dreamproit/uscode huggingface dataset:
38 U.S.C. § 2102B (VETERANS’ BENEFITS)
§ 2102B. Adaptations to residences of veterans in rehabilitation programs
(a) In General.—
Subject to subsections (b) and (c), the Secretary may assist a veteran who is entitled to services and assistance under chapter 31 of this title and is pursuing a rehabilitation program under such chapter in acquiring such adaptations to such veteran’s residence as are determined necessary by the Secretary to accomplish the purposes of such rehabilitation program.
(b) Amount.—
(1) The aggregate amount of assistance available to a veteran under subsection (a) may not exceed $77,307. The Secretary may waive this limitation for a veteran if the Secretary determines a waiver is necessary for the rehabilitation program of the veteran.
(2) Effective on October 1 of each year (beginning in 2017), the Secretary shall increase the amount described in paragraph (1) by the percentage calculated under section 2102(e)(2) of this title.
(3) Beginning on October 1, 2019, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a biennial report on the use of the waiver authority under paragraph (1).
(c) Regulations.—
The Secretary shall prescribe such regulations as may be necessary to carry out this section.
(d) Rehabilitation Program Defined.—
In this section, the term “rehabilitation program” has the meaning given such term in section 3101 of this title.
(Added Pub. L. 115–177, § 1(a), June 1, 2018, 132 Stat. 1376.)
heading: Regulations
text: Pub. L. 115–177, § 1(b), June 1, 2018, 132 Stat. 1376, provided that: “The Secretary may provide assistance under section 2102B of such title [meaning title 38, United States Code], as added by subsection (a), in advance of regulations by issuing notice specifying the criteria for the application, approval, and oversight processes relating to the provision of assistance under such section.”
38 U.S.C. § 2104 (VETERANS’ BENEFITS)
§ 2104. Benefits additional to benefits under other laws
(a) Any individual who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title.
(b) An individual eligible for assistance under section 2101(b) of this title shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under section 2101(a) of this title or benefits relating to home health services under section 1717(a)(2) of this title.
(c) The Secretary may not provide assistance to a veteran under this chapter if the Secretary determines such assistance would result in a duplication of benefits under this title to the veteran.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804; Pub. L. 96–385, title III, § 301(c), Oct. 7, 1980, 94 Stat. 1531; renumbered § 2104 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–262, title I, § 101(e)(2), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 110–289, div. B, title VI, § 2602(b)(5), July 30, 2008, 122 Stat. 2859; Pub. L. 115–177, § 1(c)(3), June 1, 2018, 132 Stat. 1377.)
heading: Prior Provisions
text: Prior section 2104, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to time limitations, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–177, § 1(c)(3)(A), struck out “; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once” before period at end.
Subsec. (b). Pub. L. 115–177, § 1(c)(3)(B), struck out “However, no particular type of adaptation, improvement, or structural alteration provided to an individual under section 1717(a)(2) of this title may be provided to such individual under section 2101(b) of this title.” at end.
Subsec. (c). Pub. L. 115–177, § 1(c)(3)(C), added subsec. (c).
2008—Subsec. (a). Pub. L. 110–289, § 2602(b)(5)(A), substituted “individual” for “veteran” in two places.
Subsec. (b). Pub. L. 110–289, § 2602(b)(5)(B), substituted “An individual” for “A veteran” and “an individual” for “a veteran” and substituted “such individual” for “such veteran” in two places.
1996—Subsec. (b). Pub. L. 104–275 substituted “section 1717(a)(2)” for “section 1712(a)” in two places.
1991—Pub. L. 102–83, § 5(a), renumbered section 804 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “2101” for “801”.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “2101(b)” for “801(b)” in two places, “2101(a)” for “801(a)”, and “1712(a)” for “612(a)” in two places.
1980—Pub. L. 96–385 designated existing provisions as subsec. (a), substituted “except as provided in subsection (b) of this section, the assistance authorized by section 801 of this title” for “the assistance authorized by this chapter”, and added subsec. (b).
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.
