38 U.S.C. § 901
SHORT TITLE.
“This title may be cited as the ‘Jason Simcakoski Memorial and Promise Act’.
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1953–2023 · leading case: Preminger v. Sec'y of Vets. Affairs, 517 F.3d 1299 (Fed. Cir. 2008).
Preminger v. Sec'y of Vets. Affairs, 517 F.3d 1299 (Fed. Cir. 2008). “128(a)(14) was promulgated pursuant to 38 U.S.C. § 901 , which gives the Secretary authority to “prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property.”
United States v. Maes, 546 F.3d 1066 (9th Cir. 2008). “Section 901 also addresses the possibility that the VA regulations will set a different punishment than would apply under the criminal statutes: The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a…”
United States v. James A. Kimes, 246 F.3d 800 (6th Cir. 2001). “218 (b)(39), and violation of that rule is a crime under 38 U.S.C. § 901 (c).) The defendant presents four assignments of error: (1) that the district court erred in failing to suppress evidence consisting of two knives found in the defendant’s vehicle; (2) that the district…”
Patrick J. Griffin, Iii, & Gregory S. Clemmer v. Sec'y of Vets. Affairs, 288 F.3d 1309 (Fed. Cir. 2002). “§ 218a (now 38 U.S.C. § 901 ), was issued in 1985 and sets forth security and law enforcement regulations applicable at all VA facilities and property not administered by the General Services Administration.”
Harris v. United States Dep't of Vets. Affairs, 776 F.3d 907 (D.C. Cir. 2015). “” 38 U.S.C. § 901 (a)(1). Violations of such regulations may be punished by fines or imprisonment for not more than six months, or both.”
Robert Rosebrock v. Ronald Mathis, 745 F.3d 963 (9th Cir. 2014). “75 , 79 (codified as amended at 38 U.S.C. § 901 ), the VA promulgated 38 C.”
Preminger v. Sec'y of Vets. Affairs, 498 F.3d 1265 (Fed. Cir. 2007). “128(a)(14) was promulgated pursuant to 38 U.S.C. § 901 , which gives the Secretary authority to “prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property.”
United States v. Strong, 724 F.3d 51 (1st Cir. 2013). “" 38 U.S.C. § 901 (d). -14- identical to Strong's was reading the language "precisely backwards," because the language states that the rules do apply to all persons on the property and then requires posting.”
United States v. Irby, 269 F. App'x 246 (4th Cir. 2008). “1 Irby moved for a judgment of acquittal before the magistrate judge, arguing that the government had failed to offer into evidence any proof that the regulations under which he had been charged were posted at the property, as required by 38 U.S.C. § 901 (d) and 38 C.F.R. §…”
United States v. Jamison Krahenbuhl, 88 F.4th 678 (7th Cir. 2023). “The enabling statute, 38 U.S.C. § 901 , obligates the VA Sec- retary to prescribe regulations for “land and buildings that are under the jurisdiction of the Department and are not un- der control of the Administrator of General Services.”
Lincoln Hockey LLC v. Dist. of Columbia Dep't of Emp. Servs., 810 A.2d 862 (D.C. 2002). “The Capitals note that the current WCA replaced the Long-shore and Harbor Workers’ Compensation Act, 38 U.S.C. §§ 901 et seq.; Hively, 681 A.2d at 1162 .”
United States v. Debra M. Shepard, 362 F. App'x 107 (11th Cir. 2010). “Pursuant to 38 U.S.C. § 901 , the VA Secretary may set forth regulations to maintain law and order on VA property.”
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