dreamproit/uscode huggingface dataset:
38 U.S.C. § 7284 (VETERANS’ BENEFITS)
§ 7284. Fee for transcript of record
The Court of Appeals for Veterans Claims may fix a fee, not in excess of the fee authorized by law to be charged and collected therefor by the clerks of the district courts, for comparing, or for preparing and comparing, a transcript of the record of any proceeding before the Court, or for copying any record, entry, or other paper and the comparison and certification thereof.
(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4084; renumbered § 7284, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)
heading: Amendments
text: 1998—Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1991—Pub. L. 102–40 renumbered section 4084 of this title as this section.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 7285 (VETERANS’ BENEFITS)
§ 7285. Practice and registration fees
(a) The Court of Appeals for Veterans Claims may impose a reasonable periodic registration fee on persons admitted to practice before the Court. The frequency and amount of such fee shall be determined by the Court. The Court may also impose a reasonable registration fee on persons (other than judges of the Court) participating at judicial conferences convened pursuant to section 7286 of this title or in any other court-sponsored activity.
(b) Amounts received by the Court under subsection (a) of this section shall be available to the Court for the following purposes:
(1) Conducting investigations and proceedings, including employing independent counsel, to pursue disciplinary matters.
(2) Defraying the expenses of—
(A) judicial conferences convened pursuant to section 7286 of this title; and
(B) other activities and programs of the Court that are intended to support and foster communication and relationships between the Court and persons practicing before the Court or the study, understanding, public commemoration, or improvement of veterans law or of the work of the Court.
(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4119, § 4085; renumbered § 7285, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107–103, title VI, § 604(a)–(c)(1), Dec. 27, 2001, 115 Stat. 999; Pub. L. 110–389, title VI, § 605, Oct. 10, 2008, 122 Stat. 4179.)
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–389 inserted “reasonable” after “impose a” in two places and struck out “, except that such amount may not exceed $30 per year” after “by the Court”.
2001—Pub. L. 107–103, § 604(c)(1), substituted “Practice and registration fees” for “Practice fee” in section catchline.
Subsec. (a). Pub. L. 107–103, § 604(a), inserted at end “The Court may also impose a registration fee on persons (other than judges of the Court) participating at judicial conferences convened pursuant to section 7286 of this title or in any other court-sponsored activity.”
Subsec. (b). Pub. L. 107–103, § 604(b), substituted “for the following purposes:” and pars. (1) and (2) for “for the purposes of (1) employing independent counsel to pursue disciplinary matters, and (2) defraying administrative costs for the implementation of the standards of proficiency prescribed for practice before the Court.”
1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1991—Pub. L. 102–40 renumbered section 4085 of this title as this section.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 7286 (VETERANS’ BENEFITS)
§ 7286. Judicial Conference of the Court
The Chief Judge of the Court of Appeals for Veterans Claims may summon the judges of the Court to an annual judicial conference, at a time and place that the Chief Judge designates, for the purpose of considering the business of the Court and recommending means of improving the administration of justice within the Court’s jurisdiction. The Court shall provide by its rules for representation and active participation at such conference by persons admitted to practice before the Court and by other persons active in the legal profession.
(Added Pub. L. 102–82, § 2(a), Aug. 6, 1991, 105 Stat. 375; amended Pub. L. 105–368, title V, § 512(a)(1), (2)(A), Nov. 11, 1998, 112 Stat. 3341.)
heading: Amendments
text: 1998—Pub. L. 105–368 struck out “of Veterans Appeals” after “Court” in section catchline and substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals” in text.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 7287 (VETERANS’ BENEFITS)
§ 7287. Administration
Notwithstanding any other provision of law, the Court of Appeals for Veterans Claims may exercise, for purposes of management, administration, and expenditure of funds of the Court, the authorities provided for such purposes by any provision of law (including any limitation with respect to such provision of law) applicable to a court of the United States (as that term is defined in section 451 of title 28), except to the extent that such provision of law is inconsistent with a provision of this chapter.
(Added Pub. L. 107–103, title VI, § 605(a), Dec. 27, 2001, 115 Stat. 1000.)
38 U.S.C. § 7288 (VETERANS’ BENEFITS)
§ 7288. Annual report
(a) In General.—
The chief judge of the Court shall submit to the appropriate committees of Congress each year a report summarizing the workload of the Court for the fiscal year ending during the preceding year.
(b) Elements.—
Each report under subsection (a) shall include, with respect to the fiscal year covered by such report, the following information:
(1) The number of appeals filed with the Court.
(2) The number of petitions filed with the Court.
(3) The number of applications filed with the Court under section 2412 of title 28.
(4) The total number of dispositions by each of the following:
(A) The Court as a whole.
(B) The Clerk of the Court.
(C) A single judge of the Court.
(D) A multi-judge panel of the Court.
(E) The full Court.
(5) The number of each type of disposition by the Court, including settlement, affirmation, remand, vacation, dismissal, reversal, grant, and denial.
(6) The median time from filing an appeal to disposition by each of the following:
(A) The Court as a whole.
(B) The Clerk of the Court.
(C) A single judge of the Court.
(D) Multiple judges of the Court (including a multi-judge panel of the Court or the full Court).
(7) The median time from filing a petition to disposition by the Court.
(8) The median time from filing an application under section 2412 of title 28 to disposition by the Court.
(9) The median time from the completion of briefing requirements by the parties to disposition by the Court.
(10) The number of oral arguments before the Court.
(11) The number of cases appealed to the United States Court of Appeals for the Federal Circuit.
(12) The number and status of appeals and petitions pending with the Court and of applications described in paragraph (3) as of the end of such fiscal year.
(13) The number of cases pending with the Court more than 18 months as of the end of such fiscal year.
(14) A summary of any service performed for the Court by a recalled retired judge of the Court.
(15) An assessment of the workload of each judge of the Court, including consideration of the following:
(A) The time required of each judge for disposition of each type of case.
(B) The number of cases reviewed by the Court.
(C) The average workload of other Federal judges.
(c) Appropriate Committees of Congress Defined.—
In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Veterans’ Affairs of the Senate; and
(2) the Committee on Veterans’ Affairs of the House of Representatives.
(Added Pub. L. 110–389, title VI, § 604(a), Oct. 10, 2008, 122 Stat. 4178.)
38 U.S.C. § 7299 (VETERANS’ BENEFITS)
§ 7299. Limitation on activities of retired judges
(a) A retired judge of the Court who is recall-eligible under section 7257 of this title and who in the practice of law represents (or supervises or directs the representation of) a client in making any claim relating to veterans’ benefits against the United States or any agency thereof shall, pursuant to such section, be considered to have declined recall service and be removed from the status of a recall-eligible judge. The pay of such a judge, pursuant to section 7296 of this title, shall be the pay of the judge at the time of the removal from recall status.
(b) A recall-eligible judge shall be considered to be an officer or employee of the United States, but only during periods when the judge is serving in recall status. Any prohibition, limitation, or restriction that would otherwise apply to the activities of a recall-eligible judge shall apply only during periods when the judge is serving in recall status.
(Added Pub. L. 106–117, title X, § 1024(a), Nov. 30, 1999, 113 Stat. 1593.)
38 U.S.C. § 7301 (VETERANS’ BENEFITS)
§ 7301. Functions of Veterans Health Administration: in general
(a) There is in the Department of Veterans Affairs a Veterans Health Administration. The Under Secretary for Health is the head of the Administration. The Under Secretary for Health may be referred to as the Chief Medical Director.
(b) The primary function of the Administration is to provide a complete medical and hospital service for the medical care and treatment of veterans, as provided in this title and in regulations prescribed by the Secretary pursuant to this title.
(Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 211; amended Pub. L. 102–405, title III, § 302(c)(1), (2), Oct. 9, 1992, 106 Stat. 1984.)
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–405 substituted “Under Secretary for Health is” for “Chief Medical Director is” and inserted at end “The Under Secretary for Health may be referred to as the Chief Medical Director.”
38 U.S.C. § 7302 (VETERANS’ BENEFITS)
§ 7302. Functions of Veterans Health Administration: health-care personnel education and training programs
(a) In order to carry out more effectively the primary function of the Veterans Health Administration and in order to assist in providing an adequate supply of health personnel to the Nation, the Secretary—
(1) to the extent feasible without interfering with the medical care and treatment of veterans, shall develop and carry out a program of education and training of health personnel; and
(2) shall carry out a major program for the recruitment, training, and employment of veterans with medical military occupation specialties as—
(A) physician assistants;
(B) expanded-function dental auxiliaries; and
(C) other medical technicians.
