which reduce the period 
 of required education and training for health personnel but which do 
not adversely affect the quality of such education or training. (Added 
 Pub. L. 92541, Sec. 2(a), Oct. 24, 1972, 86 Stat. 1106, Sec. 
 5096; amended Pub. L. 94581, title II, Sec. 210(f)(6), Oct. 
   21, 1976, 90 Stat. 2866; renumbered Sec. 8241 and amended Pub. L. 
10240, title IV, Sec. 402(b)(2)(E), (d)(1), 403(b)(7), May 7, 
 1991, 105 Stat. 239, 240; Pub. L. 10283, Sec. 4(a)(3), (4), 
(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) CHAPTER 83 OF TITLE 
38, UNITED STATES CODE [As Amended Through P.L. 1127, Enacted 
March 31, 2011] 1119 xTITLE 38VETERANS BENEFITS 
 xPART VIACQUISITION AND DISPOSITION OF PROPERTY CHAPTER 
83ACCEPTANCE OF GIFTS AND BEQUESTS Sec. 8301. Authority to accept 
gifts, devises, and bequests. 8302. Legal proceedings. 8303. Restricted 
gifts. 8304. Disposition of property. 8305. Savings provision. ' 8301. 
  Authority to accept gifts, devises, and bequests The Secretary may 
 accept devises, bequests, and gifts, made in any manner, with respect 
to which the testator or donor shall have indicated the intention that 
such property shall be for the benefit of groups of persons formerly in 
   the active military, naval, or air service who by virtue of such 
  service alone, or disability suffered therein or therefrom, are or 
  shall be patients or members of any one or more hospitals or homes 
    operated by the United States Government, or has indicated the 
   intention that such property shall be for the benefit of any such 
  hospital or home, or shall be paid or delivered to any official, as 
 such, or any agency in administrative control thereof. The Secretary 
 may also accept, for use in carrying out all laws administered by the 
    Secretary, gifts, devises, and bequests which will enhance the 
 Secretarys ability to provide services or benefits. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1254, Sec. 5101; Pub. L. 
99576, title VII, Sec. 701(89), Oct. 28, 1986, 100 Stat. 3299; 
renumbered Sec. 8301, Pub. L. 10240, title IV, Sec. 402(b)(1), 
   May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(b)(1), 
(2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 10286, title 
 V, Sec. 504, Aug. 14, 1991, 105 Stat. 426.) ' 8302. Legal proceedings 
 For the purpose of acquiring title to and possession of any property 
   which the Secretary is by this chapter authorized to accept, the 
Secretary may initiate and appear in any appropriate legal proceedings, 
   and take such steps therein or in connection therewith as in the 
  Secretarys discretion may be desirable and appropriate to 
   reduce said property to possession. The Secretary may incur such 
expenses incident to such proceedings as the Secretary deems necessary 
    or appropriate, which shall be paid as are other administrative 
  expenses of the Department. All funds received by devise, bequest, 
  gift, or otherwise, for the purposes contemplated in this chapter, 
 including net proceeds of sales authorized by this chapter, shall be 
deposited with the Treasurer of the United States to the credit of the 
  General Post Fund. 1121 (Pub. L. 85857, Sept. 2, 1958, 72 
Stat. 1254, Sec. 5102; Pub. L. 99576, title VII, Sec. 701(90), 
     Oct. 28, 1986, 100 Stat. 3299; renumbered Sec. 8302, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
  Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 
1991, 105 Stat. 404, 405.) ' 8303. Restricted gifts Disbursements from 
    the General Post Fund shall be made on orders by and within the 
  discretion of the Secretary and in the manner prescribed in section 
   8523 of this title; except that (1) if the testator or donor has 
 directed or shall direct that the devise, bequest, or gift be devoted 
to a particular use authorized by this chapter, the same, less expenses 
 incurred, or the net proceeds thereof, shall be used or disbursed as 
  directed, except that a precatory direction shall be fulfilled only 
  insofar as may be proper or practicable; and (2) if the testator or 
donor shall have indicated the desire that the devise, bequest, or gift 
  shall be for the benefit of persons in hospitals or homes, or other 
 institutions operated by the United States but under the jurisdiction 
   of an official other than the Secretary, the same, less expenses 
incurred, or the net proceeds thereof which may come into possession of 
    the Secretary, shall be disbursed by transfer to the governing 
 authorities of such institution, or otherwise, in such manner as the 
    Secretary may determine, for the benefit of the persons in the 
institution indicated by the testator or donor, for proper purposes, as 
nearly as practicable in conformity with such desire of the testator or 
  donor. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1255, Sec. 
 5103; Pub. L. 99576, title VII, Sec. 701(91), Oct. 28, 1986, 
       100 Stat. 3299; renumbered Sec. 8303 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
 Stat. 238, 239; Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 
   1991, 105 Stat. 404, 405.) ' 8304. Disposition of property If the 
 Secretary receives any property other than moneys as contemplated by 
 this chapter, the Secretary is authorized in the Secretarys 
   discretion to sell, assign, transfer, and convey the same, or any 
 interest therein claimed by virtue of such devise, bequest, or gift, 
for such price and upon such terms as the Secretary deems advantageous 
 (including consent to partition of realty and compromise of contested 
claim of title) and the Secretarys assignment, deed, or other 
conveyance of any such property, executed in the name and on behalf of 
the United States, shall be valid to pass to the purchaser thereof such 
title to said property as the United States, beneficially or as trustee 
   of the General Post Fund, may have by virtue of any such devise, 
bequest, or gift, and the proceedings incident thereto, subject to the 
conditions, limitations, and provisions of the instruments so executed 
  by the Secretary. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
1255, Sec. 5104; Pub. L. 99576, title VII, Sec. 701(92), Oct. 
28, 1986, 100 Stat. 3299; renumbered Sec. 8304, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 
 405.) ' 8305. Savings provision (a) Nothing contained in this chapter 
    shall be construed to repeal or modify any law authorizing the 
  acceptance of devises, bequests, or gifts to the United States for 
 their own use and benefit or for any particular purpose specified by 
   the donors or testators. (b) Whenever the United States receives 
 property and it appears that it is, or shall have been, the intention 
of the testator or donor that such devise, bequest, or gift be for the 
 benefit of those persons described in section 8301 of this title, or 
  any particular hospital or other institution operated primarily for 
their benefit, such property or the proceeds thereof shall be credited 
to the General Post Fund, and shall be used or disbursed in accordance 
with the provisions of this chapter. (Pub. L. 85857, Sept. 2, 
 1958, 72 Stat. 1255, Sec. 5105; renumbered Sec. 8305 and amended Pub. 
 L. 10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
Stat. 238, 239.) CHAPTER 85 OF TITLE 38, UNITED STATES CODE [As Amended 
    Through P.L. 1127, Enacted March 31, 2011] 1125 xTITLE 
38VETERANS BENEFITS xPART VIACQUISITION AND 
DISPOSITION OF PROPERTY CHAPTER 85DISPOSITION OF DECEASED 
 VETERANS PERSONAL PROPERTY SUBCHAPTER IPROPERTY LEFT ON 
 DEPARTMENT FACILITY Sec. 8501. Vesting of property left by decedents. 
   8502. Disposition of unclaimed personal property. 8503. Notice of 
  provisions of this subchapter.8504. Disposition of other unclaimed 
property. 8505. Sale or other disposition of property. 8506. Notice of 
sale. 8507. Payment of small shipping charges. 8508. Relinquishment of 
 Federal jurisdiction. 8509. Definitions. 8510. Finality of decisions. 
  SUBCHAPTER IIDEATH WHILE PATIENT OF DEPARTMENT FACILITY 8520. 
Vesting of property left by decedents.8521. Presumption of contract for 
 disposition of personalty. 8522. Sale of assets accruing to the Fund. 
8523. Disbursements from the Fund. 8524. Disposal of remaining assets. 
8525. Court actions. 8526. Filing of claims for assets.8527. Notice of 
  provisions of subchapter. 8528. Investment of the Fund. SUBCHAPTER 
IPROPERTY LEFT ON DEPARTMENT FACILITY ' 8501. Vesting of property 
   left by decedents (a) Personal property left by any decedent upon 
 premises used as a Department facility, which premises are subject to 
  the exclusive legislative jurisdiction of the United States and are 
within the exterior boundaries of any State or dependency of the United 
 States, shall vest and be disposed of as provided in this subchapter, 
   except that (1) if such person died leaving a last will and 
testament probated under the laws of the place of such persons 
  domicile or under the laws of the State or dependency of the United 
States within the exterior boundaries of which such premises or a part 
 thereof may be, the personal property of such decedent situated upon 
  such premises shall vest in the person or persons entitled thereto 
 under the provisions of such last will and testament; and (2) if such 
 person died leaving any such property not disposed of by a last will 
and testament probated in accord with 1127 the provisions of paragraph 
   (1) such property shall vest in the persons entitled to take such 
 property by inheritance under and upon the conditions provided by the 
law of the decedents domicile. This paragraph shall not apply 
 to property to which the United States is entitled except where such 
title is divested out of the United States. (b) Any officer or employee 
  of the United States in possession of any such property may deliver 
same to the executor (or the administrator with will annexed) who shall 
have qualified in either jurisdiction as provided in subsection (a)(1); 
 or if none such then to the domiciliary administrator or to any other 
 qualified administrator who shall demand such property. When delivery 
     shall have been made to any such executor or administrator in 
  accordance with this subsection, neither the United States nor any 
    officer or employee thereof shall be liable therefor. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1256, Sec. 5201; Pub. L. 
99576, title VII, Sec. 701(93), Oct. 28, 1986, 100 Stat. 3299; 
renumbered Sec. 8501, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 
Aug. 6, 1991, 105 Stat. 404.) ' 8502. Disposition of unclaimed personal 
  property (a) Notwithstanding the provisions of section 8501 of this 
   title, the Secretary may dispose of the personal property of such 
decedent left or found upon such premises as hereafter provided in this 
subchapter. (b) If any veteran (admitted as a veteran), or a dependent 
or survivor of a veteran receiving care under the penultimate sentence 
   of section 1781(b) of this title, upon such persons last 
     admission to, or during such persons last period of 
 maintenance in, a Department facility, has personal property situated 
on such facility and shall have designated in writing a person (natural 
or corporate) to receive such property when such veteran, dependent or 
 survivor dies, the Secretary or employee of the Department authorized 
 by the Secretary so to act, may transfer possession of such personal 
  property to the person so designated. If there exists no person so 
  designated by such veteran, dependent, or survivor or if the one so 
designated declines to receive such property, or failed to request such 
    property within ninety days after the Department mails to such 
  designate a notice of death and of the fact of such designation, a 
 description of the property, and an estimate of transportation cost, 
which shall be paid by such designate if required under the regulations 
    hereinafter mentioned, or if the Secretary declines to transfer 
 possession to such designate, possession of such property may in the 
   discretion of the Secretary or the Secretarys designated 
 subordinate, be transferred to the following persons in the order and 
 manner herein specified unless the parties otherwise agree in writing 
 delivered to the Department, namely, executor or administrator, or if 
      no notice of appointment received, to the spouse, children, 
grandchildren, parents, grandparents, siblings of the veteran. If claim 
   is made by two or more such relatives having equal priorities, as 
    hereinabove prescribed, or if there are conflicting claims the 
Secretary or the Secretarys designee may in such case deliver 
  the property either jointly or separately in equal values, to those 
equally entitled thereto or may make delivery as may be agreed upon by 
   those entitled, or may in the discretion of the Secretary or the 
 Secretarys designee withhold delivery from them and require 
       the qualification of an administrator or executor of the 
 veterans estate and thereupon make delivery to such. (c) If 
    the property of any decedent is not so delivered or claimed and 
accepted the Secretary or the Secretarys designee may dispose 
   of such property by public or private sale in accordance with the 
    provisions of this subchapter and regulations prescribed by the 
  Secretary. (d) All sales authorized by this subchapter shall be for 
  cash upon delivery at the premises where sold and without warranty, 
  express or implied. The proceeds of such sales after payment of any 
expenses incident thereto as may be prescribed by regulations, together 
 with any other moneys left or found on a facility, not disposed of in 
accordance with this subchapter, shall be credited to the General Post 
  Fund, National Homes, Department of Veterans Affairs, a trust fund 
  provided for in section 1321(a)(45) of title 31. In addition to the 
   purposes for which such fund may be used under the existing law, 
 disbursements may be made therefrom as authorized by the Secretary by 
    regulation or otherwise for the purpose of satisfying any legal 
 liability incurred by any employee in administering the provisions of 
     this subchapter, including any expense incurred in connection 
therewith. Legal liability shall not exist when delivery or sale shall 
      have been made in accordance with this sub-chapter. (e) If, 
 notwithstanding such sale, a claim is filed with the Secretary within 
five years after notice of sale as herein required, by or on behalf of 
  any person or persons who if known would have been entitled to the 
  property under section 8501 of this title or to possession thereof 
under this section, the Secretary shall determine the person or persons 
 entitled under the provisions of this sub-chapter and may pay to such 
 person or persons so entitled the proceeds of sale of such property, 
 less expenses. Such payment shall be made out of the said trust fund, 
 and in accord with the provisions of this section or section 8501 of 
this title. Persons under legal disability to sue in their own name may 
make claim for the proceeds of sale of such property at any time within 
  five years after termination of such legal disability. (f) Any such 
  property, the sale of which is authorized under this subchapter and 
which remains unsold, may be used, destroyed, or otherwise disposed of 
 in accordance with regulations promulgated by the Secretary. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1257, Sec. 5202; Pub. L. 
 94581, title II, Sec. 208(a), Oct. 21, 1976, 90 Stat. 2860; 
 Pub. L. 97258, Sec. 3(k)(9), Sept. 13, 1982, 96 Stat. 1066; 
  Pub. L. 99576, title VII, Sec. 701(94), Oct. 28, 1986, 100 
 Stat. 3299; renumbered Sec. 8502 and amended Pub. L. 10240, 
title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. 
 L. 10254, Sec. 14(f)(11), June 13, 1991, 105 Stat. 288; Pub. 
L. 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 
 1991, 105 Stat. 404406; Pub. L. 103446, title XII, 
        Sec. 1201(i)(11), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 
  107135, title II, Sec. 208(e)(9), Jan. 23, 2002, 115 Stat. 
  2464.) ' 8503. Notice of provisions of this subchapter All persons 
 having or bringing personal property on the premises of a Department 
  facility shall be given reasonable notice of the provisions of this 
  subchapter. In case of a mentally incompetent person, notice hereof 
 shall be given the guardian or other person having custody or control 
 of such person or, if none, to such persons nearest relative 
 if known. The admission to or continued maintenance in such facility 
  after reasonable notice of the provisions of this subchapter shall 
constitute consent to the provisions hereof. The death of any person on 
  any such facility or the leaving of property thereon shall be prima 
    facie evidence of a valid agreement for the disposition of such 
property in accordance with the provisions of this subchapter. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1258, Sec. 5203; Pub. L. 
