PRIA, Government Policy, Made Personal

Summary

The Secretary must make rules needed to run the Department’s laws, as long as those rules follow the laws. These rules can say what proof and evidence are required and how to give them, what claim forms to use, how investigations and medical exams are done, and how decisions and awards are made and written. Every rule, guideline, or order made under this power must show the statute or legal authority it is based on, with the citation placed right after each main rule. When applying section 552(a)(1) of title 5 to the Department, the Secretary must follow subparagraphs (C), (D), and (E), especially for opinions and interpretations of the General Counsel. Section 553 of title 5 applies to loans, grants, or benefits the Secretary handles, and subsection (a)(2) of section 553 does not apply.

Title 38, §501

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Editorial Notes

Prior Provisions

Prior section 501 was renumbered section 1501 of this title. Provisions similar to those in this section were contained in section 210(c)(1) and 223(a), (b) of this title prior to repeal by Pub. L. 102–83, § 2(a).

§501 Rules and Regulations

Summary

Title 38, §501

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata