dreamproit/uscode huggingface dataset:
38 U.S.C. § 502 (VETERANS’ BENEFITS)
§ 502. Judicial review of rules and regulations
An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 110–389, title I, § 102, Oct. 10, 2008, 122 Stat. 4148.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 502 was renumbered section 1502 of this title.
Provisions similar to those in this section were contained in section 223(c) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Amendments
text: 2008—Pub. L. 110–389 struck out “(other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title)” after “refers”.
38 U.S.C. § 503 (VETERANS’ BENEFITS)
§ 503. Administrative error; equitable relief
(a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.
(b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.
(c) Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2022.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106–419, title IV, § 403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–233, title IV, § 403, June 15, 2006, 120 Stat. 411; Pub. L. 111–275, title VIII, § 808, Oct. 13, 2010, 124 Stat. 2893; Pub. L. 113–175, title IV, § 403, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 404, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 404, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 404, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 164, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, § 5402, Oct. 1, 2020, 134 Stat. 751.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 503 and 504 were renumbered sections 1503 and 1504 of this title, respectively.
Provisions similar to those in this section were contained in section 210(c)(2), (3) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Amendments
text: 2020—Subsec. (c). Pub. L. 116–159 substituted “December 31, 2022” for “December 31, 2020”.
2018—Subsec. (c). Pub. L. 115–251 substituted “December 31, 2020” for “December 31, 2018”.
2017—Subsec. (c). Pub. L. 115–62 substituted “December 31, 2018” for “December 31, 2017”.
2016—Subsec. (c). Pub. L. 114–228 substituted “December 31, 2017” for “December 31, 2016”.
2015—Subsec. (c). Pub. L. 114–58 substituted “December 31, 2016” for “December 31, 2015”.
2014—Subsec. (c). Pub. L. 113–175 substituted “December 31, 2015” for “December 31, 2014”.
2010—Subsec. (c). Pub. L. 111–275 substituted “December 31, 2014” for “December 31, 2009”.
2006—Subsec. (c). Pub. L. 109–233 substituted “December 31, 2009” for “December 31, 2004”.
2000—Subsec. (c). Pub. L. 106–419 inserted at end “No report shall be required under this subsection after December 31, 2004.”
38 U.S.C. § 505 (VETERANS’ BENEFITS)
§ 505. Opinions of Attorney General
The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 505 to 508 were renumbered sections 1505 to 1508 of this title, respectively.
Provisions similar to those in this section were contained in section 211(b) of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 511 (VETERANS’ BENEFITS)
§ 511. Decisions of the Secretary; finality
(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.
(b) The second sentence of subsection (a) does not apply to—
(1) matters subject to section 502 of this title;
(2) matters covered by sections 1975 and 1984 of this title;
(3) matters arising under chapter 37 of this title; and
(4) matters covered by chapter 72 of this title.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 388.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 511 was renumbered section 1511 of this title.
Provisions similar to those in this section were contained in section 211(a) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Court Rules
heading: Federal Rules of Civil Procedure
text: Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.
38 U.S.C. § 512 (VETERANS’ BENEFITS)
§ 512. Delegation of authority; assignment of functions and duties
(a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers and employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary.
(b) There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 512 was renumbered section 1512 of this title.
Provisions similar to those in this section were contained in section 212 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 513 (VETERANS’ BENEFITS)
§ 513. Contracts and personal services
The Secretary may, for purposes of all laws administered by the Department, accept uncompensated services, and enter into contracts or agreements with private or public agencies or persons (including contracts for services of translators without regard to any other law), for such necessary services (including personal services) as the Secretary may consider practicable. The Secretary may also enter into contracts or agreements with private concerns or public agencies for the hiring of passenger motor vehicles or aircraft for official travel whenever, in the Secretary’s judgment, such arrangements are in the interest of efficiency or economy.
(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 section 213 of this title prior to repeal by Pub. L. 102–83, § 2(a).
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).
38 U.S.C. § 517 (VETERANS’ BENEFITS)
§ 517. Quarterly reports to Congress on conferences sponsored by the Department
(a) Quarterly Reports Required.—
Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on covered conferences.
(b) Matters Included.—
Each report under subsection (a) shall include the following:
(1) An accounting of the final costs to the Department of each covered conference occurring during the fiscal quarter preceding the date on which the report is submitted, including the costs related to—
(A) transportation and parking;
(B) per diem payments;
(C) lodging;
(D) rental of halls, auditoriums, or other spaces;
(E) rental of equipment;
(F) refreshments;
(G) entertainment;
(H) contractors; and
(I) brochures or other printed media.
