§ 5318. Review of Social Security Administration death information

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 § 8053(b)(1) · 104 Stat. 1388

   Enacted · 38 U.S.C. § 5318

   Added Pub. L. 101–508, title VIII, § 8053(b)(1), Nov. 5, 1990, 104 Stat. 1388–352, § 3118

   Source evidence

   Code source credit
   Added Pub. L. 101–508, title VIII, § 8053(b)(1), Nov. 5, 1990, 104 Stat. 1388–352, § 3118

   Enacted provision · exact public law section
   (1) Chapter 53 of title 38, United States Code, as amended by section 8051(b), is further amended by adding at the end the following new section: “§ 3118. Review of Department of Health and Human Services death information “(a) The Secretary shall periodically compare Department of Veterans Affairs information regarding persons to or for whom compensation or pension is being paid with information in the records of the Department of Health and Human Services relating to persons who have died for the purposes of— “(1) determining whether any such persons to whom compensation and pension is being paid are deceased; “(2) ensuring that such payments to or for any such persons who are deceased are terminated in a timely manner; and “(3) ensuring that collection of overpayments of such benefits resulting from payments after the death of such persons is initiated in a timely manner. “(b) The Department of Health and Human Services death information referred to in subsection (a) of this section is death information available to the Secretary from or through the Secretary of Health and Human Services, including death information available to the Secretary of Health and Human Services from a State, pursuant to a memorandum of understanding entered into by such Secretaries. Any such memorandum of understanding shall include safeguards to assure that information made available under it is not used for unauthorized purposes or improperly disclosed.”.

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. § 5318

   Pub. L. 102–40 renumbered section 3118 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3118 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. 2003

   Veterans Benefits Act of 2003

   Pub. L. 108–183 § 708(c)(4)(B)(i) · 117 Stat. 2651

   Substituted · 38 U.S.C. § 5318

   Pub. L. 108–183, § 708(c)(4)(B)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–183, § 708(c)(4)(B)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in section catchline.

   Enacted provision · exact public law section
   (i) The heading of such section is amended to read as follows: “§ 5318. Review of Social Security Administration death information” .

4. 2003

   Veterans Benefits Act of 2003

   Pub. L. 108–183 § 708(c)(4)(A)(i) · 117 Stat. 2651

   Substituted · 38 U.S.C. § 5318(a)

   Pub. L. 108–183, § 708(c)(4)(A)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–183, § 708(c)(4)(A)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in introductory provisions.

   Enacted provision · exact public law section
   (i) in subsection (a), by striking “Department of Health and Human Services” and inserting “Social Security Administration”; and

5. 2003

   Veterans Benefits Act of 2003

   Pub. L. 108–183 § 708(c)(4)(A)(ii) · 117 Stat. 2651

   1. Substituted · 38 U.S.C. § 5318(b)

      Pub. L. 108–183, § 708(c)(4)(A)(ii), substituted “Social Security Administration” for “Department of Health and Human Services”

   2. Substituted · 38 U.S.C. § 5318(b)

      Pub. L. 108–183, § 708(c)(4)(A)(ii), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”

   3. Substituted · 38 U.S.C. § 5318(b)

      Pub. L. 108–183, § 708(c)(4)(A)(ii), substituted “Commissioner” for “Secretary of Health and Human Services”

   4. Substituted · 38 U.S.C. § 5318(b)

      Pub. L. 108–183, § 708(c)(4)(A)(ii), substituted “the Secretary and the Commissioner” for “such Secretaries”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–183, § 708(c)(4)(A)(ii), substituted “Social Security Administration” for “Department of Health and Human Services”, “Commissioner of Social Security” for “Secretary of Health and Human Services” after “through the”, “Commissioner” for “Secretary of Health and Human Services” after “available to the”, and “the Secretary and the Commissioner” for “such Secretaries”.

   Enacted provision · exact public law section
   (ii) in subsection (b)— (I) by striking “Department of Health and Human Services” and inserting “Social Security Administration”; (II) by striking “Secretary of Health and Human Services” the first place it appears and inserting “Commissioner of Social Security”; (III) by striking “Secretary of Health and Human Services” the second place it appears and inserting “Commissioner”; and (IV) by striking “such Secretaries” and inserting “the Secretary and the Commissioner”.

8 of 8 references resolved to an enrolled provision