dreamproit/uscode huggingface dataset:
38 U.S.C. § 715 (VETERANS’ BENEFITS)
§ 715. Congressional testimony by employees: treatment as official duty
(a) Congressional Testimony.—
An employee of the Department is performing official duty during the period with respect to which the employee is testifying in an official capacity in front of either chamber of Congress, a committee of either chamber of Congress, or a joint or select committee of Congress.
(b) Travel Expenses.—
The Secretary shall provide travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, to any employee of the Department of Veterans Affairs performing official duty described under subsection (a).
(Added Pub. L. 114–223, div. A, title II, § 247(b)(1), Sept. 29, 2016, 130 Stat. 890.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 715 and 716 were renumbered sections 1915 and 1916 of this title, respectively.
38 U.S.C. § 717 (VETERANS’ BENEFITS)
§ 717. Limitation on administrative leave
(a) In General.—
Except as provided in subsection (b), the Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period.
(b) Waiver.—
The Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under subsection (a) if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the job title and grade of the covered individual and the location where the individual is employed.
(c) Covered Individual.—
In this section, the term “covered individual” means an employee of the Department—
(1) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or
(2) against whom any disciplinary action is proposed or initiated under this title or title 5.
(Added Pub. L. 114–315, title V, § 503(a)(1), Dec. 16, 2016, 130 Stat. 1568.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 717 and 718 were renumbered sections 1917 and 1918 of this title, respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 114–315, title V, § 503(b), Dec. 16, 2016, 130 Stat. 1568, provided that: “Section 717 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to any 365-day period beginning on or after the date of enactment of this Act [Dec. 16, 2016].”
38 U.S.C. § 721 (VETERANS’ BENEFITS)
§ 721. Recoupment of bonuses or awards paid to employees of Department
(a) In General.—
Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if—
(1) the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment; and
(2) before such repayment, the employee is afforded—
(A) notice of the proposed order; and
(B) an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and
(3) the Secretary issues the order—
(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
(b) Appeal of Order of Secretary.—
(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 business days after receiving such appeal.
(Added Pub. L. 115–41, title II, § 204(a), June 23, 2017, 131 Stat. 875.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 721 and 722 were renumbered sections 1921 and 1922 of this title, respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 115–41, title II, § 204(c), June 23, 2017, 131 Stat. 876, provided that: “Section 721 of title 38, United States Code, as added by subsection (a), shall apply with respect to an award or bonus paid by the Secretary of Veterans Affairs to an employee of the Department of Veterans Affairs on or after the date of the enactment of this Act [June 23, 2017].”
38 U.S.C. § 723 (VETERANS’ BENEFITS)
§ 723. Recoupment of relocation expenses paid on behalf of employees of Department
(a) In General.—
Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, paid to or on behalf of the employee under title 5 for relocation expenses, including any expenses under section 5724 or 5724a of such title, or this title if—
(1) the Secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses;
(2) before such repayment, the employee is afforded—
(A) notice of the proposed order; and
(B) an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice; and
(3) the Secretary issues the order—
(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
(b) Appeal of Order of Secretary.—
(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 days after receiving such appeal.
(Added Pub. L. 115–41, title II, § 205(a), June 23, 2017, 131 Stat. 876.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 723 to 729 were renumbered sections 1923 to 1929 of this title, respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 115–41, title II, § 205(c), June 23, 2017, 131 Stat. 877, provided that: “Section 723 of title 38, United States Code, as added by subsection (a), shall apply with respect to an amount paid by the Secretary of Veterans Affairs to or on behalf of an employee of the Department of Veterans Affairs for relocation expenses on or after the date of the enactment of this Act [June 23, 2017].”
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.
(Added Pub. L. 115–182, title V, § 501(a), June 6, 2018, 132 Stat. 1474; amended Pub. L. 115–251, title II, § 211(a)(1), Sept. 29, 2018, 132 Stat. 3174.)
heading: Editorial Notes
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.
heading: Amendments
text: 2018—Subsec. (c)(3). Pub. L. 115–251 struck out “, United States Code” after “of title 5”.
38 U.S.C. § 732 (VETERANS’ BENEFITS)
§ 732. Protection of whistleblowers as criteria in evaluation of supervisors
(a) Development and Use of Criteria Required.—
The Secretary, in consultation with the Assistant Secretary of Accountability and Whistleblower Protection, shall develop criteria that—
(1) the Secretary shall use as a critical element in any evaluation of the performance of a supervisory employee; and
(2) promotes the protection of whistleblowers.
(b) Principles for Protection of Whistleblowers.—
The criteria required by subsection (a) shall include principles for the protection of whistleblowers, such as the degree to which supervisory employees respond constructively when employees of the Department report concerns, take responsible action to resolve such concerns, and foster an environment in which employees of the Department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities.
(c) Supervisory Employee and Whistleblower Defined.—
In this section, the terms “supervisory employee” and “whistleblower” have the meanings given such terms in section 323 of this title.
(Added Pub. L. 115–41, title I, § 102(a)(3), June 23, 2017, 131 Stat. 865.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 732, added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 884, related to treatment of whistleblower complaints, prior to repeal by Pub. L. 115–41, title I, § 102(a)(1), June 23, 2017, 131 Stat. 865.
38 U.S.C. § 734...736 (VETERANS’ BENEFITS)
[§§ 734 to 736. Repealed. Pub. L. 115–41, title I, § 102(a)(1), June 23, 2017, 131 Stat. 865]
text: Section 734, added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 888, related to evaluation criteria of supervisors and treatment of bonuses.
text: Section 735, added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 889; amended Pub. L. 114–315, title VIII, § 802(1), Dec. 16, 2016, 130 Stat. 1591, related to training regarding whistleblower complaints. See section 733 of this title.
text: Section 736, added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 889, related to reports to Congress on whistleblower complaints.
