CHAPTER 3 —DEPARTMENT OF VETERANS AFFAIRS
Editorial Notes
Prior Provisions
Prior
Section 201,
Section 202,
Section 203, added
Section 210,
Section 211,
Section 212,
Section 213,
Section 214,
Section 215,
Section 216, added
Another prior section 216,
Section 217,
Section 218, added
Section 219, added
Section 220, added
Section 221, added
Section 222, added
Section 223, added
Section 224, added
Section 230,
Section 231,
Section 232,
Section 233,
Section 234,
Section 235, added
Section 236, added
Section 240, added
Section 241, added
Section 242, added
Section 243, added
Section 244, added
Section 245, added
Section 246, added
Amendments
2022—
2017—
2008—
2006—
2003—
1998—
1997—
1996—
1994—
1992—
1991—
§301. Department
(a) The Department of Veterans Affairs is an executive department of the United States.
(b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans.
(c) The Department is composed of the following:
(1) The Office of the Secretary.
(2) The Veterans Health Administration.
(3) The Veterans Benefits Administration.
(4) The National Cemetery Administration.
(5) The Board of Veterans' Appeals.
(6) The Veterans' Canteen Service.
(7) The Board of Contract Appeals.
(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary.
(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).
(Added
Editorial Notes
Prior Provisions
Prior section 301 was renumbered
Provisions similar to those in subsec. (a) of this section were contained in section 2 of
Provisions similar to those in subsec. (b) of this section were contained in
Amendments
1998—Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Department of Veterans Affairs Personnel Transparency
"(1) review the administration of the internet website required by section 505(a)(1) of the VA MISSION Act of 2018 (
"(2) develop recommendations for such legislative or administrative action as the Inspector General considers appropriate for such administration; and
"(3) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on—
"(A) the findings of the Inspector General with respect to the most recent review conducted under paragraph (1); and
"(B) the recommendations most recently developed under paragraph (2)."
"(a)
"(1)
"(A) The number of personnel encumbering positions.
"(B) The number of accessions and separation actions processed during the quarter preceding the date of the publication of the information.
"(C) The number of vacancies, by occupation.
"(D) The percentage of new hires for the Department who were hired within the time-to-hire target of the Office of Personnel Management, disaggregated by administration.
"(E) Beginning with any update under paragraph (3) on or after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 [Jan. 5, 2021], the following:
"(i) For employees appointed under paragraphs (1) and (3) of
"(ii) The percentage of employees who are described in clause (i) compared to all employees appointed under paragraphs (1) and (3) of section 7401 of such title during the same period.
"(iii) The average number of days potential hires or new hires appointed under paragraphs (1) and (3) of section 7401 of such title spent in each phase of the Time to Hire Model, or successor model.
"(2)
"(3)
"(4)
"(5)
"(b)
Department of Veterans Affairs Franchise Fund
Renaming of Veterans Health Services and Research Administration
"(a)
"(b)
Department of Veterans Affairs Act
"SECTION 1. SHORT TITLE.
"This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Act'.
"SEC. 2. ESTABLISHMENT OF VETERANS' ADMINISTRATION AS AN EXECUTIVE DEPARTMENT.
"The Veterans' Administration is hereby redesignated as the Department of Veterans Affairs and shall be an executive department in the executive branch of the Government.
"[SECS. 3 to 5. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402 .]
"SEC. 6. VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION.
"The establishment within the Veterans' Administration known as the Department of Medicine and Surgery is hereby redesignated as the Veterans Health Services and Research Administration of the Department of Veterans Affairs.
"SEC. 7. VETERANS BENEFITS ADMINISTRATION.
"The establishment within the Veterans' Administration known as the Department of Veterans' Benefits is hereby redesignated as the Veterans Benefits Administration of the Department of Veterans Affairs.
"SEC. 8. OFFICE OF THE GENERAL COUNSEL.
"[(a) Repealed.
"(b)
"SEC. 9. OFFICE OF THE INSPECTOR GENERAL.
"(a)
"[(b) Repealed.
"SEC. 10. REFERENCES.
"Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Veterans' Administration—
"(1) to the Administrator of Veterans' Affairs shall be deemed to refer to the Secretary of Veterans Affairs;
"(2) to the Veterans' Administration shall be deemed to refer to the Department of Veterans Affairs;
"(3) to the Deputy Administrator of Veterans' Affairs shall be deemed to refer to the Deputy Secretary of Veterans Affairs;
"(4) to the Chief Medical Director of the Veterans' Administration shall be deemed to refer to the Chief Medical Director [now Under Secretary for Health] of the Department of Veterans Affairs;
"(5) to the Department of Medicine and Surgery of the Veterans' Administration shall be deemed to refer to the Veterans Health Services and Research Administration of the Department of Veterans Affairs;
"(6) to the Chief Benefits Director of the Veterans' Administration shall be deemed to refer to the Chief Benefits Director [now Under Secretary for Benefits] of the Department of Veterans Affairs;
"(7) to the Department of Veterans' Benefits of the Veterans' Administration shall be deemed to refer to the Veterans Benefits Administration of the Department of Veterans Affairs;
"(8) to the Chief Memorial Affairs Director of the Veterans' Administration shall be deemed to refer to the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] of the Department of Veterans Affairs; and
"(9) to the Department of Memorial Affairs of the Veterans' Administration shall be deemed to refer to the National Cemetery System [now National Cemetery Administration] of the Department of Veterans Affairs.
"SEC. 11. SAVINGS PROVISIONS.
