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Title 38 — Veterans’ Benefits

Part II · Chapter 19 — Insurance

§ 1922. Legacy service disabled veterans’ insurance

Statutory text

(a)

Any person who is released from active military, naval, air, or space service, under other than dishonorable conditions on or after , 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 , 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 2¼ 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 2¼ 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 2¼ 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 , 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 , 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.

(d)
(1)

The Secretary may not accept any application by a veteran to be insured under this section after .

(2)
(A)

During the period beginning , and ending , a veteran who is insured under this section may elect to instead be insured under section 1922B of this title based on the age of the veteran at the time of such election.

(B)
(i)

A veteran who elects under subparagraph (A) to be insured under section 1922B of this title shall be subject to the two-year waiting period specified in subsection (c) of such section.

(ii)

If the veteran dies during such period, the Secretary shall pay the beneficiary under this section, and, if applicable, under section 1922A, plus the amount of premiums paid by the veteran under such section 1922B, plus interest.

(3)

Except as provided by paragraph (2)(B), a veteran may not be insured under this section and section 1922B simultaneously.

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. § 1922

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1155, § 722

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1155, § 722

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

    Changed · 38 U.S.C. § 1922

    Pub. L. 102–83, § 5(a), renumbered section 722 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 722 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.

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

    Substituted · 38 U.S.C. § 1922(a)

    Pub. L. 102–83, § 5(c)(1), substituted “1912” for “712”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(c)(1), substituted “1912” for “712”.

    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.

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

    Substituted · 38 U.S.C. § 1922(a)

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

    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” in four 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.

  5. Pub. L. 102–83 § 4(a)(2)(A)(iii)(IV) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1922(a)

    Pub. L. 102–83, § 4(a)(2)(A)(iii)(IV), substituted “Secretary” for “Veterans’ Administration” after first reference to “determined by the”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(2)(A)(iii)(IV), substituted “Secretary” for “Veterans’ Administration” after first reference to “determined by the”.

    Enacted provision · exact public law section
    (IV) subsections (a) and (b) (in two places) of section 722“

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

    Substituted · 38 U.S.C. § 1922(b)(1)

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

    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” 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.

  7. Pub. L. 102–83 § 4(a)(2)(A)(iii)(IV) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1922(b)(1)

    Pub. L. 102–83, § 4(a)(2)(A)(iii)(IV), substituted “Secretary” for “Veterans’ Administration” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(2)(A)(iii)(IV), substituted “Secretary” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (IV) subsections (a) and (b) (in two places) of section 722“

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

    Substituted · 38 U.S.C. § 1922(b)(3)

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

    Source evidence

    Code amendment note
    Subsec. (b)(3). 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.

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

    Substituted · 38 U.S.C. § 1922(b)(3)

    Pub. L. 102–83, § 4(a)(2)(D)(i), substituted “with the Secretary” for “in the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(2)(D)(i), substituted “with the Secretary” for “in the Veterans’ Administration”.

    Enacted provision · exact public law section
    (i) Section 722(b)(3).

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

    Substituted · 38 U.S.C. § 1922(b)(4)

    Pub. L. 102–83, § 5(c)(1), amended par. (4) as amended by Pub. L. 102–86, § 202(a)(1), by substituting “1917” for “717”. See above

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(c)(1), amended par. (4) as amended by Pub. L. 102–86, § 202(a)(1), by substituting “1917” for “717”. See above.

    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.

  11. Pub. L. 102–86 § 201(a) · 105 Stat. 414

    Redesignated · 38 U.S.C. § 1922(a)

    Pub. L. 102–86, § 201(a), amended subsec. (a) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “two years” for “one year” wherever appearing and “two-year” for “one-year”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–86, § 201(a), amended subsec. (a) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “two years” for “one year” wherever appearing and “two-year” for “one-year”.

    Enacted provision · exact public law section
    (a) Extension.— Subsections (a) and (b)(1) of section 722 are 38 USC 1922. amended— (1) by striking out “one year” each place it appears and inserting in lieu thereof “two years”; and (2) by striking out “one-year” each place it appears and inserting in lieu thereof “two-year”.

