dreamproit/uscode huggingface dataset:
38 U.S.C. § 1167 (VETERANS’ BENEFITS)
§ 1167. Outreach pursuant to changes in presumptions of service connection
(a) In General.—
Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—
(1) identify all claims for compensation under this chapter that—
(A) were submitted to the Secretary;
(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and
(C) might have been evaluated differently had the establishment or modification been applicable to the claim; and
(2) pursuant to subsection (b), conduct outreach to the claimants.
(b) Outreach.—
(1) The Secretary shall conduct outreach to inform claimants identified under subsection (a) that they may submit a supplemental claim in light of the establishment or modification of a presumption of service connection described in subsection (a).
(2) Outreach under paragraph (1) shall include the following:
(A) The Secretary shall publish on the internet website of the Department a notice that such veterans may elect to file a supplemental claim.
(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such veterans to file a supplemental claim.
(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.
(Added Pub. L. 117–168, title II, § 203(a), Aug. 10, 2022, 136 Stat. 1775.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 117–168, title II, § 203(b), Aug. 10, 2022, 136 Stat. 1776, provided that: “Section 1167 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment set out under section 101 of this title].”
heading: Rule of Construction
text: Pub. L. 117–168, title II, § 203(c), Aug. 10, 2022, 136 Stat. 1776, provided that:
“Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as—
“(1) modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022]; or
“(2) requiring a retroactively applied effective date of a supplemental claim earlier than the date a presumption of service connection is established or modified.”
38 U.S.C. § 1168 (VETERANS’ BENEFITS)
§ 1168. Medical nexus examinations for toxic exposure risk activities
(a) Medical Examinations and Medical Opinions.—
(1) Except as provided in subsection (b), if a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and evidence of participation in a toxic exposure risk activity during active military, naval, air, or space service, and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall—
(A) provide the veteran with a medical examination under section 5103A(d) of this title; and
(B) obtain a medical opinion (to be requested by the Secretary in connection with the medical examination under subparagraph (A)) as to whether it is at least as likely as not that there is a nexus between the disability and the toxic exposure risk activity.
(2) When providing the Secretary with a medical opinion under paragraph (1)(B) for a veteran, the health care provider shall consider—
(A) the total potential exposure through all applicable military deployments of the veteran; and
(B) the synergistic, combined effect of all toxic exposure risk activities of the veteran.
(3) The requirement under paragraph (2)(B) shall not be construed as requiring a health care provider to consider the synergistic, combined effect of each of the substances, chemicals, and airborne hazards identified in the list under section 1119(b)(2) of this title.
(b) Exception.—
Subsection (a) shall not apply if the Secretary determines there is no indication of an association between the disability claimed by the veteran and the toxic exposure risk activity for which the veteran submitted evidence.
(c) Toxic Exposure Risk Activity Defined.—
In this section, the term “toxic exposure risk activity” has the meaning given that term in section 1710(e)(4) of this title.
(Added Pub. L. 117–168, title III, § 303, Aug. 10, 2022, 136 Stat. 1779.)
38 U.S.C. § 1175 (VETERANS’ BENEFITS)
§ 1175. Authority to modify process; congressional oversight
(a) In General.—
The Secretary may modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the Secretary conducts formal evaluations under section 1173 of this title, and issues regulations under section 1174 of this title if—
(1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and
(2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification.
(b) Notice.—
If the Secretary proposes to modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the process under which the Secretary conducts formal evaluations under section 1173 of this title, or issues regulations under section 1174 of this title, 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 notice of the proposed modifications containing the following:
(1) A description of the proposed modifications.
(2) A description of any exceptions to the requirements of such sections that are proposed because of limited available scientific evidence, and a description of how such evaluations will be conducted.
(Added Pub. L. 117–168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1771.)
38 U.S.C. § 1305 (VETERANS’ BENEFITS)
§ 1305. Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection
(a) Reevaluation.—
Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—
(1) identify all claims for dependency and indemnity compensation under this chapter that—
(A) were submitted to the Secretary;
(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and
(C) might have been evaluated differently had the establishment or modification been applicable to the claim;
(2) allow for the reevaluation of such claims at the election of the claimant; and
(3) notwithstanding section 5110 of this title, with respect to claims approved pursuant to such reevaluation, provide compensation under this chapter effective as if the establishment or modification of the presumption of service connection had been in effect on the date of the submission of the original claim described in paragraph (1).
(b) Outreach.—
(1) The Secretary shall conduct outreach to inform relevant claimants that they may elect to have a claim be reevaluated in light of the establishment or modification of a presumption of service connection described in subsection (a).
(2) Outreach under paragraph (1) shall include the following:
(A) The Secretary shall publish on the internet website of the Department a notice that such claimants may elect to have a claim so reevaluated.
