dreamproit/uscode huggingface dataset:
38 U.S.C. § 8523 (VETERANS’ BENEFITS)
§ 8523. Disbursements from the Fund
Disbursements from the Fund shall be made by the Division of Disbursements, Treasury Department, upon the order and within the discretion of the Secretary for the benefit of members and patients while being supplied care or treatment by the Department in any facility or hospital. The authority contained in the preceding sentence is not limited to facilities or hospitals under direct administrative control of the Department. There shall be paid out of the assets of the decedent so far as may be the valid claims of creditors against the decedent’s estate that would be legally payable therefrom in the absence of this subchapter and without the benefit of any exemption statute, and which may be presented to the Department within one year from the date of death, or within the time, to the person, and in the manner required or permitted by the law of the State wherein administration, if any, is had upon the estate of the deceased veteran; and also the proper expenses and costs of administration, if any. If the decedent’s estate is insolvent the distribution to creditors shall be in accordance with the laws of the decedent’s domicile, and the preferences and priorities prescribed thereby shall govern, subject to any applicable law of the United States.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5223; Pub. L. 99–576, title VII, § 701(102), Oct. 28, 1986, 100 Stat. 3300; renumbered § 8523, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5223 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department” for “Veterans’ Administration” wherever appearing.
1986—Pub. L. 99–576 substituted “the decedent’s” for “his” in two places.
heading: Transfer of Functions
text: Division of Disbursements of Treasury Department consolidated into Fiscal Service of Treasury Department by section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees. See section 306 of Title 31, Money and Finance.
38 U.S.C. § 8524 (VETERANS’ BENEFITS)
§ 8524. Disposal of remaining assets
The remainder of such assets or their proceeds shall become assets of the United States as trustee for the Fund and disposed of in accordance with this subchapter. If there is administration upon the decedent’s estate such assets, other than money, upon claim therefor within the time required by law, shall be delivered by the administrator of the estate to the Secretary or the Secretary’s authorized representative, as upon final distribution; and upon the same claim there shall be paid to the Treasurer of the United States for credit to the Fund any such money, available for final distribution. In the absence of administration, any money, chose in action, or other property of the deceased veteran held by any person shall be paid or transferred to the Secretary upon demand by the Secretary or the Secretary’s duly authorized representative, who shall deliver itemized receipt therefor. Such payment or transfer shall constitute a complete acquittance of the transferor with respect to any claims by any administrator, creditor, or next of kin of such decedent.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5224; Pub. L. 99–576, title VII, § 701(103), Oct. 28, 1986, 100 Stat. 3300; renumbered § 8524, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5224 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” wherever appearing.
1986—Pub. L. 99–576 substituted “the Administrator’s” for “his” in two places, and “the Administrator” for “him”.
38 U.S.C. § 8525 (VETERANS’ BENEFITS)
§ 8525. Court actions
If necessary to obtain such assets the Secretary, through the Secretary’s authorized attorneys, may bring and prosecute appropriate actions at law or other legal proceedings, the costs and expenses thereof to be paid as are other administrative expenses of the Department.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5225; Pub. L. 99–576, title VII, § 701(104), Oct. 28, 1986, 100 Stat. 3301; renumbered § 8525, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5225 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”, “Secretary’s” for “Administrator’s”, and “Department” for “Veterans’ Administration”.
1986—Pub. L. 99–576 substituted “the Administrator’s” for “his”.
38 U.S.C. § 8527 (VETERANS’ BENEFITS)
§ 8527. Notice of provisions of subchapter
The Secretary shall prescribe a form of application for hospital treatment and domiciliary care which shall include notice of the provisions of this subchapter.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1262, § 5227; renumbered § 8527, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5227 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
38 U.S.C. § 8528 (VETERANS’ BENEFITS)
§ 8528. Investment of the Fund
Money in the Fund not required for current disbursements may be invested and reinvested by the Secretary of the Treasury in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1262, § 5228; renumbered § 8528, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5228 of this title as this section.
