dreamproit/uscode huggingface dataset:
33 U.S.C. § 3041 (NAVIGATION AND NAVIGABLE WATERS)
§ 3041. Involuntary retirement or separation
(a) Transfer of officers to retired list; separation from service
As recommended by a personnel board convened under section 3022 of this title—
(1) an officer in the permanent grade of captain or commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.
(b) Computations
In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.
(c) Effective date of retirements and separations
A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.
(d) Deferment of retirement or separation for medical reasons
(1) In general
If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer.
(2) Consent required
A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled.
(3) Limitation
A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.
(Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 401, Dec. 23, 2020, 134 Stat. 1177.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853g of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
33 U.S.C. § 3042 (NAVIGATION AND NAVIGABLE WATERS)
§ 3042. Separation pay
(a) Authorization of payment
An officer who is separated under section 3041(a)(2) of this title and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary determines that the conditions under which the officer is separated do not warrant payment of that pay.
(b) Amount of separation pay
(1) Six or more years
In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is 10 percent of the product of—
(A) the years of active service creditable to the officer; and
(B) 12 times the monthly basic pay to which the officer was entitled at the time of separation.
(2) Three to six years
In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1).
(c) Other conditions, requirements, and administrative provisions
The provisions of subsections (f), (g), and (h) of section 1174 of title 10 shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section.
(d) Exception
An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer—
(1) expresses a desire not to be selected for promotion; or
(2) requests removal from the list of selectees.
(Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 402, Dec. 23, 2020, 134 Stat. 1178.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107–372.
heading: Amendments
text: 2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
33 U.S.C. § 3071a (NAVIGATION AND NAVIGABLE WATERS)
§ 3071a. Applicability of certain provisions of title 37
The provisions of law applicable to the Armed Forces under the following provisions of title 37 shall apply to the commissioned officer corps of the Administration:
(1) Section 403(l), relating to temporary continuation of housing allowance for dependents of members dying on active duty.
(2) Section 415, relating to initial uniform allowances.
(3) Section 488, relating to allowances for recruiting expenses.
(Pub. L. 107–372, title II, § 261A, as added Pub. L. 116–259, title II, § 206(a), Dec. 23, 2020, 134 Stat. 1167.)
33 U.S.C. § 3078 (NAVIGATION AND NAVIGABLE WATERS)
§ 3078. Interest payment program
(a) Authority
The Secretary may pay the interest and any special allowances that accrue on one or more student loans of an eligible officer, in accordance with this section.
(b) Eligible officers
An officer is eligible for the benefit described in subsection (a) while the officer—
(1) is serving on active duty;
(2) has not completed more than three years of service on active duty;
(3) is the debtor on one or more unpaid loans described in subsection (c); and
(4) is not in default on any such loan.
(c) Student loans
The authority to make payments under subsection (a) may be exercised with respect to the following loans:
(1) A loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.).
(2) A loan made under part D of such title (20 U.S.C. 1087a et seq.).
(3) A loan made under part E of such title (20 U.S.C. 1087aa et seq.).
(d) Maximum benefit
Interest and any special allowance may be paid on behalf of an officer under this section for any of the 36 consecutive months during which the officer is eligible under subsection (b).
(e) Coordination with Secretary of Education
(1) In general
The Secretary shall consult with the Secretary of Education regarding the administration of this section.
(2) Reimbursement authorized
The Secretary is authorized to reimburse the Secretary of Education—
(A) for the funds necessary to pay interest and special allowances on student loans under this section (in accordance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
(B) for any reasonable administrative costs incurred by the Secretary of Education in coordinating the program under this section with the administration of the student loan programs under parts B, D, and E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
(f) Special allowance defined
In this section, the term ‘special allowance’ means a special allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087–1).
(Pub. L. 107–372, title II, § 268, as added Pub. L. 116–259, title II, § 202(a), Dec. 23, 2020, 134 Stat. 1162.)
heading: References in Text
text: The Higher Education Act of 1965, referred to in subsecs. (c) and (e)(2)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified generally to parts B (§ 1071 et seq.), D (§ 1087a et seq.), and E (§ 1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.
33 U.S.C. § 3079–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 3079–1. Limitation on educational assistance
(a) In general
Each fiscal year, beginning with the fiscal year in which this Act is enacted, the Secretary of Commerce shall ensure that the total amount expended by the Secretary under section 3077 of this title, section 3078 of this title, and section 3079 of this title does not exceed the amount by which—
(1) the total amount the Secretary would pay in that fiscal year to officer candidates under section 203(f)(1) of title 37, if such section entitled officer candidates to pay at monthly rates equal to the basic pay of a commissioned officer in the pay grade O–1 with less than 2 years of service, exceeds
(2) the total amount the Secretary actually pays in that fiscal year to officer candidates under section 203(f)(1) of such title.
(b) Officer candidate defined
In this section, the term “officer candidate” has the meaning given the term in paragraph (4) of section 3002(b) of this title.
(Pub. L. 116–259, title II, § 204, Dec. 23, 2020, 134 Stat. 1165.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 116–259, Dec. 23, 2020, 134 Stat. 1153, known as the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020. For complete classification of this Act to the Code, see Short Title of 2020 Amendment note set out under section 3001 of this title and Tables.
heading: Codification
text: Section was enacted as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020, and not as part of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 which comprises this chapter.
33 U.S.C. § 3079a (NAVIGATION AND NAVIGABLE WATERS)
§ 3079a. Treatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions
(a) In general
In any case in which the Secretary accepts an application for a position of employment with the Administration and limits consideration of applications for such position to applications submitted by individuals serving in a career or career-conditional position in the competitive service within the Administration, the Secretary shall deem an officer who has served as an officer in the commissioned officer corps of the Administration for at least three years to be serving in a career or career-conditional position in the competitive service within the Administration for purposes of such limitation.