(b) In carrying out subsection (a)(1), the Secretary shall include in the program of education and training under that subsection the developing and evaluating of new health careers, interdisciplinary approaches, and career advancement opportunities.
(c) In carrying out subsection (a)(2), the Secretary shall include in the program of recruitment, training, and employment under that subsection measures to advise all qualified veterans with military occupation specialties referred to in that subsection, and all members of the armed forces about to be discharged or released from active duty who have such military occupation specialties, of employment opportunities with the Administration.
(d) The Secretary shall carry out subsection (a) in cooperation with the following institutions and organizations:
(1) Schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, or allied health professions.
(2) Other institutions of higher learning.
(3) Medical centers.
(4) Academic health centers.
(5) Hospitals.
(6) Such other public or nonprofit agencies, institutions, or organizations as the Secretary considers appropriate.
(Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 211.)
38 U.S.C. § 7304 (VETERANS’ BENEFITS)
§ 7304. Regulations
(a) Unless specifically otherwise provided, the Under Secretary for Health shall prescribe all regulations necessary to the administration of the Veterans Health Administration, including regulations relating to—
(1) travel, transportation of household goods and effects, and deductions from pay for quarters and subsistence; and
(2) the custody, use, and preservation of the records, papers, and property of the Administration.
(b) Regulations prescribed by the Under Secretary for Health are subject to the approval of the Secretary.
(Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 212; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Amendments
text: 1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in subsecs. (a) and (b).
38 U.S.C. § 7305 (VETERANS’ BENEFITS)
§ 7305. Divisions of Veterans Health Administration
The Veterans Health Administration shall include the following:
(1) The Office of the Under Secretary for Health.
(2) A Medical Service.
(3) A Dental Service.
(4) A Podiatric Service.
(5) An Optometric Service.
(6) A Nursing Service.
(7) A Readjustment Counseling Service.
(8) Such other professional and auxiliary services as the Secretary may find to be necessary to carry out the functions of the Administration.
(Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 212; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 112–239, div. A, title VII, § 728(c), Jan. 2, 2013, 126 Stat. 1813.)
heading: Amendments
text: 2013—Pars. (7), (8). Pub. L. 112–239 added par. (7) and redesignated former par. (7) as (8).
1992—Par. (1). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.
38 U.S.C. § 7308 (VETERANS’ BENEFITS)
§ 7308. Office of Rural Health
(a) Establishment.—
There is established in the Department within the Office of the Under Secretary for Health an office to be known as the “Office of Rural Health” (in this section referred to as the “Office”).
(b) Head.—
The Director of the Office of Rural Health shall be the head of the Office. The Director of the Office of Rural Health shall be appointed by the Under Secretary of Health from among individuals qualified to perform the duties of the position.
(c) Functions.—
The functions of the Office are as follows:
(1) In cooperation with the medical, rehabilitation, health services, and cooperative studies research programs in the Office of Policy and the Office of Research and Development of the Veterans Health Administration, to assist the Under Secretary for Health in conducting, coordinating, promoting, and disseminating research into issues affecting veterans living in rural areas.
(2) To work with all personnel and offices of the Department of Veterans Affairs to develop, refine, and promulgate policies, best practices, lessons learned, and innovative and successful programs to improve care and services for veterans who reside in rural areas of the United States.
(3) To designate in each Veterans Integrated Service Network (VISN) an individual who shall consult on and coordinate the discharge in such Network of programs and activities of the Office for veterans who reside in rural areas of the United States.
(4) To perform such other functions and duties as the Secretary or the Under Secretary for Health considers appropriate.
(d) Rural Health Resource Centers.—
(1) There are, in the Office, veterans rural health resource centers that serve as satellite offices for the Office.
(2) The veterans rural health resource centers have purposes as follows:
(A) To improve the understanding of the Office of the challenges faced by veterans living in rural areas.
(B) To identify disparities in the availability of health care to veterans living in rural areas.
(C) To formulate practices or programs to enhance the delivery of health care to veterans living in rural areas.
(D) To develop special practices and products for the benefit of veterans living in rural areas and for implementation of such practices and products in the Department systemwide.
(Added Pub. L. 109–461, title II, § 212(a)(1), Dec. 22, 2006, 120 Stat. 3421; amended Pub. L. 112–154, title I, § 110, Aug. 6, 2012, 126 Stat. 1175.)
heading: Amendments
text: Subsec. (d). Pub. L. 112–154 added subsec. (d).