(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such claimants to elect to have a claim so reevaluated.
(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.
(Added Pub. L. 117–168, title II, § 204(a), Aug. 10, 2022, 136 Stat. 1776.)
heading: Effective Date
text: Pub. L. 117–168, title II, § 204(b), Aug. 10, 2022, 136 Stat. 1777, provided that: “Section 1305 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment note set out under section 101 of this title].”
heading: Rule of Construction
text: Pub. L. 117–168, title II, § 204(c), Aug. 10, 2022, 136 Stat. 1777, provided that: “Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022].”
38 U.S.C. § 5100 (VETERANS’ BENEFITS)
§ 5100. Definitions
In this chapter:
(1) The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.
(2) The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.
(Added Pub. L. 117–168, title VIII, § 807(a)(1), Aug. 10, 2022, 136 Stat. 1805.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 5100, added Pub. L. 106–475, § 2, Nov. 9, 2000, 114 Stat. 2096, defined “claimant”, prior to repeal by Pub. L. 117–168, title VIII, § 807(a)(1), Aug. 10, 2022, 136 Stat. 1805.
heading: Statutory Notes and Related Subsidiaries
heading: Rule of Construction
text: Pub. L. 117–168, title VIII, § 807(b), Aug. 10, 2022, 136 Stat. 1806, provided that: “None of the amendments made by this section [enacting this section, amending sections 5104, 5104B, 5112, 7104, 7105, 7105A, and 7266 of this title, and repealing former section 5100 of this title] shall be construed to apply section 5104(a) of such title [meaning title 38, United States Code] to decisions of the Board of Veterans’ Appeals under chapter 71 of such title.”
38 U.S.C. § 7404A (VETERANS’ BENEFITS)
§ 7404A. Awards
(a) Superior Accomplishments and Performance Awards Program.—
The Secretary may establish an awards program for personnel listed in section 7421(b) of this title consistent with chapter 45 of title 5, to the extent practicable.
(b) Executive Performance Awards Program.—
Notwithstanding section 7425 of this title or any other provision of law, the Secretary may establish a performance awards program consistent with section 5384 of title 5 for—
(1) personnel appointed under section 7401(1) of this title for a position that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5) and is subject to an agency performance management system; and
(2) personnel appointed under section 7306 or 7401(4) of this title.
(c) Payment of Awards.—
Awards under this section may be paid based on criteria established by the Secretary and shall not be considered in calculating the limitation under section 7431(e)(4) of this title.
(d) Not Considered Basic Pay.—
Awards under this section shall not be considered basic pay for any purpose.
(e) Regulations.—
The Secretary may prescribe regulations for the administration of this section.
(Added Pub. L. 117–168, title IX, § 906(b)(1), Aug. 10, 2022, 136 Stat. 1812.)
heading: Statutory Notes and Related Subsidiaries
heading: Limitation on Past Awards
text: Pub. L. 117–168, title IX, § 906(b)(2), Aug. 10, 2022, 136 Stat. 1812, provided that: “Notwithstanding any other provision of law, awards made by the Secretary of Veterans Affairs for any period on or after January 1, 2017, and before the date of the enactment of this Act [Aug. 10, 2022] for an employee under section 7306 or 7401(4) of title 38, United States Code, or for a position described in section 7401(1) of such title that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code), may be subject to section 7404A of title 38, United States Code, as added by paragraph (1).”
38 U.S.C. § 8169 (VETERANS’ BENEFITS)
[§ 8169. Repealed. Pub. L. 117–168, title VII, § 705(d), Aug. 10, 2022, 136 Stat. 1800]
text: Section, added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 103–452, title I, § 103(d), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104–110, title I, § 101(k), Feb. 13, 1996, 110 Stat. 769; Pub. L. 105–114, title II, § 205(a), Nov. 21, 1997, 111 Stat. 2288; Pub. L. 106–117, title II, § 208(e), Nov. 30, 1999, 113 Stat. 1568; Pub. L. 112—154, title II, § 211(j), Aug. 6, 2012, 126 Stat. 1182, provided that the authority of the Secretary to enter into enhanced-use leases under this subchapter would expire on Dec. 31, 2023.
15 U.S.C. § 15f (COMMERCE AND TRADE)
§ 15f. Actions by Attorney General
(a) Notification to State attorney general
Whenever the Attorney General of the United States has brought an action under the antitrust laws, and he has reason to believe that any State attorney general would be entitled to bring an action under this Act based substantially on the same alleged violation of the antitrust laws, he shall promptly give written notification thereof to such State attorney general.
(b) Availability of files and other materials
To assist a State attorney general in evaluating the notice or in bringing any action under this Act, the Attorney General of the United States shall, upon request by such State attorney general, make available to him, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act.
