dreamproit/uscode huggingface dataset:
38 U.S.C. § 312A (VETERANS’ BENEFITS)
§ 312A. Director of Construction and Facilities Management
(a) In General.—
(1) There is in the Department a Director of Construction and Facilities Management, who shall be appointed by the Secretary.
(2) The position of Director of Construction and Facilities Management is a career reserved position, as such term is defined in section 3132(a)(8) of title 5.
(3) The Director shall provide direct support to the Secretary in matters covered by the responsibilities of the Director under subsection (c).
(4) The Director shall report to the Deputy Secretary in the discharge of the responsibilities of the Director under subsection (c).
(b) Qualifications.—
Each individual appointed as Director of Construction and Facilities Management shall be an individual who—
(1) holds an undergraduate or master’s degree in architectural design or engineering; and
(2) has substantive professional experience in the area of construction project management.
(c) Responsibilities.—
(1) The Director of Construction and Facilities Management shall—
(A) be responsible for overseeing and managing the planning, design, construction, and operation of facilities and infrastructure of the Department, including major and minor construction projects; and
(B) perform such other functions as the Secretary shall prescribe.
(2) In carrying out the oversight and management of construction and operation of facilities and infrastructure under this section, the Director shall be responsible for the following:
(A) Development and updating of short-range and long-range strategic capital investment strategies and plans of the Department.
(B) Planning, design, and construction of facilities for the Department, including determining architectural and engineering requirements and ensuring compliance of the Department with applicable laws relating to the construction program of the Department.
(C) Management of the short-term and long-term leasing of real property by the Department.
(D) Repair and maintenance of facilities of the Department, including custodial services, building management and administration, and maintenance of roads, grounds, and infrastructure.
(E) Management of procurement and acquisition processes relating to the construction and operation of facilities of the Department, including the award of contracts related to design, construction, furnishing, and supplies and equipment.
(Added Pub. L. 109–461, title VIII, § 811(a), Dec. 22, 2006, 120 Stat. 3446.)
38 U.S.C. § 313 (VETERANS’ BENEFITS)
§ 313. Availability of appropriations
(a) Funds appropriated to the Department may remain available until expended.
(b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless—
(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and
(2) the settlement is provided for specifically in an appropriation law.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383.)
heading: Prior Provisions
text: Prior section 313 was renumbered section 1113 of this title.
Provisions similar to those in this section were contained in section 203 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 314 (VETERANS’ BENEFITS)
§ 314. Central Office
The Central Office of the Department shall be in the District of Columbia.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383.)
heading: Prior Provisions
text: Prior section 314 was renumbered section 1114 of this title.
Provisions similar to those in this section were contained in section 230(a) of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 315 (VETERANS’ BENEFITS)
§ 315. Regional offices
(a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary.
(b) The Secretary may maintain a regional office in the Republic of the Philippines until December 31, 2013.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 384; amended Pub. L. 102–291, § 1(a), May 20, 1992, 106 Stat. 178; Pub. L. 103–210, § 2(c), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 103–446, title V, § 502, Nov. 2, 1994, 108 Stat. 4663; Pub. L. 106–117, title VIII, § 802, Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108–183, title II, § 213, Dec. 16, 2003, 117 Stat. 2658; Pub. L. 111–117, div. E, title II, § 228, Dec. 16, 2009, 123 Stat. 3307; Pub. L. 111–275, title VIII, § 807(a), Oct. 13, 2010, 124 Stat. 2893; Pub. L. 112–74, div. H, title II, § 234, Dec. 23, 2011, 125 Stat. 1160; Pub. L. 112–191, title II, § 202, Oct. 5, 2012, 126 Stat. 1439.)
heading: Prior Provisions
text: Prior section 315 was renumbered section 1115 of this title.
Provisions similar to those in this section were contained in section 230(a), (b) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–191 substituted “December 31, 2013” for “December 31, 2012”.
2011—Subsec. (b). Pub. L. 112–74 substituted “December 31, 2012” for “December 31, 2011”.
2010—Subsec. (b). Pub. L. 111–275 substituted “December 31, 2011” for “December 31, 2010”.
2009—Subsec. (b). Pub. L. 111–117 substituted “December 31, 2010” for “December 31, 2009”.
2003—Subsec. (b). Pub. L. 108–183 substituted “December 31, 2009” for “December 31, 2003”.
1999—Subsec. (b). Pub. L. 106–117 substituted “December 31, 2003” for “December 31, 1999”.
1994—Subsec. (b). Pub. L. 103–446 substituted “December 31, 1999” for “December 31, 1994”.
1993—Subsec. (b). Pub. L. 103–210 substituted “December 31, 1994” for “March 31, 1994”.
1992—Subsec. (b). Pub. L. 102–291 substituted “March 31, 1994” for “September 30, 1991”.
heading: Effective Date of 1992 Amendment
text: Pub. L. 102–291, § 1(b), May 20, 1992, 106 Stat. 178, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of September 30, 1991.”
heading: Effect of Amendment
text: Pub. L. 112–191, title II, § 202, Oct. 5, 2012, 126 Stat. 1439, provided that this section shall be carried out as amended by section 202 of Pub. L. 112–191 notwithstanding the date described in section 151 of Pub. L. 112–175 (126 Stat. 1323).
heading: Ratification of Maintenance of Office During Lapsed Period
text: Pub. L. 102–291, § 1(c), May 20, 1992, 106 Stat. 178, provided that: “Any action of the Secretary of Veterans Affairs in maintaining a Department of Veterans Affairs Regional Office in the Republic of the Philippines under section 315(b) of title 38, United States Code, during the period beginning on October 1, 1991, and ending on the date of the enactment of this Act [May 20, 1992] is hereby ratified with respect to that period.”
38 U.S.C. § 319 (VETERANS’ BENEFITS)
§ 319. Office of Employment Discrimination Complaint Adjudication
(a)
(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director.
(2) The Director shall be a career appointee in the Senior Executive Service.
(3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office.
(b)
(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner.
(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision.
(c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon.
(d)
(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel.
(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner.
(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.
(Added Pub. L. 105–114, title I, § 102(a)(1), Nov. 21, 1997, 111 Stat. 2280.)
heading: Effective Date
text: Pub. L. 105–114, title I, § 102(c), Nov. 21, 1997, 111 Stat. 2281, provided that: “Section 319 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997].”
heading: Reports on Implementation
text: Pub. L. 105–114, title I, § 102(b), Nov. 21, 1997, 111 Stat. 2281, provided that: “The Director of the Office of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs (established by section 319 of title 38, United States Code, as added by subsection (a)) shall submit to the Secretary of Veterans Affairs and to Congress reports on the implementation and the operation of that office. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000.”
38 U.S.C. § 321 (VETERANS’ BENEFITS)
§ 321. Office of Survivors Assistance
(a) Establishment.—
The Secretary shall establish in the Department an Office of Survivors Assistance (in this section referred to as the “Office”) to serve as a resource regarding all benefits and services furnished by the Department—
(1) to survivors and dependents of deceased veterans; and
(2) to survivors and dependents of deceased members of the Armed Forces.
(b) Advisory Duties.—
The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legislative issues, and other initiatives affecting the survivors and dependents described in subsection (a).
(c) Guidance From Stakeholders.—
In establishing the Office, the Secretary shall seek guidance from interested stakeholders.
(d) Resources.—
The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities.
(e) Inclusion of Information on Office in Annual Report on Department Activities.—
The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.
(Added Pub. L. 110–389, title II, § 222(a), Oct. 10, 2008, 122 Stat. 4156.)
38 U.S.C. § 501 (VETERANS’ BENEFITS)
§ 501. Rules and regulations
(a) The Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws, including—
(1) regulations with respect to the nature and extent of proof and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws;
(2) the forms of application by claimants under such laws;
(3) the methods of making investigations and medical examinations; and
(4) the manner and form of adjudications and awards.
(b) Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the authority granted by this section or any other provision of this title shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is based. The citation to the authority shall appear immediately following each substantive provision of the issuance.
(c) In applying section 552(a)(1) of title 5 to the Department, the Secretary shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel.
(d) The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Secretary.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386.)
heading: Prior Provisions
text: Prior section 501 was renumbered section 1501 of this title.
Provisions similar to those in this section were contained in sections 210(c)(1) and 223(a), (b) of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 502 (VETERANS’ BENEFITS)
§ 502. Judicial review of rules and regulations
An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 110–389, title I, § 102, Oct. 10, 2008, 122 Stat. 4148.)
heading: Prior Provisions
text: Prior section 502 was renumbered section 1502 of this title.
Provisions similar to those in this section were contained in section 223(c) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Amendments
text: 2008—Pub. L. 110–389 struck out “(other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title)” after “refers”.
38 U.S.C. § 503 (VETERANS’ BENEFITS)
§ 503. Administrative error; equitable relief
(a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.
(b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.
(c) Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2014.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106–419, title IV, § 403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–233, title IV, § 403, June 15, 2006, 120 Stat. 411; Pub. L. 111–275, title VIII, § 808, Oct. 13, 2010, 124 Stat. 2893.)
heading: Prior Provisions
text: Prior sections 503 and 504 were renumbered sections 1503 and 1504 of this title, respectively.
Provisions similar to those in this section were contained in section 210(c)(2), (3) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–275 substituted “December 31, 2014” for “December 31, 2009”.
2006—Subsec. (c). Pub. L. 109–233 substituted “December 31, 2009” for “December 31, 2004”.
2000—Subsec. (c). Pub. L. 106–419 inserted at end “No report shall be required under this subsection after December 31, 2004.”
38 U.S.C. § 505 (VETERANS’ BENEFITS)
§ 505. Opinions of Attorney General
The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387.)
heading: Prior Provisions
text: Prior sections 505 to 508 were renumbered sections 1505 to 1508 of this title, respectively.
Provisions similar to those in this section were contained in section 211(b) of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 511 (VETERANS’ BENEFITS)
§ 511. Decisions of the Secretary; finality
(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.
(b) The second sentence of subsection (a) does not apply to—
(1) matters subject to section 502 of this title;
(2) matters covered by sections 1975 and 1984 of this title;
(3) matters arising under chapter 37 of this title; and
(4) matters covered by chapter 72 of this title.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 388.)
heading: Prior Provisions
text: Prior section 511 was renumbered section 1511 of this title.
Provisions similar to those in this section were contained in section 211(a) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Federal Rules of Civil Procedure
text: Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.
38 U.S.C. § 512 (VETERANS’ BENEFITS)
§ 512. Delegation of authority; assignment of functions and duties
(a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers and employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary.
(b) There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)
heading: Prior Provisions
text: Prior section 512 was renumbered section 1512 of this title.
Provisions similar to those in this section were contained in section 212 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 513 (VETERANS’ BENEFITS)
§ 513. Contracts and personal services
The Secretary may, for purposes of all laws administered by the Department, accept uncompensated services, and enter into contracts or agreements with private or public agencies or persons (including contracts for services of translators without regard to any other law), for such necessary services (including personal services) as the Secretary may consider practicable. The Secretary may also enter into contracts or agreements with private concerns or public agencies for the hiring of passenger motor vehicles or aircraft for official travel whenever, in the Secretary’s judgment, such arrangements are in the interest of efficiency or economy.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 213 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 515 (VETERANS’ BENEFITS)
§ 515. Administrative settlement of tort claims
(a)
(1) Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States.
(2) For purposes of this subsection, the term “settle”, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.
(b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 224 and 236 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 517 (VETERANS’ BENEFITS)
§ 517. Quarterly reports to Congress on conferences sponsored by the Department
(a) Quarterly Reports Required.—
Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on covered conferences.
(b) Matters Included.—
Each report under subsection (a) shall include the following:
(1) An accounting of the final costs to the Department of each covered conference occurring during the fiscal quarter preceding the date on which the report is submitted, including the costs related to—
(A) transportation and parking;
(B) per diem payments;
(C) lodging;
(D) rental of halls, auditoriums, or other spaces;
(E) rental of equipment;
(F) refreshments;
(G) entertainment;
(H) contractors; and
(I) brochures or other printed media.
(2) The total estimated costs to the Department for covered conferences occurring during the fiscal quarter in which the report is submitted.
(c) Covered Conference Defined.—
In this section, the term “covered conference” means a conference, meeting, or other similar forum that is sponsored or co-sponsored by the Department and is—
(1) attended by 50 or more individuals, including one or more employees of the Department; or
(2) estimated to cost the Department at least $20,000.
(Added Pub. L. 112–154, title VII, § 707(a), Aug. 6, 2012, 126 Stat.1206.)
heading: Effective Date
text: Pub. L. 112–154, title VII, § 707(c), Aug. 6, 2012, 126 Stat. 1207, provided that: “Section 517 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2012, and shall apply with respect to the first quarter of fiscal year 2013 and each quarter thereafter.”