dreamproit/uscode huggingface dataset:
35 U.S.C. § 131 (PATENTS)
§ 131. Examination of application
The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent therefor.
(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 36 (R.S. 4893).
The first part is revised in language and amplified. The phrase “and that the invention is sufficiently useful and important” is omitted as unnecessary, the requirements for patentability being stated in sections 101, 102 and 103.
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in two places.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
heading: Pre-Prosecution Assessment Pilot Program
text: Pub. L. 117–328, div. W, § 106, Dec. 29, 2022, 136 Stat. 5521, provided that:
“(a) Pilot Program.—
Not later than 1 year after the date of enactment of this Act [Dec. 29, 2022], the Director shall establish a pilot program to assist first-time prospective patent applicants in assessing the strengths and weaknesses of a potential patent application submitted by such a prospective applicant.
“(b) Considerations.—
In developing the pilot program required under subsection (a), the Director shall establish—
“(1) a notification process to notify a prospective patent applicant seeking an assessment described in that subsection that any assessment so provided may not be considered an official ruling of patentability from the Office;
“(2) conditions to determine eligibility for the pilot program, taking into consideration available resources;
“(3) reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant;
“(4) procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs; and
“(5) procedures to protect the confidentiality of the information disclosed by prospective patent applicants.”
[For definitions of terms used in section 106 of div. W of Pub. L. 117–328, set out above, see section 102 of div. W of Pub. L. 117–328, set out as a Definitions note under section 1 of this title.]
38 U.S.C. § 1167 (VETERANS’ BENEFITS)
§ 1167.1 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. § 1167 (VETERANS’ BENEFITS)
§ 1167.1 Mental health consultations
(a) In General.—
Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for a service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation to assess the mental health needs of, and care options for, the veteran.
(b) Availability.—
The Secretary shall—
(1) offer a veteran a consultation under subsection (a) without regard to any previous denial or approval of a claim of that veteran for a service-connected disability relating to a mental health diagnosis; and
(2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate.
(c) Rule of Construction.—
A consultation provided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Secretary.
(Added Pub. L. 117–328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)
38 U.S.C. § 1705A (VETERANS’ BENEFITS)
§ 1705A. Management of health care: information regarding health-plan contracts
(a) In General.—
(1) Any individual who seeks hospital care or medical services under this chapter shall provide to the Secretary such current information as the Secretary may require to identify any health-plan contract under which such individual is covered.
(2) The information required to be provided to the Secretary under paragraph (1) with respect to a health-plan contract shall include, as applicable, the following:
(A) The name of the entity providing coverage under the health-plan contract.
(B) If coverage under the health-plan contract is in the name of an individual other than the individual required to provide information under this section, the name of the policy holder of the health-plan contract.
(C) The identification number for the health-plan contract.
(D) The group code for the health-plan contract.
(b) Action To Collect Information.—
The Secretary may take such action as the Secretary considers appropriate to collect the information required under subsection (a).
(c) Effect on Services From Department.—
The Secretary may not deny any services under this chapter to an individual solely due to the fact that the individual fails to provide information required under subsection (a).
(d) Health-Plan Contract Defined.—
In this section, the term “health-plan contract” has the meaning given that term in section 1725(h) of this title.
(Added Pub. L. 114–315, title VI, § 604(a), Dec. 16, 2016, 130 Stat. 1571; Pub. L. 117–328, div. U, title I, § 142(c)(1), Dec. 29, 2022, 136 Stat. 5424.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (d). Pub. L. 117–328 substituted “section 1725(h)” for “section 1725(f)”.
38 U.S.C. § 1722C (VETERANS’ BENEFITS)
§ 1722C. Copayments: prohibition on collection of copayments for first three mental health care outpatient visits of veterans
(a) Prohibition.—
Except as provided in subsection (b), notwithstanding section 1710(g) of this title or any other provision of law, the Secretary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary.
(b) Copayment for Medications.—
The prohibition under subsection (a) shall not apply with respect to the imposition or collection of copayments for medications pursuant to section 1722A of this title.
(c) Mental Health Care Outpatient Visit Defined.—
In this section, the term “mental health care outpatient visit” means an outpatient visit with a qualified mental health professional for the primary purpose of seeking mental health care or treatment for substance abuse disorder.
(d) Sunset.—
This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.
(Added Pub. L. 117–328, div. U, title I, § 193A(a), Dec. 29, 2022, 136 Stat. 5440.)
heading: Applicability of Section
text: Section applicable with respect to mental health care outpatient visits occurring on or after the date that is 180 days after Dec. 29, 2022. See Effective Date of 2022 Amendment note below.