"(a)
"(1) which have been issued, made, granted, or allowed to become effective by the President, by the Administrator of Veterans' Affairs, or by a court of competent jurisdiction, in the performance of functions of the Administrator or the Veterans' Administration; and
"(2) which are in effect on the effective date of this Act [Mar. 15, 1989];
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent jurisdiction, or by operation of law.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1) who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e);
"(2) who continues to serve as Chief Medical Director [now Under Secretary for Health] or Chief Benefits Director [now Under Secretary for Benefits] of such department under section 3(f) or (g), respectively;
"(3) who acts as the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] under section 3(h); or
"(4) who acts as General Counsel of the Department of Veterans Affairs under section 8(b);
after the effective date of this Act and before the first appointment of a person to such position after such date shall continue to be compensated for so serving or acting at the rate at which such person was compensated before the effective date of this Act.
"[SEC. 12. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402 .]
"SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.
"After consultation with the appropriate committees of the Congress, the Secretary of Veterans Affairs shall prepare and submit to the Congress proposed legislation containing technical and conforming amendments to
"[SEC. 16. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402 .]
"SEC. 18. EFFECTIVE DATE.
"(a)
"(b)
Executive Documents
Order of Succession
For order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under
Ex. Ord. No. 13793. Improving Accountability and Whistleblower Protection at the Department of Veterans Affairs
Ex. Ord. No. 13793, Apr. 27, 2017, 82 F.R. 20539, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(b) To the extent permitted by law, the Office shall:
(i) advise and assist the Secretary in using, as appropriate, all available authorities to discipline or terminate any VA manager or employee who has violated the public's trust and failed to carry out his or her duties on behalf of veterans, and to recruit, reward, and retain high-performing employees;
(ii) identify statutory barriers to the Secretary's authority to discipline or terminate any employee who has jeopardized the health, safety, or well-being of a veteran, and to recruit, reward, and retain high-performing employees; and report such barriers to the Secretary for consideration as to the need for legislative changes;
(iii) work closely with relevant VA components to ensure swift and effective resolution of veterans' complaints of wrongdoing at the VA; and
(iv) work closely with relevant VA components to ensure adequate investigation and correction of wrongdoing throughout the VA, and to protect employees who lawfully disclose wrongdoing from retaliation.
(c) In establishing the Office, the Secretary shall consider, in addition to any other relevant factors:
(i) whether some or all of the functions of the Office are currently performed by an existing VA office, component, or program;
(ii) whether certain administrative capabilities necessary for operating the Office are redundant with those of another VA office, component, or program; and
(iii) whether combining the Office with another VA office, component, or program may improve the VA's efficiency, effectiveness, or accountability.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§302. Seal
(a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal.
(b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof.
(Added
Editorial Notes
Prior Provisions
Prior section 302 was renumbered
Provisions similar to those in this section were contained in
§303. Secretary of Veterans Affairs
There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Statutory Notes and Related Subsidiaries
Plan for Reduction of Backlog of Freedom of Information Act Requests
"(a)
"(1)
"(2)
"(A) Improving and acquiring technology, including with respect to searching email and other electronic information, and the timelines for such improvement, to ensure that the information technology of the Department of Veterans Affairs is capable of carrying out the plan.
"(B) Identification of efficient procedures, policies, and systems of the Department that could be developed to allow employees of the Department responsible for replying to requests under such section 552 to search and review documents rather than other employees of the Department.
"(C) A schedule for carrying out the plan, including key milestones and metrics.
"(b)
"(c)
"(1)
"(A)
"(B)
"(i) The plan established under subsection (a).
"(ii) An analysis of the root causes of the backlog of Freedom of Information Act requests.
"(iii) Recommendations with respect to any additional resources or legislative action the Secretary determines necessary for such implementation.
"(2)
"(A) carrying out the plan under subsection (a), including any updates or changes made to the plan; and
"(B) the compliance by the Department as described in subsection (b).
"(3)
"(d)
Waiver of Pay Caps for Employees of Department of Veterans Affairs During Public Health Emergencies
"(a)
"(b)
"(1)
"(2)
"(A) Where the waiver or waivers were used, including in which component of the Department and, as the case may be, which medical center of the Department.
"(B) For how many employees the waiver or waivers were used, disaggregated by component of the Department and, if applicable, medical center of the Department.
"(C) The average amount by which each payment exceeded the waived pay limitation that was waived, disaggregated by component of the Department and, if applicable, medical center of the Department.
"(c)
[For definition of "public health emergency" as used in section 20008 of
Provision by Department of Veterans Affairs of Personal Protective Equipment for Home Health Workers
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
[For definition of "public health emergency" as used in section 20009 of
Secretary's Approval of Research Using Canines, Felines, or Non-Human Primates
"(a) None of the funds appropriated or otherwise made available by this Act [div. A of
"(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after the date of enactment of this Act, using canines, felines, or non-human primates if the Secretary certifies that—
"(A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates and cannot be met using other animal models, in vitro models, computational models, human clinical studies, or other research alternatives;
"(B) such scientific objectives are necessary to advance research benefiting veterans and are directly related to an illness or injury that is combat-related as defined by
"(C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document; and
"(D) ethical considerations regarding minimizing the harm experienced by canines, felines, or non-human primates are included in evaluating the scientific necessity of the research.
"(2) The Secretary may not delegate the authority under this subsection.
"(c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing—
"(1) the nature of the research to be conducted using canines, felines, or non-human primates;
"(2) the date on which the Secretary approved the research;
"(3) the USDA pain category on the approved use;
"(4) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates, and methods used to make such determination;
"(5) the frequency and duration of such research; and
"(6) the protocols in place to ensure the necessity, safety, and efficacy of the research, and animal welfare.
"(d) Not later than 180 days after the date of the enactment of this Act [Mar. 9, 2024], and biannually thereafter, the Secretary shall submit to such Committees a report describing—
"(1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report;
"(2) the circumstances under which such research was conducted using canines, felines, or non-human primates;
"(3) the justification for using canines, felines, or non-human primates to conduct such research;
"(4) the protocols in place to ensure the necessity, safety, and efficacy of such research; and
"(5) the development and adoption of alternatives to canines, felines, or non-human primate research.
"(e) Not later than 180 days after the date of the enactment of this Act [Mar. 9, 2024], and annually thereafter, the Department of Veterans Affairs must submit to voluntary U.S. Department of Agriculture inspections of canine, feline, and non-human primate research facilities.
"(f) Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to such Committees a report describing —
"(1) any violations of the Animal Welfare Act, the Public Health Service Policy on Humane Care and Use of Laboratory Animals, or other Department of Veterans Affairs policies related to oversight of animal research found during that quarter in VA research facilities;
"(2) immediate corrective actions taken; and
"(3) specific actions taken to prevent their recurrence.
"(g) The Department shall implement a plan under which the Secretary will eliminate the research conducted using canines, felines, or non-human primates by not later than 2 years after the date of enactment of this Act."
Similar provisions were contained in the following prior appropriation acts:
Plans for Use of Supplemental Appropriations Required
Inclusion in Annual Budget Submission of Information on Capacity of Veterans Benefits Administration To Process Benefits Claims
"(a)
"(b)
"(1) An estimate of the average number of claims for benefits under the laws administered by the Secretary, excluding such claims completed during mandatory overtime, that a single full-time equivalent employee of the Administration should be able to process in a year, based on the following:
"(A) A time and motion study that the Secretary shall conduct on the processing of such claims.
"(B) Such other information relating to such claims as the Secretary considers appropriate.
"(2) A description of the actions the Secretary will take to improve the processing of such claims.
"(3) An assessment of the actions identified by the Secretary under paragraph (2) in the previous year and an identification of the effects of those actions.
"(c)
Information To Be Included in Budget Justification Documents for Construction, Major Projects Account
"(a) In fiscal year 2017 and each fiscal year hereafter, beginning with the fiscal year 2018 budget request submitted to Congress pursuant to
"(b) The budget justification documents submitted pursuant to subsection (a) shall include, for each project—
"(1) the estimated total cost of the project;
"(2) the funding provided for each fiscal year prior to the budget year;
"(3) the amount requested for the budget year;
"(4) the estimated funding required for the project for each of the 4 fiscal years succeeding the budget year; and
"(5) such additional information as is enumerated under the heading relating to the 'Construction, Major Projects' account of the Department of Veterans Affairs in the joint explanatory statement accompanying this Act.
"(c) Not later than 45 days after the date of enactment of this Act [Sept. 29, 2016], the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a proposed budget justification template that complies with the requirements of this section."
[For definition of "joint explanatory statement accompanying this Act" as used in section 258 of div. A of
Notice to Congressional Veterans Committees of Certain Transfers of Funds
National Center on War-Related Illnesses and Post-Deployment Health Issues
"(a)
"(1) carrying out and promoting research regarding the etiologies, diagnosis, treatment, and prevention of war-related illnesses and post-deployment health issues; and
"(2) promoting the development of appropriate health policies, including monitoring, medical recordkeeping, risk communication, and use of new technologies.
"(b)
"(1) make recommendations regarding: (A) design of an organizational structure or structures, operational scope, staffing and resource needs, establishment of appropriate databases, the advantages of single or multiple sites, mechanisms for implementing recommendations on policy, and relationship to academic or scientific entities; (B) the role or roles that relevant Federal departments and agencies should have in the establishment and operation of any such center or centers; and (C) such other matters as it considers appropriate; and
"(2) report to the Secretary, the Secretaries of Defense and Health and Human Services, and the Committees on Veterans' Affairs of the Senate and House of Representatives, not later than 1 year after the date of the enactment of this Act [Nov. 11, 1998], on its recommendations.
"(c)
Specification in Budget Submissions of Funds for Certain Veterans Benefits
"(a)
"(1) Employment services and other employment benefits under programs administered by the Secretary of Labor.
"(2) Compensation under
"(3) Dependency and Indemnity Compensation under
"(4) Pension under
"(5) Inpatient hospital care under
"(6) Outpatient medical care under
"(7) Nursing home care under
"(8) Domiciliary care under
"(9) Readjustment counseling services under section 1712A of such title.
"(10) Insurance under
"(11) Specially adapted housing for disabled veterans under
"(12) Burial benefits under
"(13) Educational assistance under chapters 30, 32, and 34 of such title and
"(14) Vocational rehabilitation services under
"(15) Survivors' and dependents' educational assistance under
"(16) Home loan benefits under
"(17) Automobiles and adaptive equipment under
"(b)
Information and Training Concerning AIDS Prevention
"(a)
"(b)
"(1) develop, in consultation with the Surgeon General of the United States and the Director of the Centers for Disease Control and Prevention, publications and other materials containing information on AIDS, including information on the prevention of infection with the human immunodeficiency virus;
"(2) provide for periodic dissemination of publications (including the Surgeon General's Report on AIDS) and other materials containing such information;
"(3) make publications and other suitable materials containing such information readily available in Department of Veterans Affairs health-care facilities and such other Department of Veterans Affairs facilities as the Secretary considers appropriate; and
"(4) disseminate information (including the Surgeon General's Report on AIDS) on the risk of transmission of the human immunodeficiency virus, and information on preventing the transmission of such virus, to Department of Veterans Affairs substance abuse treatment personnel, to each person being furnished treatment by the Department of Veterans Affairs for drug abuse, and to each person receiving care or services from the Department of Veterans Affairs whom the Secretary believes to be at high risk for AIDS.