    Effective date note
    Pub. L. 102–86, title II, § 201(b), Aug. 14, 1991, 105 Stat. 415, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any person who, on or after September 1, 1991, is found by the Secretary of Veterans Affairs to be eligible for insurance under section 722 [now 1922] of title 38, United States Code.” Pub. L. 102–86, title II, § 202(b), Aug. 14, 1991, 105 Stat. 416, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act [Aug. 14, 1991]. In the case of insurance under section 722(b) [now 1922(b)] of title 38, United States Code, payable by reason of a death before the date of the enactment of this Act, the Secretary shall pay the remaining balance of such insurance in a lump sum as soon as practicable after the date of the enactment of this Act.”

  12. Pub. L. 102–86 § 201(a) · 105 Stat. 414

    Redesignated · 38 U.S.C. § 1922(b)(1)

    Pub. L. 102–86, § 201(a), amended subsec. (b)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “two-year” for “one-year” and “two years” for “one year”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–86, § 201(a), amended subsec. (b)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “two-year” for “one-year” and “two years” for “one year”.

    Enacted provision · exact public law section
    (a) Extension.— Subsections (a) and (b)(1) of section 722 are 38 USC 1922. amended— (1) by striking out “one year” each place it appears and inserting in lieu thereof “two years”; and (2) by striking out “one-year” each place it appears and inserting in lieu thereof “two-year”.

    Effective date note
    Pub. L. 102–86, title II, § 201(b), Aug. 14, 1991, 105 Stat. 415, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any person who, on or after September 1, 1991, is found by the Secretary of Veterans Affairs to be eligible for insurance under section 722 [now 1922] of title 38, United States Code.” Pub. L. 102–86, title II, § 202(b), Aug. 14, 1991, 105 Stat. 416, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act [Aug. 14, 1991]. In the case of insurance under section 722(b) [now 1922(b)] of title 38, United States Code, payable by reason of a death before the date of the enactment of this Act, the Secretary shall pay the remaining balance of such insurance in a lump sum as soon as practicable after the date of the enactment of this Act.”

  13. Pub. L. 102–86 § 202(a)(1) · 105 Stat. 414

    Redesignated · 38 U.S.C. § 1922(b)(4)

    Pub. L. 102–86, § 202(a)(1), amended subsec. (b) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by amending par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding the provisions of section 717 of this title, insurance under this subsection shall be payable at the election of the first beneficiary in 240 equal monthly installments or under the options specified in section 717(b)(3) or (4) of this title. Any installments certain of 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 classes specified in subsection (b)(2) of this section and in the order named.”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–86, § 202(a)(1), amended subsec. (b) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by amending par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding the provisions of section 717 of this title, insurance under this subsection shall be payable at the election of the first beneficiary in 240 equal monthly installments or under the options specified in section 717(b)(3) or (4) of this title. Any installments certain of 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 classes specified in subsection (b)(2) of this section and in the order named.”

    Enacted provision · exact public law section
    (1) by striking out paragraph (4) and inserting in lieu thereof the following:

    Effective date note
    Pub. L. 102–86, title II, § 201(b), Aug. 14, 1991, 105 Stat. 415, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any person who, on or after September 1, 1991, is found by the Secretary of Veterans Affairs to be eligible for insurance under section 722 [now 1922] of title 38, United States Code.” Pub. L. 102–86, title II, § 202(b), Aug. 14, 1991, 105 Stat. 416, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act [Aug. 14, 1991]. In the case of insurance under section 722(b) [now 1922(b)] of title 38, United States Code, payable by reason of a death before the date of the enactment of this Act, the Secretary shall pay the remaining balance of such insurance in a lump sum as soon as practicable after the date of the enactment of this Act.”

