dreamproit/uscode huggingface dataset:
42 U.S.C. § 17941 (THE PUBLIC HEALTH AND WELFARE)
§ 17941. Recognition of security practices
(a) In general
Consistent with the authority of the Secretary under sections 1320d–5 and 1320d–6 of this title, when making determinations relating to fines under such section 1320d–5 (as amended by section 13410 of Pub. L. 111–5) or such section 1320d–6, decreasing the length and extent of an audit under section 17940 of this title, or remedies otherwise agreed to by the Secretary, the Secretary shall consider whether the covered entity or business associate has adequately demonstrated that it had, for not less than the previous 12 months, recognized security practices in place that may—
(1) mitigate fines under section 1320d–5 of this title (as amended by section 13410 of Pub. L. 111–5);
(2) result in the early, favorable termination of an audit under section 17940 of this title; and
(3) mitigate the remedies that would otherwise be agreed to in any agreement with respect to resolving potential violations of the HIPAA Security rule (part 160 of title 45 Code of Federal Regulations and subparts A and C of part 164 of such title) between the covered entity or business associate and the Department of Health and Human Services.
(b) Definition and miscellaneous provisions
(1) Recognized security practices
The term “recognized security practices” means the standards, guidelines, best practices, methodologies, procedures, and processes developed under section 272(c)(15) of title 15, the approaches promulgated under section 1533(d) of title 6, and other programs and processes that address cybersecurity and that are developed, recognized, or promulgated through regulations under other statutory authorities. Such practices shall be determined by the covered entity or business associate, consistent with the HIPAA Security rule (part 160 of title 45 Code of Federal Regulations and subparts A and C of part 164 of such title).
(2) Limitation
Nothing in this section shall be construed as providing the Secretary authority to increase fines under section 1320d–5 of this title (as amended by section 13410 of Pub. L. 111–5), or the length, extent or quantity of audits under section 17940 of this title, due to a lack of compliance with the recognized security practices.
(3) No liability for nonparticipation
Subject to paragraph (4), nothing in this section shall be construed to subject a covered entity or business associate to liability for electing not to engage in the recognized security practices defined by this section.
(4) Rule of construction
Nothing in this section shall be construed to limit the Secretary’s authority to enforce the HIPAA Security rule (part 160 of title 45 Code of Federal Regulations and subparts A and C of part 164 of such title), or to supersede or conflict with an entity or business associate’s obligations under the HIPAA Security rule.
(Pub. L. 111–5, div. A, title XIII, § 13412, as added Pub. L. 116–321, § 1, Jan. 5, 2021, 134 Stat. 5072.)
43 U.S.C. § 3101 (PUBLIC LANDS)
§ 3101. Definitions
In this chapter:
(1) 3D
The term “3D” means 3-dimensional.
(2) 3D elevation data
(A) In general
The term “3D elevation data” means 3D, high-resolution data obtained using LiDAR, IfSAR, or other methods over the United States (including territories).
(B) Inclusions
The term “3D elevation data” includes terrestrial and bathymetric elevation data.
(3) 3D elevation program
The term “3D Elevation Program” means the 3D Elevation Program established under section 3104(a) of this title.
(4) IfSAR
The term “IfSAR” means interferometric synthetic aperture radar.
(5) Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(6) Lahar
The term “lahar” means a large debris flow of mostly volcanic material that is—
(A) often fast-moving; and
(B) a hazard in watersheds downstream of volcanic peaks.
(7) LiDAR
The term “LiDAR” means light detection and ranging.
(8) Secretary
The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
(9) State
The term “State” means—
(A) a State; and
(B) the District of Columbia.
(10) State office
The term “State office” means any unit of State government that handles the identification, mapping, assessment, and research of landslide hazards or responding to landslide events, including—
(A) a State geological survey office;
(B) a State department of emergency response; and
(C) a State department of transportation.
(11) Territory
The term “territory” means—
(A) the Commonwealth of Puerto Rico;
(B) Guam;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana Islands;
(E) the Federated States of Micronesia;
(F) the Republic of the Marshall Islands;
(G) the Republic of Palau; and
(H) the United States Virgin Islands.
(Pub. L. 116–323, § 2, Jan. 5, 2021, 134 Stat. 5075.)
heading: Short Title
text: Pub. L. 116–323, § 1, Jan. 5, 2021, 134 Stat. 5075, provided that: “This Act [enacting this chapter] may be cited as the ‘National Landslide Preparedness Act’.”
