38 U.S.C. § 310

Chief Information Officer

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(a) The Chief Information Officer for the Department is designated pursuant to section 3506(a)(2) of title 44.(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under chapter 35 of title 44 and subtitle III of title 40.(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 382; amended Pub. L. 104–106, div. E, title LVI, § 5604, Feb. 10, 1996, 110 Stat. 700; Pub. L. 105–85, div. A, title X, § 1073(h)(3), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 107–217, § 3(j)(2), Aug. 21, 2002, 116 Stat. 1300.)Editorial NotesPrior Provisions

Prior section 310 was renumbered section 1110 of this title.

Provisions similar to those in this section were contained in section 4(d) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).

Amendments

2002—Subsec. (b). Pub. L. 107–217 substituted “subtitle III of title 40” for “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)”.

1997—Subsec. (b). Pub. L. 105–85 substituted “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” for “the Information Technology Management Reform Act of 1996”.

1996—Pub. L. 104–106 substituted “Chief Information Officer” for “Chief Information Resources Officer” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d), relating to designation, powers, and duties of the Chief Information Resources Officer.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702.

Creation of Office of Research Reviews Within the Office of Information and Technology of the Department of Veterans Affairs

Pub. L. 116–171, title VII, § 705, Oct. 17, 2020, 134 Stat. 830, provided that:“(a)In General.—Not later than one year after the date of the enactment of this Act [Oct. 17, 2020], the Secretary of Veterans Affairs shall establish within the Office of Information and Technology of the Department of Veterans Affairs an Office of Research Reviews (in this section referred to as the ‘Office’).“(b)Elements.—The Office shall do the following:“(1) Perform centralized security reviews and complete security processes for approved research sponsored outside the Department, with a focus on multi-site clinical trials.“(2) Develop and maintain a list of commercially available software preferred for use in sponsored clinical trials of the Department and ensure such list is maintained as part of the official approved software products list of the Department.“(3) Develop benchmarks for appropriate timelines for security reviews conducted by the Office.“(c)Report.—“(1)In general.—Not later than one year after the establishment of the Office, the Office shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the activity of the Office.“(2)Elements.—The report required by paragraph (1) shall include, at a minimum, the following:“(A) The number of security reviews completed.“(B) The number of personnel assigned for performing the functions described in subsection (b).”

Notes of Decisions

Cited in 59 cases (4 in the last 5 years), 1960–2023 · leading case: In Re \Agent Orange\" Prod. Liab. Litig.", 506 F. Supp. 737 (E.D.N.Y 1979).

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In Re \Agent Orange\" Prod. Liab. Litig.", 506 F. Supp. 737 (E.D.N.Y 1979). · cites it 7× “And the rights and liabilities of the United States, itself, are not directly involved in this litigation, since plaintiffs “have chosen not to bring this action against the United States.” Id. at 4 . Thus, according to defendants, plaintiffs have failed to carry their burden of…”

Mansell v. Mansell, 490 U.S. 581 (1989). · cites it 2× “38 U. S. C. § 310 (wartime disability); § 331 (peacetime disability).”

Traynor v. Turnage, 485 U.S. 535 (1988). · cites it 2× “" 38 U. S. C. § 310 . See also § 521 (compensation for disabilities not connected with military service).”

Lanier v. Hines v. Anthony J. Principi, 18 Vet. App. 227 (Vet. App. 2004). · cites it 6× “The RO issued a Statement of the Case (SOC) in July 1976 concluding that "service connection for hypothyroidism is not established" and citing as pertinent laws and regulations only 38 U.S.C. §§ 310 and 331 and 38 C.F.R. § "3.”

In re \Agent Orange\" Prod. Liab. Litig.", 635 F.2d 987 (2d Cir. 1980). · cites it 3× “The court rejected defendants’ contention that these interests were already protected by the Congressionally-enacted scheme of veterans’ benefits, 38 U.S.C. § 310 et seq. (1976), 7 opining that [t]he limited nature of compensation provided by 38 U.”

Colvin v. Derwinski, 1 Vet. App. 171 (Vet. App. 1991). “38 U.S.C. § 310 (1988). In determining whether multiple sclerosis was incurred in or aggravated by service of more than ninety days during war, the veteran is given the benefit of a presumption that if he develops multiple sclerosis to a degree of ten percent within seven years…”

Thomas G. Joyce v. R. James Nicholson, 19 Vet. App. 36 (Vet. App. 2005). · cites it 2× “§§ 1110 (formerly 38 U.S.C. § 310 ), 1111 (formerly 38 U.S.”

Combee v. Brown, 5 Vet. App. 248 (Vet. App. 1993). · cites it 4× “For the reasons set forth below, my principal conclusions are: (1) 38 U.S.C. §§ 310 and 354(a) as in existence when Public Law 98-542 was enacted in 1984 established universally applicable rules requiring a case-by-case adjudication process as to all claims for service-connected…”

William F. Allen, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 237 F.3d 1368 (Fed. Cir. 2001). “The previous version of the statute, 38 U.S.C. § 310 , Pub.L.No. 85-857, 72 Stat.”

Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012). · cites it 2× “Compare 38 U.S.C. § 310 (1982) with 38 U.S.C. § 1110 (2010) and 38 U.”

Charles L. Degmetich, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 104 F.3d 1328 (Fed. Cir. 1997). “§ 1110 (1994) (formerly 38 U.S.C. § 310 ). Section 1110 covers injury or disease incurred in the line of duty “during a period of war.”

Ex Parte Billeck, 777 So. 2d 105 (Ala. 2000). · cites it 2× “See 38 U.S.C. § 310 (wartime disability) and § 331 (peacetime disability).”

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