
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1322]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
                                 DEATHS
 
                     SUBCHAPTER III--CERTIFICATIONS
 
Sec. 1322. Certifications with respect to social security 
        entitlement
        
    (a) Determinations required by section 1312(a) of this title (other 
than a determination required by section 1312(a)(2) of this title) as to 
whether any survivor described in section 1312(a)(3) of this title of a 
deceased individual would be entitled to benefits under section 202 of 
the Social Security Act (42 U.S.C. 402) for any month and as to the 
amount of the benefits which would be paid for such month, if the 
deceased veteran had been a fully and currently insured individual at 
the time of such veteran's death, shall be made by the Secretary of 
Health and Human Services, and shall be certified by such Secretary to 
the Secretary of Veterans Affairs upon request of the Secretary of 
Veterans Affairs.
    (b) The Secretary shall pay to the Secretary of Health and Human 
Services an amount equal to the costs which will be incurred in making 
determinations and certifications under subsection (a). Such payments 
shall be made with respect to the costs incurred during such period (but 
not shorter than a calendar quarter) as the two Secretaries may 
prescribe, with the amount of such payments to be made on the basis of 
estimates made by the Secretary of Health and Human Services after 
consultation with the Secretary. The amount payable for any period shall 
be increased or reduced to compensate for any underpayment or 
overpayment, as the case may be, of the costs incurred in any preceding 
period.
    (c) Except with respect to determinations made under subsection (a) 
of this section, the Secretary shall prescribe such regulations as may 
be necessary to carry out the provisions of this section and section 
1312(a) of this title.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132, Sec. 422; Pub. L. 87-268, 
Sec. 1(b), (c), Sept. 21, 1961, 75 Stat. 566; Pub. L. 94-433, title IV, 
Sec. 405(18), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97-295, Sec. 4(12), 
(95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313; renumbered Sec. 1322 and 
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(A), (E), 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 404-406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 422 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1312(a)'' 
for ``412(a)'', ``1312(a)(2)'' for ``412(a)(2)'', ``1312(a)(3)'' for 
``412(a)(3)''.
    Pub. L. 102-83, Sec. 4(b)(2)(A)(i), substituted ``Secretary of 
Veterans Affairs'' for ``Administrator'' in two places.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(2)(A)(ii), substituted ``The 
Secretary shall pay to the Secretary of Health and Human Services'' for 
``Upon the basis of estimates made by the Secretary of Health and Human 
Services after consultation with the Administrator, the Administrator 
shall pay to the Secretary'' and ``as the two Secretaries may prescribe, 
with the amount of such payments to be made on the basis of estimates 
made by the Secretary of Health and Human Services after consultation 
with the Secretary'' for ``as the Secretary and the Administrator may 
prescribe''.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1312(a)'' 
for ``412(a)''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    1982--Subsec. (a). Pub. L. 97-295, Sec. 4(12), (95)(A), substituted 
``section 202 of the Social Security Act (42 U.S.C. 402)'' for ``section 
402 of title 42'', and ``Health and Human Services'' for ``Health, 
Education, and Welfare''.
    Subsec. (b). Pub. L. 97-295, Sec. 4(95)(A), substituted ``Health and 
Human Services'' for ``Health, Education, and Welfare''.
    1976--Subsec. (a). Pub. L. 94-433 substituted ``such veteran's'' and 
``such Secretary'' for ``his'' and ``him'', respectively.
    1961--Subsec. (a). Pub. L. 87-268 Sec. 1(c), substituted ``section 
412(a)'' for ``section 412'', ``section 412(a)(2)'' for ``section 
412(2)'', and ``section 412(a)(3)'' for ``section 412(3)''.
    Subsec. (c). Pub. L. 87-268, Sec. 1(b), substituted ``section 
412(a)'' for ``section 412''.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 
of Pub. L. 94-433, set out as a note under section 1101 of this title.


                    Effective Date of 1961 Amendment

    Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of 
Pub. L. 87-268, set out as a note under section 1312 of this title.