(2) The total estimated costs to the Department for covered conferences occurring during the fiscal quarter in which the report is submitted.
(c) Covered Conference Defined.—
In this section, the term “covered conference” means a conference, meeting, or other similar forum that is sponsored or co-sponsored by the Department and is—
(1) attended by 50 or more individuals, including one or more employees of the Department; or
(2) estimated to cost the Department at least $20,000.
(Added Pub. L. 112–154, title VII, § 707(a), Aug. 6, 2012, 126 Stat.1206.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 112–154, title VII, § 707(c), Aug. 6, 2012, 126 Stat. 1207, provided that: “Section 517 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2012, and shall apply with respect to the first quarter of fiscal year 2013 and each quarter thereafter.”
38 U.S.C. § 521 (VETERANS’ BENEFITS)
§ 521. Assistance to certain rehabilitation activities
(a) The Secretary may assist any organization named in or approved under section 5902 of this title in providing recreational activities which would further the rehabilitation of disabled veterans. Such assistance may be provided only if—
(1) the activities are available to disabled veterans on a national basis; and
(2) a significant percentage of the individuals participating in the activities are eligible for rehabilitative services under chapter 17 of this title.
(b) The Secretary may accept from any appropriate source contributions of funds and of other assistance to support the Secretary’s provision of assistance for such activities.
(c)
(1) Subject to paragraph (2), the Secretary may authorize the use, for purposes approved by the Secretary in connection with the activity involved, of the seal and other official symbols of the Department and the name “Department of Veterans Affairs” by—
(A) any organization which provides an activity described in subsection (a) with assistance from the Secretary; and
(B) any individual or entity from which the Secretary accepts a significant contribution under subsection (b) or an offer of such a contribution.
(2) The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary under this subsection only if—
(A) the Secretary has approved the advertisement; and
(B) the advertisement contains a clear statement that no product, project, or commercial line of endeavor referred to in the advertisement is endorsed by the Department of Veterans Affairs.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 390.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 521 was renumbered section 1521 of this title.
Provisions similar to those in this section were contained in section 216 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 522 (VETERANS’ BENEFITS)
§ 522. Studies of rehabilitation of disabled persons
(a) The Secretary may conduct studies and investigations, and prepare reports, relative to the rehabilitation of disabled persons, the relative abilities, aptitudes, and capacities of the several groups of the variously handicapped, and how their potentialities can best be developed and their services best used in gainful and suitable employment including the rehabilitation programs of foreign nations.
(b) In carrying out this section, the Secretary (1) may cooperate with such public and private agencies as the Secretary considers advisable; and (2) may employ consultants who shall receive a reasonable per diem, as prescribed by the Secretary, for each day actually employed, plus necessary travel and other expenses.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 390.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 522 was renumbered section 1522 of this title.
Provisions similar to those in this section were contained in section 217 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 525 (VETERANS’ BENEFITS)
§ 525. Publication of laws relating to veterans
(a) The Secretary may compile and publish all Federal laws relating to veterans’ relief, including laws administered by the Department as well as by other agencies of the Government. Such compilation and publication shall be in such form as the Secretary considers advisable for the purpose of making currently available in convenient form for the use of the Department and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans’ relief.
(b) The Secretary may maintain such compilation on a current basis either by the publication, from time to time, of supplementary documents or by complete revision of the compilation.
(c) The distribution of the compilation to the representatives of the several service organizations shall be as determined by the Secretary.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 525 was renumbered section 1525 of this title.
Provisions similar to those in this section were contained in section 215 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 529 (VETERANS’ BENEFITS)
§ 529. Annual report to Congress
The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall—
(1) give an account of all moneys received and disbursed by the Department for such fiscal year;
(2) describe the work done during such fiscal year; and
(3) state the activities of the Department for such fiscal year.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 214 of this title prior to repeal by Pub. L. 102–83, § 2(a).
Prior section 531, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137; Pub. L. 90–77, title I, § 105, Aug. 31, 1967, 81 Stat. 179, provided for a monthly pension to widows of Mexican War veterans, prior to repeal by Pub. L. 94–169, title I, § 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.
Prior sections 532 to 537 were renumbered sections 1532 to 1537 of this title, respectively.