(Oct. 15, 1914, ch. 323, § 4F, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1395.)
heading: Editorial Notes
heading: References in Text
text: The antitrust laws, referred to in subsec. (a), are defined in section 12 of this title.
This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Injuries sustained prior to Sept. 30, 1976, not covered by this section, see section 304 of Pub. L. 94–435, set out as a note under section 15c of this title.
15 U.S.C. § 25 (COMMERCE AND TRADE)
§ 25. Restraining violations; procedure
The several district courts of the United States are invested with jurisdiction to prevent and restrain violations of this Act, and it shall be the duty of the several United States attorneys, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition, the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition, and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. Whenever it shall appear to the court before which any such proceeding may be pending that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned whether they reside in the district in which the court is held or not, and subpoenas to that end may be served in any district by the marshal thereof.
(Oct. 15, 1914, ch. 323, § 15, 38 Stat. 736; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorneys” for “district attorneys of the United States”. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 27 (COMMERCE AND TRADE)
§ 27. Effect of partial invalidity
If any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be in­valid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
(Oct. 15, 1914, ch. 323, § 28, formerly § 26, 38 Stat. 740; renumbered § 27, Pub. L. 96–493, § 2, Dec. 2, 1980, 94 Stat. 2568; renumbered § 28, Pub. L. 107–273, div. C, title IV, § 14102(d), Nov. 2, 2002, 116 Stat. 1922.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables.
15 U.S.C. § 35 (COMMERCE AND TRADE)
§ 35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity
(a) Prohibition in general
No damages, interest on damages, costs, or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity.
(b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition
Subsection (a) shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply.
(Pub. L. 98–544, § 3, Oct. 24, 1984, 98 Stat. 2750.)
heading: Editorial Notes
heading: References in Text
text: For the effective date of this Act, referred to in subsec. (b), see Effective Date note below.
The Clayton Act, referred to in subsecs. (a) and (b), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title and to sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98–544, set out as a note under section 34 of this title.
15 U.S.C. § 64 (COMMERCE AND TRADE)
§ 64. Unfair methods of competition in export trade
The prohibition against “unfair methods of competition” and the remedies provided for enforcing said prohibition contained in the Federal Trade Commission Act [15 U.S.C. 41 et seq.] shall be construed as extending to unfair methods of competition used in export trade against competitors engaged in export trade, even though the acts constituting such unfair methods are done without the territorial jurisdiction of the United States.
(Apr. 10, 1918, ch. 50, § 4, 40 Stat. 517.)
heading: Editorial Notes
heading: References in Text
text: The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables.
heading: Codification
text: “Federal Trade Commission Act [15 U.S.C. 41 et seq.]” substituted in text for “Act entitled ‘An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,’ approved September twenty-sixth, nineteen hundred and fourteen” on authority of section 18 of that Act [15 U.S.C. 58].
15 U.S.C. § 70c (COMMERCE AND TRADE)
§ 70c. Removal of stamp, tag, label, or other identification
(a) Removal or mutilation after shipment in commerce
After shipment of a textile fiber product in commerce it shall be unlawful, except as provided in this subchapter, to remove or mutilate, or cause or participate in the removal or mutilation of, prior to the time any textile fiber product is sold and delivered to the ultimate consumer, any stamp, tag, label, or other identification required by this subchapter to be affixed to such textile fiber product, and any person violating this section shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].
(b) Substitution of stamp, tag, etc.
Any person—
(1) introducing, selling, advertising, or offering for sale, in commerce, or importing into the United States, a textile fiber product subject to the provisions of this subchapter, or
(2) selling, advertising, or offering for sale a textile fiber product whether in its original state or contained in other textile fiber products, which has been shipped, advertised, or offered for sale, in commerce,
may substitute for the stamp, tag, label, or other means of identification required to be affixed to such textile product pursuant to section 70b(b) of this title, a stamp, tag, label, or other means of identification conforming to the requirements of section 70b(b) of this title, and such substituted stamp, tag, label, or other means of identification shall show the name or other identification issued and registered by the Commission of the person making the substitution.
(c) Affixing of stamp, tag, etc. to individual unit of broken package
If any person other than the ultimate consumer breaks a package which bears a stamp, tag, label, or other means of identification conforming to the requirements of section 70b of this title, and if such package contains one or more units of a textile fiber product to which a stamp, tag, label, or other identification conforming to the requirements of section 70b of this title is not affixed, such person shall affix a stamp, tag, label, or other identification bearing the information on the stamp, tag, label, or other means of identification attached to such broken package to each unit of textile fiber product taken from such broken package.
(Pub. L. 85–897, § 5, Sept. 2, 1958, 72 Stat. 1720.)
heading: Editorial Notes
heading: References in Text
text: The Federal Trade Commission Act, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables.