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119th Congress

Title 38 — Veterans’ Benefits

Part II · Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths

§ 1322. Certifications with respect to social security entitlement

Statutory text

(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 veteran’s 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 1322

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 422

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 422

  2. Pub. L. 87–268 § 1(b) · 75 Stat. 566

    1. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 87–268 § 1(c), substituted “section 412(a)” for “section 412”

    2. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 87–268 § 1(c), substituted “section 412(a)(2)” for “section 412(2)”

    3. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 87–268 § 1(c), substituted “section 412(a)(3)” for “section 412(3)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–268 § 1(c), substituted “section 412(a)” for “section 412”, “section 412(a)(2)” for “section 412(2)”, and “section 412(a)(3)” for “section 412(3)”.

  3. Pub. L. 87–268 § 1(b) · 75 Stat. 566

    Substituted · 38 U.S.C. § 1322(c)

    Pub. L. 87–268, § 1(b), substituted “section 412(a)” for “section 412”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–268, § 1(b), substituted “section 412(a)” for “section 412”.

  4. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title IV § 405(18) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1322(a)

    Pub. L. 94–433 substituted “such veteran’s” and “such Secretary” for “his” and “him”, respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” and “such Secretary” for “his” and “him”, respectively.

    Enacted provision · exact public law section
    (18) by striking out in section 422(a) “his” and “him” and inserting in lieu thereof “such veteran’s” and “such Secretary”, respectively; and

    Effective date note
    Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

  5. Pub. L. 97–295 § 4(12) · 96 Stat. 1287

    1. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 97–295, § 4(12), (95)(A), substituted “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42”

    2. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 97–295, § 4(12), (95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295, § 4(12), (95)(A), substituted “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42”, and “Health and Human Services” for “Health, Education, and Welfare”.

    Enacted provision · exact public law section
    (12) Section 422(a) is amended by striking out “section 402 of 38 USC 422. title 42” and substituting “section 202 of the Social Security Act (42 U.S.C. 402)”.

  6. Pub. L. 97–295 § 4(95)(A) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 1322(b)

    Pub. L. 97–295, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–295, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”.

    Enacted provision · exact public law section
    (A) The following sections are amended by striking out 38 USC 101, 422, 612, 616, 774, 2014, 3001, 3005, 5053, 5056. “Health, Education, and Welfare” wherever it appears and substituting “Health and Human Services”: 101(25)(E), 422 (a) and (b), 612(j), 616, 774, 2014(c), 3001(a), 3005, 5053(d)(1), and 5056.

  7. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1322

    Pub. L. 102–83, § 5(a), renumbered section 422 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 422 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  8. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”

    2. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 102–83, § 5(c)(1), substituted “1312(a)(2)” for “412(a)(2)”

    3. Substituted · 38 U.S.C. § 1322(a)

      Pub. L. 102–83, § 5(c)(1), substituted “1312(a)(3)” for “412(a)(3)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”, “1312(a)(2)” for “412(a)(2)”, “1312(a)(3)” for “412(a)(3)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  9. Pub. L. 102–83 § 4(b)(2)(A)(i) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1322(a)

    Pub. L. 102–83, § 4(b)(2)(A)(i), substituted “Secretary of Veterans Affairs” for “Administrator” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(2)(A)(i), substituted “Secretary of Veterans Affairs” for “Administrator” in two places.

    Enacted provision · exact public law section
    (i) in subsection (a), by striking out “Administrator” both places it appears and inserting in lieu thereof “Secretary of Veterans Affairs”; and

  10. Pub. L. 102–83 § 4(b)(2)(A)(ii) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 1322(b)

      Pub. L. 102–83, § 4(b)(2)(A)(ii), substituted “The Secretary shall pay to the Secretary of Health and Human Services” for “Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary”

    2. Substituted · 38 U.S.C. § 1322(b)

      Pub. L. 102–83, § 4(b)(2)(A)(ii), substituted “as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary” for “as the Secretary and the Administrator may prescribe”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 4(b)(2)(A)(ii), substituted “The Secretary shall pay to the Secretary of Health and Human Services” for “Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary” and “as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary” for “as the Secretary and the Administrator may prescribe”.

    Enacted provision · exact public law section
    (ii) in subsection (b)— (I) by striking out “Upon the basis” of and all that follows through “shall pay to the Secretary” and inserting in lieu thereof “The Secretary shall pay to the Secretary of Health and Human Services”; and (II) by striking out “as the Secretary and the Administrator may prescribe” and inserting in lieu thereof “as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary”.

