§ 5120. Payment of benefits; delivery

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. § 5120

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3020

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3020

2. 1977

   Veterans Disability Compensation and Survivor Benefits Act of 1977

   Pub. L. 95–117 § 402(b)(1) · 91 Stat. 1063

   Struck · 38 U.S.C. § 5120

   Pub. L. 95–117, § 402(b)(1), struck out “by check” after “benefits” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 95–117, § 402(b)(1), struck out “by check” after “benefits” in section catchline.

   Enacted provision · exact public law section
   (1) The catchline of section 3020 of such title is amended to read as follows: “§ 3020. Payment of benefits; delivery”.

3. 1977

   Veterans Disability Compensation and Survivor Benefits Act of 1977

   Pub. L. 95–117 § 402(a) · 91 Stat. 1063

   Added · 38 U.S.C. § 5120(d); 38 U.S.C. § 5120(e)

   Pub. L. 95–117, § 402(a), added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 95–117, § 402(a), added subsecs. (d) and (e).

   Enacted provision · exact public law section
   (a) Section 3020 of title 38, United States Code, is Payment of benefits, delivery. amended by adding at the end thereof the following new subsections: “(d) Notwithstanding subsection (a) of this section, pursuant to an agreement with the Department of the Treasury under which the Administrator certifies such benefits for payment, monetary benefits under laws administered by the Veterans’ Administration may be paid other than by check upon the written request of the person to whom such benefits are to be paid, if such non-check payment is determined by the Administrator to be in the best interest of such payees and the management of monetary benefits programs by the Veterans’ Administration. “(e) Whenever the first day of any calendar month falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5), the Administrator shall, to the maximum extent practicable, certify benefit payments for such month in such a way that such payments will be delivered by mail, or transmitted for credit to the payee’s account pursuant to subsection (d) of this section, on the Friday immediately preceding such Saturday or Sunday, or in the case of a legal holiday, the weekday (other than Saturday) immediately preceding such legal public holiday, notwithstanding that such delivery or transmission of such payments is made in the same calendar month for which such payments are issued.”.

4. 1982

   Pub. L. 97–295 § 4(73) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 5120(a)

   Pub. L. 97–295 substituted “United States Postal Service” for “Post Office Department”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–295 substituted “United States Postal Service” for “Post Office Department”.

   Enacted provision · exact public law section
   (73) Section 3020(a) is amended by striking out “Post Office Department” and substituting “United States Postal Service”.

5. 1986

   Anti-Drug Abuse Act of 1986

   Pub. L. 99–570 title XI § 11007(a)(2) · 100 Stat. 3207

   Added · 38 U.S.C. § 5120(f)

   Pub. L. 99–570 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 99–570 added subsec. (f).

   Enacted provision · exact public law section
   (2) Section 3020 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: “(f) (1) In the case of a payee who does not have a mailing address, payments of monetary benefits under laws administered by the Veterans’ Administration shall be delivered under an appropriate method prescribed pursuant to paragraph (2) of this subsection. “(2) The Administrator shall prescribe an appropriate method or methods for the delivery of payments of monetary benefits under laws administered by the Veterans’ Administration in cases described in paragraph (1) of this subsection. To the maximum extent practicable, such method or methods shall be designed to ensure the delivery of payments in such cases.”.

   Effective date note
   Pub. L. 99–570, title XI, § 11007(b)(2), Oct. 27, 1986, 100 Stat. 3207–170, provided that: “The amendment made by subsection (a)(2) [amending this section] shall take effect with respect to payments made on or after October 1, 1986.”

6. 1986

   Pub. L. 99–576 § 701(65)(A) · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 5120(a)

      Pub. L. 99–576, § 701(65)(A), substituted “the payee’s” for “his” “him” in third sentence

   2. Substituted · 38 U.S.C. § 5120(a)

      Pub. L. 99–576, § 701(65)(A), substituted “the payee” for “he” “him” in third sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–576, § 701(65)(A), substituted “the payee’s” for “his”, and “the payee” for “he” and “him” in third sentence.

   Enacted provision · exact public law section
   (A) in the third sentence of subsection (a)— (i) by striking out “his” and inserting in lieu thereof “the payee’s”; (ii) by striking out “he” and inserting in lieu thereof “the payee”; and (iii) by striking out “him” and inserting in lieu thereof “the payee”; and

7. 1986

   Pub. L. 99–576 § 701(65)(B) · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 5120(b)

      Pub. L. 99–576, § 701(65)(B), substituted “such person” for “he” in first sentence

   2. Substituted · 38 U.S.C. § 5120(b)

      Pub. L. 99–576, § 701(65)(B), substituted “surviving spouse” for “widow” in first sentence

   3. Substituted · 38 U.S.C. § 5120(b)

      Pub. L. 99–576, § 701(65)(B), substituted “the surviving spouse” for “she” in first sentence

   4. Substituted · 38 U.S.C. § 5120(b)

      Pub. L. 99–576, § 701(65)(B), substituted “to the surviving spouse” for “to her” in first sentence

   5. Substituted · 38 U.S.C. § 5120(b)

      Pub. L. 99–576, § 701(65)(B), substituted “by the” for “by her” in first sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576, § 701(65)(B), substituted “such person” for “he”, “surviving spouse” for “widow”, “the surviving spouse” for “she” in two places, “to the surviving spouse” for “to her”, and “by the” for “by her” in first sentence.

   Enacted provision · exact public law section
   (B) in the first sentence of subsection (b)— (i) by striking out “he” and inserting in lieu thereof “such person”; (ii) by striking out “widow” and inserting in lieu thereof “surviving spouse”; (iii) by striking out “she” both places it appears and inserting in lieu thereof “the surviving spouse”; (iv) by striking out “to her” and inserting in lieu thereof “to the surviving spouse”; and (v) by striking out “by her” and inserting in lieu thereof “by the”.

8. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5120

   Pub. L. 102–40 renumbered section 3020 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3020 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 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.

9. 1991

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

   Substituted · 38 U.S.C. § 5120(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). 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. 1991

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

    Substituted · 38 U.S.C. § 5120(a)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

11. 1991

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

    Substituted · 38 U.S.C. § 5120(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). 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.

12. 1991

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

    Substituted · 38 U.S.C. § 5120(d)

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

    Source evidence

    Code amendment note
    Subsec. (d). 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.

13. 1991

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

    Substituted · 38 U.S.C. § 5120(d)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    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”.

14. 1991

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

    Substituted · 38 U.S.C. § 5120(d)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

15. 1991

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

    Substituted · 38 U.S.C. § 5120(e)

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

    Source evidence

    Code amendment note
    Subsec. (e). 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.

16. 1991

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

    Substituted · 38 U.S.C. § 5120(f)(1)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

17. 1991

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

    Substituted · 38 U.S.C. § 5120(f)(2)

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

    Source evidence

    Code amendment note
    Subsec. (f)(2). 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.

18. 1991

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

    Substituted · 38 U.S.C. § 5120(f)(2)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

22 of 23 references resolved to an enrolled provision · 1 partial