Source
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3101; Pub. L. 94–502, title VII, § 701, Oct. 15, 1976, 90 Stat. 2405; Pub. L. 95–479, title III, § 301, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 97–295, § 4(74), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 99–576, title V, § 504, title VII, § 701(68), Oct. 28, 1986, 100 Stat. 3286, 3296; Pub. L. 101–189, div. A, title XIV, § 1404(b)(2), Nov. 29, 1989, 103 Stat. 1586; Pub. L. 102–25, title VII, § 705(c)(2), Apr. 6, 1991, 105 Stat. 120; renumbered § 5301 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(d)(2), June 13, 1991, 105 Stat. 285; Pub. L. 102–83, § 4(a)(1), (2)(A)(vii), (b)(1), (2)(E), (4)(C), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 102–86, title V, § 505(a), Aug. 14, 1991, 105 Stat. 426; Pub. L. 108–183, title VII, § 702, Dec. 16, 2003, 117 Stat. 2671.)
References in Text
The Electronic Funds Transfers Act, referred to in subsec. (a)(3)(B), probably means the Electronic Funds Transfer Act, title IX of
Pub. L. 90–321, as added by
Pub. L. 95–630, title XX, § 2001, Nov. 10, 1978,
92 Stat. 3728, as amended, which is classified generally to subchapter VI (§ 1693 et seq.) of chapter
41 of Title
15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section
1601 of Title
15 and Tables.
Amendments
2003—Subsec. (a).
Pub. L. 108–183 inserted “(1)” after “(a)”, designated last sentence as par. (2), and added par. (3).
1991—
Pub. L. 102–40, § 402(b)(1), renumbered section
3101 of this title as this section.
Subsecs. (a), (b).
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsec. (c)(1).
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Pub. L. 102–25 made a technical correction to
Pub. L. 101–189. See 1989 Amendment note below.
Subsec. (c)(2).
Pub. L. 102–83, § 4(b)(4)(C), substituted “that Secretary” for second, third, and fourth references to “the Secretary”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “to make”.
Subsec. (c)(4).
Pub. L. 102–86 inserted before period at end “or to the Retired Pay Account of the Coast Guard, as appropriate”.
Subsec. (d).
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Pub. L. 102–54 amended subsec. (d) as in effect immediately before enactment of
Pub. L. 102–40 by substituting “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (e)(1).
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsec. (e)(2).
Pub. L. 102–83, § 4(a)(2)(A)(vii), substituted “Secretary” for “Veterans’ Administration”.
Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105”.
1989—Subsec. (c)(1).
Pub. L. 101–189, as amended by
Pub. L. 102–25, struck out “subchapter I or II of” after “plan prescribed in”.
1986—Subsec. (a).
Pub. L. 99–576, § 701(68)(A), substituted “a” for “his or her” before “benefit check”.
Subsec. (b).
Pub. L. 99–576, § 701(68)(B), substituted “the beneficiary’s” for “his” in four places in first sentence.
Subsec. (c).
Pub. L. 99–576, § 504(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsecs. (d), (e).
Pub. L. 99–576, § 504(1), redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
1982—Subsec. (c).
Pub. L. 97–295 inserted “of this section” after “subsection (a)”, and substituted “(
26 U.S.C.
6331 et seq.)” for “(relating to seizure of property for collection of taxes)”.
1978—Subsec. (d).
Pub. L. 95–479 added subsec. (d).
1976—Subsec. (a).
Pub. L. 94–502 inserted provision which prohibits, as an assignment, a payee of an educational assistance allowance from designating an attorney-in-fact’s address as the payee’s address for the purpose of receiving checks and benefits where the attorney-in-fact has also been given authority to negotiate the checks and benefits.
Effective Date of 1991 Amendment
Section 505(b) of
Pub. L. 102–86 provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to funds collected after September 30, 1991.”
Effective Date of 1989 Amendment
Amendment by
Pub. L. 101–189 effective Apr. 1, 1992, see section 1404(b)(3) of
Pub. L. 101–189, as amended, set out as a note under section
12731 of Title
10, Armed Forces.
Effective Date of 1978 Amendment
Amendment by
Pub. L. 95–479 effective Oct. 1, 1978, see section 401 of
Pub. L. 95–479, set out as a note under section
1114 of this title.
Effective Date of 1976 Amendment
Amendment by
Pub. L. 94–502 effective Dec. 1, 1976, see section 703(c) of
Pub. L. 94–502, set out as an Effective Date note under section
3693 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468
(b),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Undue Hardship Cases
Pub. L. 95–202, title III, § 305(c), Nov. 23, 1977,
91 Stat. 1444, provided that Administrator could provide equitable relief to educational institutions and accredited correspondence schools which were in possession of a veteran’s or eligible person’s benefit check payable to the veteran or person and mailed to the institution or school for certain courses or lessons completed by the veteran or person at the institution or school before certain dates in 1977 and which were holding a power of attorney executed by the veteran or person before Dec. 1, 1976, authorizing negotiation of the check.