"(c)
Definition of "Public Health Emergency"
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Secretary of Veterans Affairs, see Parts 1, 2, and 27 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
§304. Deputy Secretary of Veterans Affairs
There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in
Executive Documents
Order of Succession
For order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under
§305. Under Secretary for Health
(a)(1) There is in the Department an Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate.
(2) The Under Secretary for Health shall be appointed without regard to political affiliation or activity and solely—
(A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, or in health-care fiscal management; and
(B) on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope.
(b) The Under Secretary for Health is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration.
(c)(1) Whenever a vacancy in the position of Under Secretary for Health occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.
(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:
(A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration.
(B) Two persons representing veterans served by the Veterans Health Administration.
(C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The Chairman of the Special Medical Advisory Group established under
(F) One person who has held the position of Under Secretary for Health (including service as Chief Medical Director of the Veterans' Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.
(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Health. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.
(Added and amended
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3(b) of
Amendments
2006—Subsecs. (c), (d).
2004—Subsec. (a)(2).
Subsec. (a)(2)(A).
1994—Subsec. (a)(1).
Subsec. (d)(2)(F).
1992—
1991—Subsec. (d)(2)(F).
Statutory Notes and Related Subsidiaries
Change of Name
"(1) to the Chief Medical Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Health of the Department of Veterans Affairs; and
"(2) to the Chief Benefits Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Benefits of the Department of Veterans Affairs."
§306. Under Secretary for Benefits
(a) There is in the Department an Under Secretary for Benefits, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Benefits shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in—
(1) fiscal management; and
(2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope.
(b) The Under Secretary for Benefits is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration.
(c)(1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.
(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:
(A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration.
(B) Two persons representing veterans served by the Veterans Benefits Administration.
(C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The chairman of the Veterans' Advisory Committee on Education formed under
(F) One person who has held the position of Under Secretary for Benefits (including service as Chief Benefits Director of the Veterans' Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.
(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.
(Added and amended
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3(c) of
Amendments
2006—Subsecs. (c), (d).
1994—Subsec. (a).
Subsec. (d)(2)(F).
1992—
1991—Subsec. (d)(2)(F).
Statutory Notes and Related Subsidiaries
Change of Name
§307. Under Secretary for Memorial Affairs
There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3(d) of
Amendments
1998—
§308. Assistant Secretaries; Deputy Assistant Secretaries
(a)(1) There shall be in the Department not more than seven Assistant Secretaries.
(2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate.
(3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate:
(A) The Assistant Secretary for Management.
(B) The Assistant Secretary for Human Resources and Administration.
(C) The Assistant Secretary for Public and Intergovernmental Affairs.
(D) The Assistant Secretary for Operations, Security, and Preparedness.
(b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following functions:
(1) Budgetary and financial functions.
(2) Personnel management and labor relations functions.
(3) Planning, studies, and evaluations.
(4) Management, productivity, and logistic support functions.
(5) Information management functions as required by
(6) Capital facilities and real property program functions.
(7) Equal opportunity functions.
(8) Functions regarding the investigation of complaints of employment discrimination within the Department.
(9) Functions regarding intergovernmental, public, and consumer information and affairs.
(10) Procurement functions.
(11) Operations, preparedness, security, and law enforcement functions.
(12) The functions set forth in
(c) Whenever the President nominates an individual for appointment as an Assistant Secretary, the President shall include in the communication to the Senate of the nomination a statement of the particular functions of the Department specified in subsection (b), and any other functions of the Department, the individual will exercise upon taking office.
(d)(1) There shall be in the Department such number of Deputy Assistant Secretaries, not exceeding 19, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by the Secretary and shall perform such functions as the Secretary prescribes.
(2) At least two-thirds of the number of positions established and filled under paragraph (1) shall be filled by individuals who have at least five years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment as a Deputy Assistant Secretary. For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position—
(A) of a confidential, policy-determining, policy-making, or policy-advocating character;
(B) in which such individual served as a noncareer appointee in the Senior Executive Service, as such term is defined in
(C) to which such individual was appointed by the President.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in sections 4(a), (b), (e) and 5 of
Amendments
2017—Subsec. (b)(12).
2012—Subsec. (a).
2002—Subsec. (a).
Subsec. (b)(11).
Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
§309. Chief Financial Officer
The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 4(c) of
Statutory Notes and Related Subsidiaries
Matters Relating to the Chief Financial Officer of Department of Veterans Affairs
"SEC. 7101. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(A) includes—
"(i) the chief financial officer of the Veterans Health Administration, the chief financial officer of the Office of Community Care within the Veterans Health Administration, and all chief financial officers of Veterans Integrated Service Networks within the Veterans Health Administration;
"(ii) the chief financial officer of the Veterans Benefits Administration and all chief financial officers of organizational subdivisions representing business lines within the Veterans Benefits Administration;
"(iii) the chief financial officer of the National Cemetery Administration; and
"(iv) the chief financial officer of the Office of Information and Technology; and
"(B) does not include the Inspector General.
"SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAKNESSES AND PROVIDING SUFFICIENT AUTHORITY TO CHIEF FINANCIAL OFFICER OF DEPARTMENT OF VETERANS AFFAIRS.
"Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], and annually thereafter for each of the three subsequent years, the Secretary of Veterans Affairs, acting through the Chief Financial Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees—
"(1) an action plan, including steps, related timelines, costs, progress, status of implementation, and any updates for fully addressing the material weaknesses of the Department discussed in the Management's Discussion and Analysis section of the financial statements of the Department submitted to Congress under
"(2) a plan outlining the steps the Secretary plans to take to address the recommendations of auditors related to entity-level internal controls and to provide sufficient authority to the Chief Financial Officer of the Department to carry out the requirements of
"SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION.