38 U.S.C. § 7312 (VETERANS’ BENEFITS)
§ 7312. Special medical advisory group
(a) The Secretary shall establish an advisory committee to be known as the special medical advisory group. The advisory group shall advise the Secretary, through the Under Secretary for Health, and the Under Secretary for Health directly, relative to the care and treatment of disabled veterans and other matters pertinent to the Administration.
(b) Members of the special medical advisory group shall be appointed by the Secretary upon the recommendation of the Under Secretary for Health. The special medical advisory group shall be composed of—
(1) members of the medical, dental, podiatric, optometric, and allied scientific professions;
(2) other individuals considered by the Under Secretary for Health to have experience pertinent to the mission of the Administration; and
(3) a disabled veteran.
(c) The special medical advisory group shall meet on a regular basis as prescribed by the Secretary. The number, terms of service, pay, and allowances of members of the advisory group shall be prescribed in accordance with existing law and regulations.
(d) Not later than February 1 of each year, the special medical advisory group shall submit to the Secretary and the Congress a report on the activities of the advisory group during the preceding fiscal year. No report shall be required under this subsection after December 31, 2004.
(Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 215; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(e)(20), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 106–419, title IV, § 403(c)(5), Nov. 1, 2000, 114 Stat. 1864.)
heading: Amendments
text: 2000—Subsec. (d). Pub. L. 106–419 inserted at end “No report shall be required under this subsection after December 31, 2004.”
1994—Subsec. (d). Pub. L. 103–446 substituted “the activities of the advisory group” for “the advisory groups activities”.
1992—Subsecs. (a), (b). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing.
38 U.S.C. § 7313 (VETERANS’ BENEFITS)
§ 7313. Advisory committees: affiliated institutions
(a) In each case where the Secretary has a contract or agreement with any school, institution of higher learning, medical center, hospital, or other public or nonprofit agency, institution, or organization for the training or education of health personnel, the Secretary shall establish an advisory committee to advise the Secretary and the Under Secretary for Health with respect to policy matters arising in connection with, and the operation of, the program with respect to which it was appointed. Such a committee may be a dean’s committee, a medical advisory committee, or the like.
(b) Any such advisory committee may be established on an institution-wide, multi-disciplinary basis or on a regional basis whenever establishment on such a basis is found to be feasible.
(c) Members of each such advisory committee shall be appointed by the Secretary and shall include personnel of the Department (including appropriate representation from the full-time staff) and of the entity with which the Secretary has entered into the contract or agreement. The number of members, and terms of members, of each advisory committee shall be prescribed by the Secretary.
(d) The Secretary shall require that the Chief of the Nursing Service (or the designee of the Chief) at each Department health-care facility be included in the membership of each policymaking committee at that facility. Such committees include: (1) committees relating to matters such as budget, education, position management, clinical executive issues, planning, and resource allocation, and (2) the dean’s committee or other advisory committee established under subsection (a).
(Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 216; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.
38 U.S.C. § 7319 (VETERANS’ BENEFITS)
§ 7319. Mammography quality standards
(a) A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under subsection (e) of section 354 of the Public Health Service Act (42 U.S.C. 263b).
(b) The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act.
(c)
(1) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act.
(2) The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency.
(d) The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act.
(e) For the purposes of this section, the term “mammogram” has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act.
(Added Pub. L. 104–262, title III, § 321(a)(1), Oct. 9, 1996, 110 Stat. 3195.)
heading: References in Text
text: Section 354 of the Public Health Service Act, referred to in text, is section 354 of act July 1, 1944, ch. 373, which is classified to section 263b of Title 42, The Public Health and Welfare.
heading: Deadline for Prescribing Standards
text: Pub. L. 104–262, title III, § 321(b), Oct. 9, 1996, 110 Stat. 3195, provided that: “The Secretary of Veterans Affairs shall prescribe standards under subsection (b) of section 7319 of title 38, United States Code, as added by subsection (a), not later than the end of the 120-day period beginning on the date of the enactment of this Act [Oct. 9, 1996].”
heading: Implementation Report
text: Pub. L. 104–262, title III, § 321(c), Oct. 9, 1996, 110 Stat. 3195, provided that: “The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s implementation of section 7319 of title 38, United States Code, as added by subsection (a). The report shall be submitted not later than 120 days after the date of the enactment of this Act [Oct. 9, 1996].”