§ 1714. Fitting and training in use of prosthetic appliances; guide dogs; service dogs

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1714

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 614

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 614

2. 1973

   Veterans Health Care Expansion Act of 1973

   Pub. L. 93–82 title I § 103(b) · 87 Stat. 179

   1. Amended · 38 U.S.C. § 1714

      Pub. L. 93–82 designated existing provisions as subsec. (b)

   2. Added · 38 U.S.C. § 1714

      Pub. L. 93–82 added subsec. (a)

   Source evidence

   Code amendment note
   Pub. L. 93–82 designated existing provisions as subsec. (b) and added subsec. (a).

   Enacted provision · exact public law section
   (b) Strike out sections 613 and 614 in their entirety and insert in 72 Stat. 1143. 38 USC 613, 614. lieu thereof: “§613. Medical care for survivors and dependents of certain veterans “(a) The Administrator is authorized to provide medical care, in accordance with the provisions of subsection (b) of this section, for— “(1) the wife or child of a veteran who has a total disability, permanent in nature, resulting from a service-connected disability, and “(2) the widow or child of a veteran who died as a result of a service-connected disability who are not otherwise eligible for medical care under chapter 55 of title 11) (CHAMPUS). 72 Stat. 1445; 84 Stat. 1081. 10 USC 1071. “(b) In order to accomplish the purposes of subsection (a) of this section, the Administrator 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 the Secretary shall include coverage for such medical care under the contract, or contracts, he enters into to carry out such chapter 55, and under which the Administrator shall fully reimburse the Secretary for all costs and expenditures made for the purposes of affording the medical care authorized pursuant to this section; or “(2) contracting hr accordance with such regulations as he shall prescribe for such insurance, medical service, or health plans as he deems appropriate. In eases in which Veterans’ Administration medical facilities are particularly equipped to provide the most effective care and treatment, the Administrator is also authorized to carry out such purposes through the use of such facilities not being utilized for the care of eligible veterans. “§614. Fitting and training in use of prosthetic appliances; seeing-eye dogs “(a) Any veteran who is entitled to a prosthetic appliance shall be furnished such fitting and training, including institutional training, m the use of such appliance as may be necessary, whether in a Veterans’ Administration facility or other training institution, or by out-patient treatment, including such service under contract, and including necessary travel expenses to and from his home to such hospital or training institution. “(b) The Administrator may provide seeing-eye or guide dogs trained for the aid of the blind to veterans who are entitled to disability compensation, and he may pay all necessary travel expenses to and from their homes and incurred in becoming adjusted to such seeing-eye or guide dogs. The Administrator may also provide such veterans with mechanical or electronic equipment for aiding them in overcoming the handicap of blindness.”.

3. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 § 210(a)(5)(A) · 90 Stat. 2842

   Substituted · 38 U.S.C. § 1714(a)

   Pub. L. 94–581, § 210(a)(5)(A), substituted “such veteran’s home” for “his home”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–581, § 210(a)(5)(A), substituted “such veteran’s home” for “his home”.

   Enacted provision · exact public law section
   (A) striking out “his” and inserting in lieu thereof “such veteran’s” in subsection (a); and

4. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 § 210(a)(5)(B) · 90 Stat. 2842

   Substituted · 38 U.S.C. § 1714(b)

   Pub. L. 94–581, § 210(a)(5)(B), substituted “and may pay” for “and he may pay”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–581, § 210(a)(5)(B), substituted “and may pay” for “and he may pay”.

   Enacted provision · exact public law section
   (B) striking out “he” in subsection (b).

5. 1979

   Veterans Health Programs Extension and Improvement Act of 1979

   Pub. L. 96–151 § 201(c)(1) · 93 Stat. 1092

   Substituted · 38 U.S.C. § 1714(a)

   Pub. L. 96–151, § 201(c)(1), substituted provisions respecting travel and incidental expenses for provisions respecting necessary travel expenses

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–151, § 201(c)(1), substituted provisions respecting travel and incidental expenses for provisions respecting necessary travel expenses.