99576, title VII, Sec. 701(95), Oct. 28, 1986, 100 Stat. 3300; 
renumbered Sec. 8503, Pub. L. 10240,title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 
 Aug. 6, 1991, 105 Stat. 404.) ' 8504. Disposition of other unclaimed 
 property Any other unclaimed property found on the premises under the 
 control of the Department shall be stored by the officer in charge of 
 such premises and may be sold, used, destroyed, or otherwise disposed 
 of in accordance with regulations promulgated by the Secretary if the 
owner thereof fails to claim same within ninety days. If undisposed of, 
the same may be reclaimed by the owner, such persons personal 
   representative or next of kin, upon payment of reasonable storage 
 charges prescribed by regulations. If sold, the net proceeds thereof 
 shall be credited to said post fund to be expended as other assets of 
   such fund. The person who was entitled to such property, or such 
 persons legal representative, or assignee, shall be paid the 
   proceeds of sale thereof, less expenses if claim therefor be made 
  within five years from the date of finding. If the owner shall have 
    died intestate without creditors or next of kin surviving, such 
       proceeds shall not be paid to such persons legal 
representative. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1258, 
 Sec. 5204; Pub. L. 99576, title VII, Sec. 701(96), Oct. 28, 
  1986, 100 Stat. 3300; renumbered Sec. 8504, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
  Stat. 404, 405.) ' 8505. Sale or other disposition of property Any 
unclaimed personal property as described in section 8502 of this title 
  of veterans who have heretofore died or who may hereafter die while 
  maintained as such in a Department facility, and also any unclaimed 
 property heretofore or hereafter found or situated in such facility, 
 may be sold, used, destroyed, or otherwise disposed of in accordance 
  with this subchapter, and subject to regulations promulgated by the 
 Secretary pursuant hereto; and the net proceeds of sale thereof shall 
    be credited and be subject to disbursement as provided in this 
subchapter. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1258, Sec. 
 5205; renumbered Sec. 8505 and amended Pub. L. 10240, title 
 IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
Stat. 404, 405.) ' 8506. Notice of sale At least ninety days before any 
 sale pursuant to this sub-chapter, written or printed notice thereof 
describing the property to be sold shall be mailed to the owner of the 
     property or, if deceased, to the owners executor or 
administrator, or to the nearest kin, if any such appear by the records 
  of the Department. If none such appears from said records, similar 
  notice shall be posted at the facility where the death occurred or 
property shall have been found (if in existence) and at the place where 
 such property is situated at the time of such notice, and also at the 
 place where probate notices are posted in the county wherein the sale 
 is to be had. The person posting such notice shall make an affidavit 
setting forth the time and place of such posting and attaching thereto 
a copy of such notice, and such affidavit shall be prima facie evidence 
of such posting and admissible in evidence as proof of the same. (Pub. 
  L. 85857, Sept. 2, 1958, 72 Stat. 1258, Sec. 5206; Pub. L. 
99576, title VII, Sec. 701(97), Oct. 28, 1986, 100 Stat. 3300; 
renumbered Sec. 8506, Pub. L. 10240, title IV, Sec. 402(b)(1), 
May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 
Aug. 6, 1991, 105 Stat. 404.) ' 8507. Payment of small shipping charges 
 Upon receipt of a proper claim for such property under the provisions 
     of this subchapter the Secretary is hereby authorized, in the 
   Secretarys discretion and in accordance with regulations 
prescribed by the Secretary, to pay mailing or shipping charges not to 
exceed $25 in the case of each deceased veteran as hereinabove defined. 
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1259, Sec. 5207; Pub. 
 L. 99576, title VII, Sec. 701(98), Oct. 28, 1986, 100 Stat. 
  3300; renumbered Sec. 8507, Pub. L. 10240, title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 
      4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 8508. 
  Relinquishment of Federal jurisdiction Subject to the provisions of 
this subchapter and to the extent necessary to effectuate the purposes 
  of this subchapter, there is hereby relinquished to the respective 
 State or dependency of the United States such jurisdiction pertaining 
to the administration of estates of decedents as may have been ceded to 
  the United States by said State or dependency of the United States 
respecting the Federal reservation on which is situated any Department 
   facility while such facility is operated by the Department; such 
jurisdiction with respect to any such property on any such reservation 
to be to the same extent as if such premises had not been ceded to the 
 United States. Nothing in this section shall be construed to deprive 
any State or dependency of the United States of any jurisdiction which 
  it now has nor to give any State, possession, or dependency of the 
   United States authority over any Federal official as such on such 
premises or otherwise. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 
 1259, Sec. 5208; renumbered Sec. 8508, Pub. L. 10240, title 
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, 
 Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.) ' 8509. Definitions 
          The term facility or 
 Department facility as used in this sub-
chapter means those facilities over which the Department has direct and 
  exclusive administrative jurisdiction, including hospitals or other 
   facilities on property owned or leased by the United States while 
operated by the Department. (Pub. L. 85857, Sept. 2, 1958, 72 
 Stat. 1259, Sec. 5209; renumbered Sec. 8509, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
  10283, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.) ' 
   8510. Finality of decisions Decisions by the Secretary under this 
   subchapter shall not be reviewable administratively by any other 
 officer of the United States. (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1259, Sec. 5210; renumbered Sec. 8510, Pub. L. 10240, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
  10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 
 405.) SUBCHAPTER IIDEATH WHILE PATIENT OF DEPARTMENT FACILITY ' 
 8520. Vesting of property left by decedents (a) Whenever any veteran 
   (admitted as a veteran), or a dependent or survivor of a veteran 
  receiving care under the penultimate sentence of section 1781(b) of 
this title, shall die while a member or patient in any facility, or any 
    hospital while being furnished care or treatment therein by the 
 Department, and shall not leave any surviving spouse, next of kin, or 
 heirs entitled, under the laws of the decedents domicile, to 
 the decedents personal property as to which such person dies 
  intestate, all such property, including money and choses in action, 
 owned by such person at the time of death and not disposed of by will 
or otherwise, shall immediately vest in and become the property of the 
 United States as trustee for the sole use and benefit of the General 
     Post Fund (hereinafter in this subchapter referred to as the 
Fund), a trust fund prescribed by section 
   1321(a)(45) of title 31. (b) The provisions of subsection (a) are 
conditions precedent to the initial, and also to the further furnishing 
 of care or treatment by the Department in a facility or hospital. The 
  acceptance and the continued acceptance of care or treatment by any 
 veteran (admitted as a veteran to a Department facility or hospital) 
shall constitute an acceptance of the provisions and conditions of this 
  subchapter and have the effect of an assignment, effective at such 
 persons death, of such assets in accordance with and subject 
    to the provisions of this subchapter and regulations issued in 
  accordance with this subchapter. (Pub. L. 85857, Sept. 2, 
1958, 72 Stat. 1259, Sec. 5220; Pub. L. 94581, title II, Sec. 
  208(b), Oct. 21, 1976, 90 Stat. 2860; Pub. L. 97258, Sec. 
 3(k)(9), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 99576, title 
VII, Sec. 701(99), Oct. 28, 1986, 100 Stat. 3300; renumbered Sec. 8520, 
  Pub. L. 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 
Stat. 238; Pub. L. 10283, Sec. 4(a)(3), (4), 5(c)(1), Aug. 6, 
 1991, 105 Stat. 404, 406; Pub. L. 10714, Sec. 8(a)(16), June 
    5, 2001, 115 Stat. 35; Pub. L. 107135, title II, Sec. 
   208(e)(9), Jan. 23, 2002, 115 Stat. 2464.) ' 8521. Presumption of 
 contract for disposition of personalty The fact of death of a veteran 
 (admitted as such), or a dependent or survivor of a veteran receiving 
 care under the penultimate sentence of section 1781(b) of this title, 
  in a facility or hospital, while being furnished care or treatment 
 therein by the Department, leaving no spouse, next of kin, or heirs, 
shall give rise to a conclusive presumption of a valid contract for the 
  disposition in accordance with this subchapter, but subject to its 
  conditions, of all property described in section 8520 of this title 
   owned by said decedent at death and as to which such person dies 
intestate. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1260, Sec. 
5221; Pub. L. 94581, title II, Sec. 208(c), Oct. 21, 1976, 90 
Stat. 2860; Pub. L. 99576, title VII, Sec. 701(100), Oct. 28, 
    1986, 100 Stat. 3300; renumbered Sec. 8521 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
  Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), 5(c)(1), 
 Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 107135, title II, 
Sec. 208(e)(9), Jan. 23, 2002, 115 Stat. 2464.) ' 8522. Sale of assets 
accruing to the Fund Any assets heretofore or hereafter accruing to the 
benefit of the Fund, other than money, but including jewelry and other 
personal effects, may be sold at the times and places and in the manner 
prescribed by regulations issued by the Secretary. Upon receipt of the 
 purchase price the Secretary is authorized to deliver at the place of 
   sale, said property sold, and upon request to execute and deliver 
appropriate assignments or other conveyances thereof in the name of the 
United States, which shall pass to the purchaser such title as decedent 
 had at date of death. The net proceeds after paying any proper sales 
 expense as determined by the Secretary shall forthwith be paid to the 
 Treasurer of the United States to the credit of the Fund; and may be 
     disbursed as are other moneys in the Fund by the Division of 
   Disbursements, Treasury Department, upon order of said Secretary. 
   Articles of personal adornment which are obviously of sentimental 
 value, shall be retained and not sold or otherwise disposed of until 
  the expiration of five years from the date of death of the veteran, 
 without a claim therefor, unless for sanitary or other proper reasons 
    it is deemed unsafe to retain same, in which event they may be 
 destroyed forthwith. Any other articles coming into possession of the 
 Secretary or the Secretarys representative by virtue of this 
 subchapter which, under regulations promulgated by the Secretary, are 
 determined to be unsalable may be destroyed forthwith or at the time 
 prescribed by regulations, or may be used for the purposes for which 
 disbursements might properly be made from the Fund, or if not usable, 
    otherwise disposed of in accordance with regulations. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1260, Sec. 5222; Pub. L. 
  99576, title VII, Sec. 701(101), Oct. 28, 1986, 100 Stat. 
  3300; renumbered Sec. 8522, Pub. L. 102 40, title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 
      4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 8523. 
 Disbursements from the Fund Disbursements from the Fund shall be made 
 by the Division of Disbursements, Treasury Department, upon the order 
 and within the discretion of the Secretary for the benefit of members 
 and patients while being supplied care or treatment by the Department 
 in any facility or hospital. The authority contained in the preceding 
    sentence is not limited to facilities or hospitals under direct 
 administrative control of the Department. There shall be paid out of 
    the assets of the decedent so far as may be the valid claims of 
 creditors against the decedents estate that would be legally 
  payable therefrom in the absence of this subchapter and without the 
  benefit of any exemption statute, and which may be presented to the 
Department within one year from the date of death, or within the time, 
 to the person, and in the manner required or permitted by the law of 
the State wherein administration, if any, is had upon the estate of the 
      deceased veteran; and also the proper expenses and costs of 
 administration, if any. If the decedents estate is insolvent 
 the distribution to creditors shall be in accordance with the laws of 
  the decedents domicile, and the preferences and priorities 
 prescribed thereby shall govern, subject to any applicable law of the 
 United States. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1260, 
 Sec. 5223; Pub. L. 99576, title VII, Sec. 701(102), Oct. 28, 
 1986, 100 Stat. 3300; renumbered Sec. 8523, Pub. L. 102 40, 
     title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
 10283, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
Stat. 404, 405.) ' 8524. Disposal of remaining assets The remainder of 
such assets or their proceeds shall become assets of the United States 
    as trustee for the Fund and disposed of in accordance with this 
  subchapter. If there is administration upon the decedents 
 estate such assets, other than money, upon claim therefor within the 
 time required by law, shall be delivered by the administrator of the 
     estate to the Secretary or the Secretarys authorized 
  representative, as upon final distribution; and upon the same claim 
there shall be paid to the Treasurer of the United States for credit to 
   the Fund any such money, available for final distribution. In the 
    absence of administration, any money, chose in action, or other 
 property of the deceased veteran held by any person shall be paid or 
   transferred to the Secretary upon demand by the Secretary or the 
 Secretarys duly authorized representative, who shall deliver 
itemized receipt therefor. Such payment or transfer shall constitute a 
 complete acquittance of the transferor with respect to any claims by 
any administrator, creditor, or next of kin of such decedent. (Pub. L. 
   85857, Sept. 2, 1958, 72 Stat. 1261, Sec. 5224; Pub. L. 
  99576, title VII, Sec. 701(103), Oct. 28, 1986, 100 Stat. 
  3300; renumbered Sec. 8524, Pub. L. 102 40, title IV, Sec. 
  402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, Sec. 
   4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 8525. Court 
 actions If necessary to obtain such assets the Secretary, through the 
   Secretarys authorized attorneys, may bring and prosecute 
 appropriate actions at law or other legal proceedings, the costs and 
expenses thereof to be paid as are other administrative expenses of the 
Department. (Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1261, Sec. 
5225; Pub. L. 99576, title VII, Sec. 701(104), Oct. 28, 1986, 
 100 Stat. 3301; renumbered Sec. 8525, Pub. L. 102 40, title 
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, 
Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 
8526. Filing of claims for assets Notwithstanding the crediting to said 
Fund of the assets, or proceeds thereof, of any decedent, whether upon 
 determination by a court or the Department pursuant to the provisions 
  of section 8520 of this title, any person claiming a right to such 
  assets may within five years after the death of the decedent file a 
    claim on behalf of such person and any other claiming with the 
  Secretary. Upon receipt of due proof that any person was at date of 
    death of the veteran entitled to the veterans personal 
property, or a part thereof, under the laws of the State of domicile of 
the decedent, the Secretary may pay out of the Fund, but not to exceed 
  the net amount credited thereto from said decedents estate 
   less any necessary expenses, the amount to which such person, or 
persons, was or were so entitled, and upon similar claim any assets of 
 the decedent which shall not have been disposed of shall be delivered 
   in kind to the parties legally entitled thereto. If any person so 
    entitled is under legal disability at the date of death of such 
   decedent, such five-year period of limitation shall run from the 
termination or removal of legal disability. In the event of doubt as to 
     entitlement, the Secretary may cause administration or other 
     appropriate proceedings to be instituted in any court having 
 jurisdiction. In determining questions of fact or law involved in the 
adjudication of claims made under this section, no judgment, decree, or 
  order entered in any action at law, suit in equity, or other legal 
proceeding of any character purporting to determine entitlement to said 
assets or any part thereof, shall be binding upon the United States or 
   the Secretary or determinative of any fact or question involving 
 entitlement to any such property or the proceeds thereof, or any part 
   of the Fund, unless the Secretary has been seasonably served with 
 notice and permitted to become a party to such suit or proceeding if 
 the Secretary makes a request therefor within thirty days after such 
  notice. Notice may be served in person or by registered mail or by 
  certified mail upon the Secretary, or upon the Secretarys 
authorized attorney in the State wherein the action or proceedings may 
      be pending. Notice may be waived by the Secretary or by the 
 Secretarys authorized attorney, in which event the finding, 
judgment, or decree shall have the same effect as if the Secretary were 
 a party and served with notice. Any necessary court costs or expenses 
if authorized by the Secretary may be paid as are other administrative 
expenses of the Department. (Pub. L. 85857, Sept. 2, 1958, 72 
  Stat. 1261, Sec. 5226; Pub. L. 86507, Sec. 1(33), June 11, 
 1960, 74 Stat. 202; Pub. L. 99576, title VII, Sec. 701(105), 
Oct. 28, 1986, 100 Stat. 3301; renumbered Sec. 8526 and amended Pub. L. 
  10240, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 
  Stat. 238, 239; Pub. L. 10283, Sec. 4(a)(3), (4), (b)(1), 
(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) ' 8527. Notice of provisions 
 of subchapter The Secretary shall prescribe a form of application for 
 hospital treatment and domiciliary care which shall include notice of 
 the provisions of this subchapter. (Pub. L. 85857, Sept. 2, 
     1958, 72 Stat. 1262, Sec. 5227; renumbered Sec. 8527, Pub. L. 
 10240, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; 
 Pub. L. 10283, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
    404, 405.) ' 8528. Investment of the Fund Money in the Fund not 
 required for current disbursements may be invested and reinvested by 
 the Secretary of the Treasury in interest-bearing obligations of the 
  United States or in obligations guaranteed as to both principal and 
interest by the United States. (Pub. L. 85857, Sept. 2, 1958, 
72 Stat. 1262, Sec. 5228; renumbered Sec. 8528, Pub. L. 10240, 
 title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.) SERVICEMEMBERS 
 CIVIL RELIEF ACT HOW TO FIND SUBSEQUENT AMENDMENTS For changes after 
the closing date of this compilation (March 31, 2011) to any section of 
    the Servicemembers Civil Relief Act, see the United States Code 
 reference for that section (50 U.S.C. App. 5xx) in the United States 
Code Classification Tables published by the Office of the Law Revision 
  Counsel of the House of Representatives at http://uscode.house.gov/
classification/tables.shtml. (ii) SERVICEMEMBERS CIVIL RELIEF ACT 1 [As 
 Amended Through P.L. 1127, Enacted March 31, 2011] AN ACT to 
 promote and strengthen the national defense by suspending enforcement 
of certain civil liabilities of certain persons serving in the Military 
 and Naval Establishments, including the Coast Guard. Be it enacted by 
the Senate and House of Representatives of the United States of America 
  in Congress assembled, SECTION 1. [50 U.S.C. App. 501] SHORT TITLE; 
 TABLE OF CONTENTS. (a) SHORT TITLE.This Act may be cited as the 
  Servicemembers Civil Relief Act. (b) 
TABLE OF CONTENTS.The table of contents of this Act is as follows: 
 Sec. 1. [50 U.S.C. App. 501] Short title; table of contents. Sec. 2. 
[50 U.S.C. App. 502] Purpose. TITLE IGENERAL PROVISIONS Sec. 101. 
   [50 U.S.C. App. 511] Definitions. Sec. 102. [50 U.S.C. App. 512] 
 Jurisdiction and applicability of act. Sec. 103. [50 U.S.C. App. 513] 
  Protection of persons secondarily liable. Sec. 104. [50 U.S.C. App. 
 514] Extension of protections to citizens serving with allied forces. 
Sec. 105. [50 U.S.C. App. 515] Notification of benefits. Sec. 106. [50 
   U.S.C. App. 516] Extension of rights and protections to Reserves 
ordered to report for military service and to persons ordered to report 
for induction. Sec. 107. [50 U.S.C. App. 517] Waiver of rights pursuant 
to written agreement. Sec. 108. [50 U.S.C. App. 518] Exercise of rights 
  under Act not to affect certain future financial transactions. Sec. 
 109. [50 U.S.C. App. 519] Legal representatives. TITLE IIGENERAL 
  RELIEF Sec. 201. [50 U.S.C. App. 521] Protection of servicemembers 
   against default judgments. Sec. 202. [50 U.S.C. App. 522] Stay of 
 proceedings when servicemember has notice. Sec. 203. [50 U.S.C. App. 
  523] Fines and penalties under contracts. Sec. 204. [50 U.S.C. App. 
   524] Stay or vacation of execution of judgments, attachments, and 
   garnishments. Sec. 205. [50 U.S.C. App. 525] Duration and term of 
  stays; codefendants not in service. Sec. 206. [50 U.S.C. App. 526] 
Statute of limitations. Sec. 207. [50 U.S.C. App. 527] Maximum rate of 
   interest on debts incurred before military service. 1 Public Law 
 108189 (enacted December 19, 2003; 117 Stat. 2835) restated, 
 clarified, and revised this Act as then in existence. As part of that 
     restatement, the short title of the Act was changed from the 
Soldiers and Sailors Civil Relief Act of 
 1940 to the Servicemembers Civil Relief 
  Act. 1 TITLE IIIRENT, INSTALLMENT CONTRACTS, 
MORTGAGES, LIENS, ASSIGNMENT, LEASES, TELEPHONE SERVICE CONTRACTS Sec. 
301. [50 U.S.C. App. 531] Evictions and distress. Sec. 302. [50 U.S.C. 
App. 532] Protection under installment contracts for purchase or lease. 
Sec. 303. [50 U.S.C. App. 533] Mortgages and trust deeds. Sec. 304. [50 
   U.S.C. App. 534] Settlement of stayed cases relating to personal 
property. Sec. 305. [50 U.S.C. App. 535] Termination of residential or 
   motor vehicle leases. Sec. 305A. Termination of telephone service 
contracts. Sec. 306. [50 U.S.C. App. 536] Protection of life insurance 
 policy. Sec. 307. [50 U.S.C. App. 537] Enforcement of storage liens. 
Sec. 308. [50 U.S.C. App. 538] Extension of protections to dependents. 
TITLE IVLIFE INSURANCE Sec. 401. [50 U.S.C. App. 541] Definitions. 
 Sec. 402. [50 U.S.C. App. 542] Insurance rights and protections. Sec. 
 403. [50 U.S.C. App. 543] Application for insurance protection. Sec. 
404. [50 U.S.C. App. 544] Policies entitled to protection and lapse of 
policies. Sec. 405. [50 U.S.C. App. 545] Policy restrictions. Sec. 406. 
[50 U.S.C. App. 546] Deduction of unpaid premiums. Sec. 407. [50 U.S.C. 
App. 547] Premiums and interest guaranteed by United States. Sec. 408. 
[50 U.S.C. App. 548] Regulations. Sec. 409. [50 U.S.C. App. 549] Review 
   of findings of fact and conclusions of law. TITLE VTAXES AND 
 PUBLIC LANDS Sec. 501. [50 U.S.C. App. 561] Taxes respecting personal 
property, money, credits, and real property. Sec. 502. [50 U.S.C. App. 
562] Rights in public lands. Sec. 503. [50 U.S.C. App. 563] Desert-land 
 entries. Sec. 504. [50 U.S.C. App. 564] Mining claims. Sec. 505. [50 
U.S.C. App. 565] Mineral permits and leases. Sec. 506. [50 U.S.C. App. 
 566] Perfection or defense of rights. Sec. 507. [50 U.S.C. App. 567] 
Distribution of information concerning benefits of title. Sec. 508. [50 
 U.S.C. App. 568] Land rights of servicemembers. Sec. 509. [50 U.S.C. 
  App. 569] Regulations. Sec. 510. [50 U.S.C. App. 570] Income taxes. 
   Sec. 511. [50 U.S.C. App. 571] Residence for tax purposes. TITLE 
     VIADMINISTRATIVE REMEDIES Sec. 601. [50 U.S.C. App. 581] 
 Inappropriate use of Act. Sec. 602. [50 U.S.C. App. 582] Certificates 
 of service; persons reported missing. Sec. 603. [50 U.S.C. App. 583] 
Interlocutory orders. TITLE VIIFURTHER RELIEF Sec. 701. [50 U.S.C. 
App. 591] Anticipatory relief. Sec. 702. [50 U.S.C. App. 592] Power of 
    attorney. Sec. 703. [50 U.S.C. App. 593] Professional liability 
      protection. Sec. 704. [50 U.S.C. App. 594] Health insurance 
 reinstatement. Sec. 705. [50 U.S.C. App. 595] Guarantee of residency 
for military personnel and spouses of military personnel. Sec. 706. [50 
 U.S.C. App. 596] Business or trade obligations. TITLE VIIICIVIL 
  LIABILITY Sec. 801. Enforcement by the Attorney General. Sec. 802. 
 Private right of action. Sec. 803. Preservation of remedies. SEC. 2. 
[50 U.S.C. App. 502] PURPOSE. The purposes of this Act are (1) to 
  provide for, strengthen, and expedite the national defense through 
protection extended by this Act to servicemembers of the United States 
  to enable such persons to devote their entire energy to the defense 
needs of the Nation; and (2) to provide for the temporary suspension of 
   judicial and administrative proceedings and transactions that may 
   adversely affect the civil rights of servicemembers during their 
 military service. TITLE IGENERAL PROVISIONS SEC. 101. [50 U.S.C. 
       App. 511] DEFINITIONS. For the purposes of this Act: (1) 
SERVICEMEMBER.The term servicemember 
 means a member of the uniformed services, as that term is defined in 
    section 101(a)(5) of title 10, United States Code. (2) MILITARY 
 SERVICE.The term military service 
 means (A) in the case of a servicemember who is a member of the 
  Army, Navy, Air Force, Marine Corps, or Coast Guard (i) active 
duty, as defined in section 101(d)(1) of title 10, United States Code, 
   and (ii) in the case of a member of the National Guard, includes 
 service under a call to active service authorized by the President or 
the Secretary of Defense for a period of more than 30 consecutive days 
 under section 502(f) of title 32, United States Code, for purposes of 
   responding to a national emergency declared by the President and 
supported by Federal funds; (B) in the case of a servicemember who is a 
   commissioned officer of the Public Health Service or the National 
  Oceanic and Atmospheric Administration, active service; and (C) any 
 period during which a servicemember is absent from duty on account of 
sickness, wounds, leave, or other lawful cause. (3) PERIOD OF MILITARY 
         SERVICE.The term period of military 
  service means the period beginning on the date on 
which a servicemember enters military service and ending on the date on 
which the servicemember is released from military service or dies while 
           in military service. (4) DEPENDENT.The term 
      dependent, with respect to a 
 servicemember, means (A) the servicemembers spouse; (B) 
  the servicemembers child (as defined in section 101(4) of 
   title 38, United States Code); or (C) an individual for whom the 
 servicemember provided more than one-half of the individuals 
 support for 180 days immediately preceding an application for relief 
                under this Act. (5) COURT.The term 
court means a court or an administrative 
 agency of the United States or of any State (including any political 
   subdivision of a State), whether or not a court or administrative 
               agency of record. (6) STATE.The term 
 State includes (A) a commonwealth, 
territory, or possession of the United States; and (B) the District of 
 Columbia. (7) SECRETARY CONCERNED.The term Secretary 
 concerned (A) with respect to a member of the 
 armed forces, has the meaning given that term in section 101(a)(9) of 
   title 10, United States Code; (B) with respect to a commissioned 
officer of the Public Health Service, means the Secretary of Health and 
 Human Services; and (C) with respect to a commissioned officer of the 
National Oceanic and Atmospheric Administration, means the Secretary of 
      Commerce. (8) MOTOR VEHICLE.The term motor 
 vehicle has the meaning given that term in section 
30102(a)(6) of title 49, United States Code. (9) JUDGMENT.The term 
  judgment means any judgment, decree, 
 order, or ruling, final or temporary. SEC. 102. [50 U.S.C. App. 512] 
 JURISDICTION AND APPLICABILITY OF ACT. (a) JURISDICTION.This Act 
    applies to (1) the United States; (2) each of the States, 
  including the political subdivisions thereof; and (3) all territory 
subject to the jurisdiction of the United States. (b) APPLICABILITY TO 
  PROCEEDINGS.This Act applies to any judicial or administrative 
proceeding commenced in any court or agency in any jurisdiction subject 
to this Act. This Act does not apply to criminal proceedings. (c) COURT 
     IN WHICH APPLICATION MAY BE MADE.When under this Act any 
 application is required to be made to a court in which no proceeding 
has already been commenced with respect to the matter, such application 
 may be made to any court which would otherwise have jurisdiction over 
   the matter. SEC. 103. [50 U.S.C. App. 513] PROTECTION OF PERSONS 
 SECONDARILY LIABLE. (a) EXTENSION OF PROTECTION WHEN ACTIONS STAYED, 
  POSTPONED, OR SUSPENDED.Whenever pursuant to this Act a court 
 stays, postpones, or suspends (1) the enforcement of an obligation or 
 liability, (2) the prosecution of a suit or proceeding, (3) the entry 
   or enforcement of an order, writ, judgment, or decree, or (4) the 
performance of any other act, the court may likewise grant such a stay, 
     postponement, or suspension to a surety, guarantor, endorser, 
    accommodation maker, comaker, or other person who is or may be 
  primarily or secondarily subject to the obligation or liability the 
performance or enforcement of which is stayed, postponed, or suspended. 
 (b) VACATION OR SET-ASIDE OF JUDGMENTS.When a judgment or decree 
is vacated or set aside, in whole or in part, pursuant to this Act, the 
court may also set aside or vacate, as the case may be, the judgment or 
   decree as to a surety, guarantor, endorser, accommodation maker, 
  comaker, or other person who is or may be primarily or secondarily 
liable on the contract or liability for the enforcement of the judgment 
 or decree. (c) BAIL BOND NOT TO BE ENFORCED DURING PERIOD OF MILITARY 
 SERVICE.A court may not enforce a bail bond during the period of 
  military service of the principal on the bond when military service 
prevents the surety from obtaining the attendance of the principal. The 
 court may discharge the surety and exonerate the bail, in accordance 
 with principles of equity and justice, during or after the period of 
   military service of the principal. (d) WAIVER OF RIGHTS. (1) 
   WAIVERS NOT PRECLUDED.This Act does not prevent a waiver in 
writing by a surety, guarantor, endorser, accommodation maker, comaker, 
    or other person (whether primarily or secondarily liable on an 
obligation or liability) of the protections provided under subsections 
(a) and (b). Any such waiver is effective only if it is executed as an 
 instrument separate from the obligation or liability with respect to 
  which it applies. (2) WAIVER INVALIDATED UPON ENTRANCE TO MILITARY 
    SERVICE.If a waiver under paragraph (1) is executed by an 
   individual who after the execution of the waiver enters military 
service, or by a dependent of an individual who after the execution of 
 the waiver enters military service, the waiver is not valid after the 
beginning of the period of such military service unless the waiver was 
executed by such individual or dependent during the period specified in 
section 106. SEC. 104. [50 U.S.C. App. 514] EXTENSION OF PROTECTIONS TO 
CITIZENS SERVING WITH ALLIED FORCES. A citizen of the United States who 
is serving with the forces of a nation with which the United States is 
 allied in the prosecution of a war or military action is entitled to 
the relief and protections provided under this Act if that service with 
the allied force is similar to military service as defined in this Act. 
The relief and protections provided to such citizen shall terminate on 
   the date of discharge or release from such service. SEC. 105. [50 
  U.S.C. App. 515] NOTIFICATION OF BENEFITS. The Secretary concerned 
   shall ensure that notice of the benefits accorded by this Act is 
   provided in writing to persons in military service and to persons 
entering military service. SEC. 106. [50 U.S.C. App. 516] EXTENSION OF 
   RIGHTS AND PROTECTIONS TO RESERVES ORDERED TO REPORT FOR MILITARY 
 SERVICE AND TO PERSONS ORDERED TO REPORT FOR INDUCTION. (a) RESERVES 
   ORDERED TO REPORT FOR MILITARY SERVICE.A member of a reserve 
component who is ordered to report for military service is entitled to 
 the rights and protections of this title and titles II and III during 
the period beginning on the date of the members receipt of the 
 order and ending on the date on which the member reports for military 
 service (or, if the order is revoked before the member so reports, or 
the date on which the order is revoked). (b) PERSONS ORDERED TO REPORT 
    FOR INDUCTION.A person who has been ordered to report for 
induction under the Military Selective Service Act (50 U.S.C. App. 451 
     et seq.) is entitled to the rights and protections provided a 
servicemember under this title and titles II and III during the period 
beginning on the date of receipt of the order for induction and ending 
on the date on which the person reports for induction (or, if the order 
to report for induction is revoked before the date on which the person 
reports for induction, on the date on which the order is revoked). SEC. 
    107. [50 U.S.C. App. 517] WAIVER OF RIGHTS PURSUANT TO WRITTEN 
  AGREEMENT. (a) IN GENERAL.A servicemember may waive any of the 
   rights and protections provided by this Act. Any such waiver that 
   applies to an action listed in subsection (b) of this section is 
  effective only if it is in writing and is executed as an instrument 
 separate from the obligation or liability to which it applies. In the 
 case of a waiver that permits an action described in subsection (b), 
the waiver is effective only if made pursuant to a written agreement of 
           the parties that is executed during or after the 
    servicemembers period of military service. The written 
   agreement shall specify the legal instrument to which the waiver 
 applies and, if the service-member is not a party to that instrument, 
     the servicemember concerned. (b) ACTIONS REQUIRING WAIVERS IN 
  WRITING.The requirement in subsection (a) for a written waiver 
    applies to the following: (1) The modification, termination, or 
  cancellation of (A) a contract, lease, or bailment; or (B) an 
obligation secured by a mortgage, trust, deed, lien, or other security 
     in the nature of a mortgage. (2) The repossession, retention, 
    foreclosure, sale, forfeiture, or taking possession of property 
 that (A) is security for any obligation; or (B) was purchased or 
received under a contract, lease, or bailment. (c) PROMINENT DISPLAY OF 
CERTAIN CONTRACT RIGHTS WAIV-ERS.Any waiver in writing of a right 
 or protection provided by this Act that applies to a contract, lease, 
  or similar legal instrument must be in at least 12 point type. (d) 
COVERAGE OF PERIODS AFTER ORDERS RECEIVED.For the purposes of this 
    section (1) a person to whom section 106 applies shall be 
 considered to be a servicemember; and (2) the period with respect to 
 such a person specified in subsection (a) or (b), as the case may be, 
of section 106 shall be considered to be a period of military service. 
    SEC. 108. [50 U.S.C. App. 518] EXERCISE OF RIGHTS UNDER ACT NOT 
   TOAFFECT CERTAIN FUTURE FINANCIAL TRANSACTIONS. Application by a 
     servicemember for, or receipt by a service-member of, a stay, 
 postponement, or suspension pursuant to this Act in the payment of a 
  tax, fine, penalty, insurance premium, or other civil obligation or 
  liability of that servicemember shall not itself (without regard to 
other considerations) provide the basis for any of the following: (1) A 
  determination by a lender or other person that the servicemember is 
unable to pay the civil obligation or liability in accordance with its 
terms. (2) With respect to a credit transaction between a creditor and 
  the servicemember (A) a denial or revocation of credit by the 
  creditor; (B) a change by the creditor in the terms of an existing 
credit arrangement; or (C) a refusal by the creditor to grant credit to 
 the servicemember in substantially the amount or on substantially the 
terms requested. (3) An adverse report relating to the creditworthiness 
   of the servicemember by or to a person engaged in the practice of 
assembling or evaluating consumer credit information. (4) A refusal by 
    an insurer to insure the servicemember. (5) An annotation in a 
servicemembers record by a creditor or a person engaged in the 
   practice of assembling or evaluating consumer credit information, 
 identifying the servicemember as a member of the National Guard or a 
  reserve component. (6) A change in the terms offered or conditions 
required for the issuance of insurance. SEC. 109. [50 U.S.C. App. 519] 
 LEGAL REPRESENTATIVES. (a) REPRESENTATIVE.A legal representative 
of a servicemember for purposes of this Act is either of the following: 
    (1) An attorney acting on the behalf of a servicemember. (2) An 
            individual possessing a power of attorney. (b) 
                  APPLICATION.Whenever the term 
 servicemember is used in this Act, such 
       term shall be treated as including a reference to a legal 
 representative of the servicemember. TITLE IIGENERAL RELIEF SEC. 
 201. [50 U.S.C. App. 521] PROTECTION OF SERVICEMEMBERSAGAINST DEFAULT 
 JUDGMENTS. (a) APPLICABILITY OF SECTION.This section applies to 
any civil action or proceeding, including any child custody proceeding, 
   in which the defendant does not make an appearance. (b) AFFIDAVIT 
REQUIREMENT. (1) PLAINTIFF TO FILE AFFIDAVIT.In any action or 
proceeding covered by this section, the court, before entering judgment 
 for the plaintiff, shall require the plaintiff to file with the court 
   an affidavit (A) stating whether or not the defendant is in 
military service and showing necessary facts to support the affidavit; 
   or (B) if the plaintiff is unable to determine whether or not the 
defendant is in military service, stating that the plaintiff is unable 
 to determine whether or not the defendant is in military service. (2) 
      APPOINTMENT OF ATTORNEY TO REPRESENT DEFENDANT IN MILITARY 
 SERVICE.If in an action covered by this section it appears that 
    the defendant is in military service, the court may not enter a 
 judgment until after the court appoints an attorney to represent the 
 defendant. If an attorney appointed under this section to represent a 
servicemember cannot locate the servicemember, actions by the attorney 
    in the case shall not waive any defense of the servicemember or 
  otherwise bind the servicemember. (3) DEFENDANTS MILITARY 
STATUS NOT ASCERTAINED BY AF-FIDAVIT.If based upon the affidavits 
 filed in such an action, the court is unable to determine whether the 
defendant is in military service, the court, before entering judgment, 
 may require the plaintiff to file a bond in an amount approved by the 
 court. If the defendant is later found to be in military service, the 
bond shall be available to indemnify the defendant against any loss or 
   damage the defendant may suffer by reason of any judgment for the 
 plaintiff against the defendant, should the judgment be set aside in 
 whole or in part. The bond shall remain in effect until expiration of 
 the time for appeal and setting aside of a judgment under applicable 
Federal or State law or regulation or under any applicable ordinance of 
a political subdivision of a State. The court may issue such orders or 
 enter such judgments as the court determines necessary to protect the 
rights of the defendant under this Act. (4) SATISFACTION OF REQUIREMENT 
FOR AFFIDAVIT.The requirement for an affidavit under paragraph (1) 
    may be satisfied by a statement, declaration, verification, or 
  certificate, in writing, subscribed and certified or declared to be 
 true under penalty of perjury. (c) PENALTY FOR MAKING OR USING FALSE 
AFFIDAVIT.A person who makes or uses an affidavit permitted under 
     subsection (b) (or a statement, declaration, verification, or 
  certificate as authorized under subsection (b)(4)) knowing it to be 
 false, shall be fined as provided in title 18, United States Code, or 
      imprisoned for not more than one year, or both. (d) STAY OF 
  PROCEEDINGS.In an action covered by this section in which the 
   defendant is in military service, the court shall grant a stay of 
proceedings for a minimum period of 90 days under this subsection upon 
 application of counsel, or on the courts own motion, if the 
court determines that (1) there may be a defense to the action and 
a defense cannot be presented without the presence of the defendant; or 
    (2) after due diligence, counsel has been unable to contact the 
 defendant or otherwise determine if a meritorious defense exists. (e) 
 INAPPLICABILITY OF SECTION 202 PROCEDURES.A stay of proceedings 
     under subsection (d) shall not be controlled by procedures or 
 requirements under section 202. (f) SECTION 202 PROTECTION.If a 
 servicemember who is a defendant in an action covered by this section 
 receives actual notice of the action, the servicemember may request a 
stay of proceeding under section 202. (g) VACATION OR SETTING ASIDE OF 
DEFAULT JUDGMENTS. (1) AUTHORITY FOR COURT TO VACATE OR SET ASIDE 
JUDG-MENT.If a default judgment is entered in an action covered by 
this section against a servicemember during the servicemembers 
 period of military service (or within 60 days after termination of or 
 release from such military service), the court entering the judgment 
 shall, upon application by or on behalf of the servicemember, reopen 
 the judgment for the purpose of allowing the servicemember to defend 
the action if it appears that (A) the servicemember was materially 
affected by reason of that military service in making a defense to the 
action; and (B) the servicemember has a meritorious or legal defense to 
the action or some part of it. (2) TIME FOR FILING APPLICATION.An 
application under this subsection must be filed not later than 90 days 
after the date of the termination of or release from military service. 
  (h) PROTECTION OF BONA FIDE PURCHASER.If a court vacates, sets 
 aside, or reverses a default judgment against a servicemember and the 
vacating, setting aside, or reversing is because of a provision of this 
 Act, that action shall not impair a right or title acquired by a bona 
  fide purchaser for value under the default judgment. SEC. 202. [50 
U.S.C. App. 522] STAY OF PROCEEDINGS WHEN SERVICEMEMBER HAS NOTICE. (a) 
APPLICABILITY OF SECTION.This section applies to any civil action 
  or proceeding, including any child custody proceeding, in which the 
plaintiff or defendant at the time of filing an application under this 
  section (1) is in military service or is within 90 days after 
 termination of or release from military service; and (2) has received 
 notice of the action or proceeding. (b) STAY OF PROCEEDINGS. (1) 
 AUTHORITY FOR STAY.At any stage before final judgment in a civil 
 action or proceeding in which a servicemember described in subsection 
    (a) is a party, the court may on its own motion and shall, upon 
 application by the servicemember, stay the action for a period of not 
  less than 90 days, if the conditions in paragraph (2) are met. (2) 
CONDITIONS FOR STAY.An application for a stay under paragraph (1) 
   shall include the following: (A) A letter or other communication 
 setting forth facts stating the manner in which current military duty 
 requirements materially affect the servicemembers ability to 
 appear and stating a date when the servicemember will be available to 
         appear. (B) A letter or other communication from the 
      servicemembers commanding officer stating that the 
 servicemembers current military duty prevents appearance and 
that military leave is not authorized for the servicemember at the time 
    of the letter. (c) APPLICATION NOT A WAIVER OF DEFENSES.An 
   application for a stay under this section does not constitute an 
appearance for jurisdictional purposes and does not constitute a waiver 
of any substantive or procedural defense (including a defense relating 
   to lack of personal jurisdiction). (d) ADDITIONAL STAY. (1) 
   APPLICATION.A servicemember who is granted a stay of a civil 
 action or proceeding under subsection (b) may apply for an additional 
   stay based on continuing material affect of military duty on the 
 servicemembers ability to appear. Such an application may be 
made by the servicemember at the time of the initial application under 
subsection (b) or when it appears that the servicemember is unavailable 
to prosecute or defend the action. The same information required under 
   subsection (b)(2) shall be included in an application under this 
    subsection. (2) APPOINTMENT OF COUNSEL WHEN ADDITIONAL STAY RE-
    FUSED.If the court refuses to grant an additional stay of 
  proceedings under paragraph (1), the court shall appoint counsel to 
     represent the servicemember in the action or proceeding. (e) 
 COORDINATION WITH SECTION 201.A servicemember who applies for a 
     stay under this section and is unsuccessful may not seek the 
  protections afforded by section 201. (f) INAPPLICABILITY TO SECTION 
 301.The protections of this section do not apply to section 301. 
