§ 5317. Use of income information from other agencies: notice and verification

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. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 title VIII § 8051(b)(1) · 104 Stat. 1388

   Enacted · 38 U.S.C. § 5317

   Added Pub. L. 101–508, title VIII, § 8051(b)(1), Nov. 5, 1990, 104 Stat. 1388–350, § 3117

   Source evidence

   Code source credit
   Added Pub. L. 101–508, title VIII, § 8051(b)(1), Nov. 5, 1990, 104 Stat. 1388–350, § 3117

   Enacted provision · exact public law section
   (1) Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section: “§ 3117. Use of income information from other agencies: notice and verification “(a) The Secretary shall notify each applicant for a benefit or service described in subsection (c) of this section that income information furnished by the applicant to the Secretary may be compared with information obtained by the Secretary from the Secretary of Health and Human Services or the Secretary of the Treasury under section 6103(1)(7 )(D)(viii) of the Internal Revenue Code of 1986. The Secretary shall periodically transmit to recipients of such benefits and services additional notifications of such matters. “(b) The Secretary may not, by reason of information obtained from the Secretary of Health and Human Services or the Secretary of the Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986, terminate, deny, suspend, or reduce any benefit or service described in subsection (c) of this section until the Secretary takes appropriate steps to verify independently information relating to the following: “(1) The amount of the asset or income involved. “(2) Whether such individual actually has (or had) access to such asset or income for the individual’s own use. “(3) The period or periods when the individual actually had such asset or income. “(c) The benefits and services described in this subsection are the following: “(1) Needs-based pension benefits provided under chapter 15 of this title or under any other law administered by the Secretary. “(2) Parents’ dependency and indemnity compensation provided under section 415 of this title. “(3) Health-care services furnished under sections 6KKa)(l)(I), 61()(a)(2), 610(b), and 612(a)(2)(B) of this title. “(4) Compensation paid under chapter 11 of this title at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule. “(d) In the case of compensation described in subsection (c)(4) of this section, the Secretary may independently verify or otherwise act upon wage or self-employment information referred to in subsection (b) of this section only if the Secretary finds that the amount and duration of the earnings reported in that information clearly indicate that the individual may no longer be qualified for a rating of total disability. “(e) The Secretary shall inform the individual of the findings made by the Secretary on the basis of verified information under subsection (b) of this section, and shall give the individual an opportunity to contest such findings, in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved. “(f) The Secretary shall pay the expenses of carrying out this section from amounts available to the Department for the payment of compensation and pension. “(g) The authority of the Secretary to obtain information from the Secretary of the Treasury or the Secretary of Health and Human Services under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986 expires on September 30, 1992.”.

2. 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. § 5317

   Pub. L. 102–40 renumbered section 3117 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3117 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.

3. 1991

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

   Substituted · 38 U.S.C. § 5317(c)(2)

   Pub. L. 102–83 substituted “1315” for “415”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 102–83 substituted “1315” for “415”.

   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. 1991

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

   Substituted · 38 U.S.C. § 5317(c)(3)

   Pub. L. 102–83 substituted “1710(a)(1)(I)”, “1710(a)(2)”, “1710(b)”, and “1712(a)(2)(B)” for “610(a)(1)(I)”, “610(a)(2)”, “610(b)”, and “612(a)(2)(B)”, respectively

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 102–83 substituted “1710(a)(1)(I)”, “1710(a)(2)”, “1710(b)”, and “1712(a)(2)(B)” for “610(a)(1)(I)”, “610(a)(2)”, “610(b)”, and “612(a)(2)(B)”, respectively.

   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.

5. 1992

   Veterans’ Benefits Act of 1992

   Pub. L. 102–568 title VI § 602(a) · 106 Stat. 4320

   Substituted · 38 U.S.C. § 5317(g)

   Pub. L. 102–568 substituted “1997” for “1992”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 102–568 substituted “1997” for “1992”.

   Enacted provision · exact public law section
   (a) Title 38 .— Section 5317(g) is amended by striking out “September 30, 1992” and inserting in lieu thereof “September 30, 1997”.

6. 1993

   Veterans Reconciliation Act of 1993

   Pub. L. 103–66 title XII § 12004 · 107 Stat. 312

   Substituted · 38 U.S.C. § 5317(g)

   Pub. L. 103–66 substituted “1998” for “1997”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 103–66 substituted “1998” for “1997”.

   Enacted provision · exact public law section
   SEC. 12004. EXTENSION OF CERTAIN INCOME VERIFICATION AUTHORITY. Section 5317(g) of title 38, United States Code, is amended by striking out “September 30, 1997” and inserting in lieu thereof “September 30, 1998”.

7. 1996

   Veterans’ Health Care Eligibility Reform Act of 1996

   Pub. L. 104–262 title I § 101(e)(3) · 110 Stat. 3177

   Substituted · 38 U.S.C. § 5317(c)(3)

   Pub. L. 104–262 substituted “subsections (a)(2)(G), (a)(3), and (b) of section 1710” for “sections 1710(a)(1)(I), 1710(a)(2), 1710(b), and 1712(a)(2)(B)”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 104–262 substituted “subsections (a)(2)(G), (a)(3), and (b) of section 1710” for “sections 1710(a)(1)(I), 1710(a)(2), 1710(b), and 1712(a)(2)(B)”.

   Enacted provision · exact public law section
   (3) Section 5317(c)(3) is amended by striking out “sections 1710(a)(1)(I), 1710(a)(2), 1710(b), and 1712(a)(2)(B)” and inserting in lieu thereof “subsections (a)(2)(G), (a)(3), and (b) of section 1710”.

8. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 title VIII § 8014 · 111 Stat. 251

   Substituted · 38 U.S.C. § 5317(g)

   Pub. L. 105–33 substituted “September 30, 2002” for “September 30, 1998”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 105–33 substituted “September 30, 2002” for “September 30, 1998”.

   Enacted provision · exact public law section
   SEC. 8014. INCOME VERIFICATION AUTHORITY. Section 5317(g) of title 38, United States Code, is amended by striking out “September 30, 1998” and inserting in lieu thereof “September 30, 2002”.

9. 2000

   Veterans Benefits and Health Care Improvement Act of 2000

   Pub. L. 106–419 title IV § 402(d) · 114 Stat. 1822

   Substituted · 38 U.S.C. § 5317(g)

   Pub. L. 106–419 substituted “September 30, 2008” for “September 30, 2002”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 106–419 substituted “September 30, 2008” for “September 30, 2002”.

   Enacted provision · exact public law section
   (d) Income Verification Authority.— Section 5317(g) is amended by striking “September 30, 2002” and inserting “September 30, 2008”.

10. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 title VII § 708(c)(3) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 5317(a); 38 U.S.C. § 5317(b); 38 U.S.C. § 5317(g)

    Pub. L. 108–183 substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”

    Source evidence

    Code amendment note
    Subsecs. (a), (b), (g). Pub. L. 108–183 substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.

    Enacted provision · exact public law section
    (3) Section 5317 is amended by striking “Secretary of Health and Human Services” in subsections (a), (b), and (g) and inserting “Commissioner of Social Security”.

11. 2008

    Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title VIII § 802 · 122 Stat. 4145

    Substituted · 38 U.S.C. § 5317(g)

    Pub. L. 110–389 substituted “September 30, 2011” for “September 30, 2008”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–389 substituted “September 30, 2011” for “September 30, 2008”.

    Enacted provision · exact public law section
    SEC. 802. THREE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT INCOME VERIFICATION.   Section 5317(g) 38 USC 5317. is amended by striking “September 30, 2008” and inserting “September 30, 2011”.

12. 2011

    Veterans Health Care Facilities Capital Improvement Act of 2011

    Pub. L. 112–37 § 16 · 125 Stat. 398

    Substituted · 38 U.S.C. § 5317(g)

    Pub. L. 112–37 substituted “November 18, 2011” for “September 30, 2011”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–37 substituted “November 18, 2011” for “September 30, 2011”.

    Enacted provision · exact public law section
    SEC. 16. NOTICE AND VERIFICATION OF THE USE OF INCOME INFORMATION FROM OTHER AGENCIES.   Section 5317(g) of title 38, United States Code, is amended by striking “September 30, 2011” and inserting “November 18, 2011”.

13. 2011

    VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 title II § 264 · 125 Stat. 732

    Substituted · 38 U.S.C. § 5317(g)

    Pub. L. 112–56, which directed substitution of “September 30, 2016” for “September 30, 2011”, was executed by making the substitution for “November 18, 2011” to reflect the probable intent of Congress and the amendment by Pub. L. 112–37. See below

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–56, which directed substitution of “September 30, 2016” for “September 30, 2011”, was executed by making the substitution for “November 18, 2011” to reflect the probable intent of Congress and the amendment by Pub. L. 112–37. See below.

    Enacted provision · exact public law section
    SEC. 264. EXTENSION OF AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO OBTAIN INFORMATION FROM SECRETARY OF TREASURY AND COMMISSIONER OF SOCIAL SECURITY FOR INCOME VERIFICATION PURPOSES.   Section 5317(g) of title 38, United States Code, is amended by striking “September 30, 2011” and inserting “September 30, 2016”.

14. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 title VII § 706 · 128 Stat. 1754

    Substituted · 38 U.S.C. § 5317(g)

    Pub. L. 113–146 substituted “September 30, 2024” for “September 30, 2016”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–146 substituted “September 30, 2024” for “September 30, 2016”.

    Enacted provision · exact public law section
    SEC. 706. EXTENSION OF AUTHORITY TO USE INCOME INFORMATION.   Section 5317(g) of title 38, United States Code, is amended by striking “September 30, 2016” and inserting “September 30, 2024”.

15. 2017

    VA Choice and Quality Employment Act of 2017

    Pub. L. 115–46 title IV § 403 · 131 Stat. 958

    Substituted · 38 U.S.C. § 5317(g)

    Pub. L. 115–46 substituted “September 30, 2027” for “September 30, 2024”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–46 substituted “September 30, 2027” for “September 30, 2024”.

    Enacted provision · exact public law section
    SEC. 403. EXTENSION OF AUTHORITY TO USE INCOME INFORMATION.   Section 5317(g) of title 38, United States Code, is amended by striking “September 30, 2024” and inserting “September 30, 2027”.

16. 2021

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

    Pub. L. 116–315 title II § 2012 · 134 Stat. 4932

    Substituted · 38 U.S.C. § 5317(g)

    Pub. L. 116–315 substituted “September 30, 2030” for “September 30, 2027”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–315 substituted “September 30, 2030” for “September 30, 2027”.

    Enacted provision · exact public law section
    SEC. 2012. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO USE INCOME INFORMATION FROM OTHER AGENCIES.   Section 5317(g) of title 38, United States Code, is amended by striking “September 30, 2027” and inserting “September 30, 2030”.

16 of 16 references resolved to an enrolled provision