39 U.S.C. § 102 (POSTAL SERVICE)
§ 102. Definitions
As used in this title—
(1) “Postal Service” means the United States Postal Service established by section 201 of this title;
(2) “Board of Governors”, and “Board”, unless the context otherwise requires, mean the Board of Governors established under section 202 of this title;
(3) “Governors” means the 9 members of the Board of Governors appointed by the President, by and with the advice and consent of the Senate, under section 202(a) of this title;
(4) “Inspector General” means the Inspector General appointed under section 202(e) of this title;
(5) “postal service” refers to the delivery of letters, printed matter, or mailable packages, including acceptance, collection, sorting, transportation, or other functions ancillary thereto;
(6) “product” means a postal service with a distinct cost or market characteristic for which a rate or rates are, or may reasonably be, applied;
(7) “rates”, as used with respect to products, includes fees for postal services;
(8) “market-dominant product” or “product in the market-dominant category of mail” means a product subject to subchapter I of chapter 36;
(9) “competitive product” or “product in the competitive category of mail” means a product subject to subchapter II of chapter 36; and
(10) “year”, as used in chapter 36 (other than subchapters I and VI thereof), means a fiscal year.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 720; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(a)(2)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–379; Pub. L. 109–435, title I, § 101, Dec. 20, 2006, 120 Stat. 3199.)
heading: Amendments
text: 2006—Pars. (5) to (10). Pub. L. 109–435 added pars. (5) to (10).
1996—Par. (4). Pub. L. 104–208 added par. (4).
heading: Effective Date
text: Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 203 (POSTAL SERVICE)
§ 203. Postmaster General; Deputy Postmaster General
The chief executive officer of the Postal Service is the Postmaster General appointed under section 202(c) of this title. The alternate chief executive officer of the Postal Service is the Deputy Postmaster General appointed under section 202(d) of this title.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 721.)
heading: Effective Date
text: Section effective Aug. 12, 1970, see section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 204 (POSTAL SERVICE)
§ 204. General Counsel; Judicial Officer; Chief Postal Inspector
There shall be within the Postal Service a General Counsel, such number of Assistant Postmasters General as the Board shall consider appropriate, a Judicial Officer, and a Chief Postal Inspector. The General Counsel, the Assistant Postmasters General, the Judicial Officer, and the Chief Postal Inspector shall be appointed by, and serve at the pleasure of, the Postmaster General. The Judicial Officer shall perform such quasi-judicial duties, not inconsistent with chapter 36 of this title, as the Postmaster General may designate. The Judicial Officer shall be the agency for the purposes of the requirements of chapter 5 of title 5, to the extent that functions are delegated to him by the Postmaster General. The Chief Postal Inspector shall report to, and be under the general supervision of, the Postmaster General. The Postmaster General shall promptly notify the Governors and both Houses of Congress in writing if he or she removes the Chief Postal Inspector or transfers the Chief Postal Inspector to another position or location within the Postal Service, and shall include in any such notification the reasons for the removal or transfer.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 721; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(f)(2)(A)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–382.)
heading: Amendments
text: 1996—Pub. L. 104–208, § 101(f) [title VI, § 662(f)(2)(A)(i)], in section catchline substituted “General Counsel; Judicial Officer; Chief Postal Inspector” for “Assistant Postmasters General; General Counsel; Judicial Officer”.
Pub. L. 104–208, § 101(f) [title VI, § 662(f)(2)(A)(ii)–(iv)], substituted “a Judicial Officer, and a Chief Postal Inspector.” for “and a Judicial Officer.” and “the Judicial Officer, and the Chief Postal Inspector” for “and the Judicial Officer”, and inserted at end “The Chief Postal Inspector shall report to, and be under the general supervision of, the Postmaster General. The Postmaster General shall promptly notify the Governors and both Houses of Congress in writing if he or she removes the Chief Postal Inspector or transfers the Chief Postal Inspector to another position or location within the Postal Service, and shall include in any such notification the reasons for the removal or transfer.”
heading: Effective Date
text: Section effective Jan. 20, 1971, pursuant to Resolution No. 71–7 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 205 (POSTAL SERVICE)
§ 205. Procedures of the Board of Governors
(a) The Board shall direct and control the expenditures and review the practices and policies of the Postal Service, and perform other functions and duties prescribed by this title.