  11. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1322(c)

    Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  12. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1322(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  13. Veterans Benefits Act of 2003

    Pub. L. 108–183 § 708(c)(1)(A) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 1322(a)

    Pub. L. 108–183, § 708(c)(1)(A), substituted “Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.” for “Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon request of the Secretary of Veterans Affairs.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–183, § 708(c)(1)(A), substituted “Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.” for “Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon request of the Secretary of Veterans Affairs.”

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “Secretary of Health and Human Services” and all that follows through the period and inserting “Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.”; and

  14. Veterans Benefits Act of 2003

    Pub. L. 108–183 § 708(c)(1)(B) · 117 Stat. 2651

    1. Substituted · 38 U.S.C. § 1322(b)

      Pub. L. 108–183, § 708(c)(1)(B), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in first sentence

    2. Substituted · 38 U.S.C. § 1322(b)

      Pub. L. 108–183, § 708(c)(1)(B), substituted “the Secretary and the Commissioner” for “the two Secretaries” in second sentence

    3. Substituted · 38 U.S.C. § 1322(b)

      Pub. L. 108–183, § 708(c)(1)(B), substituted “Commissioner” for “Secretary of Health and Human Services” in second sentence

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–183, § 708(c)(1)(B), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in first sentence and substituted “the Secretary and the Commissioner” for “the two Secretaries” and “Commissioner” for “Secretary of Health and Human Services” in second sentence.

    Enacted provision · exact public law section
    (B) in subsection (b)— (i) by striking “Secretary of Health and Human Services” in the first sentence and inserting “Commissioner of Social Security”; (ii) by striking “the two Secretaries” and inserting “the Secretary and the Commissioner”; and (iii) by striking “Secretary of Health and Human Services” in the second sentence and inserting “Commissioner”.

17 of 22 references resolved to an enrolled provision · 5 partial

Editorial Notes

Amendments1961–2003 · 5 rounds

2003

Subsec. (a). Pub. L. 108–183, § 708(c)(1)(A), substituted “Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.” for “Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon request of the Secretary of Veterans Affairs.”

Subsec. (b). Pub. L. 108–183, § 708(c)(1)(B), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in first sentence and substituted “the Secretary and the Commissioner” for “the two Secretaries” and “Commissioner” for “Secretary of Health and Human Services” in second sentence.

1991

Pub. L. 102–83, § 5(a), renumbered section 422 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”, “1312(a)(2)” for “412(a)(2)”, “1312(a)(3)” for “412(a)(3)”.

Pub. L. 102–83, § 4(b)(2)(A)(i), substituted “Secretary of Veterans Affairs” for “Administrator” in two places.

Subsec. (b). Pub. L. 102–83, § 4(b)(2)(A)(ii), substituted “The Secretary shall pay to the Secretary of Health and Human Services” for “Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary” and “as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary” for “as the Secretary and the Administrator may prescribe”.

Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

1982

Subsec. (a). Pub. L. 97–295, § 4(12), (95)(A), substituted “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42”, and “Health and Human Services” for “Health, Education, and Welfare”.

Subsec. (b). Pub. L. 97–295, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”.

1976

Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” and “such Secretary” for “his” and “him”, respectively.

1961

Subsec. (a). Pub. L. 87–268 § 1(c), substituted “section 412(a)” for “section 412”, “section 412(a)(2)” for “section 412(2)”, and “section 412(a)(3)” for “section 412(3)”.

Subsec. (c). Pub. L. 87–268, § 1(b), substituted “section 412(a)” for “section 412”.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective , see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–268 effective , see section 3 of Pub. L. 87–268, set out as a note under section 1312 of this title.

Credits

1958–2003 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1132, § 422
  2. 1961Pub. L. 87–268, § 1(b), (c), , 75 Stat. 566
  3. 1976Pub. L. 94–433, title IV, § 405(18), , 90 Stat. 1380
  4. 1982Pub. L. 97–295, § 4(12), (95)(A), , 96 Stat. 1305, 1313
  5. 1991renumbered § 1322 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(A), (E), 5(a), (c)(1), , 105 Stat. 404–406
  6. 2003Pub. L. 108–183, title VII, § 708(c)(1), , 117 Stat. 2673.
Show as published

(Pub. L. 85–857, , 72 Stat. 1132, § 422; Pub. L. 87–268, § 1(b), (c), , 75 Stat. 566; Pub. L. 94–433, title IV, § 405(18), , 90 Stat. 1380; Pub. L. 97–295, § 4(12), (95)(A), , 96 Stat. 1305, 1313; renumbered § 1322 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(A), (E), 5(a), (c)(1), , 105 Stat. 404–406; Pub. L. 108–183, title VII, § 708(c)(1), , 117 Stat. 2673.)

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