42 U.S.C. § 285a–11b (THE PUBLIC HEALTH AND WELFARE)
§ 285a–11b. Best practices for long-term follow-up services for pediatric cancer survivors
The Secretary of Health and Human Services may facilitate the identification of best practices for childhood and adolescent cancer survivorship care, and, as appropriate, may consult with individuals who have expertise in late effects of disease and treatment of childhood and adolescent cancers, which may include—
(1) oncologists, which may include pediatric oncologists;
(2) primary care providers engaged in survivorship care;
(3) survivors of childhood and adolescent cancer;
(4) parents of children and adolescents who have been diagnosed with and treated for cancer and parents of long-term survivors;
(5) nurses and social workers;
(6) mental health professionals;
(7) allied health professionals, including physical therapists and occupational therapists; and
(8) others, as the Secretary determines appropriate.
(Pub. L. 115–180, title II, § 203, June 5, 2018, 132 Stat. 1389.)
heading: Codification
text: Section was enacted as part of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018, also known as the Childhood Cancer STAR Act, and not as part of the Public Health Service Act which comprises this chapter.
38 U.S.C. § 726 (VETERANS’ BENEFITS)
§ 726. Annual report on performance awards and bonuses awarded to certain high-level employees
(a) In General.—
Not later than 100 days after the end of each fiscal year, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the most recent fiscal year ending before the submittal of the report, a description of all performance awards or bonuses awarded to each of the following:
(1) Regional Office Director of the Department.
(2) Director of a Medical Center of the Department.
(3) Director of a Veterans Integrated Service Network.
(4) Senior executive of the Department.
(b) Elements.—
Each report submitted under subsection (a) shall include the following with respect to each performance award or bonus awarded to an individual described in such subsection:
(1) The amount of each award or bonus.
(2) The job title of the individual awarded the award or bonus.
(3) The location where the individual awarded the award or bonus works.
(c) Definitions.—
In this section:
(1) The term “appropriate committees of Congress” means the Committees on Veterans’ Affairs and Appropriations of the Senate and House of Representatives.
(2) The term “senior executive” means—
(A) a career appointee; or
(B) an individual—
(i) in an administrative or executive position; and
(ii) appointed under section 7306(a) or section 7401(1) of this title.
(3) The term “career appointee” has the meaning given that term in section 3132(a) of title 5, United States Code.
(Added Pub. L. 115–182, title V, § 501(a), June 6, 2018, 132 Stat. 1474.)
heading: Codification
text: Section 501(a) of Pub. L. 115–182, which directed that this section be added at the end of this chapter, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress.
38 U.S.C. § 1730B (VETERANS’ BENEFITS)
§ 1730B. Access to State prescription drug monitoring programs
(a) Access to Programs.—
(1) Any licensed health care provider or delegate of such a provider shall be considered an authorized recipient or user for the purpose of querying and receiving data from the national network of State-based prescription drug monitoring programs to support the safe and effective prescribing of controlled substances to covered patients.
(2) Under the authority granted by paragraph (1)—
(A) licensed health care providers or delegates of such providers shall query such network in accordance with applicable regulations and policies of the Veterans Health Administration; and
(B) notwithstanding any general or specific provision of law, rule, or regulation of a State, no State may restrict the access of licensed health care providers or delegates of such providers from accessing that State’s prescription drug monitoring programs.
(3) No State shall deny or revoke the license, registration, or certification of a licensed health care provider or delegate who otherwise meets that State’s qualifications for holding the license, registration, or certification on the basis that the licensed health care provider or delegate queried or received data, or attempted to query or receive data, from the national network of State-based prescription drug monitoring programs under this section.
(b) Covered Patients.—
For purposes of this section, a covered patient is a patient who—
(1) receives a prescription for a controlled substance; and
(2) is not receiving palliative care or enrolled in hospice care.
(c) Definitions.—
In this section:
(1) The term “controlled substance” has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
(2) The term “delegate” means a person or automated system accessing the national network of State-based prescription monitoring programs at the direction or under the supervision of a licensed health care provider.
(3) The term “licensed health care provider” means a health care provider employed by the Department who is licensed, certified, or registered within any State to fill or prescribe medications within the scope of his or her practice as a Department employee.
(4) The term “national network of State-based prescription monitoring programs” means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.
(5) The term “State” means a State, as defined in section 101(20) of this title, or a political subdivision of a State.
(Added Pub. L. 115–182, title I, § 134(a), June 6, 2018, 132 Stat. 1428.)