  14. Pub. L. 102–86 § 202(a)(2) · 105 Stat. 414

    Redesignated · 38 U.S.C. § 1922(b)(5)

    Pub. L. 102–86, § 202(a)(2), amended subsec. (b) of this section as in effect before the redesignations by Pub. L. 102–83, § 5, by striking out par. (5) which read as follows: “The right of any beneficiary to payment of any installments 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 beneficiary’s lifetime shall be paid to the beneficiary or beneficiaries within the permitted class next entitled to priority, as provided in subsection (b)(2) of this section. No installments of such insurance 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.”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 102–86, § 202(a)(2), amended subsec. (b) of this section as in effect before the redesignations by Pub. L. 102–83, § 5, by striking out par. (5) which read as follows: “The right of any beneficiary to payment of any installments 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 beneficiary’s lifetime shall be paid to the beneficiary or beneficiaries within the permitted class next entitled to priority, as provided in subsection (b)(2) of this section. No installments of such insurance 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.”

    Enacted provision · exact public law section
    (2) by striking out paragraph (5).

    Effective date note
    Pub. L. 102–86, title II, § 201(b), Aug. 14, 1991, 105 Stat. 415, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any person who, on or after September 1, 1991, is found by the Secretary of Veterans Affairs to be eligible for insurance under section 722 [now 1922] of title 38, United States Code.” Pub. L. 102–86, title II, § 202(b), Aug. 14, 1991, 105 Stat. 416, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act [Aug. 14, 1991]. In the case of insurance under section 722(b) [now 1922(b)] of title 38, United States Code, payable by reason of a death before the date of the enactment of this Act, the Secretary shall pay the remaining balance of such insurance in a lump sum as soon as practicable after the date of the enactment of this Act.”

  15. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(i)(2) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 1922(b)(4)

    Pub. L. 103–446 substituted “Notwithstanding section 1917 of this title,” for “Notwithstanding the provisions of section 1917 of this title,”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 103–446 substituted “Notwithstanding section 1917 of this title,” for “Notwithstanding the provisions of section 1917 of this title,”.

    Enacted provision · exact public law section
    (2) Section 1922(b)(4) is amended by striking out “Notwithstanding” and all that follows through “title,” and inserting in lieu thereof “Notwithstanding section 1917 of this title,”.

  16. Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title III § 311(a) · 114 Stat. 1822

    Added · 38 U.S.C. § 1922(c)

    Pub. L. 106–419 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–419 added subsec. (c).

    Enacted provision · exact public law section
    (a) Cap on Premiums.— Section 1922 is amended by adding at the end the following new subsection; “(c) The premium rate of any term insurance issued under this section shall not exceed the renewal age 70 premium rate ”.

  17. Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title IV § 404 · 122 Stat. 4145

    Substituted · 38 U.S.C. § 1922(a)

    Pub. L. 110–389 substituted “directly from such fund; and (5) administrative costs to the Government for the costs of 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” for “directly from such fund”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–389 substituted “directly from such fund; and (5) administrative costs to the Government for the costs of 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” for “directly from such fund”.

    Enacted provision · exact public law section
    SEC. 404. ADMINISTRATIVE COSTS OF SERVICE DISABLED VETERANS’ INSURANCE.   Section 1922(a) 38 USC 1922. is amended by striking “directly from such fund” and inserting “directly from such fund; and (5) administrative costs to the Government for the costs of 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”.

  18. Department of Housing and Urban Development Appropriations Act, 2010

    Pub. L. 111–117 div. E title II § 226 · 123 Stat. 3034

    Substituted · 38 U.S.C. § 1922(a)(5)

    Pub. L. 111–117 substituted “administrative support financed by the appropriations for ‘General Operating Expenses, Department of Veterans Affairs’ and ‘Information Technology Systems, Department of Veterans Affairs’ for” for “administrative costs to the Government for the costs of”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 111–117 substituted “administrative support financed by the appropriations for ‘General Operating Expenses, Department of Veterans Affairs’ and ‘Information Technology Systems, Department of Veterans Affairs’ for” for “administrative costs to the Government for the costs of”.