43 U.S.C. § 3103 (PUBLIC LANDS)
§ 3103. Ground subsidence
As the Secretary determines to be appropriate and subject to appropriations, the Secretary, through existing programs, shall advance the identification, mapping, research, and monitoring of subsidence and groundwater resource accounting, particularly in areas affected by drought.
(Pub. L. 116–323, § 4, Jan. 5, 2021, 134 Stat. 5081.)
38 U.S.C. § 515 (VETERANS’ BENEFITS)
§ 515. Administrative settlement of tort claims
(a)
(1) Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States.
(2) For purposes of this subsection, the term “settle”, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.
(b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in sections 224 and 236 of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Statutory Notes and Related Subsidiaries
heading: Department of Veterans Affairs Requirement To Provide Certain Notice to Persons Filing Claims for Damage, Injury, or Death on Standard Form 95
text: Pub. L. 116–315, title VII, § 7010, Jan. 5, 2021, 134 Stat. 5061, provided that:
“Not later than 90 days after the date on which a person submits to the Secretary of Veterans Affairs a claim for damage, injury, or death on Standard Form 95, or any successor form, the Secretary shall provide to such person notice of each of the following:
“(1) The benefit of obtaining legal advice concerning such claim.
“(2) The employment status of any individual listed on the form.
“(3) If the claim involves a contractor that entered into an agreement with the Secretary, the importance of obtaining legal advice as to the statute of limitations regarding the claim in the State in which the claim arose.”
38 U.S.C. § 1164 (VETERANS’ BENEFITS)
§ 1164.1 Specialized teams to evaluate claims involving military sexual trauma
(a) In General.—
The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, or air service.
(b) Training.—
The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma.
(c) Definitions.—
In this section:
(1) The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma.
(2) The term “military sexual trauma” means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, or air service.
(Added Pub. L. 116–315, title V, § 5501(a)(1), Jan. 5, 2021, 134 Stat. 5048.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 116–315, § 5501(a)(1), which added this section at the end of subchapter VI of chapter 11 of “such title” without specifying the title to be amended, was added at the end of subchapter VI of chapter 11 of this title to reflect the probable intent of Congress.
38 U.S.C. § 1165 (VETERANS’ BENEFITS)
§ 1165. Choice of sex of medical examiner for certain disabilities
(a) In General.—
The Secretary shall ensure that a veteran who requires a medical examination from a covered medical provider in support of a claim for compensation under this chapter for a mental or physical health condition that resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment may designate the sex of the medical provider who provides such medical examination.
(b) Covered Medical Providers.—
For purposes of this section, a covered medical provider is any medical provider who is employed by the Department or is under any contract with the Department to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim.
(c) Notice.—
Before providing any medical examination for a veteran in support for a claim described in subsection (a), the Secretary shall notify the veteran of the veteran’s rights under subsection (a).
(Added Pub. L. 116–315, title V, § 5502(a), Jan. 5, 2021, 134 Stat. 5050.)
38 U.S.C. § 1730A (VETERANS’ BENEFITS)
§ 1730A. Prohibition on collection of copayments from catastrophically disabled veterans
Notwithstanding subsections (f) and (g) of section 1710 and section 1722A(a) of this title or any other provision of law, the Secretary may not require a veteran who is catastrophically disabled, as defined by the Secretary, to make any copayment for the receipt of hospital care or medical services under the laws administered by the Secretary.
(Added Pub. L. 111–163, title V, § 511(a), May 5, 2010, 124 Stat. 1164; amended Pub. L. 116–315, title III, § 3002(a), Jan. 5, 2021, 134 Stat. 4990.)
heading: Amendment of Section
text: Pub. L. 116–315, title III, § 3002(a), (c), Jan. 5, 2021, 134 Stat. 4990, 4991, provided that, effective one year after Jan. 5, 2021, this section is amended as follows:
(1) in the section catchline, by striking “catastrophically disabled” and inserting “certain”;
(2) by inserting “(a) Prohibition.—” before “Notwithstanding”;
(3) by striking “a veteran who is catastrophically disabled, as defined by the Secretary,” and inserting “a covered veteran”; and
(4) by adding at the end the following new subsection:
(b) Covered Veteran Defined.—In this section, the term “covered veteran” means a veteran who—
(1) is catastrophically disabled, as defined by the Secretary; or
(2) is an Indian or urban Indian (as those terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)).
See 2021 Amendment note below.
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–315 substituted “certain” for “catastrophically disabled” in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “a covered veteran” for “a veteran who is catastrophically disabled, as defined by the Secretary,”, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Pub. L. 116–315, title III, § 3002(c), Jan. 5, 2021, 134 Stat. 4991, provided that: “The amendments made by this section [amending this section] shall take effect on the day that is one year after the date of the enactment of this Act [Jan. 5, 2021].”
38 U.S.C. § 3673A (VETERANS’ BENEFITS)
§ 3673A. Risk-based surveys
(a) Development Required.—
The Secretary, in partnership with State approving agencies, shall develop a searchable risk-based survey for oversight of educational institutions with courses and programs of education approved under this chapter.
(b) Scope.—
(1) The scope of the risk-based survey developed under subsection (a) shall be determined by the Secretary, in partnership with the State approving agency.
(2) At a minimum the scope determined under paragraph (1) shall include the following:
(A) Rapid increase in veteran enrollment.
(B) Rapid increase in tuition and fees.
(C) Complaints tracked and published with the mechanism required by section 3698(b)(2) from students pursuing programs of education with educational assistance furnished under laws administered by the Secretary, based on severity or volume of the complaints.
(D) Compliance with section 3680A(d)(1) of this title.
(E) Veteran completion rates.
(F) Indicators of financial stability.
(G) Review of the advertising and recruiting practices of the educational institution, including those by third-party contractors of the educational institution.
(H) Matters for which the Federal Government or a State Government brings an action in a court of competent jurisdiction against an educational institution, including matters in cases in which the Federal Government or the State comes to a settled agreement on such matters outside of the court.
(c) Database.—
The Secretary, in partnership with the State approving agencies under this chapter, shall establish a database or use an existing system, as the Secretary considers appropriate, to serve as a central repository for information required for or collected during site visits for the risk-based survey developed under subsection (a), so as to improve future oversight of educational institutions with programs of education approved under this chapter.
(Added Pub. L. 116–315, title I, § 1013(a)(1), Jan. 5, 2021, 134 Stat. 4942.)
heading: Editorial Notes
heading: Codification
text: Section 1013(a)(1) of Pub. L. 116–315, which directed that “Subchapter I of chapter 36, United States Code” be amended by inserting this section after section 3673 without specifying the Code title to be amended, was executed by inserting this section after section 3673 of this title, to reflect the probable intent of Congress.
38 U.S.C. § 3699B (VETERANS’ BENEFITS)
§ 3699B. Treatment of certain for-profit educational institutions
(a) In General.—
In the case of any for-profit educational institution that is converted to a nonprofit educational institution, the State approving agency or the Secretary when acting as a State approving agency shall conduct annual risk-based surveys of the institution during the three-year period beginning on the date on which the educational institution is so converted.
(b) Risk-based Survey Defined.—
In this section, the term “risk-based survey” means the risk-based survey developed under section 3673A of this title.
(Added Pub. L. 116–315, title I, § 1022(a), Jan. 5, 2021, 134 Stat. 4959.)
heading: Effective Date
text: Pub. L. 116–315, title I, § 1022(c), Jan. 5, 2021, 134 Stat. 4959, provided that: “Section 3699B of title 38, United States Code, as added by subsection (a), shall apply with respect to the conversion of a for-profit educational institution to a nonprofit educational institution that occurs on or after the date of the enactment of this Act [Jan. 5, 2021].”
38 U.S.C. § 5320 (VETERANS’ BENEFITS)
§ 5320. Threshold for reporting debts to consumer reporting agencies
The Secretary shall prescribe regulations that establish the minimum amount of a claim or debt, arising from a benefit administered by the Under Secretary for Benefits or Under Secretary for Health, that the Secretary will report to a consumer reporting agency under section 3711 of title 31.
(Added Pub. L. 116–315, title II, § 2007(a), Jan. 5, 2021, 134 Stat. 4977.)
heading: Statutory Notes and Related Subsidiaries
heading: Deadline
text: Pub. L. 116–315, title II, § 2007(c), Jan. 5, 2021, 134 Stat. 4977, provided that: “The Secretary of Veterans Affairs shall prescribe regulations under section 5320 of such title [title 38], as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021].”
38 U.S.C. § 8129 (VETERANS’ BENEFITS)
§ 8129. Preference for offerors employing veterans
(a) Preference.—
(1) In awarding a contract for the procurement of goods or services, the Secretary may give a preference to offerors that employ veterans on a full-time basis.