"Concurrent with the submittal to Congress of the President's budget request under
"(1) A certification of the responsibility of the Chief Financial Officer for internal financial controls of the Department.
"(2) An attestation that the Chief Financial Officer has collaborated sufficiently with the subordinate chief financial officers of the Department to be confident in the financial projections included [in] the budget request and supporting materials.
"SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR SUBORDINATE CHIEF FINANCIAL OFFICERS.
"(a)
"(1) participate in the interview and selection panels of all subordinate chief financial officers; and
"(2) give input into the performance plans and performance evaluations of all subordinate chief financial officers.
"(b)
§310. Chief Information Officer
(a) The Chief Information Officer for the Department is designated pursuant to
(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under
(Added
Editorial Notes
Prior Provisions
Prior section 310 was renumbered
Provisions similar to those in this section were contained in section 4(d) of
Amendments
2002—Subsec. (b).
1997—Subsec. (b).
1996—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Creation of Office of Research Reviews Within the Office of Information and Technology of the Department of Veterans Affairs
"(a)
"(b)
"(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)
"(1)
"(2)
"(A) The number of security reviews completed.
"(B) The number of personnel assigned for performing the functions described in subsection (b)."
§311. General Counsel
There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department.
(Added
Editorial Notes
Prior Provisions
Prior section 311 was renumbered
Provisions similar to those in this section were contained in section 8(a) of
§312. Inspector General
(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in
(b)(1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.
(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to
(c)(1) Whenever the Inspector General, in carrying out the duties and responsibilities established under
(A) submit the work product to—
(i) the Secretary;
(ii) the Committee on Veterans' Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate;
(iii) the Committee on Veterans' Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives;
(iv) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(v) any Member of Congress upon request; and
(B) the Inspector General shall submit all final work products to—
(i) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(ii) any Member of Congress upon request; and
(C) not later than 3 days after the work product is submitted in final form to the Secretary, post the work product on the Internet website of the Inspector General.
(2) Nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure by any other provision of law.
(d)(1)(A) In addition to the authority otherwise provided by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and in accordance with the requirements of this subsection, the Inspector General, in carrying out the provisions of this section, may require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and this section, which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate district court of the United States.
(B) The Inspector General may not require by subpoena the attendance and testimony under subparagraph (A) of—
(i) any current Federal employee; or
(ii) any witness as part of any criminal proceeding.
(2) The authority to issue a subpoena under paragraph (1) may not be delegated.
(3)(A) The Inspector General shall notify the Attorney General of the intent to issue a subpoena under paragraph (1).
(B) Not later than 10 days after the date on which the Attorney General is notified pursuant to subparagraph (A), the Attorney General may object in writing to the issuance of the subpoena if the subpoena will interfere with an ongoing investigation and, if the Attorney General makes such an objection, the Inspector General may not issue the subpoena.
(C) If the Attorney General does not object in writing to the issuance of the subpoena during the 10-day period described in subparagraph (B), the Inspector General may issue the subpoena.
(4) Before requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the degree practicable—
(A) notify the witness of the intent of the Inspector General to issue the subpoena; and
(B) provide the witness an opportunity to attend and testify voluntarily.
(5) Whenever requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the greatest extent practicable, travel to residence 2 of the witness, the principal place of business of the witness, or other similar location that is in proximity to the residence of the witness.
(6)(A) Along with each semiannual report submitted by the Inspector General pursuant to section 5(b) of the Inspector General Act of 1978 (
(B) Each report submitted under subparagraph (A) shall include, for the most recently completed six-month period, the following:
(i) The number of testimonial subpoenas issued and the number of individuals interviewed pursuant to such subpoenas.
(ii) The number of proposed testimonial subpoenas with respect to which the Attorney General objected under paragraph (3)(B).
(iii) A discussion of any challenges or concerns that the Inspector General has encountered exercising the authority provided by paragraph (1).
(iv) Such other matters as the Inspector General considers appropriate.
(7)(A) The authority provided by paragraph (1)(A) shall terminate on May 31, 2025.
(B) The termination of authority by subparagraph (A) shall not affect the enforceability of a subpoena issued under paragraph (1)(A) before the date of such termination.
(Added
Editorial Notes
References in Text
The Inspector General Act of 1978 and that Act, referred to in subsecs. (a) and (d)(1)(A), (6)(A), is
Prior Provisions
Prior section 312 was renumbered
Provisions similar to those in this section were contained in section 9(b) of
Amendments
2022—Subsec. (a).
Subsec. (c)(1).
Subsec. (d).
2016—Subsec. (c)(1).
2015—Subsec. (c).
1994—Subsec. (a).
Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2022 Amendment
"(1)
"(2)
1 See References in Text note below.
2 So in original. Probably should be preceded by "the".
§312A. Director of Construction and Facilities Management
(a)
(2) The position of Director of Construction and Facilities Management is a career reserved position, as such term is defined in
(3) The Director shall provide direct support to the Secretary in matters covered by the responsibilities of the Director under subsection (c).
(4) The Director shall report to the Deputy Secretary in the discharge of the responsibilities of the Director under subsection (c).
(b)
(1) holds an undergraduate or master's degree in architectural design or engineering; and
(2) has substantive professional experience in the area of construction project management.
(c)
(A) be responsible for overseeing and managing the planning, design, construction, and operation of facilities and infrastructure of the Department, including major and minor construction projects; and
(B) perform such other functions as the Secretary shall prescribe.
(2) In carrying out the oversight and management of construction and operation of facilities and infrastructure under this section, the Director shall be responsible for the following:
(A) Development and updating of short-range and long-range strategic capital investment strategies and plans of the Department.
(B) Planning, design, and construction of facilities for the Department, including determining architectural and engineering requirements and ensuring compliance of the Department with applicable laws relating to the construction program of the Department.