(b) Vacancies in the Board, as long as there are sufficient members to form a quorum, shall not impair the powers of the Board under this title.
(c) The Board shall act upon majority vote of those members who are present, and any 6 members present shall constitute a quorum for the transaction of business by the Board, except—
(1) that in the appointment or removal of the Postmaster General, and in setting the compensation of the Postmaster General and Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office shall be required;
(2) that in the appointment or removal of the Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office and the member serving as Postmaster General shall be required; and
(3) as otherwise provided in this title.
(d) No officer or employee of the United States may serve concurrently as a Governor. A Governor may hold any other office or employment not inconsistent or in conflict with his duties, responsibilities, and powers as an officer of the Government of the United States in the Postal Service.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 721.)
heading: Effective Date
text: Subsecs. (a) and (d) effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors, and subsecs. (b) and (c) effective Aug. 12, 1970. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 206 (POSTAL SERVICE)
§ 206. Advisory Council
(a) There shall be a Postal Service Advisory Council of which the Postmaster General shall be the Chairman and the Deputy Postmaster General shall be the Vice Chairman. The Advisory Council shall have 11 additional members appointed by the President. He shall appoint as such members (1) 4 persons from among persons nominated by those labor organizations recognized as collective-bargaining representatives for employees of the Postal Service in one or more collective-bargaining units, (2) 4 persons as representatives of major mail users, and (3) 3 persons as representatives of the public at large. All members shall be appointed for terms of 2 years except that, of those first appointed, 2 of the members representative of labor organizations, 2 of the members representative of major postal users, and 1 member representing the public at large shall be appointed for 1 year. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term.
(b) The Postal Service shall consult with and receive the advice of the Advisory Council regarding all aspects of postal operations.
(c) The members of the Council representative of the public at large shall receive for each meeting of the Council an amount equal to the daily rate applicable to level V of the Executive Schedule under section 5316 of title 5. All members of the Council shall be reimbursed for necessary travel and reasonable expenses incurred in attending meetings of the Council.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 722.)
heading: Effective Date
text: Section effective Aug. 12, 1970, see section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
heading: Termination of Advisory Councils
text: Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
39 U.S.C. § 207 (POSTAL SERVICE)
§ 207. Seal
The seal of the Postal Service shall be filed by the Board in the Office of the Secretary of State, judicially noticed, affixed to all commissions of officers of the Postal Service, and used to authenticate records of the Postal Service.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 722.)
heading: Effective Date
text: Section effective Jan. 16, 1971, pursuant to Resolution No. 71–5 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 208 (POSTAL SERVICE)
§ 208. Reservation of powers
Congress reserves the power to alter, amend, or repeal any or all of the sections of this title, but no such alteration, amendment, or repeal shall impair the obligation of any contract made by the Postal Service under any power conferred by this title.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 722.)
heading: Effective Date
text: Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 401 (POSTAL SERVICE)
§ 401. General powers of the Postal Service
Subject to the provisions of section 404a, the Postal Service shall have the following general powers:
(1) to sue and be sued in its official name;
(2) to adopt, amend, and repeal such rules and regulations, not inconsistent with this title, as may be necessary in the execution of its functions under this title and such other functions as may be assigned to the Postal Service under any provisions of law outside of this title;
(3) to enter into and perform contracts, execute instruments, and determine the character of, and necessity for, its expenditures;
(4) to determine and keep its own system of accounts and the forms and contents of its contracts and other business documents, except as otherwise provided in this title;
(5) to acquire, in any lawful manner, such personal or real property, or any interest therein, as it deems necessary or convenient in the transaction of its business; to hold, maintain, sell, lease, or otherwise dispose of such property or any interest therein; and to provide services in connection therewith and charges therefor;
(6) to construct, operate, lease, and maintain buildings, facilities, equipment, and other improvements on any property owned or controlled by it, including, without limitation, any property or interest therein transferred to it under section 2002 of this title;
(7) to accept gifts or donations of services or property, real or personal, as it deems, necessary or convenient in the transaction of its business;
(8) to settle and compromise claims by or against it;
(9) to exercise, in the name of the United States, the right of eminent domain for the furtherance of its official purposes; and to have the priority of the United States with respect to the payment of debts out of bankrupt, insolvent, and decedents’ estates; and
(10) to have all other powers incidental, necessary, or appropriate to the carrying on of its functions or the exercise of its specific powers.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 722; Pub. L. 109–435, title IV, § 403(b)(1), title V, § 504, Dec. 20, 2006, 120 Stat. 3227, 3235.)
heading: Amendments
text: 2006—Pub. L. 109–435, § 403(b)(1), substituted “Subject to the provisions of section 404a, the” for “The” in introductory provisions.
