38 U.S.C. § 501 — Rules and regulations

Page 78 TITLE 38—VETERANS’ BENEFITS § 501 93–344, July 12, 1974, 88 Stat. 297. For complete classi- fication of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(3), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. Statutory Notes and Related Subsidiaries AUTHORITY TO USE APPROPRIATIONS TO ENHANCE CLAIMS PROCESSING CAPACITY AND AUTOMATION Pub. L. 117–168, title VII, § 701(a), Aug. 10, 2022, 136 Stat. 1794, provided that: ‘‘The Secretary of Veterans Affairs may use, from amounts appropriated to the Cost of War Toxic Exposures Fund established by sec- tion 324 of title 38, United States Code, as added by sec- tion 805 of this Act, such amounts as may be necessary to continue the modernization, development, and ex- pansion of capabilities and capacity of information technology systems and infrastructure of the Veterans Benefits Administration, including for claims automa- tion, to support expected increased claims processing for newly eligible veterans pursuant to this Act [see Short Title of 2022 Amendment note set out under sec- tion 101 of this title].’’ CHAPTER 5—AUTHORITY AND DUTIES OF THE SECRETARY SUBCHAPTER I—GENERAL AUTHORITIES Sec. 501. Rules and regulations. 502. Judicial review of rules and regulations. 503. Administrative error; equitable relief. 505. Opinions of Attorney General. 510. Authority to reorganize offices. 511. Decisions of the Secretary; finality. 512. Delegation of authority; assignment of func- tions and duties. 513. Contracts and personal services. 515. Administrative settlement of tort claims. 516. Equal employment responsibilities. 517. Quarterly reports to Congress on conferences sponsored by the Department. SUBCHAPTER II—SPECIFIED FUNCTIONS 521. Assistance to certain rehabilitation activi- ties. 521A. Adaptive sports programs for disabled vet- erans and members of the Armed Forces. 522. Studies of rehabilitation of disabled persons. 523. Coordination and promotion of other pro- grams affecting veterans and their depend- ents. 525. Publication of laws relating to veterans. 527. Evaluation and data collection. 529. Annual report to Congress. 530. Annual report on program and expenditures for domestic response to weapons of mass destruction. 531. Requirements relating to naming of Depart- ment property. 532. Authority to advertise in national media; VetStar Award Program. 533. Anti-harassment and anti-sexual assault pol- icy. SUBCHAPTER III—ADVISORY COMMITTEES 541. Advisory Committee on Former Prisoners of War. Sec. 542. Advisory Committee on Women Veterans. 543. Advisory Committee on Prosthetics and Spe- cial-Disabilities Programs. 544. Advisory Committee on Minority Veterans. 545. Advisory Committee on the Readjustment of Veterans. 546. Advisory Committee on Disability Compensa- tion. 547. Advisory Committee on Tribal and Indian Af- fairs. 548. Advisory Committee on United States Out- lying Areas and Freely Associated States. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. E, title LI, § 5102(a), Dec. 23, 2022, 136 Stat. 3205, added item 548. Pub. L. 117–137, § 1(b), June 7, 2022, 136 Stat. 1255, added item 531 and struck out former item 531 ‘‘Re- quirement relating to naming of Department prop- erty’’. 2021—Pub. L. 116–315, title V, § 5303(b), title VII, § 7002(a)(2), Jan. 5, 2021, 134 Stat. 5041, 5057, added items 533 and 547. 2015—Pub. L. 114–58, title VI, § 601(2), Sept. 30, 2015, 129 Stat. 538, which directed amendment of this analysis by striking item ‘‘521A’’ and adding item 521A, was exe- cuted by striking item 512A ‘‘Adaptive sports programs for disabled veterans and members of the Armed Forces’’ and adding item 521A, to reflect the probable intent of Congress. 2013—Pub. L. 113–59, § 5(h)(2), Dec. 20, 2013, 127 Stat. 662, which directed amendment of this analysis by striking item 521A and adding item ‘‘512A’’, was exe- cuted by striking item 521A ‘‘Assistance for United States Olympic Committee’’ and adding item 512A in the position for item 521A, to reflect the probable in- tent of Congress. Pub. L. 113–37, § 2(b)(3), Sept. 30, 2013, 127 Stat. 524, added item 521A and struck out former item 521A ‘‘As- sistance for United States Paralympics, Inc.’’ 2012—Pub. L. 112–154, title VII, §§ 707(b), 709(b)(2), Aug. 6, 2012, 126 Stat. 1207, 1208, added item 517 and sub- stituted ‘‘Authority to advertise in national media; VetStar Award Program’’ for ‘‘Authority to advertise in national media’’ in item 532. 2008—Pub. L. 110–389, title II, § 214(b), title VII, § 702(b), title VIII, § 809(b), Oct. 10, 2008, 122 Stat. 4154, 4183, 4190, added items 521A, 532, and 546. 1998—Pub. L. 105–368, title IX, § 906(b), title X, § 1001(a)(2), Nov. 11, 1998, 112 Stat. 3362, 3363, added items 530 and 531. 1997—Pub. L. 105–114, title I, § 101(a)(2), Nov. 21, 1997, 111 Stat. 2279, added item 516. 1996—Pub. L. 104–262, title III, § 333(a)(2), Oct. 9, 1996, 110 Stat. 3200, added item 545. 1994—Pub. L. 103–446, title V, § 510(b), Nov. 2, 1994, 108 Stat. 4670, added item 544. 1992—Pub. L. 102–405, title I, § 105(b)(2), Oct. 9, 1992, 106 Stat. 1976, added item 543. SUBCHAPTER I—GENERAL AUTHORITIES § 501. Rules and regulations (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; Page 79 TITLE 38—VETERANS’ BENEFITS § 503 (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 au- thority granted by this section or any other pro- vision 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 sub- stantive 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 Sec- retary. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386.) Editorial Notes PRIOR PROVISIONS Prior section 501 was renumbered section 1501 of this title. Provisions similar to those in this section were con- tained in sections 210(c)(1) and 223(a), (b) of this title prior to repeal by Pub. L. 102–83, § 2(a). § 502. Judicial review of rules and regulations An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is sub- ject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Ap- peals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 110–389, title I, § 102, Oct. 10, 2008, 122 Stat. 4148.) Editorial Notes PRIOR PROVISIONS Prior section 502 was renumbered section 1502 of this title. Provisions similar to those in this section were con- tained in section 223(c) of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 2008—Pub. L. 110–389 struck out ‘‘(other than an ac- tion relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title)’’ after ‘‘refers’’. § 503. Administrative error; equitable relief (a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such re- lief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary de- termines is equitably entitled to such moneys. (b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reli- ance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equi- table, including the payment of moneys to any person whom the Secretary determines is equi- tably entitled to such moneys. (c) Not later than April 1 of each year, the Secretary shall submit to Congress a report con- taining a statement as to the disposition of each case recommended to the Secretary for equi- table relief under this section during the pre- ceding calendar year. No report shall be required under this subsection after December 31, 2025. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106–419, title IV, § 403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–233, title IV, § 403, June 15, 2006, 120 Stat. 411; Pub. L. 111–275, title VIII, § 808, Oct. 13, 2010, 124 Stat. 2893; Pub. L. 113–175, title IV, § 403, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 404, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 404, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 404, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 164, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, § 5402, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title II, § 203, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 118–83, div. B, title III, § 335, Sept. 26, 2024, 138 Stat. 1542.) Editorial Notes PRIOR PROVISIONS Prior sections 503 and 504 were renumbered sections 1503 and 1504 of this title, respectively. Provisions similar to those in this section were con- tained in section 210(c)(2), (3) of this title prior to re- peal by Pub. L. 102–83, § 2(a). AMENDMENTS 2024—Subsec. (c). Pub. L. 118–83 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2024’’. 2022—Subsec. (c). Pub. L. 117–180 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2022’’. 2020—Subsec. (c). Pub. L. 116–159 substituted ‘‘Decem- ber 31, 2022’’ for ‘‘December 31, 2020’’. 2018—Subsec. (c). Pub. L. 115–251 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2018’’. 2017—Subsec. (c). Pub. L. 115–62 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (c). Pub. L. 114–228 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (c). Pub. L. 114–58 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (c). Pub. L. 113–175 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2010—Subsec. (c). Pub. L. 111–275 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2009’’. 2006—Subsec. (c). Pub. L. 109–233 substituted ‘‘Decem- ber 31, 2009’’ for ‘‘December 31, 2004’’. 2000—Subsec. (c). Pub. L. 106–419 inserted at end ‘‘No report shall be required under this subsection after De- cember 31, 2004.’’