    Enacted provision · exact public law section
    Sec. 226. The Secretary of Housing and Urban Development shall report quarterly to the House of Representatives and Senate Committees on Appropriations on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. The Secretary shall in the report identify all existing units maintained by region as section 8 project-based units and all project-based units that have opted out of section 8 or have otherwise been eliminated as section 8 project-based units. The Secretary shall identify in detail and by project all the efforts made by the Department to preserve all section 8 project-based housing units and all the reasons for any units which opted out or otherwise were lost as section 8 project-based units. Such analysis shall include a review of the impact of the loss of any subsidized units in that housing marketplace, such as the impact of cost and the loss of available subsidized, low-income housing in areas with scarce housing resources for low-income families.

  19. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(32) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1922(a)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (32) Section 1922(a).

  20. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2004(c)(1) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 1922

    Pub. L. 116–315, § 2004(c)(1), substituted “Legacy service” for “Service” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 116–315, § 2004(c)(1), substituted “Legacy service” for “Service” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading of section 1922, by striking “Service” and inserting “Legacy service”;

  21. Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2004(b)(1) · 134 Stat. 4932

    Added · 38 U.S.C. § 1922(d)

    Pub. L. 116–315, § 2004(b)(1), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–315, § 2004(b)(1), added subsec. (d).

    Enacted provision · exact public law section
    (1) S–DVI.— Section 1922 of such title is amended by adding at the end the following new subsection: “(d) (1) The Secretary may not accept any application by a veteran to be insured under this section after December 31, 2022. “(2) (A) During the period beginning January 1, 2023, and ending December 31, 2025, a veteran who is insured under this section may elect to instead be insured under section 1922B of this title based on the age of the veteran at the time of such election. “(B) (i) A veteran who elects under subparagraph (A) to be insured under section 1922B of this title shall be subject to the two-year waiting period specified in subsection (c) of such section. “(ii) If the veteran dies during such period, the Secretary shall pay the beneficiary under this section, and, if applicable, under section 1922A, plus the amount of premiums paid by the veteran under such section 1922B, plus interest. “(3) Except as provided by paragraph (2)(B), a veteran may not be insured under this section and section 1922B simultaneously.” .

20 of 21 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 602(n) of the National Service Life Insurance Act of 1940, referred to in subsec. (a), is section 602(n) of act Oct. 8, 1940, ch. 757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(n) of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and which was repealed and the provisions thereof reenacted as section 712 [now 1912] of this title by Pub. L. 85–857, , 72 Stat. 1105.

Section 620 of the National Service Life Insurance Act of 1940, referred to in subsec. (b)(1), is section 620 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, § 10, 65 Stat. 36, which enacted section 821 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and which was repealed and the provisions thereof reenacted as this section by Pub. L. 85–857, , 72 Stat. 1105.

Amendments1991–2021 · 6 rounds

2021

Pub. L. 116–315, § 2004(c)(1), substituted “Legacy service” for “Service” in section catchline.

Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (d). Pub. L. 116–315, § 2004(b)(1), added subsec. (d).

2009

Subsec. (a)(5). Pub. L. 111–117 substituted “administrative support financed by the appropriations for ‘General Operating Expenses, Department of Veterans Affairs’ and ‘Information Technology Systems, Department of Veterans Affairs’ for” for “administrative costs to the Government for the costs of”.

2008

Subsec. (a). Pub. L. 110–389 substituted “directly from such fund; and (5) administrative costs to the Government for the costs of 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” for “directly from such fund”.

2000

Subsec. (c). Pub. L. 106–419 added subsec. (c).

1994

Subsec. (b)(4). Pub. L. 103–446 substituted “Notwithstanding section 1917 of this title,” for “Notwithstanding the provisions of section 1917 of this title,”.

1991

Pub. L. 102–83, § 5(a), renumbered section 722 of this title as this section.

Subsec. (a). Pub. L. 102–86, § 201(a), amended subsec. (a) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “two years” for “one year” wherever appearing and “two-year” for “one-year”.

