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38 U.S.C. § 501Rules and regulations

submitted 35 years ago by Pub. L. 102-83 to r/title-38-VETERANS-BENEFITS · 233 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Veterans Affairs can write rules needed to carry out veterans' benefits laws. These rules must cite the specific law they're based on. The Department must follow federal rules on publishing legal interpretations and public rulemaking, with one exception for loans, grants, and benefits.

(a) The Secretary can write any rules and regulations needed to carry out the laws the Department administers, as long as they match those laws. This includes: (1) rules about what proof and evidence are needed to establish a right to benefits, and how to gather and submit them; (2) the forms claimants must use to apply; (3) how investigations and medical exams are conducted; and (4) how decisions and awards are made and written up. (b) Any rule, regulation, guideline, or other published interpretation or order (and any changes to it) issued under this section or any other part of this title must cite the specific law or legal authority it's based on. That citation must appear right after each substantive part of the document. (c) When applying section 552(a)(1) of title 5 to the Department, the Secretary must make sure the Department follows subparagraphs (C), (D), and (E) of that section — especially for opinions and interpretations from the General Counsel. (d) Section 553 of title 5 — the public rulemaking process — applies to matters involving loans, grants, or benefits the Secretary administers, except that subsection (a)(2) of that section (which would otherwise exempt these matters) does not apply.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws, including—

(1)

regulations with respect to the nature and extent of proof and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws;

(2)

the forms of application by claimants under such laws;

(3)

the methods of making investigations and medical examinations; and

(4)

the manner and form of adjudications and awards.

(b)

Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the authority granted by this section or any other provision of this title shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is based. The citation to the authority shall appear immediately following each substantive provision of the issuance.

(c)

In applying section 552(a)(1) of title 5 to the Department, the Secretary shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel.

(d)

The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Secretary.

Source credit: (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-83 · 105 Stat. 386

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-83 on 1991-08-06.

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