SEC. 203. [50 U.S.C. App. 523] FINES AND PENALTIES UNDER CONTRACTS. (a) 
 PROHIBITION OF PENALTIES.When an action for compliance with the 
terms of a contract is stayed pursuant to this Act, a penalty shall not 
accrue for failure to comply with the terms of the contract during the 
        period of the stay. (b) REDUCTION OR WAIVER OF FINES OR 
   PENALTIES.If a servicemember fails to perform an obligation 
 arising under a contract and a penalty is incurred arising from that 
nonperformance, a court may reduce or waive the fine or penalty if 
 (1) the servicemember was in military service at the time the fine or 
   penalty was incurred; and (2) the ability of the servicemember to 
    perform the obligation was materially affected by such military 
 service. SEC. 204. [50 U.S.C. App. 524] STAY OR VACATION OF EXECUTION 
  OF JUDGMENTS, ATTACHMENTS, AND GARNISHMENTS. (a) COURT ACTION UPON 
MATERIAL AFFECT DETERMINATION. If a servicemember, in the opinion 
 of the court, is materially affected by reason of military service in 
  complying with a court judgment or order, the court may on its own 
motion and shall on application by the servicemember (1) stay the 
 execution of any judgment or order entered against the servicemember; 
and (2) vacate or stay an attachment or garnishment of property, money, 
   or debts in the possession of the servicemember or a third party, 
 whether before or after judgment. (b) APPLICABILITY.This section 
   applies to an action or proceeding commenced in a court against a 
           servicemember before or during the period of the 
 servicemembers military service or within 90 days after such 
service terminates. SEC. 205. [50 U.S.C. App. 525] DURATION AND TERM OF 
 STAYS; CODEFENDANTS NOT IN SERVICE. (a) PERIOD OF STAY.A stay of 
 an action, proceeding, attachment, or execution made pursuant to the 
  provisions of this Act by a court may be ordered for the period of 
   military service and 90 days thereafter, or for any part of that 
 period. The court may set the terms and amounts for such installment 
        payments as is considered reasonable by the court. (b) 
CODEFENDANTS.If the servicemember is a codefendant with others who 
are not in military service and who are not entitled to the relief and 
protections provided under this Act, the plaintiff may proceed against 
      those other defendants with the approval of the court. (c) 
INAPPLICABILITY OF SECTION.This section does not apply to sections 
202 and 701. SEC. 206. [50 U.S.C. App. 526] STATUTE OF LIMITATIONS. (a) 
  TOLLING OF STATUTES OF LIMITATION DURING MILITARY SERVICE.The 
    period of a servicemembers military service may not be 
 included in computing any period limited by law, regulation, or order 
  for the bringing of any action or proceeding in a court, or in any 
 board, bureau, commission, department, or other agency of a State (or 
 political subdivision of a State) or the United States by or against 
  the servicemember or the servicemembers heirs, executors, 
  administrators, or assigns. (b) REDEMPTION OF REAL PROPERTY.A 
period of military service may not be included in computing any period 
 provided by law for the redemption of real property sold or forfeited 
 to enforce an obligation, tax, or assessment. (c) INAPPLICABILITY TO 
INTERNAL REVENUE LAWS.This section does not apply to any period of 
  limitation prescribed by or under the internal revenue laws of the 
United States. SEC. 207. [50 U.S.C. App. 527] MAXIMUM RATE OF INTEREST 
      ON DEBTSINCURRED BEFORE MILITARY SERVICE. (a) INTEREST RATE 
  LIMITATION. (1) LIMITATION TO 6 PERCENT.An obligation or 
 liability bearing interest at a rate in excess of 6 percent per year 
   that is incurred by a servicemember, or the servicemember and the 
servicemembers spouse jointly, before the servicemember enters 
   military service shall not bear interest at a rate in excess of 6 
  percent (A) during the period of military service and one year 
 thereafter, in the case of an obligation or liability consisting of a 
mortgage, trust deed, or other security in the nature of a mortgage; or 
  (B) during the period of military service, in the case of any other 
  obligation or liability. (2) FORGIVENESS OF INTEREST IN EXCESS OF 6 
 PERCENT. Interest at a rate in excess of 6 percent per year that 
would otherwise be incurred but for the prohibition in paragraph (1) is 
 forgiven. (3) PREVENTION OF ACCELERATION OF PRINCIPAL.The amount 
of any periodic payment due from a servicemember under the terms of the 
  instrument that created an obligation or liability covered by this 
 section shall be reduced by the amount of the interest forgiven under 
paragraph (2) that is allocable to the period for which such payment is 
  made. (b) IMPLEMENTATION OF LIMITATION. (1) WRITTEN NOTICE TO 
      CREDITOR.In order for an obligation or liability of a 
    servicemember to be subject to the interest rate limitation in 
subsection (a), the servicemember shall provide to the creditor written 
 notice and a copy of the military orders calling the servicemember to 
military service and any orders further extending military service, not 
   later than 180 days after the date of the servicemembers 
termination or release from military service. (2) LIMITATION EFFECTIVE 
AS OF DATE OF ORDER TO ACTIVE DUTY.Upon receipt of written notice 
 and a copy of orders calling a servicemember to military service, the 
   creditor shall treat the debt in accordance with subsection (a), 
   effective as of the date on which the servicemember is called to 
  military service. (c) CREDITOR PROTECTION.A court may grant a 
creditor relief from the limitations of this section if, in the opinion 
of the court, the ability of the servicemember to pay interest upon the 
 obligation or liability at a rate in excess of 6 percent per year is 
   not materially affected by reason of the servicemembers 
      military service. (d) DEFINITIONS.In this section: (1) 
INTEREST.The term interest includes 
 service charges, renewal charges, fees, or any other charges (except 
 bona fide insurance) with respect to an obligation or liability. (2) 
    OBLIGATION OR LIABILITY.The term obligation or 
    liability includes an obligation or liability 
 consisting of a mortgage, trust deed, or other security in the nature 
 of a mortgage. (e) PENALTY.Whoever knowingly violates subsection 
    (a) shall be fined as provided in title 18, United States Code, 
  imprisoned for not more than one year, or both. TITLE IIIRENT, 
INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, TELEPHONE 
    SERVICE CONTRACTS SEC. 301. [50 U.S.C. App. 531] EVICTIONS AND 
 DISTRESS. (a) COURT-ORDERED EVICTION. (1) IN GENERAL.Except 
by court order, a landlord (or another person with paramount title) may 
      not (A) evict a servicemember, or the dependents of a 
       servicemember, during a period of military service of the 
servicemember, from premises (i) that are occupied or intended to 
 be occupied primarily as a residence; and (ii) for which the monthly 
rent does not exceed $2,400, as adjusted under paragraph (2) for years 
   after 2003; or (B) subject such premises to a distress during the 
        period of military service. (2) HOUSING PRICE INFLATION 
ADJUSTMENT.(A) For calendar years beginning with 2004, the amount 
in effect under paragraph (1)(A)(ii) shall be increased by the housing 
  price inflation adjustment for the calendar year involved. (B) For 
    purposes of this paragraph (i) The housing price inflation 
 adjustment for any calendar year is the percentage change (if any) by 
which (I) the CPI housing component for November of the preceding 
 calendar year, exceeds (II) the CPI housing component for November of 
1984. (ii) The term CPI housing component 
  means the index published by the Bureau of Labor Statistics of the 
   Department of Labor known as the Consumer Price Index, All Urban 
     Consumers, Rent of Primary Residence, U.S. City Average. (3) 
 PUBLICATION OF HOUSING PRICE INFLATION ADJUST-MENT.The Secretary 
  of Defense shall cause to be published in the Federal Register each 
  year the amount in effect under paragraph (1)(A)(ii) for that year 
following the housing price inflation adjustment for that year pursuant 
 to paragraph (2). Such publication shall be made for a year not later 
 than 60 days after such adjustment is made for that year. (b) STAY OF 
   EXECUTION. (1) COURT AUTHORITY.Upon an application for 
eviction or distress with respect to premises covered by this section, 
 the court may on its own motion and shall, if a request is made by or 
 on behalf of a servicemember whose ability to pay the agreed rent is 
 materially affected by military service (A) stay the proceedings 
 for a period of 90 days, unless in the opinion of the court, justice 
 and equity require a longer or shorter period of time; or (B) adjust 
    the obligation under the lease to preserve the interests of all 
    parties. (2) RELIEF TO LANDLORD.If a stay is granted under 
  paragraph (1), the court may grant to the landlord (or other person 
     with paramount title) such relief as equity may require. (c) 
  MISDEMEANOR.Except as provided in subsection (a), a person who 
knowingly takes part in an eviction or distress described in subsection 
(a), or who knowingly attempts to do so, shall be fined as provided in 
title 18, United States Code, or imprisoned for not more than one year, 
   or both. (d) RENT ALLOTMENT FROM PAY OF SERVICEMEMBER.To the 
   extent required by a court order related to property which is the 
 subject of a court action under this section, the Secretary concerned 
shall make an allotment from the pay of a servicemember to satisfy the 
terms of such order, except that any such allotment shall be subject to 
  regulations prescribed by the Secretary concerned establishing the 
maximum amount of pay of servicemembers that may be allotted under this 
  subsection. (e) LIMITATION OF APPLICABILITY.Section 202 is not 
 applicable to this section. SEC. 302. [50 U.S.C. App. 532] PROTECTION 
UNDER INSTALLMENT CONTRACTS FOR PURCHASE OR LEASE. (a) PROTECTION UPON 
    BREACH OF CONTRACT. (1) PROTECTION AFTER ENTERING MILITARY 
SERVICE.After a servicemember enters military service, a contract 
  by the servicemember for (A) the purchase of real or personal 
 property (including a motor vehicle); or (B) the lease or bailment of 
such property, may not be rescinded or terminated for a breach of terms 
   of the contract occurring before or during that persons 
 military service, nor may the property be repossessed for such breach 
without a court order. (2) APPLICABILITY.This section applies only 
 to a contract for which a deposit or installment has been paid by the 
 service-member before the servicemember enters military service. (b) 
MISDEMEANOR.A person who knowingly resumes possession of property 
in violation of subsection (a), or in violation of section 107 of this 
Act, or who knowingly attempts to do so, shall be fined as provided in 
title 18, United States Code, or imprisoned for not more than one year, 
    or both. (c) AUTHORITY OF COURT.In a hearing based on this 
section, the court (1) may order repayment to the servicemember of 
  all or part of the prior installments or deposits as a condition of 
 terminating the contract and resuming possession of the property; (2) 
  may, on its own motion, and shall on application by a servicemember 
when the servicemembers ability to comply with the contract is 
  materially affected by military service, stay the proceedings for a 
  period of time as, in the opinion of the court, justice and equity 
require; or (3) may make other disposition as is equitable to preserve 
the interests of all parties. SEC. 303. [50 U.S.C. App. 533] MORTGAGES 
  AND TRUST DEEDS. (a) MORTGAGE AS SECURITY.This section applies 
     only to an obligation on real or personal property owned by a 
    servicemember that (1) originated before the period of the 
      servicemembers military service and for which the 
  servicemember is still obligated; and (2) is secured by a mortgage, 
trust deed, or other security in the nature of a mortgage. (b) STAY OF 
   PROCEEDINGS AND ADJUSTMENT OF OBLIGATION. In an action filed 
during, or within 9 months 1 after, a servicemembers period of 
military service to enforce an obligation described in subsection (a), 
  the court may after a hearing and on its own motion and shall upon 
application by a servicemember when the servicemembers ability 
   to comply with the obligation is materially affected by military 
 service (1) stay the proceedings for a period of time as justice 
and equity require, or 1 Section 2203(a) of Public Law 110289 
    provides for amendments to subsections (b) and (c) by striking 
   90 days and inserting 9 
months. Subsection (c) of such section provides: (c) 
EFFECTIVE DATE; SUNSET. (1) EFFECTIVE DATE.The amendment made 
 by subsection (a) shall take effect on the date of enactment of this 
Act. (2) SUNSET.The amendments made by subsection (a) shall expire 
  on December 31, 2012. Effective January 1, 2013, the provisions of 
  subsections (b) and (c) of section 303 of the Servicemembers Civil 
Relief Act, as in effect on the day before the date of the enactment of 
this Act, are hereby revived. (2) adjust the obligation to preserve the 
    interests of all parties. (c) SALE OR FORECLOSURE.A sale, 
   foreclosure, or seizure of property for a breach of an obligation 
   described in subsection (a) shall not be valid if made during, or 
  within 9 months 1 after, the period of the servicemembers 
military service except (1) upon a court order granted before such 
 sale, foreclosure, or seizure with a return made and approved by the 
 court; or (2) if made pursuant to an agreement as provided in section 
107. (d) MISDEMEANOR.A person who knowingly makes or causes to be 
made a sale, foreclosure, or seizure of property that is prohibited by 
 subsection (c), or who knowingly attempts to do so, shall be fined as 
 provided in title 18, United States Code, or imprisoned for not more 
 than one year, or both. SEC. 304. [50 U.S.C. App. 534] SETTLEMENT OF 
     STAYED CASES RELATING TO PERSONAL PROPERTY. (a) APPRAISAL OF 
    PROPERTY.When a stay is granted pursuant to this Act in a 
    proceeding to foreclose a mortgage on or to repossess personal 
  property, or to rescind or terminate a contract for the purchase of 
personal property, the court may appoint three disinterested parties to 
appraise the property. (b) EQUITY PAYMENT.Based on the appraisal, 
 and if undue hardship to the servicemembers dependents will 
        not result, the court may order that the amount of the 
     servicemembers equity in the property be paid to the 
    servicemember, or the servicemembers dependents, as a 
 condition of foreclosing the mortgage, repossessing the property, or 
rescinding or terminating the contract. SEC. 305. [50 U.S.C. App. 535] 
TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES. (a) TERMINATION BY 
  LESSEE. (1) IN GENERAL.The lessee on a lease described in 
subsection (b) may, at the lessees option, terminate the lease 
  at any time after (A) the lessees entry into military 
   service; or (B) the date of the lessees military orders 
described in paragraph (1)(B) or (2)(B) of subsection (b), as the case 
may be. (2) JOINT LEASES.A lessees termination of a lease 
pursuant to this subsection shall terminate any obligation a dependent 
 of the lessee may have under the lease. (b) COVERED LEASES.This 
section applies to the following leases: (1) LEASES OF PREMISES.A 
     lease of premises occupied, or intended to be occupied, by a 
      servicemember or a servicemembers dependents for a 
 residential, professional, business, agricultural, or similar purpose 
   if (A) the lease is executed by or on behalf of a person who 
thereafter and during the term of the lease enters military service; or 
 (B) the servicemember, while in military service, executes the lease 
   and thereafter receives military orders for a permanent change of 
   station or to deploy with a military unit, or as an individual in 
support of a military operation, for a period of not less than 90 days. 
 (2) LEASES OF MOTOR VEHICLES.A lease of a motor vehicle used, or 
 intended to be used, by a servicemember or a servicemembers 
  dependents for personal or business transportation if (A) the 
lease is executed by or on behalf of a person who thereafter and during 
  the term of the lease enters military service under a call or order 
 specifying a period of not less than 180 days (or who enters military 
 service under a call or order specifying a period of 180 days or less 
  and who, without a break in service, receives orders extending the 
 period of military service to a period of not less than 180 days); or 
 (B) the servicemember, while in military service, executes the lease 
   and thereafter receives military orders (i) for a change of 
 permanent station (I) from a location in the continental United 
  States to a location outside the continental United States; or (II) 
from a location in a State outside the continental United States to any 
location outside that State; or (ii) to deploy with a military unit, or 
 as an individual in support of a military operation, for a period of 
    not less than 180 days. (c) MANNER OF TERMINATION. (1) IN 
 GENERAL.Termination of a lease under subsection (a) is made 
 (A) by delivery by the lessee of written notice of such termination, 
   and a copy of the servicemembers military orders, to the 
 lessor (or the lessors grantee), or to the lessors 
agent (or the agents grantee); and (B) in the case of a lease 
of a motor vehicle, by return of the motor vehicle by the lessee to the 
 lessor (or the lessors grantee), or to the lessors 
 agent (or the agents grantee), not later than 15 days after 
the date of the delivery of written notice under subparagraph (A). (2) 
 DELIVERY OF NOTICE.Delivery of notice under paragraph (1)(A) may 
  be accomplished (A) by hand delivery; (B) by private business 
   carrier; or (C) by placing the written notice in an envelope with 
sufficient postage and with return receipt requested, and addressed as 
 designated by the lessor (or the lessors grantee) or to the 
lessors agent (or the agents grantee), and depositing 
 the written notice in the United States mails. (d) EFFECTIVE DATE OF 
  LEASE TERMINATION. (1) LEASE OF PREMISES.In the case of a 
lease described in subsection (b)(1) that provides for monthly payment 
of rent, termination of the lease under subsection (a) is effective 30 
 days after the first date on which the next rental payment is due and 
  payable after the date on which the notice under subsection (c) is 
   delivered. In the case of any other lease described in subsection 
 (b)(1), termination of the lease under subsection (a) is effective on 
 the last day of the month following the month in which the notice is 
  delivered. (2) LEASE OF MOTOR VEHICLES.In the case of a lease 
    described in subsection (b)(2), termination of the lease under 
  subsection (a) is effective on the day on which the requirements of 
 subsection (c) are met for such termination. (e) ARREARAGES AND OTHER 
  OBLIGATIONS AND LIABILITIES. (1) LEASES OF PREMISES.Rent 
amounts for a lease described in subsection (b)(1) that are unpaid for 
the period preceding the effective date of the lease termination shall 
    be paid on a prorated basis. The lessor may not impose an early 
termination charge, but any taxes, summonses, or other obligations and 
 liabilities of the lessee in accordance with the terms of the lease, 
 including reasonable charges to the lessee for excess wear, that are 
due and unpaid at the time of termination of the lease shall be paid by 
the lessee. (2) LEASES OF MOTOR VEHICLES.Lease amounts for a lease 
described in subsection (b)(2) that are unpaid for the period preceding 
the effective date of the lease termination shall be paid on a prorated 
 basis. The lessor may not impose an early termination charge, but any 
taxes, summonses, title and registration fees, or other obligations and 
 liabilities of the lessee in accordance with the terms of the lease, 
 including reasonable charges to the lessee for excess wear or use and 
  mileage, that are due and unpaid at the time of termination of the 
lease shall be paid by the lessee. (f) RENT PAID IN ADVANCE.Rents 
or lease amounts paid in advance for a period after the effective date 
of the termination of the lease shall be refunded to the lessee by the 
  lessor (or the lessors assignee or the assignees 
 agent) within 30 days of the effective date of the termination of the 
 lease. (g) RELIEF TO LESSOR.Upon application by the lessor to a 
   court before the termination date provided in the written notice, 
 relief granted by this section to a servicemember may be modified as 
    justice and equity require. (h) MISDEMEANOR.Any person who 
  knowingly seizes, holds, or detains the personal effects, security 
          deposit, or other property of a servicemember or a 
   servicemembers dependent who lawfully terminates a lease 
 covered by this section, or who knowingly interferes with the removal 
 of such property from premises covered by such lease, for the purpose 
of subjecting or attempting to subject any of such property to a claim 
for rent accruing subsequent to the date of termination of such lease, 
 or attempts to do so, shall be fined as provided in title 18, United 
  States Code, or imprisoned for not more than one year, or both. (i) 
          DEFINITIONS. (1) MILITARY ORDERS.The term 
   military orders, with respect to a 
  servicemember, means official military orders, or any notification, 
    certification, or verification from the servicemembers 
commanding officer, with respect to the servicemembers current 
        or future military duty status. (2) CONUS.The term 
 continental United States means the 48 
 contiguous States and the District of Columbia. SEC. 305A. [50 U.S.C. 