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsec. (d), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022.
heading: Effective Date of 2023 Amendment
text: Pub. L. 117–328, div. U, title I, § 193A(b), Dec. 29, 2022, 136 Stat. 5440, provided that: “The amendment made by subsection (a) [enacting this section] shall apply with respect to mental health care outpatient visits occurring on or after the date that is 180 days after the date of the enactment of this Act [Dec. 29, 2022].”
38 U.S.C. § 2014 (VETERANS’ BENEFITS)
§ 2014. Training and technical assistance for recipients of certain financial assistance
(a) In General.—
The Secretary shall provide training and technical assistance to recipients of grants under sections 2011 and 2013 of this title and recipients of per diem payments under sections 2012 and 2061 of this title regarding the planning, development, and provision of services for which the grant or payment is made.
(b) Provision of Training and Technical Assistance.—
The Secretary may provide training and technical assistance under subsection (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.
(Added Pub. L. 117–328, div. U, title III, § 305(b)(1)(B), Dec. 29, 2022, 136 Stat. 5471.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2014 was renumbered section 2016 of this title.
Another prior section 2014 was renumbered section 4214 of this title.
Another prior section 2014 was renumbered section 4105 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Use of Amounts
text: Pub. L. 117–328, div. U, title III, § 305(b)(2), Dec. 29, 2022, 136 Stat. 5472, provided that: “The Secretary of Veterans Affairs shall provide training and technical assistance under sections 2014 and 2015 of such title [meaning title 38, United States Code], as inserted by paragraph (1)(B), using amounts appropriated or otherwise made available to the Department of Veterans Affairs on or after the date of the enactment of this Act [Dec. 29, 2022].”
38 U.S.C. § 2015 (VETERANS’ BENEFITS)
§ 2015. Training and technical assistance for entities regarding services provided to veterans at risk of, experiencing, or transitioning out of homelessness
(a) In General.—
The Secretary shall provide training and technical assistance to entities serving veterans at risk of, experiencing, or transitioning out of homelessness regarding—
(1) the provision of such services to such veterans; and
(2) the planning and development of such services.
(b) Coordination.—
The Secretary may coordinate the provision of training and technical assistance under subsection (a) with the Secretary of Housing and Urban Development and the Secretary of Labor.
(c) Elements.—
The training and technical assistance provided under subsection (a) shall include coordination and communication of best practices among all programs administered by the Veterans Health Administration directed at serving veterans at risk of, experiencing, or transitioning out of homelessness.
(d) Provision of Training.—
The Secretary may provide the training and technical assistance under subsection (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.
(Added Pub. L. 117–328, div. U, title III, § 305(b)(1)(B), Dec. 29, 2022, 136 Stat. 5471.)
38 U.S.C. § 2016 (VETERANS’ BENEFITS)
§ 2016. Authorization of appropriations
There is authorized to be appropriated to carry out this subchapter amounts as follows:
(1) $150,000,000 for each of fiscal years 2007 through 2009.
(2) $175,100,000 for fiscal year 2010.
(3) $217,700,000 for fiscal year 2011.
(4) $250,000,000 for fiscal year 2012.
(5) $250,000,000 for fiscal year 2013.
(6) $250,000,000 for fiscal year 2014.
(7) $257,700,000 for fiscal year 2015 and each subsequent fiscal year.
(Added Pub. L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 909, § 2013; amended Pub. L. 108–422, title I, § 101, Nov. 30, 2004, 118 Stat. 2380; Pub. L. 109–461, title VII, § 703(b), Dec. 22, 2006, 120 Stat. 3440; Pub. L. 110–387, title VI, § 601, Oct. 10, 2008, 122 Stat. 4131; Pub. L. 112–37, § 11, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title III, § 305(a), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113–37, § 2(f)(1), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, § 201, Sept. 26, 2014, 128 Stat. 1903; Pub. L. 114–228, title IV, § 407, Sept. 29, 2016, 130 Stat. 940; renumbered § 2014, Pub. L. 114–315, title VII, § 712(a)(1)(A), Dec. 16, 2016, 130 Stat. 1586; renumbered § 2016, Pub. L. 117–328, div. U, title III, § 305(b)(1)(A), Dec. 29, 2022, 136 Stat. 5471.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–328 renumbered section 2014 of this title as this section.
2016—Pub. L. 114–315 renumbered section 2013 of this title as this section.
Par. (7). Pub. L. 114–228 substituted “$257,700,000” for “$250,000,000”.
2014—Par. (7). Pub. L. 113–175 substituted “$250,000,000” for “$150,000,000”.
2013—Pars. (6), (7). Pub. L. 113–37 added pars. (6) and (7) and struck out former par. (6) which read as follows: “$150,000,000 for fiscal year 2014 and each subsequent fiscal year.”
2012—Pars. (5), (6). Pub. L. 112–154 added pars. (5) and (6) and struck out former par. (5) which read as follows: “$150,000,000 for fiscal year 2013 and each subsequent fiscal year.”
2011—Pub. L. 112–37 substituted “subchapter amounts as follows:” for “subchapter $150,000,000 for fiscal year 2007 and each fiscal year thereafter.” and added at end pars. (1) to (5).
2008—Pub. L. 110–387 substituted “$150,000,000” for “$130,000,000”.
2006—Pub. L. 109–461 amended text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this subchapter amounts as follows:
“(1) $60,000,000 for fiscal year 2002.
“(2) $75,000,000 for fiscal year 2003.
“(3) $75,000,000 for fiscal year 2004.
“(4) $99,000,000 for fiscal year 2005.”
2004—Par. (4). Pub. L. 108–422 substituted “$99,000,000” for “$75,000,000”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2013 Amendment
text: Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.
38 U.S.C. § 2068 (VETERANS’ BENEFITS)
§ 2068. Mental health consultations
(a) In General.—
Not later than two weeks after the date on which a veteran described in subsection (b) enters into a program administered by the Homeless Programs Office of the Department, the Secretary shall offer the veteran a mental health consultation to assess the health needs of, and care options for, the veteran.
(b) Veteran Described.—
A veteran described in this subsection is a veteran to whom a mental health consultation is not offered or provided through the case management services of the program of the Homeless Programs Office into which the veteran enters.
(Added Pub. L. 117–328, div. V, title IV, § 404(b)(1), Dec. 29, 2022, 136 Stat. 5513.)
38 U.S.C. § 3691A (VETERANS’ BENEFITS)
§ 3691A. Withdrawal or leave of absence from certain education
(a) In General.—
(1) A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education.
(2)
(A) The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1).
(B) Adverse actions under subparagraph (A) include the following:
(i) The assignment of a failing grade to a covered member for covered education.
(ii) The reduction of the grade point average of a covered member for covered education.
(iii) The characterization of any absence of a covered member from covered education as unexcused.
(iv) The assessment of any financial penalty against a covered member.
(b) Withdrawal.—
If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered member withdraws.
(c) Leave of Absence.—
If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall—
(1) assign a grade of “incomplete” (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and
(2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term.
(d) Definitions.—
In this section:
(1) The term “covered education” means a course of education—
(A) at an institution of higher education; and
(B) paid for with educational assistance furnished under a law administered by the Secretary.
(2) The term “covered member” means a member of the Armed Forces (including the reserve components) enrolled in covered education.
(3) The term “covered service” means—
(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or
(B) State active duty, as defined in section 4303 of this title.
(4) The term “institution concerned” means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.
(5) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(6) The term “period of covered service” means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.
(Added Pub. L. 117–328, div. U, title II, § 216(a), Dec. 29, 2022, 136 Stat. 5455.)
38 U.S.C. § 5302B (VETERANS’ BENEFITS)
§ 5302B. Prohibition of debt arising from overpayment due to delay in processing
(a) Limitation.—
(1) Except as provided in paragraph (2), no individual may incur a debt to the United States that—
(A) arises from the participation of the individual in a program or benefit administered by the Under Secretary for Benefits; and
(B) is attributable to the failure of an employee or official of the Department to process information provided by or on behalf of that individual within applicable timeliness standards established by the Secretary.
(2) Nothing in this section shall be construed to affect the penal and forfeiture provisions for fiduciaries set forth in chapter 61 of this title.
(b) Notice.—
(1) If the Secretary determines that the Secretary has made an overpayment to an individual, the Secretary shall provide notice to the individual of the overpayment.
(2) Notice under paragraph (1) shall include a detailed explanation of the right of the individual—
(A) to dispute the overpayment, including a detailed explanation of the process by which to dispute the overpayment; or
(B) to request a waiver of indebtedness.
(c) Delay on Collection.—
(1) Subject to paragraph (2), the Secretary may not take any action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) of this section until the date that is 90 days after the date the Secretary issues such notice.
(2) The Secretary may take action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) of this section before the date that is 90 days after the date the Secretary issues such notice if the Secretary determines that delaying such action is—
(A) likely to make repayment of such overpayment more difficult for an individual;
(B) likely to cause an unpaid debt to be referred to the Treasury Offset Program; or
(C) not in the best interest of the individual.
(Added Pub. L. 117–328, div. U, title II, § 252(a)(1), Dec. 29, 2022, 136 Stat. 5462.)
heading: Statutory Notes and Related Subsidiaries
heading: Regulations
text: Pub. L. 117–328, div. U, title II, § 252(a)(3), Dec. 29, 2022, 136 Stat. 5463, provided that: “The Secretary of Veterans Affairs shall prescribe regulations to establish standards under section 5302B(a)(2) of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022].”