dreamproit/uscode huggingface dataset:
38 U.S.C. § 104 (VETERANS’ BENEFITS)
§ 104. Approval of educational institutions
(a) For the purpose of determining whether or not benefits are payable under this title (except chapter 35 of this title) for a child over the age of eighteen years and under the age of twenty-three years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.
(b) The Secretary may not approve an educational institution under this section unless such institution has agreed to report to the Secretary the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91–24, § 1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99–576, title VII, § 701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.
1986—Subsec. (b). Pub. L. 99–576 substituted “report to the Administrator” for “report to him”.
1969—Subsec. (a). Pub. L. 91–24 substituted “the age of twenty-three years” for “the age of twenty-one years”.
38 U.S.C. § 105 (VETERANS’ BENEFITS)
§ 105. Line of duty and misconduct
(a) An injury or disease incurred during active military, naval, or air service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, or air service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person’s own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.
(b) The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).
(c) For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99–576, title VII, § 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100–689, title I, § 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101–508, title VIII, § 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388–351; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)
heading: Amendments
text: 1991—Subsec. (c). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
1990—Subsec. (a). Pub. L. 101–508 substituted “a result of the person’s own willful misconduct or abuse of alcohol or drugs” for “the result of the person’s own willful misconduct”.
1988—Subsec. (c). Pub. L. 100–689 added subsec. (c).
1986—Subsec. (a). Pub. L. 99–576, § 701(4)(A), substituted “result of the person’s” for “result of his” and “requiring the person” for “requiring him”.
Subsec. (b)(1). Pub. L. 99–576, § 701(4)(B), substituted “service or by absenting himself or herself” for “service, or by absenting himself”.
heading: Effective Date of 1990 Amendment
text: Pub. L. 101–508, title VIII, § 8052(b), Nov. 5, 1990, 104 Stat. 1388–351, provided that: “The amendments made by subsection (a) [amending this section and sections 310 and 331 [now 1110 and 1131] of this title] shall take effect with respect to claims filed after October 31, 1990.”
38 U.S.C. § 108 (VETERANS’ BENEFITS)
§ 108. Seven-year absence presumption of death
(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual’s home and family for seven or more years, and establishing that after diligent search no evidence of that individual’s existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99–576, title VII, § 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)
heading: Amendments
text: 1991—Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1984” for “784”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1986—Subsec. (b). Pub. L. 99–576 substituted “that individual’s” for “his” in two places.
38 U.S.C. § 110 (VETERANS’ BENEFITS)
§ 110. Preservation of disability ratings
A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87–825, § 6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88–445, § 1(a), (b), Aug. 19, 1964, 78 Stat. 464; Pub. L. 91–32, June 23, 1969, 83 Stat. 38; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)
heading: Amendments
text: 1991—Pub. L. 102–83 substituted “Secretary” for “Administrator” and substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in two places.
1969—Pub. L. 91–32 substituted “evaluation” for “percentage” wherever appearing.
1964—Pub. L. 88–445 substituted “Preservation of disability ratings” for “Preservation of total disability ratings” in section catchline, and inserted sentence directing that a disability which has been continuously rated at or above any percentage for twenty or more years for compensation purposes shall not thereafter be rated at less than such percentage, except upon a showing that such rating was based on fraud.
1962—Pub. L. 87–825 provided for computation of the period from the date the Administrator determines as the date the status commenced for rating purposes.
heading: Effective Date of 1969 Amendment
text: Pub. L. 91–32, June 23, 1969, 83 Stat. 38, provided in part that the amendment made by that section is effective Aug. 19, 1964.
heading: Effective Date of 1962 Amendment
text: Pub. L. 87–825, § 7, Oct. 15, 1962, 76 Stat. 950, provided that: “This Act [see Tables for classification] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [Oct. 15, 1962], but no payments shall be made by reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance occurs on or after such effective date. If such event occurred before such effective date, action shall be taken pursuant to the prior laws and regulations.”
38 U.S.C. § 111A (VETERANS’ BENEFITS)
§ 111A. Transportation of individuals to and from Department facilities
(a) Transportation by Secretary.—
(1) The Secretary may transport any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care.
(2) The authority granted by paragraph (1) shall expire on the date that is one year after the date of the enactment of this section.
(b) Transportation by Third-parties.—
The Secretary, in consultation and coordination with the Secretary of Transportation and appropriate representatives of veterans’ service organizations, shall take all appropriate steps to facilitate the establishment and maintenance of a program under which such organizations, or individuals who are volunteering their services to the Department, would take responsibility for the transportation, without reimbursement from the Department, to Department facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Department under chapter 17 or other provisions of this title.
(Added and amended Pub. L. 112–260, title II, § 202(a), (b), Jan. 10, 2013, 126 Stat. 2423, 2424.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 112–260, which was approved Jan. 10, 2013.
heading: Amendments
text: 2013—Subsec. (b). Pub. L. 112–260, § 202(b), transferred subsec. (h) of section 111 of this title to this section, redesignated it as subsec. (b), and inserted heading.
38 U.S.C. § 112 (VETERANS’ BENEFITS)
§ 112. Presidential memorial certificate program
(a) At the request of the President the Secretary may conduct a program for honoring the memory of deceased veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country’s grateful recognition of the deceased individual’s service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude authorization of another certificate if a request is received from some other eligible recipient.
(b) For the purpose of this section an “eligible recipient” means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend.
(c) A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411(b) of this title.
(Added Pub. L. 89–88, § 1(a), July 24, 1965, 79 Stat. 264; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–330, title II, § 201(a), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 112–154, title VI, § 603, Aug. 6, 2012, 126 Stat. 1201.)
heading: Amendments
text: 2012—Subsec. (a). Pub. L. 112–154 inserted “and persons who died in the active military, naval, or air service,” after “under honorable conditions,” and substituted “deceased individual’s” for “veteran’s”.
2002—Subsec. (c). Pub. L. 107–330 added subsec. (c).
1991—Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator”.
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–330, title II, § 201(d), Dec. 6, 2002, 116 Stat. 2823, provided that: “The amendments made by this section [amending this section and sections 2301 and 2306 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 6, 2002].”
38 U.S.C. § 115 (VETERANS’ BENEFITS)
§ 115. Acquisition of real property
For the purposes of sections 314, 315, 316, and 2406 of this title and subchapter I of chapter 81 of this title, the Secretary may acquire and use real property—
(1) before title to the property is approved under section 3111 of title 40; and
(2) even though the property will be held in other than a fee simple interest in a case in which the Secretary determines that the interest to be acquired is sufficient for the purposes of the intended use.
(Added Pub. L. 102–86, title IV, § 402(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(1), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 107–217, § 3(j)(1), Aug. 21, 2002, 116 Stat. 1300.)
heading: Amendments
text: 2002—Par. (1). Pub. L. 107–217 substituted “section 3111 of title 40” for “section 355 of the Revised Statutes (40 U.S.C. 255)”.
1994—Pub. L. 103–446 substituted “sections 314, 315, 316,” for “sections 230” in introductory provisions.
1991—Pub. L. 102–83 substituted “2406” for “1006” in introductory provisions.
38 U.S.C. § 116 (VETERANS’ BENEFITS)
§ 116. Reports to Congress: cost information
Whenever the Secretary submits to Congress, or any committee of Congress, a report that is required by law or by a joint explanatory statement of a committee of conference of the Congress, the Secretary shall include with the report—
(1) a statement of the cost of preparing the report; and
(2) a brief explanation of the methodology used in preparing that cost statement.
(Added Pub. L. 106–419, title IV, § 403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.)
heading: Effective Date
text: Pub. L. 106–419, title IV, § 403(d)(2), Nov. 1, 2000, 114 Stat. 1864, provided that: “Section 116 of title 38, United States Code, as added by paragraph (1) of this subsection, shall apply with respect to any report submitted by the Secretary of Veterans Affairs after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 1, 2000].”
38 U.S.C. § 118 (VETERANS’ BENEFITS)
§ 118. Submission of reports to Congress in electronic form
(a) In General.—
Whenever the Secretary or any other official of the Department is required by law to submit to Congress (or any committee of either chamber of Congress) a report, the Secretary or other official shall submit to Congress (or such committee) a copy of the report in an electronic format.
(b) Treatment.—
The submission of a copy of a report in accordance with this section shall be treated as meeting any requirement of law to submit such report to Congress (or any committee of either chamber of Congress).
(c) Report Defined.—
For purposes of this section, the term “report” includes any certification, notification, or other communication in writing.
(Added Pub. L. 111–163, title X, § 1003(a), May 5, 2010, 124 Stat. 1182.)
38 U.S.C. § 302 (VETERANS’ BENEFITS)
§ 302. Seal
(a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal.
(b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.)
heading: Prior Provisions
text: Prior section 302 was renumbered section 1102 of this title.
Provisions similar to those in this section were contained in section 202 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 304 (VETERANS’ BENEFITS)
§ 304. Deputy Secretary of Veterans Affairs
There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 210(d) of this title and in section 3(a) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §§ 2(a), 3(3).
heading: Order of Succession
text: For order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under section 3345 of Title 5, Government Organization and Employees.
38 U.S.C. § 307 (VETERANS’ BENEFITS)
§ 307. Under Secretary for Memorial Affairs
There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 105–368, title IV, § 403(a)(3), (c)(1)(A), Nov. 11, 1998, 112 Stat. 3338.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3(d) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).
heading: Amendments
text: 1998—Pub. L. 105–368, § 403(c)(1)(A), substituted “Under Secretary for Memorial Affairs” for “Director of the National Cemetery System” in section catchline.
Pub. L. 105–368, § 403(a)(3), in first sentence, substituted “an Under Secretary for Memorial Affairs” for “a Director of the National Cemetery System” and, in second sentence, substituted “The Under Secretary is the head of the National Cemetery Administration” for “The Director is the head of the National Cemetery System”.
38 U.S.C. § 309 (VETERANS’ BENEFITS)
§ 309. Chief Financial Officer
The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in section 902 of title 31.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 382.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 4(c) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).
38 U.S.C. § 310 (VETERANS’ BENEFITS)
§ 310. Chief Information Officer
(a) The Chief Information Officer for the Department is designated pursuant to section 3506(a)(2) of title 44.
(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under chapter 35 of title 44 and subtitle III of title 40.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 382; amended Pub. L. 104–106, div. E, title LVI, § 5604, Feb. 10, 1996, 110 Stat. 700; Pub. L. 105–85, div. A, title X, § 1073(h)(3), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 107–217, § 3(j)(2), Aug. 21, 2002, 116 Stat. 1300.)
heading: Prior Provisions
text: Prior section 310 was renumbered section 1110 of this title.
Provisions similar to those in this section were contained in section 4(d) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–217 substituted “subtitle III of title 40” for “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)”.
1997—Subsec. (b). Pub. L. 105–85 substituted “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” for “the Information Technology Management Reform Act of 1996”.
1996—Pub. L. 104–106 substituted “Chief Information Officer” for “Chief Information Resources Officer” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d), relating to designation, powers, and duties of the Chief Information Resources Officer.
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702.
38 U.S.C. § 311 (VETERANS’ BENEFITS)
§ 311. General Counsel
There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383.)
heading: Prior Provisions
text: Prior section 311 was renumbered section 1111 of this title.
Provisions similar to those in this section were contained in section 8(a) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).
38 U.S.C. § 312 (VETERANS’ BENEFITS)
§ 312. Inspector General
(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in the Inspector General Act of 1978 (5 U.S.C. App.). The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.
(b)
(1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.
(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31 an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383; amended Pub. L. 103–446, title XII, § 1201(e)(3), (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687.)
heading: References in Text
text: The Inspector General Act of 1978, referred to in subsec. (a), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: Prior section 312 was renumbered section 1112 of this title.
Provisions similar to those in this section were contained in section 9(b) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–446, § 1201(e)(3), substituted “(5 U.S.C. App.)” for “(5 U.S.C. App. 3)”.
Subsec. (b)(3). Pub. L. 103–446, § 1201(g)(1), struck out par. (3) which read as follows: “The Secretary shall provide the number of additional full-time positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991.”