 App. 535a] TERMINATION OF TELEPHONE SERVICECONTRACTS. (a) TERMINATION 
    BY SERVICEMEMBER. (1) TERMINATION.A servicemember may 
terminate a contract described in subsection (b) at any time after the 
   date the servicemember receives military orders to relocate for a 
period of not less than 90 days to a location that does not support the 
contract. (2) NOTICE.In the case that a servicemember terminates a 
contract as described in paragraph (1), the service provider under the 
 contract shall provide such servicemember with written or electronic 
notice of the servicemembers rights under such paragraph. (3) 
 MANNER OF TERMINATION.Termination of a contract under paragraph 
(1) shall be made by delivery of a written or electronic notice of such 
 termination and a copy of the servicemembers military orders 
    to the service provider, delivered in accordance with industry 
 standards for notification of terminations, together with the date on 
  which the service is to be terminated. (b) COVERED CONTRACTS.A 
   contract described in this subsection is a contract for cellular 
  telephone service or telephone exchange service entered into by the 
   servicemember before receiving the military orders referred to in 
 subsection (a)(1). (c) RETENTION OF TELEPHONE NUMBER.In the case 
of a contract terminated under subsection (a) by a servicemember whose 
   period of relocation is for a period of three years or less, the 
 service provider under the contract shall, notwithstanding any other 
provision of law, allow the servicemember to keep the telephone number 
   the servicemember has under the contract if the servicemember re-
  subscribes to the service during the 90-day period beginning on the 
  last day of such period of relocation. (d) FAMILY PLANS.In the 
 case of a contract for cellular telephone service entered into by any 
individual in which a service-member is a designated beneficiary of the 
 contract, the individual who entered into the contract may terminate 
    the contract (1) with respect to the servicemember if the 
servicemember is eligible to terminate contracts pursuant to subsection 
  (a); and (2) with respect to all of the designated beneficiaries of 
 such contract if all such beneficiaries accompany the service-member 
  during the servicemembers period of relocation. (e) OTHER 
OBLIGATIONS AND LIABILITIES.For any contract terminated under this 
  section, the service provider under the contract may not impose an 
   early termination charge, but any tax or any other obligation or 
 liability of the servicemember that, in accordance with the terms of 
     the contract, is due and unpaid or unperformed at the time of 
     termination of the contract shall be paid or performed by the 
   servicemember. If the servicemember re-subscribes to the service 
provided under a covered contract during the 90-day period beginning on 
 the last day of the servicemembers period of relocation, the 
service provider may not impose a charge for reinstating service, other 
     than the usual and customary charges for the installation or 
acquisition of customer equipment imposed on any other subscriber. (f) 
   RETURN OF ADVANCE PAYMENTS.Not later than 60 days after the 
effective date of the termination of a contract under this section, the 
 service provider under the contract shall refund to the servicemember 
any fee or other amount to the extent paid for a period extending until 
  after such date, except for the remainder of the monthly or similar 
          billing period in which the termination occurs. (g) 
      DEFINITIONS.For purposes of this section: (1) The term 
    cellular telephone service means 
commercial mobile service, as that term is defined in section 332(d) of 
    the Communications Act of 1934 (47 U.S.C. 332(d)). (2) The term 
   telephone exchange service has the 
 meaning given that term under section 3 of the Communications Act of 
1934 (47 U.S.C. 153). SEC. 306. [50 U.S.C. App. 536] PROTECTION OF LIFE 
  INSURANCE POLICY. (a) ASSIGNMENT OF POLICY PROTECTED.If a life 
  insurance policy on the life of a servicemember is assigned before 
 military service to secure the payment of an obligation, the assignee 
of the policy (except the insurer in connection with a policy loan) may 
not exercise, during a period of military service of the servicemember 
 or within one year thereafter, any right or option obtained under the 
assignment without a court order. (b) EXCEPTION.The prohibition in 
subsection (a) shall not apply (1) if the assignee has the written 
 consent of the insured made during the period described in subsection 
  (a); (2) when the premiums on the policy are due and unpaid; or (3) 
 upon the death of the insured. (c) ORDER REFUSED BECAUSE OF MATERIAL 
AFFECT.A court which receives an application for an order required 
   under subsection (a) may refuse to grant such order if the court 
determines the ability of the servicemember to comply with the terms of 
    the obligation is materially affected by military service. (d) 
TREATMENT OF GUARANTEED PREMIUMS.For purposes of this subsection, 
premiums guaranteed under the provisions of title IV of this Act shall 
  not be considered due and unpaid. (e) MISDEMEANOR.A person who 
 knowingly takes an action contrary to this section, or attempts to do 
  so, shall be fined as provided in title 18, United States Code, or 
 imprisoned for not more than one year, or both. SEC. 307. [50 U.S.C. 
App. 537] ENFORCEMENT OF STORAGE LIENS. (a) LIENS. (1) LIMITATION 
   ON FORECLOSURE OR ENFORCEMENT.A person holding a lien on the 
 property or effects of a service-member may not, during any period of 
   military service of the servicemember and for 90 days thereafter, 
  foreclose or enforce any lien on such property or effects without a 
    court order granted before foreclosure or enforcement. (2) LIEN 
       DEFINED.For the purposes of paragraph (1), the term 
lien includes a lien for storage, repair, 
or cleaning of the property or effects of a servicemember or a lien on 
      such property or effects for any other reason. (b) STAY OF 
PROCEEDINGS.In a proceeding to foreclose or enforce a lien subject 
    to this section, the court may on its own motion, and shall if 
     requested by a servicemember whose ability to comply with the 
   obligation resulting in the proceeding is materially affected by 
 military service (1) stay the proceeding for a period of time as 
 justice and equity require; or (2) adjust the obligation to preserve 
the interests of all parties. The provisions of this subsection do not 
  affect the scope of section 303. (c) MISDEMEANOR.A person who 
 knowingly takes an action contrary to this section, or attempts to do 
  so, shall be fined as provided in title 18, United States Code, or 
 imprisoned for not more than one year, or both. SEC. 308. [50 U.S.C. 
App. 538] EXTENSION OF PROTECTIONS TO DEPENDENTS. Upon application to a 
court, a dependent of a servicemember is entitled to the protections of 
 this title if the dependents ability to comply with a lease, 
   contract, bailment, or other obligation is materially affected by 
     reason of the servicemembers military service. TITLE 
 IVLIFE INSURANCE SEC. 401. [50 U.S.C. App. 541] DEFINITIONS. For 
         the purposes of this title: (1) POLICY.The term 
policy means any individual contract for 
 whole, endowment, universal, or term life insurance (other than group 
 term life insurance coverage), including any benefit in the nature of 
such insurance arising out of membership in any fraternal or beneficial 
 association which (A) provides that the insurer may not (i) 
decrease the amount of coverage or require the payment of an additional 
 amount as premiums if the insured engages in military service (except 
increases in premiums in individual term insurance based upon age); or 
 (ii) limit or restrict coverage for any activity required by military 
service; and (B) is in force not less than 180 days before the date of 
 the insureds entry into military service and at the time of 
        application under this title. (2) PREMIUM.The term 
premium means the amount specified in an 
     insurance policy to be paid to keep the policy in force. (3) 
  INSURED.The term insured means a 
        servicemember whose life is insured under a policy. (4) 
 INSURER.The term insurer includes 
 any firm, corporation, partnership, association, or business that is 
  chartered or authorized to provide insurance and issue contracts or 
  policies by the laws of a State or the United States. SEC. 402. [50 
   U.S.C. App. 542] INSURANCE RIGHTS AND PROTECTIONS. (a) RIGHTS AND 
 PROTECTIONS.The rights and protections under this title apply to 
the insured when (1) the insured, (2) the insureds legal 
representative, or (3) the insureds beneficiary in the case of 
 an insured who is outside a State, applies in writing for protection 
 under this title, unless the Secretary of Veterans Affairs determines 
 that the insureds policy is not entitled to protection under 
  this title. (b) NOTIFICATION AND APPLICATION.The Secretary of 
Veterans Affairs shall notify the Secretary concerned of the procedures 
to be used to apply for the protections provided under this title. The 
applicant shall send the original application to the insurer and a copy 
to the Secretary of Veterans Affairs. (c) LIMITATION ON AMOUNT.The 
  total amount of life insurance coverage protection provided by this 
 title for a servicemember may not exceed $250,000, or an amount equal 
  to the Servicemembers Group Life Insurance maximum limit, 
 whichever is greater, regardless of the number of policies submitted. 
 SEC. 403. [50 U.S.C. App. 543] APPLICATION FOR INSURANCE PROTECTION. 
(a) APPLICATION PROCEDURE.An application for protection under this 
   title shall (1) be in writing and signed by the insured, the 
   insureds legal representative, or the insureds 
   beneficiary, as the case may be; (2) identify the policy and the 
insurer; and (3) include an acknowledgement that the insureds 
 rights under the policy are subject to and modified by the provisions 
   of this title. (b) ADDITIONAL REQUIREMENTS.The Secretary of 
Veterans Affairs may require additional information from the applicant, 
 the insured and the insurer to determine if the policy is entitled to 
    protection under this title. (c) NOTICE TO THE SECRETARY BY THE 
   INSURER.Upon receipt of the application of the insured, the 
 insurer shall furnish a report concerning the policy to the Secretary 
   of Veterans Affairs as required by regulations prescribed by the 
Secretary. (d) POLICY MODIFICATION.Upon application for protection 
under this title, the insured and the insurer shall have constructively 
  agreed to any policy modification necessary to give this title full 
 force and effect. SEC. 404. [50 U.S.C. App. 544] POLICIES ENTITLED TO 
PROTECTION AND LAPSE OF POLICIES. (a) DETERMINATION.The Secretary 
  of Veterans Affairs shall determine whether a policy is entitled to 
   protection under this title and shall notify the insured and the 
insurer of that determination. (b) LAPSE PROTECTION.A policy that 
  the Secretary determines is entitled to protection under this title 
    shall not lapse or otherwise terminate or be forfeited for the 
  nonpayment of a premium, or interest or indebtedness on a premium, 
 after the date on which the application for protection is received by 
  the Secretary. (c) TIME APPLICATION.The protection provided by 
  this title applies during the insureds period of military 
service and for a period of two years thereafter. SEC. 405. [50 U.S.C. 
  App. 545] POLICY RESTRICTIONS. (a) DIVIDENDS.While a policy is 
protected under this title, a dividend or other monetary benefit under 
  a policy may not be paid to an insured or used to purchase dividend 
additions without the approval of the Secretary of Veterans Affairs. If 
such approval is not obtained, the dividends or benefits shall be added 
to the value of the policy to be used as a credit when final settlement 
is made with the insurer. (b) SPECIFIC RESTRICTIONS.While a policy 
 is protected under this title, cash value, loan value, withdrawal of 
  dividend accumulation, unearned premiums, or other value of similar 
 character may not be available to the insured without the approval of 
    the Secretary. The right of the insured to change a beneficiary 
 designation or select an optional settlement for a beneficiary shall 
 not be affected by the provisions of this title. SEC. 406. [50 U.S.C. 
       App. 546] DEDUCTION OF UNPAID PREMIUMS. (a) SETTLEMENT OF 
          PROCEEDS.If a policy matures as a result of a 
    servicemembers death or otherwise during the period of 
   protection of the policy under this title, the insurer in making 
 settlement shall deduct from the insurance proceeds the amount of the 
unpaid premiums guaranteed under this title, together with interest due 
    at the rate fixed in the policy for policy loans. (b) INTEREST 
RATE.If the interest rate is not specifically fixed in the policy, 
the rate shall be the same as for policy loans in other policies issued 
by the insurer at the time the insureds policy was issued. (c) 
 REPORTING REQUIREMENT.The amount deducted under this section, if 
  any, shall be reported by the insurer to the Secretary of Veterans 
     Affairs. SEC. 407. [50 U.S.C. App. 547] PREMIUMS AND INTEREST 
GUARANTEED BY UNITED STATES. (a) GUARANTEE OF PREMIUMS AND INTEREST BY 
  THE UNITED STATES. (1) GUARANTEE.Payment of premiums, and 
interest on premiums at the rate specified in section 406, which become 
due on a policy under the protection of this title is guaranteed by the 
  United States. If the amount guaranteed is not paid to the insurer 
before the period of insurance protection under this title expires, the 
  amount due shall be treated by the insurer as a policy loan on the 
policy. (2) POLICY TERMINATION.If, at the expiration of insurance 
 protection under this title, the cash surrender value of a policy is 
 less than the amount due to pay premiums and interest on premiums on 
  the policy, the policy shall terminate. Upon such termination, the 
 United States shall pay the insurer the difference between the amount 
due and the cash surrender value. (b) RECOVERY FROM INSURED OF AMOUNTS 
    PAID BY THE UNITED STATES. (1) DEBT PAYABLE TO THE UNITED 
 STATES.The amount paid by the United States to an insurer under 
this title shall be a debt payable to the United States by the insured 
 on whose policy payment was made. (2) COLLECTION.Such amount may 
be collected by the United States, either as an offset from any amount 
due the insured by the United States or as otherwise authorized by law. 
(3) DEBT NOT DISCHARGEABLE IN BANKRUPTCY.Such debt payable to the 
   United States is not dischargeable in bankruptcy proceedings. (c) 
CREDITING OF AMOUNTS RECOVERED.Any amounts received by the United 
 States as repayment of debts incurred by an insured under this title 
shall be credited to the appropriation for the payment of claims under 
 this title. SEC. 408. [50 U.S.C. App. 548] REGULATIONS. The Secretary 
of Veterans Affairs shall prescribe regulations for the implementation 
  of this title. SEC. 409. [50 U.S.C. App. 549] REVIEW OF FINDINGS OF 
 FACT AND CONCLUSIONS OF LAW. The findings of fact and conclusions of 
  law made by the Secretary of Veterans Affairs in administering this 
title are subject to review on appeal to the Board of Veterans 
Appeals pursuant to chapter 71 of title 38, United States Code, and to 
  judicial review only as provided in chapter 72 of such title. TITLE 
   VTAXES AND PUBLIC LANDS SEC. 501. [50 U.S.C. App. 561] TAXES 
 RESPECTING PERSONAL PROPERTY, MONEY, CREDITS, AND REAL PROPERTY. (a) 
  APPLICATION.This section applies in any case in which a tax or 
 assessment, whether general or special (other than a tax on personal 
  income), falls due and remains unpaid before or during a period of 
  military service with respect to a servicemembers (1) 
  personal property (including motor vehicles); or (2) real property 
occupied for dwelling, professional, business, or agricultural purposes 
    by a servicemember or the servicemembers dependents or 
   employees (A) before the servicemembers entry into 
military service; and (B) during the time the tax or assessment remains 
 unpaid. (b) SALE OF PROPERTY. (1) LIMITATION ON SALE OF PROPERTY 
 TO ENFORCE TAX AS-SESSMENT.Property described in subsection (a) 
  may not be sold to enforce the collection of such tax or assessment 
  except by court order and upon the determination by the court that 
military service does not materially affect the servicemembers 
    ability to pay the unpaid tax or assessment. (2) STAY OF COURT 
     PROCEEDINGS.A court may stay a proceeding to enforce the 
collection of such tax or assessment, or sale of such property, during 
a period of military service of the servicemember and for a period not 
    more than 180 days after the termination of, or release of the 
servicemember from, military service. (c) REDEMPTION.When property 
    described in subsection (a) is sold or forfeited to enforce the 
collection of a tax or assessment, a servicemember shall have the right 
 to redeem or commence an action to redeem the servicemembers 
property during the period of military service or within 180 days after 
 termination of or release from military service. This subsection may 
 not be construed to shorten any period provided by the law of a State 
 (including any political subdivision of a State) for redemption. (d) 
 INTEREST ON TAX OR ASSESSMENT.Whenever a service-member does not 
 pay a tax or assessment on property described in subsection (a) when 
  due, the amount of the tax or assessment due and unpaid shall bear 
 interest until paid at the rate of 6 percent per year. An additional 
 penalty or interest shall not be incurred by reason of nonpayment. A 
lien for such unpaid tax or assessment may include interest under this 
 subsection. (e) JOINT OWNERSHIP APPLICATION.This section applies 
to all forms of property described in subsection (a) owned individually 
  by a servicemember or jointly by a servicemember and a dependent or 
dependents. SEC. 502. [50 U.S.C. App. 562] RIGHTS IN PUBLIC LANDS. (a) 
RIGHTS NOT FORFEITED.The rights of a servicemember to lands owned 
 or controlled by the United States, and initiated or acquired by the 
servicemember under the laws of the United States (including the mining 
    and mineral leasing laws) before military service, shall not be 
 forfeited or prejudiced as a result of being absent from the land, or 
 by failing to begin or complete any work or improvements to the land, 
  during the period of military service. (b) TEMPORARY SUSPENSION OF 
 PERMITS OR LICENSES.If a permittee or licensee under the Act of 
  June 28, 1934 (43 U.S.C. 315 et seq.), enters military service, the 
permittee or licensee may suspend the permit or license for the period 
 of military service and for 180 days after termination of or release 
 from military service. (c) REGULATIONS.Regulations prescribed by 
  the Secretary of the Interior shall provide for such suspension of 
  permits and licenses and for the remission, reduction, or refund of 
grazing fees during the period of such suspension. SEC. 503. [50 U.S.C. 