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 740 to 763, 765 to 779, 781 to 788, and 801 to 806 were renumbered sections 1940 to 1963, 1965 to 1979, 1981 to 1988, and 2101 to 2106 of this title, respectively.
38 U.S.C. § 901 (VETERANS’ BENEFITS)
§ 901. Authority to prescribe rules for conduct and penalties for violations
(a)
(1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property.
(2) In this chapter, the term “Department property” means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services.
(b) Regulations under subsection (a) shall include—
(1) rules for conduct on Department property; and
(2) the penalties, within the limits specified in subsection (c), for violations of such rules.
(c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary.
(d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply.
(e) The Secretary shall consult with the Attorney General before prescribing regulations under this section.
(f)
(1) The Secretary may not prohibit the use of a covered service dog in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary.
(2) For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an appropriate accrediting body that evaluates and accredits organizations which train guide or service dogs.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 397; amended Pub. L. 112–154, title I, § 109, Aug. 6, 2012, 126 Stat. 1174.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 901 was renumbered section 2301 of this title.
Provisions similar to those in this section were contained in section 218(a) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Amendments
text: 2012—Subsec. (f). Pub. L. 112–154 added subsec. (f).
38 U.S.C. § 903 (VETERANS’ BENEFITS)
§ 903. Uniform allowance
(a) The Secretary may pay an allowance under this section for the purchase of uniforms to any Department police officer who is required to wear a prescribed uniform in the performance of official duties.
(b)
(1) The amount of the allowance that the Secretary may pay under this section is the lesser of—
(A) the amount currently allowed as prescribed by the Office of Personnel Management; or
(B) estimated costs or actual costs as determined by periodic surveys conducted by the Department.
(2) During any fiscal year no officer shall receive more for the purchase of a uniform described in subsection (a) than the amount established under this subsection.
(c) The allowance established under subsection (b) shall be paid at the beginning of a Department police officer’s employment for those appointed on or after October 1, 2010. In the case of any other Department police officer, an allowance in the amount established under subsection (b) shall be paid upon the request of the officer.
(d) A police officer who resigns as a police officer less than one year after receiving an allowance in an amount established under this section shall repay to the Department a pro rata share of the amount paid, based on the number of months the officer was actually employed as such an officer during the twelve-month period following the date on which such officer began such employment or the date on which the officer submitted a request for such an allowance, as the case may be.
(e) An allowance may not be paid to a Department police officer under this section and under section 5901 of title 5 for the same fiscal year.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 398; amended Pub. L. 111–163, title X, § 1002, May 5, 2010, 124 Stat. 1182.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 903 was renumbered section 2303 of this title.
Provisions similar to those in this section were contained in section 218(c) of this title prior to repeal by Pub. L. 102–83, § 2(a).
heading: Amendments
text: 2010—Subsecs. (b), (c). Pub. L. 111–163 added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which read as follows:
“(b) The amount of the allowance that the Secretary may pay under this section—
“(1) may be based on estimated average costs or actual costs;
“(2) may vary by geographic regions; and
“(3) except as provided in subsection (c), may not exceed $200 in a fiscal year for any police officer.
“(c) The amount of an allowance under this section may be increased to an amount up to $400 for not more than one fiscal year in the case of any Department police officer. In the case of a person who is appointed as a Department police officer on or after January 1, 1990, an allowance in an amount established under this subsection shall be paid at the beginning of such person’s employment as such an officer. In the case of any other Department police officer, an allowance in an amount established under this subsection shall be paid upon the request of the officer.”
38 U.S.C. § 904 (VETERANS’ BENEFITS)
§ 904. Equipment and weapons
The Secretary shall furnish Department police officers with such weapons and related equipment as the Secretary determines to be necessary and appropriate.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 399.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 904 was renumbered section 2304 of this title.
Provisions similar to those in this section were contained in section 218(d) of this title prior to repeal by Pub. L. 102–83, § 2(a).
38 U.S.C. § 905 (VETERANS’ BENEFITS)
§ 905. Use of facilities and services of other law enforcement agencies
With the permission of the head of the agency concerned, the Secretary may use the facilities and services of Federal, State, and local law enforcement agencies when it is economical and in the public interest to do so.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 399.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 905 was renumbered section 2305 of this title.
Provisions similar to those in this section were contained in section 218(e) of this title prior to repeal by Pub. L. 102–83, § 2(a).
Prior sections 906 to 908 and 1000 to 1010 were renumbered sections 2306 to 2308 and 2400 to 2410 of this title, respectively.
38 U.S.C. § 1102 (VETERANS’ BENEFITS)
§ 1102. Special provisions relating to surviving spouses
(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 302 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
1976—Pub. L. 94–433, § 404(4), substituted “surviving spouses” for “widows” in section catchline.
Subsec. (a). Pub. L. 94–433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”.
Subsec. (b). Pub. L. 94–433, § 404(3), substituted “surviving spouse” for “widow” in two places.
1967—Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.
1960—Subsec. (a)(1). Pub. L. 86–491 substituted “fifteen years” for “ten years”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
heading: Effective Date of 1967 Amendment
text: Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
38 U.S.C. § 1103 (VETERANS’ BENEFITS)
§ 1103. Special provisions relating to claims based upon effects of tobacco products
(a) Notwithstanding any other provision of law, a veteran’s disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, or air service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran’s service.
(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, or air service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.
(Added Pub. L. 105–178, title VIII, § 8202(a)(1), as added Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1103 was renumbered section 1104 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways.
Pub. L. 105–178, title VIII, § 8202(b), as amended by Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that: “Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998].”