Pub. L. 102–83, § 5(c)(1), substituted “1912” for “712”.

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

Pub. L. 102–83, § 4(a)(2)(A)(iii)(IV), substituted “Secretary” for “Veterans’ Administration” after first reference to “determined by the”.

Subsec. (b)(1). Pub. L. 102–86, § 201(a), amended subsec. (b)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “two-year” for “one-year” and “two years” for “one year”.

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

Pub. L. 102–83, § 4(a)(2)(A)(iii)(IV), substituted “Secretary” for “Veterans’ Administration” in two places.

Subsec. (b)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–83, § 4(a)(2)(D)(i), substituted “with the Secretary” for “in the Veterans’ Administration”.

Subsec. (b)(4). Pub. L. 102–86, § 202(a)(1), amended subsec. (b) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by amending par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding the provisions of section 717 of this title, insurance under this subsection shall be payable at the election of the first beneficiary in 240 equal monthly installments or under the options specified in section 717(b)(3) or (4) of this title. Any installments certain of 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 classes specified in subsection (b)(2) of this section and in the order named.”

Pub. L. 102–83, § 5(c)(1), amended par. (4) as amended by Pub. L. 102–86, § 202(a)(1), by substituting “1917” for “717”. See above.

Subsec. (b)(5). Pub. L. 102–86, § 202(a)(2), amended subsec. (b) of this section as in effect before the redesignations by Pub. L. 102–83, § 5, by striking out par. (5) which read as follows: “The right of any beneficiary to payment of any installments 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 beneficiary’s lifetime shall be paid to the beneficiary or beneficiaries within the permitted class next entitled to priority, as provided in subsection (b)(2) of this section. No installments of such insurance 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–86, title II, § 201(b), , 105 Stat. 415, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any person who, on or after , is found by the Secretary of Veterans Affairs to be eligible for insurance under section 722 [now 1922] of title 38, United States Code.”

Pub. L. 102–86, title II, § 202(b), , 105 Stat. 416, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act []. In the case of insurance under section 722(b) [now 1922(b)] of title 38, United States Code, payable by reason of a death before the date of the enactment of this Act, the Secretary shall pay the remaining balance of such insurance in a lump sum as soon as practicable after the date of the enactment of this Act.”

Credits

1958–2021 · 9 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1155, § 722
  2. 1991renumbered § 1922 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(IV), (D)(i), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 403–406
  3. 1991Pub. L. 102–86, title II, §§ 201(a), 202(a), , 105 Stat. 415, 416
  4. 1994Pub. L. 103–446, title XII, § 1201(i)(2), , 108 Stat. 4688
  5. 2000Pub. L. 106–419, title III, § 311(a), , 114 Stat. 1854
  6. 2008Pub. L. 110–389, title IV, § 404, , 122 Stat. 4175
  7. 2009Pub. L. 111–117, div. E, title II, § 226, , 123 Stat. 3307
  8. 2021Pub. L. 116–283, div. A, title IX, § 926(a)(32), , 134 Stat. 3830
  9. 2021Pub. L. 116–315, title II, § 2004(b)(1), (c)(1), , 134 Stat. 4974.
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(Pub. L. 85–857, , 72 Stat. 1155, § 722; renumbered § 1922 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(IV), (D)(i), (b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 403–406; Pub. L. 102–86, title II, §§ 201(a), 202(a), , 105 Stat. 415, 416; Pub. L. 103–446, title XII, § 1201(i)(2), , 108 Stat. 4688; Pub. L. 106–419, title III, § 311(a), , 114 Stat. 1854; Pub. L. 110–389, title IV, § 404, , 122 Stat. 4175; Pub. L. 111–117, div. E, title II, § 226, , 123 Stat. 3307; Pub. L. 116–283, div. A, title IX, § 926(a)(32), , 134 Stat. 3830; Pub. L. 116–315, title II, § 2004(b)(1), (c)(1), , 134 Stat. 4974.)

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