Par. (2). Pub. L. 109–435, § 504, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “to adopt, amend, and repeal such rules and regulations as it deems necessary to accomplish the objectives of this title;”.
heading: Effective Date
text: Pars. (1) and (3) to (10) effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors and par. (2) effective Aug. 12, 1970. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
heading: Emergency Preparedness Functions
text: For assignment of certain emergency preparedness functions to the Postmaster General, see Parts 1, 2, and 26 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
39 U.S.C. § 402 (POSTAL SERVICE)
§ 402. Delegation of authority
Except for those powers, duties, or obligations specifically vested in the Governors, as distinguished from the Board of Governors, the Board may delegate the authority vested in it to the Postmaster General under such terms, conditions, and limitations, including the power of redelegation, as it deems desirable. The Board may establish such committees of the Board, and delegate such powers to any committee, as the Board determines appropriate to carry out its functions and duties. Delegations to the Postmaster General or committees shall be consistent with other provisions of this title, shall not relieve the Board of full responsibility for the carrying out of its duties and functions, and shall be revocable by the Governors in their exclusive judgment.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 723.)
heading: Effective Date
text: Section effective Jan. 16, 1971, pursuant to Resolution No. 71–5 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 404a (POSTAL SERVICE)
§ 404a. Specific limitations
(a) Except as specifically authorized by law, the Postal Service may not—
(1) establish any rule or regulation (including any standard) the effect of which is to preclude competition or establish the terms of competition unless the Postal Service demonstrates that the regulation does not create an unfair competitive advantage for itself or any entity funded (in whole or in part) by the Postal Service;
(2) compel the disclosure, transfer, or licensing of intellectual property to any third party (such as patents, copyrights, trademarks, trade secrets, and proprietary information); or
(3) obtain information from a person that provides (or seeks to provide) any product, and then offer any postal service that uses or is based in whole or in part on such information, without the consent of the person providing that information, unless substantially the same information is obtained (or obtainable) from an independent source or is otherwise obtained (or obtainable).
(b) The Postal Regulatory Commission shall prescribe regulations to carry out this section.
(c) Any party (including an officer of the Commission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662.
(Added Pub. L. 109–435, title IV, § 403(a), Dec. 20, 2006, 120 Stat. 3226.)
39 U.S.C. § 405 (POSTAL SERVICE)
§ 405. Printing of illustrations of United States postage stamps
(a) When requested by the Postal Service, the Public Printer shall print, as a public document for sale by the Superintendent of Documents, illustrations in black and white or in color of postage stamps of the United States, together with such descriptive, historical, and philatelic information with regard to the stamps as the Postal Service deems suitable.
(b) Notwithstanding the provisions of section 505 of title 44, stereotype or electrotype plates, or duplicates thereof, used in the publications authorized to be printed by this section may not be sold or otherwise disposed of.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 724.)
heading: Effective Date
text: Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 406 (POSTAL SERVICE)
§ 406. Postal services at Armed Forces installations
(a) The Postal Service may establish branch post offices at camps, posts, bases, or stations of the Armed Forces and at defense or other strategic installations.
(b) The Secretaries of Defense and Transportation shall make arrangements with the Postal Service to perform postal services through personnel designated by them at or through branch post offices established under subsection (a) of this section.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 724.)
heading: Effective Date
text: Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.
39 U.S.C. § 408 (POSTAL SERVICE)
§ 408. International money-order exchanges
The Postal Service may make arrangements with other governments, with which postal conventions are or may be concluded, for the exchange of sums of money by means of postal orders. It shall fix limitations on the amount which may be so exchanged and the rates of exchange.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 725.)
heading: Effective Date
text: Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.