(C) Management of the short-term and long-term leasing of real property by the Department.
(D) Repair and maintenance of facilities of the Department, including custodial services, building management and administration, and maintenance of roads, grounds, and infrastructure.
(E) Management of procurement and acquisition processes relating to the construction and operation of facilities of the Department, including the award of contracts related to design, construction, furnishing, and supplies and equipment.
(Added
§313. Availability of appropriations
(a) Funds appropriated to the Department may remain available until expended.
(b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless—
(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and
(2) the settlement is provided for specifically in an appropriation law.
(Added
Editorial Notes
Prior Provisions
Prior section 313 was renumbered
Provisions similar to those in this section were contained in
Statutory Notes and Related Subsidiaries
Recurring Expenses Transformational Fund
§314. Central Office
The Central Office of the Department shall be in the District of Columbia.
(Added
Editorial Notes
Prior Provisions
Prior section 314 was renumbered
Provisions similar to those in this section were contained in
§315. Regional offices
(a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary.
(b) The Secretary may maintain a regional office in the Republic of the Philippines until September 30, 2024.
(Added
Editorial Notes
Prior Provisions
Prior section 315 was renumbered
Provisions similar to those in this section were contained in
Amendments
2022—Subsec. (b).
2020—Subsec. (b).
2019—Subsec. (b).
2018—Subsec. (b).
2017—Subsec. (b).
2016—Subsec. (b).
2015—Subsec. (b).
2014—Subsec. (b).
2013—Subsec. (b).
2012—Subsec. (b).
2011—Subsec. (b).
2010—Subsec. (b).
2009—Subsec. (b).
2003—Subsec. (b).
1999—Subsec. (b).
1994—Subsec. (b).
1993—Subsec. (b).
1992—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Effect of Amendment
Ratification of Maintenance of Office During Lapsed Period
§316. Colocation of regional offices and medical centers
(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department—
(1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or
(2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation.
(b)(1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a).
(2) Such real property shall be used as the site of a facility—
(A) constructed and owned by the lessee of such real property; and
(B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate.
(c)(1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department.
(2) Each agreement for such a lease shall provide—
(A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and
(B) that the ownership of the facility shall vest in the United States at the end of such lease.
(d)(1) The Secretary may sublease any space in such a facility to another party at a rate not less than—
(A) the rental rate paid by the Secretary for such space under subsection (c); plus
(B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabilitation costs) which are attributable to such space.
(2) In any such sublease, the Secretary shall include such terms relating to default and nonperformance as the Secretary considers appropriate to protect the interests of the United States.
(e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c).
(f)(1) Subject to paragraph (3)(A), the Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following:
(A) Identification of the site to be developed.
(B) Minimum office space requirements for regional office activities.
(C) Design criteria of the facility to be constructed.
(D) A plan for meeting the security and parking needs for the facility and its occupants and visitors.
(E) A statement of current and projected rents and other costs for regional office activities.
(F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility.
(G) A plan for securing appropriate licenses, easements, and rights-of-way.
(H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned.
(2) Subject to paragraph (3)(B), the Secretary shall—
(A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and
(B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two additional colocations,
unless the Secretary determines that it is not economically feasible for the Department to undertake them, taking into consideration all of the tangible and intangible benefits associated with such colocations.
(3) The Secretary shall—
(A) at least 10 days before the issuance or other publication of the invitation referred to in paragraph (1), submit a copy of the invitation to the Committees on Veterans' Affairs of the Senate and House of Representatives; and
(B) at least 30 days before entering into an agreement under paragraph (2), submit a copy to the Committees on Veterans' Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1).
(g) The authority to enter into an agreement under this section shall expire on September 30, 1992.
(Added
Editorial Notes
Prior Provisions
Prior section 316 was renumbered
§317. Center for Minority Veterans
(a) There is in the Department a Center for Minority Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.
(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with respect to veterans who are minorities:
(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minorities.
(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are minorities are eligible.
(3) Promote the use of benefits authorized by this title by veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with outreach activities carried out under
(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minorities.
(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minorities and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.
(6) Analyze and evaluate complaints made by or on behalf of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.
(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minorities.
(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are minorities.
(9) Publicize the results of medical research which are of particular significance to veterans who are minorities.
(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (
(11) Provide support and administrative services to the Advisory Committee on Minority Veterans provided for under
(12) Perform such other duties consistent with this section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year—
(1) detailed information on the budget for the Center;
(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and
(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.
(g) In this section—
(1) The term "veterans who are minorities" means veterans who are minority group members.
(2) The term "minority group member" has the meaning given such term in
(Added
Editorial Notes
Prior Provisions
Prior section 317, added
Amendments
1996—Subsec. (b).
Subsec. (d)(10) to (12).
Subsec. (g).
§318. Center for Women Veterans
(a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.
(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with respect to veterans who are women:
(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women.
(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible.
(3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under
(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women.
(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.
(6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.
(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women.
(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women.
(9) Publicize the results of medical research which are of particular significance to veterans who are women.
(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (
(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under
(12) Perform such other duties consistent with this section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year—
(1) detailed information on the budget for the Center;
(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and
(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.
(Added
Editorial Notes
Prior Provisions
Prior sections 321, 322, and 331 to 335 were renumbered
Prior section 336,
Prior sections 337, 341, and 342 were renumbered
Prior section 343,
Prior sections 351 to 355 were renumbered
Prior section 356,
Prior sections 357 to 363 were renumbered
Prior sections 401 and 402 were renumbered
Prior section 403,
Prior sections 404, 410 to 418, and 421 to 423 were renumbered
Amendments
1996—Subsec. (b).
Subsec. (d)(10).