   Enacted provision · exact public law section
   (1) striking out “necessary travel expenses” in subsection (a) and inserting in lieu thereof “travel and incidental expenses (under the terms and conditions set forth in section 111 of this title)”; and

6. 1979

   Veterans Health Programs Extension and Improvement Act of 1979

   Pub. L. 96–151 § 201(c)(2) · 93 Stat. 1092

   Substituted · 38 U.S.C. § 1714(b)

   Pub. L. 96–151, § 201(c)(2), substituted provisions respecting travel and incidental expenses for provisions respecting all necessary travel expenses

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–151, § 201(c)(2), substituted provisions respecting travel and incidental expenses for provisions respecting all necessary travel expenses.

   Enacted provision · exact public law section
   (2) striking out “all necessary travel expenses” in subsection (b) and inserting in lieu thereof “travel and incidental expenses (under the terms and conditions set forth in section 111 of this title)”.

7. 1991

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

   Changed · 38 U.S.C. § 1714

   Pub. L. 102–83, § 5(a), renumbered section 614 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 614 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. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1714(a)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

9. 1991

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

   Substituted · 38 U.S.C. § 1714(b)

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

   Source evidence

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

   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.

10. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 201(b)(1) · 115 Stat. 2446

    Substituted · 38 U.S.C. § 1714

    Pub. L. 107–135, § 201(b)(1), substituted “guide dogs; service dogs” for “seeing-eye dogs” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–135, § 201(b)(1), substituted “guide dogs; service dogs” for “seeing-eye dogs” in section catchline.

    Enacted provision · exact public law section
    (1) The heading for such section is amended to read as follows: “§ 1714. Fitting and training in use of prosthetic appliances; guide dogs; service dogs”.

11. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 201(a)(1) · 115 Stat. 2446

    1. Struck · 38 U.S.C. § 1714(b)

       Pub. L. 107–135, § 201(a)(1), struck out “seeing-eye or” after “may provide”

    2. Substituted · 38 U.S.C. § 1714(b)

       Pub. L. 107–135, § 201(a)(1), substituted “who are enrolled under section 1705 of this title” for “who are entitled to disability compensation, and may pay travel and incidental expenses (under the terms and conditions set forth in section 111 of this title) to and from their homes and incurred in becoming adjusted to such seeing-eye or guide dogs”

    3. Substituted · 38 U.S.C. § 1714(b)

       Pub. L. 107–135, § 201(a)(1), substituted “disability” for “handicap”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–135, § 201(a)(1), struck out “seeing-eye or” after “may provide”, substituted “who are enrolled under section 1705 of this title” for “who are entitled to disability compensation, and may pay travel and incidental expenses (under the terms and conditions set forth in section 111 of this title) to and from their homes and incurred in becoming adjusted to such seeing-eye or guide dogs”, and substituted “disability” for “handicap”.

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) by striking “seeing-eye or” the first place it appears; (B) by striking “who are entitled to disability compensation” and inserting “who are enrolled under section 1705 of this title”; (C) by striking “, and may pay” and all that follows through “such seeing-eye or guide dogs”; and (D) by striking “handicap” and inserting “disability”; and

12. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 201(a)(2) · 115 Stat. 2446

    Added · 38 U.S.C. § 1714(c); 38 U.S.C. § 1714(d)

    Pub. L. 107–135, § 201(a)(2), added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 107–135, § 201(a)(2), added subsecs. (c) and (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsections: “(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; and “(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. “(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 veteran’s home for expenses incurred in becoming adjusted to the dog.”.

13. 2009

    Department of Housing and Urban Development Appropriations Act, 2010

    Pub. L. 111–117 div. E title II § 229 · 123 Stat. 3034

    Added · 38 U.S.C. § 1714(c)(3)

    Pub. L. 111–117 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 111–117 added par. (3).

    Enacted provision · exact public law section
    Sec. 229. (a) Approval of Prepayment of Debt.— Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act), for which the Secretary’s consent to prepayment is required, the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which— (1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any project-based rental assistance payments contract under section 8 of the United States Housing Act of 1937 (or any other project-based rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)) or any successor project-based rental assistance program, except as provided by subsection (a)(2)(B); and (2) the prepayment may involve refinancing of the loan if such refinancing results— (A) in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan; or (B) in the case of a project that is assisted with a loan under such section 202 carrying an interest rate of 6 percent or lower, a transaction under which— (i) the project owner shall address the physical needs of the project; (ii) Cost estimate. the prepayment plan for the transaction, including the refinancing, shall meet a cost benefit analysis, as established by the Secretary, that the benefit of the transaction outweighs the cost of the transaction including any increases in rent charged to unassisted tenants; (iii) the overall cost for providing rental assistance under section 8 for the project (if any) is not increased, except, upon approval by the Secretary to— (I) mark-up-to-market contracts pursuant to section 524(a)(3) of the Multifamily Assisted Housing Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried out by the Secretary for properties owned by nonprofit organizations; or (II) mark-up-to-budget contracts pursuant to section 524(a)(4) of the Multifamily Assisted Housing Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried out by the Secretary for properties owned by eligible owners (as such term is defined in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)); (iv) the project owner may charge tenants rent sufficient to meet debt service payments and operating cost requirements, as approved by the Secretary, if project-based rental assistance is not available or is insufficient for the debt service and operating cost of the project after refinancing. Such approval by the Secretary— (I) shall be the basis for the owner to agree to terminate the project-based rental assistance contract that is insufficient for the debt service and operating cost of the project after refinancing; and (II) shall be an eligibility event for the project for purposes of section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)); (v) units to be occupied by tenants assisted under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)) shall, upon termination of the occupancy of such tenants, become eligible for project-based assistance under section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without regard to the percentage limitations provided in such section; and (vi) Contracts. Time period. there shall be a use agreement of 20 years from the date of the maturity date of the original 202 loan for all units, including units to be occupied by tenants assisted under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)).

14. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 title V § 5108(a) · 134 Stat. 4932

    1. Amended · 38 U.S.C. § 1714(a)

       Pub. L. 116–315 designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 1714(a)

       Pub. L. 116–315 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–315 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (a) Access at Each Medical Facility.— Section 1714(a) of title 38, United States Code, is amended— (1) by striking “(a) Any veteran” and inserting “(a)(1) Any veteran”; and (2) by adding at the end the following new paragraph: “(2) In furnishing prosthetic appliances under paragraph (1), the Secretary shall ensure women veterans are able to access clinically appropriate prosthetic appliances through each medical facility of the Department.” .

15. 2021

    Puppies Assisting Wounded Servicemembers for Veterans Therapy Act

    Pub. L. 117–37 § 3(a) · 135 Stat. 329

    Added · 38 U.S.C. § 1714(e); 38 U.S.C. § 1714(f)

    Pub. L. 117–37 added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 117–37 added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (a) In General.— Section 1714 of title 38, United States Code, is amended by adding at the end the following new subsections: “(e) The Secretary may provide a service dog to a veteran under subsection (c)(3) regardless of whether the veteran has a mobility impairment. “(f) (1) The Secretary shall provide to any veteran described in paragraph (2) a commercially available veterinary insurance policy for each dog provided to such veteran under subsection (b) or (c). “(2) A veteran described in this paragraph is a veteran who— “(A) is diagnosed with post-traumatic stress disorder or a visual, hearing, or substantial mobility impairment; “(B) has received a dog under subsection (b) or (c) in connection with such disorder or impairment; and “(C) meets such other requirements as the Secretary may prescribe.” .

    Effective date note
    Pub. L. 117–37, § 3(b), Aug. 25, 2021, 135 Stat. 332, provided that: “Section 1714(f) of title 38, United States Code, as added by subsection (a), shall apply with respect to a veteran provided a dog by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Aug. 25, 2021].”

18 of 19 references resolved to an enrolled provision · 1 partial