Title 38 — Veterans’ Benefits
Part II · Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths
§ 1323. Certifications with respect to circumstances of death
Statutory text
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.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1323
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1133, § 423
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1133, § 423Veterans Disability Compensation and Survivor Benefits Act of 1976
Pub. L. 94–433 title IV § 405(19) · 90 Stat. 1374
Substituted · 38 U.S.C. § 1323
Pub. L. 94–433 substituted “with the Administrator” for “with him” before “shall certify” and “shall make”
Substituted · 38 U.S.C. § 1323
Pub. L. 94–433 substituted “the Administrator” for “he” before “shall certify” and “shall make”
Source evidence
Code amendment note
Pub. L. 94–433 substituted “with the Administrator” for “with him” and “the Administrator” for “he” before “shall certify” and “shall make”.Enacted provision · exact public law section
(19) by striking out in section 423 “him” and “he” each time they appear and inserting in lieu thereof “the Administrator”.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.Pub. L. 102–54 § 14(b)(4) · 105 Stat. 267
Struck · 38 U.S.C. § 1323
Pub. L. 102–54 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–54 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”.Enacted provision · exact public law section
(4) Section 423 is amended— (A) by striking out “or section 321(b) of title 32,” in the first sentence; and (B) by striking out “1476(a) or 321(b)” in the second sentence.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1323
Pub. L. 102–83, § 5(a), renumbered section 423 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 423 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.Pub. L. 102–83 § 4(b)(3)(A) · 105 Stat. 378
Substituted · 38 U.S.C. § 1323
Pub. L. 102–83, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline.Enacted provision · exact public law section
(A) The heading of section 423 is amended to read as follows: “§ 423. Certifications with respect to circumstances of death”. (B) The item relating to that section in the table of sections at the beginning of chapter 13 is amended to read as follows: “423. Certifications with respect to circumstances of death.”.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1323
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary determines” for “Administrator determines”
Substituted · 38 U.S.C. § 1323
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary that” for “Administrator that”
Substituted · 38 U.S.C. § 1323
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary shall” for “Administrator shall”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary determines” for “Administrator determines”, “Secretary that” for “Administrator that”, and in two places “Secretary shall” for “Administrator shall”.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.
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Prior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to 1436, and 1500 were renumbered sections 3001, 3002, 3011 to 3019, 3021 to 3023, 3031 to former 3036, and 3100 of this title, respectively.
Amendments1976–1991 · 2 rounds
1991
Pub. L. 102–83, § 5(a), renumbered section 423 of this title as this section.
Pub. L. 102–83, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary determines” for “Administrator determines”, “Secretary that” for “Administrator that”, and in two places “Secretary shall” for “Administrator shall”.
Pub. L. 102–54 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”.
1976
Pub. L. 94–433 substituted “with the Administrator” for “with him” and “the Administrator” for “he” before “shall certify” and “shall make”.
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.
Credits
1958–1991 · 4 acts
- 1958Pub. L. 85–857, , 72 Stat. 1133, § 423
- 1976Pub. L. 94–433, title IV, § 405(19), , 90 Stat. 1380
- 1991Pub. L. 102–54, § 14(b)(4), , 105 Stat. 283
- 1991renumbered § 1323 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), (3)(A), 5(a), , 105 Stat. 404–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1133, § 423; Pub. L. 94–433, title IV, § 405(19), , 90 Stat. 1380; Pub. L. 102–54, § 14(b)(4), , 105 Stat. 283; renumbered § 1323 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), (3)(A), 5(a), , 105 Stat. 404–406.)