(b) Career appointments
If the Secretary selects an application submitted by an officer described in subsection (a) for a position described in such subsection, the Secretary shall give such officer a career or career-conditional appointment in the competitive service, as appropriate.
(c) Competitive service defined
In this section, the term “competitive service” has the meaning given the term in section 2102 of title 5.
(Pub. L. 107–372, title II, § 269A, as added Pub. L. 116–259, title II, § 209(a), Dec. 23, 2020, 134 Stat. 1168.)
38 U.S.C. § 5104A (VETERANS’ BENEFITS)
§ 5104A. Binding nature of favorable findings
Any finding favorable to the claimant as described in section 5104(b)(4) of this title shall be binding on all subsequent adjudicators within the Department, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.
(Added Pub. L. 115–55, § 2(f)(1), Aug. 23, 2017, 131 Stat. 1107.)
heading: Effective Date
text: Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
38 U.S.C. § 5104B (VETERANS’ BENEFITS)
§ 5104B. Higher-level review by the agency of original jurisdiction
(a) In General.—
(1) A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction.
(2) The Secretary shall approve each request for review under paragraph (1).
(b) Time and Manner of Request.—
(1) A request for higher-level review by the agency of original jurisdiction shall be—
(A) in writing in such form as the Secretary may prescribe; and
(B) made within one year of the notice of the agency of original jurisdiction’s decision.
(2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.
(c) Decision.—
Notice of a higher-level review decision under this section shall be provided in writing and shall include a general statement—
(1) reflecting whether evidence was not considered pursuant to subsection (d); and
(2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.
(d) Evidentiary Record for Review.—
The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.
(e) De Novo Review.—
A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.
(Added Pub. L. 115–55, § 2(g)(1), Aug. 23, 2017, 131 Stat. 1107.)
heading: Effective Date
text: Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
38 U.S.C. § 5104C (VETERANS’ BENEFITS)
§ 5104C. Options following decision by agency of original jurisdiction
(a) Within One Year of Decision.—
(1) Subject to paragraph (2), in any case in which the Secretary renders a decision on a claim, the claimant may take any of the following actions on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision with respect to that claim:
(A) File a request for higher-level review under section 5104B of this title.
(B) File a supplemental claim under section 5108 of this title.
(C) File a notice of disagreement under section 7105 of this title.
(2)
(A) Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until—
(i) the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or
(ii) the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn.
(B) Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim.
(C) Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim.
(D) The Secretary may, as the Secretary considers appropriate, develop and implement a policy for claimants who—
(i) take an action under paragraph (1);
(ii) wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and
(iii) in lieu of such action take a different action under paragraph (1).
(b) More Than One Year After Decision.—
In any case in which the Secretary renders a decision on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with respect to that claim, the claimant may file a supplemental claim under section 5108 of this title.
(Added Pub. L. 115–55, § 2(h)(1), Aug. 23, 2017, 131 Stat. 1108.)
heading: Effective Date
text: Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
38 U.S.C. § 5108 (VETERANS’ BENEFITS)
§ 5108. Supplemental claims
(a) In General.—
If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record.
(b) Duty to Assist.—
(1) If a claimant, in connection with a supplemental claim, reasonably identifies existing records, whether or not in the custody of a Federal department or agency, the Secretary shall assist the claimant in obtaining the records in accordance with section 5103A of this title.
(2) Assistance under paragraph (1) shall not be predicated upon a finding that new and relevant evidence has been presented or secured.
(Added Pub. L. 100–687, div. A, title I, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, § 3008; renumbered § 5108, 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; Pub. L. 115–55, § 2(i)(1), Aug. 23, 2017, 131 Stat. 1109.)
heading: Amendments
text: 2017—Pub. L. 115–55 amended section generally. Prior to amendment, text read as follows: “If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.”
1991—Pub. L. 102–40 renumbered section 3008 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.
heading: Effective Date
text: Section effective Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as a note under section 7251 of this title.
heading: Construction of 2017 Amendment
text: Pub. L. 115–55, § 2(i)(2), Aug. 23, 2017, 131 Stat. 1109, provided that: “Section 5108 of such title [38 U.S.C. 5108], as amended by paragraph (1), shall not be construed to impose a higher evidentiary threshold than the new and material evidence standard that was in effect pursuant to such section on the day before the date of the enactment of this Act [Aug. 23, 2017].”
38 U.S.C. § 5109B (VETERANS’ BENEFITS)
§ 5109B. Expedited treatment of returned and remanded claims
The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Veterans Benefits Administration of any claim that is returned by a higher-level adjudicator under section 5104B of this title or remanded by the Board of Veterans’ Appeals.
(Added Pub. L. 108–183, title VII, § 707(a)(1), Dec. 16, 2003, 117 Stat. 2672; amended Pub. L. 115–55, § 2(k)(1), Aug. 23, 2017, 131 Stat. 1109.)
heading: Amendments
text: 2017—Pub. L. 115–55, § 2(k)(1), amended section generally. Prior to amendment, text read as follows: “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.”
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.
38 U.S.C. § 7106 (VETERANS’ BENEFITS)
[§ 7106. Repealed. Pub. L. 115–55, § 2(s)(1), Aug. 23, 2017, 131 Stat. 1112]
text: Section, added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4006; renumbered § 7106 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405, related to application for administrative appeals.
text: Provisions similar to those comprising this section were contained in subsec. (c)(2) of former section 4005 of this title, prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666.
heading: Effective Date of Repeal
text: Repeal applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.