38 U.S.C. § 1730C (VETERANS’ BENEFITS)
§ 1730C. Licensure of health care professionals providing treatment via telemedicine
(a) In General.—
Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State, regardless of where the covered health care professional or the patient is located, if the covered health care professional is using telemedicine to provide treatment to an individual under this chapter.
(b) Covered Health Care Professionals.—
For purposes of this section, a covered health care professional is any health care professional who—
(1) is an employee of the Department appointed under the authority under section 7306, 7401, 7405, 7406, or 7408 of this title or title 5;
(2) is authorized by the Secretary to provide health care under this chapter;
(3) is required to adhere to all standards for quality relating to the provision of medicine in accordance with applicable policies of the Department; and
(4) has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional.
(c) Property of Federal Government.—
Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether the covered health care professional or patient is located in a facility owned by the Federal Government during such treatment.
(d) Relation to State Law.—
(1) The provisions of this section shall supersede any provisions of the law of any State to the extent that such provision of State law are inconsistent with this section.
(2) No State shall deny or revoke the license, registration, or certification of a covered health care professional who otherwise meets the qualifications of the State for holding the license, registration, or certification on the basis that the covered health care professional has engaged or intends to engage in activity covered by subsection (a).
(e) Rule of Construction.—
Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.).
(f) State Defined.—
In this section, the term “State” means a State, as defined in section 101(20) of this title, or a political subdivision of a State.
(Added Pub. L. 115–182, title I, § 151(a), June 6, 2018, 132 Stat. 1430.)
heading: References in Text
text: The Controlled Substances Act, referred to in subsec. (e), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
38 U.S.C. § 1788 (VETERANS’ BENEFITS)
§ 1788. Transplant procedures with live donors and related services
(a) In General.—
Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the Department.
(b) Other Services.—
Subject to the availability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such procedure.
(c) Use of Non-Department Facilities.—
In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this chapter. The live donor shall be deemed to be an individual eligible for hospital care and medical services at a non-Department facility pursuant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility.
(Added Pub. L. 115–182, title I, § 153(a), June 6, 2018, 132 Stat. 1437.)
38 U.S.C. § 7413 (VETERANS’ BENEFITS)
§ 7413. Treatment of podiatrists; clinical oversight standards
(a) Podiatrists.—
Except as provided by subsection (b), a doctor of podiatric medicine who is appointed as a podiatrist under section 7401(1) of this title is eligible for any supervisory position in the Veterans Health Administration to the same degree that a physician appointed under such section is eligible for the position.
(b) Establishment of Clinical Oversight Standards.—
The Secretary, in consultation with appropriate stakeholders, shall establish standards to ensure that specialists appointed in the Veterans Health Administration to supervisory positions do not provide direct clinical oversight for purposes of peer review or practice evaluation for providers of other clinical specialties.
(Added Pub. L. 115–182, title V, § 502(a)(1), June 6, 2018, 132 Stat. 1475.)
heading: Codification
text: Section 502(a)(1) of Pub. L. 115–182, which directed that this section be added at the end of subchapter I of chapter 74, without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress.
38 U.S.C. § 7619 (VETERANS’ BENEFITS)
§ 7619. Expiration of program
The Secretary may not furnish scholarships to new participants in the Scholarship Program after December 31, 2033.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 525, § 4318; renumbered § 7618, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–585, title V, § 523(a), Nov. 4, 1992, 106 Stat. 4959; Pub. L. 104–110, title I, § 101(j), Feb. 13, 1996, 110 Stat. 769; Pub. L. 105–114, title II, § 207(a), Nov. 21, 1997, 111 Stat. 2289; renumbered § 7619 and amended Pub. L. 111–163, title VI, § 603(a), (c)(1), May 5, 2010, 124 Stat. 1173; Pub. L. 113–146, title III, § 302(a), Aug. 7, 2014, 128 Stat. 1788; Pub. L. 115–182, title III, § 301(c), June 6, 2018, 132 Stat. 1463.)
heading: Amendments
text: 2018—Pub. L. 115–182 substituted “December 31, 2033” for “December 31, 2019”.
2014—Pub. L. 113–146 substituted “December 31, 2019” for “December 31, 2014”.
2010—Pub. L. 111–163, § 603(c)(1), renumbered section 7618 of this title as this section.
