[House Prints, 112th Congress]
[From the U.S. Government Printing 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 fa