Statutory Notes and Related Subsidiaries
Assessment of Use by Women Veterans of Department of Veterans Affairs Health Services
§319. Office of Employment Discrimination Complaint Adjudication
(a)(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director.
(2) The Director shall be a career appointee in the Senior Executive Service.
(3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office.
(b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner.
(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision.
(c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon.
(d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel.
(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner.
(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Reports on Implementation
§320. Department of Veterans Affairs-Department of Defense Joint Executive Committee
(a)
(2) The Committee is composed of—
(A) the Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate;
(B) the Under Secretary of Defense for Personnel and Readiness and such other officers and employees of the Department of Defense as the Secretary of Defense may designate;
(C) the Assistant Secretary of Labor for Veterans' Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and
(D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee.
(3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness.
(b)
(2) The two Departments shall supply appropriate staff and resources to provide administrative support and services. Support for such purposes shall be provided at a level sufficient for the efficient operation of the Committee, including a subordinate Health Executive Committee, a subordinate Benefits Executive Committee, a subordinate Transition Executive Committee, and such other committees or working groups as considered necessary by the Deputy Secretary and Under Secretary.
(c)
(2) The Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations as the Committee considers appropriate.
(d)
(1) Review existing policies, procedures, and practices relating to the coordination and sharing of resources between the two Departments.
(2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency and effectiveness of the delivery of benefits and services to veterans, service members, military retirees, and their families through an enhanced Department of Veterans Affairs and Department of Defense partnership, including with respect to job training and post-service placement.
(3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either Department.
(4) Review the plans of both Departments for the acquisition of additional resources, especially new facilities and major equipment and technology, in order to assess the potential effect of such plans on further opportunities for the coordination and sharing of resources.
(5) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments.
(6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee.
(e)
(1) review existing policies, procedures, and practices of the Departments (including the military departments) with respect to job training and post-service placement programs; and
(2) identify changes to such policies, procedures, and practices to improve job training, transition from life in the Armed Forces to civilian life, and post-service placement.
(Added
Editorial Notes
Amendments
2023—Subsec. (a)(2)(C), (D).
Subsec. (a)(3).
Subsec. (b)(2).
Subsec. (d)(6).
Subsec. (e).
Subsec. (e)(2).
2015—Subsec. (b)(2).
Subsec. (d)(2).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Joint Program for Development and Evaluation of Integrated Healing Care Practices for Members of the Armed Forces and Veterans
"(a)
"(b)
§321. Office of Survivors Assistance
(a)
(1) to survivors and dependents of deceased veterans; and
(2) to survivors and dependents of deceased members of the Armed Forces.
(b)
(c)
(d)
(e)
(Added
§322. Office of National Veterans Sports Programs and Special Events
(a)
(b)
(1) shall establish and carry out qualifying programs and events;
(2) may provide for sponsorship by the Department of qualifying programs and events;
(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events;
(4) shall, to the extent feasible, cooperate with entities with significant experience in managing large-scale adaptive sports programs;
(5) shall seek sponsorships and donations from the private sector to defray costs of carrying out the responsibilities of the Director to the maximum extent feasible; and
(6) may carry out such other responsibilities as the Secretary determines are appropriate.
(c)
(d)
(A) a veteran with a disability invited by the United States Olympic Committee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Olympic Committee or who is residing at a United States Olympic Committee training center; and
(B) a veteran with a VA service-connected disability rated as 30 percent or greater by the Department of Veterans Affairs who is selected by the United States Olympic Committee for the United States Olympic Team for any month in which the veteran is competing in any event sanctioned by the National Governing Bodies of the United States Olympic Sports.
(2) The amount of the monthly assistance payable to a veteran under paragraph (1) shall be equal to the monthly amount of subsistence allowance that would be payable to the veteran under
(3) In providing assistance under this subsection, the Secretary shall give priority to veterans with service-connected disabilities.
(4) There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2010 through 2026.
(e)
(1) American Samoa.
(2) Guam.
(3) Puerto Rico.
(4) The Northern Mariana Islands.
(5) The United States Virgin Islands.
(f)
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (f), is the date of enactment of
Amendments
2022—Subsec. (d)(4).
2020—Subsec. (d)(4).
2018—Subsec. (d)(4).
2017—Subsec. (d)(4).
2016—Subsec. (d)(1).
Subsec. (d)(4).
2015—Subsec. (d)(4).
2013—Subsec. (b)(4).
Subsec. (d)(1).
Subsec. (d)(4).
Subsecs. (e), (f).
Statutory Notes and Related Subsidiaries
Change of Name
References to the United States Olympic Committee deemed to refer to the United States Olympic and Paralympic Committee, see
Effective Date of 2013 Amendment
"(a)
"(b)
Findings and Purpose
"(a)
"(1) In 1998, Congress enacted the Olympic and Amateur Sports Act Amendments of 1998 (33 [36] U.S.C. 101 note) [see Short Title of 1998 Amendment note set out under
"(2) The United States Olympic Committee [now United States Olympic and Paralympic Committee] manages and administers the Paralympic Program for physically disabled athletes.
"(3) The Department of Veterans Affairs provides health care to veterans and administers recreational activities for patients including the Golden Age Games, the National Veterans Wheelchair Games, and the Winter Sports Clinic.
"(4) In 2005, the United States Olympic Committee [now United States Olympic and Paralympic Committee] entered into a memorandum of understanding with the Secretary of Veterans Affairs to increase interest in and access to Paralympic sports programs for veterans with physical disabilities by coordinating the activities of the United States Olympic Committee with the Department of Veterans Affairs.
"(5) The Paralympic Program has a significant positive effect on the quality of life of disabled veterans and disabled members of the Armed Forces who participate in the program, including helping to improve the mobility, vitality, and physical, psychological, and social well-being of such participants and reducing the incidence of secondary medical conditions in those participants.