Pub. L. 111–163, § 603(a), substituted “December 31, 2014” for “December 31, 1998”.
1997—Pub. L. 105–114 substituted “December 31, 1998” for “December 31, 1997”.
1996—Pub. L. 104–110 substituted “December 31, 1997” for “December 31, 1995”.
1992—Pub. L. 102–585 substituted “December 31, 1995” for “September 30, 1992”.
1991—Pub. L. 102–40 renumbered section 4318 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
heading: Ratification of Actions During Period of Expired Authority
text: Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.
38 U.S.C. § 7691 (VETERANS’ BENEFITS)
§ 7691. Establishment
As part of the Educational Assistance Program, the Secretary may carry out a student loan repayment program under section 5379 of title 5. The program shall be known as the Department of Veterans Affairs Specialty Education Loan Repayment Program (in this chapter referred to as the “Specialty Education Loan Repayment Program”).
(Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1464.)
heading: Offer Deadline
text: Pub. L. 115–182, title III, § 303(e), June 6, 2018, 132 Stat. 1467, provided that:
“In the case of an applicant who applies before receiving a residency match and whom the Secretary of Veterans Affairs selects for participation in the Specialty Education Loan Repayment Program established by subsection (a), the Secretary shall offer participation to the applicant not later than 28 days after—
“(1) the applicant matches with a residency in a medical specialty described in section 7692 of title 38, United States Code, as enacted by subsection (a); and
“(2) such match is published.”
heading: Publicity
text: Pub. L. 115–182, title III, § 303(f), June 6, 2018, 132 Stat. 1467, provided that: “The Secretary of Veterans Affairs shall take such steps as the Secretary determines are appropriate to publicize the Specialty Education Loan Repayment Program established under subchapter VIII of chapter 76 of title 38, United States Code, as enacted by subsection (a).”
38 U.S.C. § 7692 (VETERANS’ BENEFITS)
§ 7692. Purpose
The purpose of the Specialty Education Loan Repayment Program is to assist, through the establishment of an incentive program for certain individuals employed in the Veterans Health Administration, in meeting the staffing needs of the Veterans Health Administration for physicians in medical specialties for which the Secretary determines recruitment or retention of qualified personnel is difficult.
(Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1464.)
heading: Needs of the VHA
text: Pub. L. 115–182, title III, § 303(c), June 6, 2018, 132 Stat. 1467, provided that: “In making determinations each year under section 7692 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall consider the anticipated needs of the Veterans Health Administration during the period 2 to 6 years in the future.”
38 U.S.C. § 7693 (VETERANS’ BENEFITS)
§ 7693. Eligibility; preferences; covered costs
(a) Eligibility.—
An individual is eligible to participate in the Specialty Education Loan Repayment Program if the individual—
(1) is hired under section 7401 of this title to work in an occupation described in section 7692 of this title;
(2) owes any amount of principal or interest under a loan, the proceeds of which were used by or on behalf of that individual to pay costs relating to a course of education or training which led to a degree that qualified the individual for the position referred to in paragraph (1); and
(3) is—
(A) recently graduated from an accredited medical or osteopathic school and matched to an accredited residency program in a medical specialty described in section 7692 of this title; or
(B) a physician in training in a medical specialty described in section 7692 of this title with more than 2 years remaining in such training.
(b) Preferences.—
In selecting individuals for participation in the Specialty Education Loan Repayment Program under this subchapter, the Secretary may give preference to the following:
(1) Individuals who are, or will be, participating in residency programs in health care facilities—
(A) located in rural areas;
(B) operated by Indian tribes, tribal organizations, or the Indian Health Service; or
(C) affiliated with underserved health care facilities of the Department.
(2) Veterans.
(c) Covered Costs.—
For purposes of subsection (a)(2), costs relating to a course of education or training include—
(1) tuition expenses;
(2) all other reasonable educational expenses, including expenses for fees, books, equipment, and laboratory expenses; and
(3) reasonable living expenses.
(Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1464.)
heading: Preference
text: Pub. L. 115–182, title III, § 303(d), June 6, 2018, 132 Stat. 1467, provided that: “In granting preference under section 7693 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall determine whether a facility of the Department is underserved based on the criteria developed under section 401 of this Act [38 U.S.C. 8110 note].”