       App. 563] DESERT-LAND ENTRIES. (a) DESERT-LAND RIGHTS NOT 
 FORFEITED.A desert-land entry made or held under the desert-land 
  laws before the entrance of the entryman or the entrymans 
  successor in interest into military service shall not be subject to 
  contest or cancellation (1) for failure to expend any required 
   amount per acre per year in improvements upon the claim; (2) for 
 failure to effect the reclamation of the claim during the period the 
  entryman or the entrymans successor in interest is in the 
military service, or for 180 days after termination of or release from 
   military service; or (3) during any period of hospitalization or 
 rehabilitation due to an injury or disability incurred in the line of 
  duty. The time within which the entryman or claimant is required to 
  make such expenditures and effect reclamation of the land shall be 
exclusive of the time periods described in paragraphs (2) and (3). (b) 
SERVICE-RELATED DISABILITY.If an entryman or claimant is honorably 
discharged and is unable to accomplish reclamation of, and payment for, 
   desert land due to a disability incurred in the line of duty, the 
  entryman or claimant may make proof without further reclamation or 
    payments, under regulations prescribed by the Secretary of the 
  Interior, and receive a patent for the land entered or claimed. (c) 
   FILING REQUIREMENT.In order to obtain the protection of this 
 section, the entryman or claimant shall, within 180 days after entry 
  into military service, cause to be filed in the land office of the 
district where the claim is situated a notice communicating the fact of 
 military service and the desire to hold the claim under this section. 
    SEC. 504. [50 U.S.C. App. 564] MINING CLAIMS. (a) REQUIREMENTS 
 SUSPENDED.The provisions of section 2324 of the Revised Statutes 
 of the United States (30 U.S.C. 28) specified in subsection (b) shall 
 not apply to a servicemembers claims or interests in claims, 
regularly located and recorded, during a period of military service and 
    180 days thereafter, or during any period of hospitalization or 
rehabilitation due to injuries or disabilities incurred in the line of 
   duty. (b) REQUIREMENTS.The provisions in section 2324 of the 
 Revised Statutes that shall not apply under subsection (a) are those 
which require that on each mining claim located after May 10, 1872, and 
until a patent has been issued for such claim, not less than $100 worth 
of labor shall be performed or improvements made during each year. (c) 
PERIOD OF PROTECTION FROM FORFEITURE.A mining claim or an interest 
in a claim owned by a servicemember that has been regularly located and 
   recorded shall not be subject to forfeiture for nonperformance of 
 annual assessments during the period of military service and for 180 
days thereafter, or for any period of hospitalization or rehabilitation 
 described in subsection (a). (d) FILING REQUIREMENT.In order to 
   obtain the protections of this section, the claimant of a mining 
location shall, before the end of the assessment year in which military 
  service is begun or within 60 days after the end of such assessment 
  year, cause to be filed in the office where the location notice or 
  certificate is recorded a notice communicating the fact of military 
  service and the desire to hold the mining claim under this section. 
    SEC. 505. [50 U.S.C. App. 565] MINERAL PERMITS AND LEASES. (a) 
 SUSPENSION DURING MILITARY SERVICE.A person holding a permit or 
 lease on the public domain under the Federal mineral leasing laws who 
enters military service may suspend all operations under the permit or 
lease for the duration of military service and for 180 days thereafter. 
  The term of the permit or lease shall not run during the period of 
 suspension, nor shall any rental or royalties be charged against the 
         permit or lease during the period of suspension. (b) 
 NOTIFICATION.In order to obtain the protection of this section, 
    the permittee or lessee shall, within 180 days after entry into 
 military service, notify the Secretary of the Interior by registered 
 mail of the fact that military service has begun and of the desire to 
hold the claim under this section. (c) CONTRACT MODIFICATION.This 
 section shall not be construed to supersede the terms of any contract 
  for operation of a permit or lease. SEC. 506. [50 U.S.C. App. 566] 
     PERFECTION OR DEFENSE OF RIGHTS. (a) RIGHT TO TAKE ACTION NOT 
AFFECTED.This title shall not affect the right of a servicemember 
 to take action during a period of military service that is authorized 
   by law or regulations of the Department of the Interior, for the 
   perfection, defense, or further assertion of rights initiated or 
     acquired before entering military service. (b) AFFIDAVITS AND 
  PROOFS. (1) IN GENERAL.A servicemember during a period of 
military service may make any affidavit or submit any proof required by 
   law, practice, or regulation of the Department of the Interior in 
connection with the entry, perfection, defense, or further assertion of 
rights initiated or acquired before entering military service before an 
 officer authorized to provide notary services under section 1044a of 
title 10, United States Code, or any superior commissioned officer. (2) 
LEGAL STATUS OF AFFIDAVITS.Such affidavits shall be binding in law 
  and subject to the same penalties as prescribed by section 1001 of 
      title 18, United State Code. SEC. 507. [50 U.S.C. App. 567] 
     DISTRIBUTION OF INFORMATION CONCERNING BENEFITS OF TITLE. (a) 
DISTRIBUTION OF INFORMATION BY SECRETARY CON-CERNED.The Secretary 
  concerned shall issue to servicemembers information explaining the 
  provisions of this title. (b) APPLICATION FORMS.The Secretary 
concerned shall provide application forms to servicemembers requesting 
    relief under this title. (c) INFORMATION FROM SECRETARY OF THE 
   INTERIOR.The Secretary of the Interior shall furnish to the 
Secretary concerned information explaining the provisions of this title 
(other than sections 501, 510, and 511) and related application forms. 
 SEC. 508. [50 U.S.C. App. 568] LAND RIGHTS OF SERVICEMEMBERS. (a) NO 
AGE LIMITATIONS.Any servicemember under the age of 21 in military 
service shall be entitled to the same rights under the laws relating to 
 lands owned or controlled by the United States, including mining and 
mineral leasing laws, as those servicemembers who are 21 years of age. 
     (b) RESIDENCY REQUIREMENT.Any requirement related to the 
 establishment of a residence within a limited time shall be suspended 
  as to entry by a servicemember in military service or the spouse of 
such servicemember until 180 days after termination of or release from 
 military service. (c) ENTRY APPLICATIONS.Applications for entry 
 may be verified before a person authorized to administer oaths under 
section 1044a of title 10, United States Code, or under the laws of the 
   State where the land is situated. SEC. 509. [50 U.S.C. App. 569] 
   REGULATIONS. The Secretary of the Interior may issue regulations 
 necessary to carry out this title (other than sections 501, 510, and 
  511). SEC. 510. [50 U.S.C. App. 570] INCOME TAXES. (a) DEFERRAL OF 
    TAX.Upon notice to the Internal Revenue Service or the tax 
    authority of a State or a political subdivision of a State, the 
 collection of income tax on the income of a servicemember falling due 
 before or during military service shall be deferred for a period not 
   more than 180 days after termination of or release from military 
service, if a servicemembers ability to pay such income tax is 
  materially affected by military service. (b) ACCRUAL OF INTEREST OR 
  PENALTY.No interest or penalty shall accrue for the period of 
 deferment by reason of nonpayment on any amount of tax deferred under 
this section. (c) STATUTE OF LIMITATIONS.The running of a statute 
   of limitations against the collection of tax deferred under this 
section, by seizure or otherwise, shall be suspended for the period of 
 military service of the servicemember and for an additional period of 
270 days thereafter. (d) APPLICATION LIMITATION.This section shall 
   not apply to the tax imposed on employees by section 3101 of the 
Internal Revenue Code of 1986. SEC. 511. [50 U.S.C. App. 571] RESIDENCE 
FOR TAX PURPOSES. (a) RESIDENCE OR DOMICILE. (1) IN GENERAL.A 
 servicemember shall neither lose nor acquire a residence or domicile 
for purposes of taxation with respect to the person, personal property, 
or income of the servicemember by reason of being absent or present in 
  any tax jurisdiction of the United States solely in compliance with 
  military orders. (2) SPOUSES.A spouse of a servicemember shall 
   neither lose nor acquire a residence or domicile for purposes of 
 taxation with respect to the person, personal property, or income of 
the spouse by reason of being absent or present in any tax jurisdiction 
of the United States solely to be with the service-member in compliance 
 with the servicemembers military orders if the residence or 
domicile, as the case may be, is the same for the servicemember and the 
   spouse. (b) MILITARY SERVICE COMPENSATION.Compensation of a 
servicemember for military service shall not be deemed to be income for 
  services performed or from sources within a tax jurisdiction of the 
United States if the servicemember is not a resident or domiciliary of 
 the jurisdiction in which the servicemember is serving in compliance 
 with military orders. (c) INCOME OF A MILITARY SPOUSE.Income for 
services performed by the spouse of a servicemember shall not be deemed 
   to be income for services performed or from sources within a tax 
 jurisdiction of the United States if the spouse is not a resident or 
 domiciliary of the jurisdiction in which the income is earned because 
 the spouse is in the jurisdiction solely to be with the servicemember 
serving in compliance with military orders. (d) PERSONAL PROPERTY. 
(1) RELIEF FROM PERSONAL PROPERTY TAXES.The personal property of a 
servicemember or the spouse of a service-member shall not be deemed to 
 be located or present in, or to have a situs for taxation in, the tax 
 jurisdiction in which the servicemember is serving in compliance with 
  military orders. (2) EXCEPTION FOR PROPERTY WITHIN MEMBERS 
DOMICILE OR RESIDENCE.This subsection applies to personal property 
         or its use within any tax jurisdiction other than the 
servicemembers or the spouses domicile or residence. 
(3) EXCEPTION FOR PROPERTY USED IN TRADE OR BUSI-NESS.This section 
    does not prevent taxation by a tax jurisdiction with respect to 
 personal property used in or arising from a trade or business, if it 
         has jurisdiction. (4) RELATIONSHIP TO LAW OF STATE OF 
DOMICILE.Eligibility for relief from personal property taxes under 
this subsection is not contingent on whether or not such taxes are paid 
  to the State of domicile. (e) INCREASE OF TAX LIABILITY.A tax 
  jurisdiction may not use the military compensation of a nonresident 
  servicemember to increase the tax liability imposed on other income 
earned by the nonresident servicemember or spouse subject to tax by the 
     jurisdiction. (f) FEDERAL INDIAN RESERVATIONS.An Indian 
  servicemember whose legal residence or domicile is a Federal Indian 
  reservation shall be taxed by the laws applicable to Federal Indian 
 reservations and not the State where the reservation is located. (g) 
      DEFINITIONS.For purposes of this section: (1) PERSONAL 
PROPERTY.The term personal property 
means intangible and tangible property (including motor vehicles). (2) 
TAXATION.The term taxation includes 
 licenses, fees, or excises imposed with respect to motor vehicles and 
their use, if the license, fee, or excise is paid by the servicemember 
in the servicemembers State of domicile or residence. (3) TAX 
              JURISDICTION.The term tax 
jurisdiction means a State or a political subdivision 
 of a State. TITLE VIADMINISTRATIVE REMEDIES SEC. 601. [50 U.S.C. 
   App. 581] INAPPROPRIATE USE OF ACT. If a court determines, in any 
 proceeding to enforce a civil right, that any interest, property, or 
contract has been transferred or acquired with the intent to delay the 
  just enforcement of such right by taking advantage of this Act, the 
court shall enter such judgment or make such order as might lawfully be 
entered or made concerning such transfer or acquisition. SEC. 602. [50 
U.S.C. App. 582] CERTIFICATES OF SERVICE; PERSONS REPORTED MISSING. (a) 
     PRIMA FACIE EVIDENCE.In any proceeding under this Act, a 
 certificate signed by the Secretary concerned is prima facie evidence 
as to any of the following facts stated in the certificate: (1) That a 
person named is, is not, has been, or has not been in military service. 
