38 U.S.C. § 901 — Authority to prescribe rules for conduct and penalties for violations
submitted 35 years ago by Pub. L. 102-83 to r/title-38-VETERANS-BENEFITS · 294 words · no verdicts yet
The Secretary must issue rules for order and protection on Department property and set penalties for violations. This section also protects the use of covered service dogs and requires the rules and penalties to be posted.
(a)(1) The Secretary* must issue regulations to maintain law and order and protect people and property on Department* property.
(2) In this chapter, “Department property” means land and buildings under the Department’s jurisdiction that are not controlled by the Administrator of General Services.
(b) Regulations under subsection (a) must include—
(1) rules for conduct on Department property; and
(2) penalties, within the limits in subsection (c), for breaking those rules.
(c) Anyone who breaks a rule issued under subsection (b)(1) must be fined under title 18, imprisoned for no more than six months, or both. The Secretary may set a lower maximum fine, a shorter maximum imprisonment term, or both, by regulation. Such a regulation applies despite any contrary provision of title 18 or another law.
(d) The rules issued under subsection (a), and the penalties for breaking them, must be posted conspicuously on the property where they apply.
(e) Before issuing regulations under this section, the Secretary must consult the Attorney General.
(f)(1) The Secretary may not prohibit use of a covered service dog in a Department facility or on Department property, or in a facility or on property that receives funding from the Secretary.
(2) A “covered service dog” is a service dog trained by an entity accredited by an appropriate accrediting body that evaluates and accredits organizations that train guide or service dogs.
The Secretary* shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department* property.
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.
Regulations under subsection (a) shall include—
rules for conduct on Department property; and
the penalties, within the limits specified in subsection (c), for violations of such rules.
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.
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.
The Secretary shall consult with the Attorney General before prescribing regulations under this section.
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.
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.
Source credit: (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.)
- 1991Enacted · Pub. L. 102-83 · 105 Stat. 397
- 2012Amended · Pub. L. 112-154 · 126 Stat. 1174
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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