"(6) Because of Operation Iraqi Freedom and Operation Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially and it is therefore desirable to supplement the rehabilitation and recreation programs of the Department of Veterans Affairs through sports for disabled veterans and members of the Armed Forces.
"(b)
"(1) To promote the lifelong health of disabled veterans and disabled members of the Armed Forces through regular participation in physical activity and sports.
"(2) To enhance the recreation activities provided by the Department of Veterans Affairs by promoting disabled sports from the local level through elite levels and by creating partnerships among organizations specializing in supporting, training, and promoting programs for disabled veterans.
"(3) To provide training and support to national and local organizations to provide Paralympic sports training to disabled veterans and disabled members of the Armed Forces in their own communities.
"(4) To provide support to the United States Paralympics, Inc., to increase the participation of disabled veterans and disabled members of the Armed Forces in sports."
§323. Office of Accountability and Whistleblower Protection
(a)
(b)
(2) The head of the Office shall be known as the "Assistant Secretary for Accountability and Whistleblower Protection".
(3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office.
(4) Notwithstanding
(c)
(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust in the Department.
(B) Issuing reports and providing recommendations related to the duties described in subparagraph (A).
(C) Receiving whistleblower disclosures.
(D) Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant Secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.
(E) Receiving and referring disclosures from the Special Counsel for investigation to the Medical Inspector of the Department, the Inspector General of the Department, or such other person with investigatory authority, as the Assistant Secretary considers appropriate.
(F) Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the Department, the Medical Inspector of the Department, the Special Counsel, and the Comptroller General of the United States, including the imposition of disciplinary actions and other corrective actions contained in such recommendations.
(G) Analyzing data from the Office and the Office of Inspector General telephone hotlines, other whistleblower disclosures, disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the Secretary based on analysis conducted under this subparagraph.
(H) Receiving, reviewing, and investigating allegations of misconduct, retaliation, or poor performance involving—
(i) an individual in a senior executive position (as defined in
(ii) an individual employed in a confidential, policy-making, policy-determining, or policy-advocating position in the Department; or
(iii) a supervisory employee, if the allegation involves retaliation against an employee for making a whistleblower disclosure.
(I) Making such recommendations to the Secretary for disciplinary action as the Assistant Secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph (F) or (H).
(2) In carrying out the functions of the Office, the Assistant Secretary shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures.
(3) In any case in which the Assistant Secretary receives a whistleblower disclosure from an employee of the Department under paragraph (1)(C), the Assistant Secretary may not disclose the identity of the employee without the consent of the employee, except in accordance with the provisions of
(d)
(e)
(f)
(B) Each report submitted under subparagraph (A) shall include, for the period covered by the report, the following:
(i) A full and substantive analysis of the activities of the Office, including such statistical information as the Assistant Secretary considers appropriate.
(ii) Identification of any issues reported to the Secretary under subsection (c)(1)(G), including such data as the Assistant Secretary considers relevant to such issues and any trends the Assistant Secretary may have identified with respect to such issues.
(iii) Identification of such concerns as the Assistant Secretary may have regarding the size, staffing, and resources of the Office and such recommendations as the Assistant Secretary may have for legislative or administrative action to address such concerns.
(iv) Such recommendations as the Assistant Secretary may have for legislative or administrative action to improve—
(I) the process by which concerns are reported to the Office; and
(II) the protection of whistleblowers within the Department.
(v) Such other matters as the Assistant Secretary considers appropriate regarding the functions of the Office or other matters relating to the Office.
(2) If the Secretary receives a recommendation for disciplinary action under subsection (c)(1)(I) and does not take or initiate the recommended disciplinary action before the date that is 60 days after the date on which the Secretary received the recommendation, 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 detailed justification for not taking or initiating such disciplinary action.
(g)
(1) The term "supervisory employee" means an employee of the Department who is a supervisor as defined in
(2) The term "whistleblower" means one who makes a whistleblower disclosure.
(3) The term "whistleblower disclosure" means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department which the employee or individual reasonably believes evidences—
(A) a violation of a law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(Added
§324. Cost of War Toxic Exposures Fund
(a)
(b)
(c)
(1) the delivery of veterans' health care associated with exposure to environmental hazards in the active military, naval, air, or space service in programs administered by the Under Secretary for Health;
(2) any expenses incident to the delivery of veterans' health care and benefits associated with exposure to environmental hazards in the active military, naval, air, or space service, including administrative expenses, such as information technology and claims processing and appeals, and excluding leases as authorized or approved under
(3) medical and other research relating to exposure to environmental hazards.
(d)
(A) in the baseline for purposes of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (
(B) by the Chairman of the Committee on the Budget of the Senate and the Chair of the Committee on the Budget of the House of Representatives, as appropriate, for purposes of budget enforcement in the Senate and the House of Representatives;
(C) under the Congressional Budget Act of 1974 (
(D) for purposes of the Statutory Pay-As-You-Go Act of 2010 (
(2) No amount appropriated to the Fund in fiscal year 2023 or any subsequent fiscal year pursuant to this section shall be counted as discretionary budget authority and outlays or as direct spending for any estimate of an appropriation Act under the Congressional Budget and Impoundment Control Act of 1974 (
(3) Notwithstanding the Budget Scorekeeping Guidelines and the accompanying list of programs and accounts set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, and for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (
(e)
(f)
(Added
Editorial Notes
References in Text
The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (d)(1), is
The Congressional Budget Act of 1974, referred to in subsec. (d)(1)(C), (3), is titles I through IX of
The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (d)(1)(D), is title I of
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (d)(2), is
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(3), is title II of