(2) The time and the place the person entered military service. (3) The 
  persons residence at the time the person entered military 
  service. (4) The rank, branch, and unit of military service of the 
  person upon entry. (5) The inclusive dates of the persons 
  military service. (6) The monthly pay received by the person at the 
 date of the certificates issuance. (7) The time and place of 
 the persons termination of or release from military service, 
      or the persons death during military service. (b) 
 CERTIFICATES.The Secretary concerned shall furnish a certificate 
    under subsection (a) upon receipt of an application for such a 
  certificate. A certificate appearing to be signed by the Secretary 
     concerned is prima facie evidence of its contents and of the 
signers authority to issue it. (c) TREATMENT OF SERVICEMEMBERS 
IN MISSING STATUS.A servicemember who has been reported missing is 
  presumed to continue in service until accounted for. A requirement 
 under this Act that begins or ends with the death of a servicemember 
   does not begin or end until the servicemembers death is 
reported to, or determined by, the Secretary concerned or by a court of 
 competent jurisdiction. SEC. 603. [50 U.S.C. App. 583] INTERLOCUTORY 
ORDERS. An interlocutory order issued by a court under this Act may be 
  revoked, modified, or extended by that court upon its own motion or 
  otherwise, upon notification to affected parties as required by the 
  court. TITLE VIIFURTHER RELIEF SEC. 701. [50 U.S.C. App. 591] 
 ANTICIPATORY RELIEF. (a) APPLICATION FOR RELIEF.A servicemember 
 may, during military service or within 180 days of termination of or 
  release from military service, apply to a court for relief (1) 
from any obligation or liability incurred by the service-member before 
  the servicemembers military service; or (2) from a tax or 
  assessment falling due before or during the servicemembers 
   military service. (b) TAX LIABILITY OR ASSESSMENT.In a case 
    covered by subsection (a), the court may, if the ability of the 
servicemember to comply with the terms of such obligation or liability 
or pay such tax or assessment has been materially affected by reason of 
   military service, after appropriate notice and hearing, grant the 
       following relief: (1) STAY OF ENFORCEMENT OF REAL ESTATE 
      CONTRACTS. (A) In the case of an obligation payable in 
   installments under a contract for the purchase of real estate, or 
 secured by a mortgage or other instrument in the nature of a mortgage 
upon real estate, the court may grant a stay of the enforcement of the 
   obligation (i) during the servicemembers period of 
 military service; and (ii) from the date of termination of or release 
 from military service, or from the date of application if made after 
  termination of or release from military service. (B) Any stay under 
 this paragraph shall be (i) for a period equal to the remaining 
life of the installment contract or other instrument, plus a period of 
 time equal to the period of military service of the servicemember, or 
 any part of such combined period; and (ii) subject to payment of the 
balance of the principal and accumulated interest due and unpaid at the 
 date of termination or release from the applicants military 
 service or from the date of application in equal installments during 
   the combined period at the rate of interest on the unpaid balance 
     prescribed in the contract or other instrument evidencing the 
obligation, and subject to other terms as may be equitable. (2) STAY OF 
   ENFORCEMENT OF OTHER CONTRACTS. (A) In the case of any other 
 obligation, liability, tax, or assessment, the court may grant a stay 
  of enforcement (i) during the servicemembers military 
   service; and (ii) from the date of termination of or release from 
    military service, or from the date of application if made after 
 termination or release from military service. (B) Any stay under this 
paragraph shall be (i) for a period of time equal to the period of 
   the servicemembers military service or any part of such 
  period; and (ii) subject to payment of the balance of principal and 
   accumulated interest due and unpaid at the date of termination or 
  release from military service, or the date of application, in equal 
   periodic installments during this extended period at the rate of 
 interest as may be prescribed for this obligation, liability, tax, or 
  assessment, if paid when due, and subject to other terms as may be 
  equitable. (c) AFFECT OF STAY ON FINE OR PENALTY.When a court 
grants a stay under this section, a fine or penalty shall not accrue on 
    the obligation, liability, tax, or assessment for the period of 
  compliance with the terms and conditions of the stay. SEC. 702. [50 
  U.S.C. App. 592] POWER OF ATTORNEY. (a) AUTOMATIC EXTENSION.A 
 power of attorney of a service-member shall be automatically extended 
for the period the service-member is in a missing status (as defined in 
    section 551(2) of title 37, United States Code) if the power of 
attorney (1) was duly executed by the servicemember (A) while 
  in military service; or (B) before entry into military service but 
after the servicemember (i) received a call or order to report for 
military service; or (ii) was notified by an official of the Department 
of Defense that the person could receive a call or order to report for 
 military service; (2) designates the servicemembers spouse, 
parent, or other named relative as the servicemembers attorney 
in fact for certain, specified, or all purposes; and (3) expires by its 
terms after the servicemember entered a missing status. (b) LIMITATION 
 ON POWER OF ATTORNEY EXTENSION.A power of attorney executed by a 
servicemember may not be extended under subsection (a) if the document 
 by its terms clearly indicates that the power granted expires on the 
    date specified even though the servicemember, after the date of 
   execution of the document, enters a missing status. SEC. 703. [50 
        U.S.C. App. 593] PROFESSIONAL LIABILITY PROTECTION. (a) 
APPLICABILITY.This section applies to a servicemember who (1) 
    after July 31, 1990, is ordered to active duty (other than for 
 training) pursuant to sections 688, 12301(a), 12301(g), 12302, 12304, 
 12306, or 12307 of title 10, United States Code, or who is ordered to 
 active duty under section 12301(d) of such title during a period when 
 members are on active duty pursuant to any of the preceding sections; 
and (2) immediately before receiving the order to active duty (A) 
was engaged in the furnishing of health-care or legal services or other 
  services determined by the Secretary of Defense to be professional 
  services; and (B) had in effect a professional liability insurance 
policy that does not continue to cover claims filed with respect to the 
 servicemember during the period of the servicemembers active 
 duty unless the premiums are paid for such coverage for such period. 
  (b) SUSPENSION OF COVERAGE. (1) SUSPENSION.Coverage of a 
servicemember referred to in subsection (a) by a professional liability 
    insurance policy shall be suspended by the insurance carrier in 
accordance with this subsection upon receipt of a written request from 
the servicemember by the insurance carrier. (2) PREMIUMS FOR SUSPENDED 
CONTRACTS.A professional liability insurance carrier (A) may 
 not require that premiums be paid by or on behalf of a servicemember 
for any professional liability insurance coverage suspended pursuant to 
 paragraph (1); and (B) shall refund any amount paid for coverage for 
      the period of such suspension or, upon the election of such 
    servicemember, apply such amount for the payment of any premium 
becoming due upon the reinstatement of such coverage. (3) NONLIABILITY 
 OF CARRIER DURING SUSPENSION.A professional liability insurance 
carrier shall not be liable with respect to any claim that is based on 
  professional conduct (including any failure to take any action in a 
 professional capacity) of a servicemember that occurs during a period 
 of suspension of that servicemembers professional liability 
insurance under this subsection. (4) CERTAIN CLAIMS CONSIDERED TO ARISE 
  BEFORE SUSPEN-SION.For the purposes of paragraph (3), a claim 
based upon the failure of a professional to make adequate provision for 
a patient, client, or other person to receive professional services or 
other assistance during the period of the professionals active 
duty service shall be considered to be based on an action or failure to 
  take action before the beginning of the period of the suspension of 
  professional liability insurance under this subsection, except in a 
case in which professional services were provided after the date of the 
   beginning of such period. (c) REINSTATEMENT OF COVERAGE. (1) 
 REINSTATEMENT REQUIRED.Professional liability insurance coverage 
 suspended in the case of any servicemember pursuant to subsection (b) 
shall be reinstated by the insurance carrier on the date on which that 
servicemember transmits to the insurance carrier a written request for 
reinstatement. (2) TIME AND PREMIUM FOR REINSTATEMENT.The request 
  of a servicemember for reinstatement shall be effective only if the 
servicemember transmits the request to the insurance carrier within 30 
days after the date on which the servicemember is released from active 
 duty. The insurance carrier shall notify the servicemember of the due 
 date for payment of the premium of such insurance. Such premium shall 
  be paid by the service-member within 30 days after receipt of that 
  notice. (3) PERIOD OF REINSTATED COVERAGE.The period for which 
  professional liability insurance coverage shall be reinstated for a 
servicemember under this subsection may not be less than the balance of 
the period for which coverage would have continued under the insurance 
    policy if the coverage had not been suspended. (d) INCREASE IN 
  PREMIUM. (1) LIMITATION ON PREMIUM INCREASES.An insurance 
    carrier may not increase the amount of the premium charged for 
professional liability insurance coverage of any servicemember for the 
  minimum period of the reinstatement of such coverage required under 
 subsection (c)(3) to an amount greater than the amount chargeable for 
       such coverage for such period before the suspension. (2) 
EXCEPTION.Paragraph (1) does not prevent an increase in premium to 
  the extent of any general increase in the premiums charged by that 
   carrier for the same professional liability coverage for persons 
     similarly covered by such insurance during the period of the 
 suspension. (e) CONTINUATION OF COVERAGE OF UNAFFECTED PERSONS. 
  This section does not (1) require a suspension of professional 
   liability insurance protection for any person who is not a person 
     referred to in subsection (a) and who is covered by the same 
   professional liability insurance as a person referred to in such 
subsection; or (2) relieve any person of the obligation to pay premiums 
  for the coverage not required to be suspended. (f) STAY OF CIVIL OR 
   ADMINISTRATIVE ACTIONS. (1) STAY OF ACTIONS.A civil or 
     administrative action for damages on the basis of the alleged 
     professional negligence or other professional liability of a 
servicemember whose professional liability insurance coverage has been 
  suspended under subsection (b) shall be stayed until the end of the 
 period of the suspension if (A) the action was commenced during 
  the period of the suspension; (B) the action is based on an act or 
 omission that occurred before the date on which the suspension became 
   effective; and (C) the suspended professional liability insurance 
    would, except for the suspension, on its face cover the alleged 
 professional negligence or other professional liability negligence or 
    other professional liability of the service-member. (2) DATE OF 
 COMMENCEMENT OF ACTION.Whenever a civil or administrative action 
     for damages is stayed under paragraph (1) in the case of any 
servicemember, the action shall have been deemed to have been filed on 
the date on which the professional liability insurance coverage of the 
    servicemember is reinstated under subsection (c). (g) EFFECT OF 
   SUSPENSION UPON LIMITATIONS PERIOD.In the case of a civil or 
 administrative action for which a stay could have been granted under 
 subsection (f) by reason of the suspension of professional liability 
 insurance coverage of the defendant under this section, the period of 
 the suspension of the coverage shall be excluded from the computation 
   of any statutory period of limitation on the commencement of such 
 action. (h) DEATH DURING PERIOD OF SUSPENSION.If a servicemember 
  whose professional liability insurance coverage is suspended under 
 subsection (b) dies during the period of the suspension (1) the 
  requirement for the grant or continuance of a stay in any civil or 
   administrative action against such servicemember under subsection 
(f)(1) shall terminate on the date of the death of such servicemember; 
    and (2) the carrier of the professional liability insurance so 
 suspended shall be liable for any claim for damages for professional 
      negligence or other professional liability of the deceased 
servicemember in the same manner and to the same extent as such carrier 
  would be liable if the servicemember had died while covered by such 
  insurance but before the claim was filed. (i) DEFINITIONS.For 
        purposes of this section: (1) ACTIVE DUTY.The term 
 active duty has the meaning given that 
    term in section 101(d)(1) of title 10, United States Code. (2) 
   PROFESSION.The term profession 
          includes occupation. (3) PROFESSIONAL.The term 
professional includes occupational. SEC. 
     704. [50 U.S.C. App. 594] HEALTH INSURANCE REINSTATEMENT. (a) 
 REINSTATEMENT OF HEALTH INSURANCE.A servicemember who, by reason 
of military service as defined in section 703(a)(1), is entitled to the 
    rights and protections of this Act shall also be entitled upon 
termination or release from such service to reinstatement of any health 
 insurance that (1) was in effect on the day before such service 
commenced; and (2) was terminated effective on a date during the period 
     of such service. (b) NO EXCLUSION OR WAITING PERIOD.The 
   reinstatement of health care insurance coverage for the health or 
 physical condition of a servicemember described in subsection (a), or 
   any other person who is covered by the insurance by reason of the 
coverage of the servicemember, shall not be subject to an exclusion or 
a waiting period, if (1) the condition arose before or during the 
period of such service; (2) an exclusion or a waiting period would not 
have been imposed for the condition during the period of coverage; and 
(3) in a case in which the condition relates to the service-member, the 
condition has not been determined by the Secretary of Veterans Affairs 
 to be a disability incurred or aggravated in the line of duty (within 
   the meaning of section 105 of title 38, United States Code). (c) 
   EXCEPTIONS.Subsection (a) does not apply to a service-member 
entitled to participate in employer-offered insurance benefits pursuant 
 to the provisions of chapter 43 of title 38, United States Code. (d) 
  TIME FOR APPLYING FOR REINSTATEMENT.An application under this 
  section must be filed not later than 120 days after the date of the 
  termination of or release from military service. (e) LIMITATION ON 
 PREMIUM INCREASES. (1) PREMIUM PROTECTION.The amount of the 
    premium for health insurance coverage that was terminated by a 
 servicemember and required to be reinstated under subsection (a) may 
  not be increased, for the balance of the period for which coverage 
 would have been continued had the coverage not been terminated, to an 
amount greater than the amount chargeable for such coverage before the 
        termination. (2) INCREASES OF GENERAL APPLICABILITY NOT 
PRECLUDED.Paragraph (1) does not prevent an increase in premium to 
   the extent of any general increase in the premiums charged by the 
  carrier of the health care insurance for the same health insurance 
  coverage for persons similarly covered by such insurance during the 
  period between the termination and the reinstatement. SEC. 705. [50 
  U.S.C. App. 595] GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL AND 
SPOUSES OF MILITARY PERSONNEL. (a) IN GENERAL.For the purposes of 
voting for any Federal office (as defined in section 301 of the Federal 
   Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
office, a person who is absent from a State in compliance with military 
or naval orders shall not, solely by reason of that absence (1) be 
  deemed to have lost a residence or domicile in that State, without 
 regard to whether or not the person intends to return to that State; 
  (2) be deemed to have acquired a residence or domicile in any other 
 State; or (3) be deemed to have become a resident in or a resident of 
 any other State. (b) SPOUSES.For the purposes of voting for any 
   Federal office (as defined in section 301 of the Federal Election 
  Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a 
 person who is absent from a State because the person is accompanying 
   the persons spouse who is absent from that same State in 
compliance with military or naval orders shall not, solely by reason of 
that absence (1) be deemed to have lost a residence or domicile in 
  that State, without regard to whether or not the person intends to 
  return to that State; (2) be deemed to have acquired a residence or 
domicile in any other State; or (3) be deemed to have become a resident 
  in or a resident of any other State. SEC. 706. [50 U.S.C. App. 596] 
BUSINESS OR TRADE OBLIGATIONS. (a) AVAILABILITY OF NON-BUSINESS ASSETS 
 TO SATISFY OBLIGA-TIONS.If the trade or business (without regard 
   to the form in which such trade or business is carried out) of a 
      servicemember has an obligation or liability for which the 
servicemember is personally liable, the assets of the servicemember not 
held in connection with the trade or business may not be available for 
        satisfaction of the obligation or liability during the 
        servicemembers military service. (b) RELIEF TO 
     OBLIGORS.Upon application to a court by the holder of an 
obligation or liability covered by this section, relief granted by this 
   section to a servicemember may be modified as justice and equity 
require. TITLE VIIICIVIL LIABILITY SEC. 801. [50 U.S.C. App. 597] 
ENFORCEMENT BY THE ATTORNEY GENERAL. (a) CIVIL ACTION.The Attorney 
 General may commence a civil action in any appropriate district court 
   of the United States against any person who (1) engages in a 
    pattern or practice of violating this Act; or (2) engages in a 
   violation of this Act that raises an issue of significant public 
     importance. (b) RELIEF.In a civil action commenced under 
subsection (a), the court may (1) grant any appropriate equitable 
 or declaratory relief with respect to the violation of this Act; (2) 
award all other appropriate relief, including monetary damages, to any 
person aggrieved by the violation; and (3) may, to vindicate the public 
 interest, assess a civil penalty (A) in an amount not exceeding 
   $55,000 for a first violation; and (B) in an amount not exceeding 
   $110,000 for any subsequent violation. (c) INTERVENTION.Upon 
timely application, a person aggrieved by a violation of this Act with 
 respect to which the civil action is commenced may intervene in such 
  action, and may obtain such appropriate relief as the person could 
    obtain in a civil action under section 802 with respect to that 
 violation, along with costs and a reasonable attorney fee. SEC. 802. 
[50 U.S.C. App. 597a] PRIVATE RIGHT OF ACTION. (a) IN GENERAL.Any 
person aggrieved by a violation of this Act may in a civil action 
(1) obtain any appropriate equitable or declaratory relief with respect 
    to the violation; and (2) recover all other appropriate relief, 
including monetary damages. (b) COSTS AND ATTORNEY FEES.The court 
may award to a person aggrieved by a violation of this Act who prevails 
  in an action brought under subsection (a) the costs of the action, 
 including a reasonable attorney fee. SEC. 803. [50 U.S.C. App. 597b] 
   PRESERVATION OF REMEDIES. Nothing in section 801 or 802 shall be 
  construed to preclude or limit any remedy otherwise available under 
        other law, including consequential and punitive damages.
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