U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 73— VETERANS HEALTH ADMINISTRATION—ORGANIZATION AND FUNCTIONS › Subchapter SUBCHAPTER II— GENERAL AUTHORITY AND ADMINISTRATION

38 U.S.C. § 102

TELESCREENING MAMMOGRAPHY PILOT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.

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“(a)In General.—Commencing not later than 18 months after the date of the enactment of this Act [June 7, 2022], the Secretary of Veterans Affairs shall carry out a pilot program to provide telescreening mammography services for veterans who live in—“(1) States where the Department of Veterans Affairs does not offer breast imaging services at a facility of the Department; or“(2) locations where access to breast imaging services at a facility of the Department is difficult or not feasible, as determined by the Secretary.“(b)Duration.—The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program.“(c)Locations.—In carrying out the pilot program under subsection (a), the Secretary may use community-based outpatient clinics, mobile mammography, Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4))), rural health clinics, critical access hospitals, clinics of the Indian Health Service, and such other sites as the Secretary determines feasible to provide mammograms under the pilot program.“(d)Sharing of Images and Results.—Under the pilot program under subsection (a)—“(1) mammography images generated shall be sent to a telescreening mammography center of the Department for interpretation by qualified radiologists; and“(2) results shall be shared with the veteran and their primary care provider in accordance with policies established by the Secretary.“(e)Report.—“(1)In general.—Not later than one year after the conclusion of the pilot program under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report evaluating the pilot program.“(2)Elements.—The report required by paragraph (1) shall include the following:“(A) An assessment of the quality of the mammography provided under the pilot program under subsection (a).“(B) Feedback from veterans and providers participating in the pilot program.“(C) A recommendation of the Secretary on the continuation or discontinuation of the pilot program.
Notes of Decisions
Cited in 9 cases, 1957–2012 · leading case: Frontiero v. Richardson, 411 U.S. 677 (1973).
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Frontiero v. Richardson, 411 U.S. 677 (1973). · cites it 2× “1961 ; 38 U. S. C. § 102 (b), as amended, 86 Stat.”
Paeco, Inc., in No. 76-1495 v. Applied Moldings, Inc. & Michael R. Sigal, in No. 76-1496 v. Arlen Realty & Dev. Corp, 562 F.2d 870 (3rd Cir. 1977). “38 U.S.C. § 102 (a) provides: A person shall be entitled to a patent unless— (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent.”
Silbowitz v. Sec'y of Health, Educ. & Welfare, 397 F. Supp. 862 (S.D. Fla. 1975). “” In October, 1972, Congress amended 38 U.S.C. § 102 (b) which defines the term “dependent” for the purpose of determining the amount of education assistance allowance armed forces veterans are eligible to receive.”
Gostovich v. Valore, 153 F. Supp. 826 (W.D. Pa. 1957). · cites it 2× “Schlesinger is, of course, in conflict with 38 U.S.C.A. § 102 , which limits fees to attorneys practicing before the Veterans Administration to amounts not exceeding $10.”
Descamp Est., 175 A.2d 827 (Pa. 1961). “, passed by Congress in 1946, supersedes 38 U.S.C.A. §102 et seq., which became effective in 1936.”
Drago Gostovich v. A. Valore, Adjudication Officer, Vets. Admin., Pittsburgh, Pennsylvania, 257 F.2d 144 (3rd Cir. 1958). “As a result of the Veterans’ Benefits Act of 1957, which became effective January 1, 1958, 38 U.S.C.A. § 102 is now 38 U.S. C.A. § 3604.”
Merlin M. Evans v. Robert C. Watson, Comm'r of Patents, 269 F.2d 775 (D.C. Cir. 1959). “§ 261 , the Veterans Administration Statute, 38 U.S. C.A. § 102, * the Department of the Interior Statute, 5 U.”
Michele D. Burden v. Eric K. Shinseki, 25 Vet. App. 178 (Vet. App. 2012). “38 U.S.C. § 102 (31); see also 38 U.S.C. § 101 (3) (defining "surviving spouse” for purposes of title 38 as, inter alia, "a person of the opposite sex who was a spouse of the veteran at the time of the veteran's death"); 38 C.”
Kolmes v. World Elastic Corp., 882 F. Supp. 1565 (M.D.N.C. 1994). “Defendant also alleges that Plaintiffs were not the first to invent the patented yarn, as required by 38 U.S.C. § 102 (a). However, the court has not found evidence of a prior date of invention by any other party.”
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