(2) The Secretary shall determine such preference based on the percentage of the full-time employees of the offeror who are veterans.
(b) Enforcement Penalties for Misrepresentation.—
(1) Any offeror that is determined by the Secretary to have willfully and intentionally misrepresented the veteran status of the employees of the offeror for purposes of subsection (a) may be debarred from contracting with the Department for a period of not less than five years.
(2) If the Secretary carries out a debarment under paragraph (1), the Secretary shall—
(A) commence debarment action against the offeror by not later than 30 days after determining that the offeror willfully and intentionally misrepresented the veteran status of the employees of the offeror as described in paragraph (1); and
(B) complete debarment actions against such offeror by not later than 90 days after such determination.
(3) The debarment of an offeror under paragraph (1) includes the debarment of all principals in the offeror for a period of not less than five years.
(Added Pub. L. 116–315, title VII, § 7003(a), Jan. 5, 2021, 134 Stat. 5058.)
38 U.S.C. § 8132 (VETERANS’ BENEFITS)
§ 8132. Declaration of purpose
The purpose of this subchapter is to assist the States to construct State home facilities (or to acquire facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans, and to expand, remodel, or alter existing buildings for furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes.
(Added Pub. L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5032; amended Pub. L. 94–581, title II, § 206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95–62, § 3(3), July 5, 1977, 91 Stat. 262; Pub. L. 98–528, title I, § 105(1), Oct. 19, 1984, 98 Stat. 2689; renumbered § 8132, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 104–262, title III, § 342(b)(2), Oct. 9, 1996, 110 Stat. 3206; Pub. L. 116–315, title III, § 3004(c)(2), Jan. 5, 2021, 134 Stat. 4992.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–315 struck out “several” before “States”.
1996—Pub. L. 104–262 inserted “adult day health,” before “or hospital care”.
1991—Pub. L. 102–40 renumbered section 5032 of this title as this section.
1984—Pub. L. 98–528 inserted “(or to acquire facilities to be used as State home facilities) after “State home facilities”.
1977—Pub. L. 95–62 inserted references to the construction of State home facilities for furnishing of domiciliary care and to the expansion, remodeling, and alteration of existing buildings for furnishing domiciliary, nursing home, or hospital care to veterans in State homes.
1976—Pub. L. 94–581 substituted “veterans” for “war veterans”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1977 Amendment
text: Amendment by Pub. L. 95–62 effective Oct. 1, 1977, with provision for the continuing force and effect of the terms and conditions of grants made prior to Oct. 1, 1977, under former section 644 of this title and with additional provision for the modification of the terms and conditions of both grants made under former section 644 of this title prior to Oct. 1, 1977, and of grants made under this subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95–62, set out as a note under section 8131 of this title.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
50 U.S.C. § 3810 (WAR AND NATIONAL DEFENSE)
§ 3810. Emergency medical care
Under such rules and regulations as may be prescribed by the President, funds available to carry out the provisions of this chapter shall also be available for the payment of actual and reasonable expenses of emergency medical care, including hospitalization, of registrants who suffer illness or injury, and the transportation and burial of the remains of registrants who suffer death, while acting under orders issued under the provisions of this chapter, but such burial expenses shall not exceed the maximum that the Secretary of Veterans Affairs may pay under the provisions of section 2302(a) of title 38 in any one case.
(June 24, 1948, ch. 625, title I, § 11, 62 Stat. 621; Pub. L. 92–129, title I, § 101(a)(30), Sept. 28, 1971, 85 Stat. 352; Pub. L. 102–54, § 13(t), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–315, title II, § 2202(b)(2), Jan. 5, 2021, 134 Stat. 4985.)
heading: Amendment of Section
text: Pub. L. 116–315, § 2202(b)(2), (d), Jan. 5, 2021, 134 Stat. 4985, provided that, applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, this section is amended by substituting “section 2303 of title 38, United States Code, regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section” for “section 2302(a) of title 38”. See 2021 Amendment note below.
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 461 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2021—Pub. L. 116–315 substituted “section 2303 of title 38, United States Code, regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section” for “section 2302(a) of title 38”.
1991—Pub. L. 102–83 substituted “section 2302(a) of title 38” for “section 902(a) of title 38”.
Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
1971—Pub. L. 92–129 substituted “the maximum that the Administrator of Veterans’ Affairs may pay under the provisions of section 902(a) of title 38” for “$150”.
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–315 applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as a note under section 113 of Title 38, Veterans’ Benefits.