38 U.S.C. § 531 (VETERANS’ BENEFITS)
§ 531. Requirement relating to naming of Department property
Except as expressly provided by law, a facility, structure, or real property of the Department, and a major portion (such as a wing or floor) of any such facility, structure, or real property, may be named only for the geographic area in which the facility, structure, or real property is located.
(Added Pub. L. 105–368, title X, § 1001(a)(1), Nov. 11, 1998, 112 Stat. 3363.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 105–368, title X, § 1001(b), Nov. 11, 1998, 112 Stat. 3363, provided that: “Section 531 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to the assignment or designation of the name of a facility, structure, or real property of the Department of Veterans Affairs (or of a major portion thereof) after the date of the enactment of this Act [Nov. 11, 1998].”
38 U.S.C. § 532 (VETERANS’ BENEFITS)
§ 532. Authority to advertise in national media; VetStar Award Program
(a) Advertising in National Media.—
The Secretary may purchase advertising in national media outlets for the purpose of promoting awareness of benefits under laws administered by the Secretary, including promoting awareness of assistance provided by the Secretary, including assistance for programs to assist homeless veterans, to promote veteran-owned small businesses, and to provide opportunities for employment in the Department of Veterans Affairs and for education, training, compensation, pension, vocational rehabilitation, and healthcare benefits, and mental healthcare (including the prevention of suicide among veterans).
(b) VetStar Award Program.—
(1) The Secretary shall establish an award program, to be known as the “VetStar Award Program”, to recognize annually businesses for their contributions to veterans’ employment.
(2) The Secretary shall establish a process for the administration of the award program, including criteria for—
(A) categories and sectors of businesses eligible for recognition each year; and
(B) objective measures to be used in selecting businesses to receive the award.
(Added Pub. L. 110–389, title VIII, § 809(a), Oct. 10, 2008, 122 Stat. 4189; amended Pub. L. 112–154, title VII, § 709(a), (b)(1), Aug. 6, 2012, 126 Stat. 1207.)
heading: Editorial Notes
heading: Amendments
text: 2012—Pub. L. 112–154 inserted “; VetStar Award Program” after “national media” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
38 U.S.C. § 705 (VETERANS’ BENEFITS)
§ 705. Telephone service for medical officers and facility directors
The Secretary may pay for official telephone service and rental in the field whenever incurred in case of official telephones for directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Department where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations prescribed by the Secretary.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 395.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 705 and 706 were renumbered sections 1905 and 1906 of this title, respectively.
Provisions similar to those in this section were contained in section 234 of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 709 (VETERANS’ BENEFITS)
§ 709. Employment restrictions
(a)
(1) Notwithstanding section 3134(d) of title 5, the number of Senior Executive Service positions in the Department which are filled by noncareer appointees in any fiscal year may not at any time exceed 5 percent of the average number of senior executives employed in Senior Executive Service positions in the Department during the preceding fiscal year.
(2) For purposes of this subsection, the average number of senior executives employed in Senior Executive Service positions in the Department during a fiscal year shall be equal to 25 percent of the sum of the total number of senior executives employed in Senior Executive Service positions in the Department on the last day of each quarter of such fiscal year.
(b) The number of positions in the Department which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions.
(c)
(1) Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department or in the assignment or advancement of any employee in the Department.
(2) Paragraph (1) shall not apply—
(A) to the appointment of any person by the President under this title, other than the appointment of the Under Secretary for Health, the Under Secretary for Benefits, and the Inspector General; or
(B) to the appointment of any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position that is excepted from the competitive service, on a temporary or permanent basis, because of the confidential or policy-determining character of the position.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 395; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 709 and 710 were renumbered sections 1909 and 1910 of this title, respectively.
Provisions similar to those in this section were contained in section 12 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).
heading: Amendments
text: 1992—Subsec. (c)(2)(A). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” and “Under Secretary for Benefits” for “Chief Benefits Director”.
38 U.S.C. § 712 (VETERANS’ BENEFITS)
[§ 712. Repealed. Pub. L. 107–103, title V, § 509(a)(1), Dec. 27, 2001, 115 Stat. 997]
text: Section, added Pub. L. 103–446, title XI, § 1102(a), Nov. 2, 1994, 108 Stat. 4680; amended Pub. L. 104–262, title III, § 303, Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105–33, title VIII, § 8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105–368, title X, § 1005(b)(1), Nov. 11, 1998, 112 Stat. 3364, limited reduction of full-time equivalent positions in the Department of Veterans Affairs during the period beginning on Nov. 2, 1994, and ending on Sept. 30, 1999.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 712 was renumbered section 1912 of this title.