PART I—GENERAL PROVISIONS

        

Editorial Notes

Amendments

1991—Pub. L. 102–83, §2(d)(2), Aug. 6, 1991, 105 Stat. 402, substituted "Department of Veterans Affairs . . . 301" for "Veterans' Administration; Officers and Employees . . . 201" in item for chapter 3 and added items for chapters 5, 7, and 9.

CHAPTER 1—GENERAL

        

Editorial Notes

Amendments

2020—Pub. L. 116–171, title III, §306(b), Oct. 17, 2020, 134 Stat. 805, added item 119.

2014—Pub. L. 113–235, div. I, title II, §244(c), Dec. 16, 2014, 128 Stat. 2569, added item 117 and struck out former item 117 "Advance appropriations for certain medical care accounts".

2013—Pub. L. 112–260, title II, §202(c), Jan. 10, 2013, 126 Stat. 2424, added item 111A.

2010—Pub. L. 111–275, title X, §1001(a), Oct. 13, 2010, 124 Stat. 2896, added item 118 and struck out former item 118 "Reports to Congress: submission in electronic form".

Pub. L. 111–163, title X, §1003(b), May 5, 2010, 124 Stat. 1183, added items 117 and 118 and struck out former item 117 "Advance appropriations for certain medical care accounts".

2009—Pub. L. 111–81, §3(b), Oct. 22, 2009, 123 Stat. 2138, which directed addition of item 117 after item 113, was executed by adding item 117 after item 116 to reflect the probable intent of Congress.

2000—Pub. L. 106–419, title IV, §403(d)(1)(B), Nov. 1, 2000, 114 Stat. 1864, added item 116.

1991—Pub. L. 102–86, title IV, §402(b), Aug. 14, 1991, 105 Stat. 422, added item 115.

1989—Pub. L. 101–237, title VI, §601(b)(2), Dec. 18, 1989, 103 Stat. 2094, struck out "for certain medical items" after "Multiyear procurement" in item 114.

1988—Pub. L. 100–322, title I, §108(e)(2), title IV, §404(b), May 20, 1988, 102 Stat. 498, 547, substituted "Payments or allowances for beneficiary travel" for "Travel expenses" in item 111 and added item 114.

1986—Pub. L. 99–576, title VI, §601(a)(2), title VII, §701(1)(B), Oct. 28, 1986, 100 Stat. 3289, 3290, struck out "; husbands" after "parents" in item 102 and added item 113.

1972—Pub. L. 92–540, title IV, §409, Oct. 24, 1972, 86 Stat. 1092, substituted "Dependent parents; husbands" for "Dependent parents and dependent husbands" in item 102.

1965—Pub. L. 89–88, §1(b), July 24, 1965, 79 Stat. 264, added item 112.

1964—Pub. L. 88–445, §1(c), Aug. 19, 1964, 78 Stat. 464, substituted "Preservation of disability ratings" for "Preservation of total disability ratings" in item 110.

§101. Definitions

For the purposes of this title—

(1) The terms "Secretary" and "Department" mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.

(2) The term "veteran" means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.

(3) The term "surviving spouse" means (except for purposes of chapter 19 of this title) a person of the opposite sex who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after September 19, 1962, lived with another person and held himself or herself out openly to the public to be the spouse of such other person.

(4)(A) The term "child" means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and section 8502(b) of this title) a person who is unmarried and—

(i) who is under the age of eighteen years;

(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or

(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;

and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Secretary to be the father of such child. A person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the veteran's surviving spouse before August 26, 1961, or within two years after the veteran's death; however, this sentence shall not apply if at the time of the veteran's death, such person was receiving regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse, or from any public or private welfare organization which furnishes services or assistance for children. A person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period. A person who has been placed for adoption under an agreement entered into by the adopting parent or parents with any agency authorized under law to so act shall be recognized thereafter as a legally adopted child, unless and until such agreement is terminated, if the child remains in the custody of the adopting parent or parents during the period of placement for adoption under such agreement. A person described in clause (ii) of the first sentence of this subparagraph who was a member of a veteran's household at the time the person became 18 years of age and who is adopted by the veteran shall be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of adoption.

(B) For the purposes of subparagraph (A) of this paragraph, in the case of an adoption under the laws of any jurisdiction other than a State (as defined in section 101(20) of this title and including the Commonwealth of the Northern Mariana Islands)—

(i) a person residing outside any of the States shall not be considered to be a legally adopted child of a veteran during the lifetime of such veteran (including for purposes of this subparagraph a Commonwealth Army veteran or new Philippine Scout, as defined in section 3566 of this title) unless such person—

(I) was less than eighteen years of age at the time of adoption;

(II) is receiving one-half or more of such person's annual support from such veteran;

(III) is not in the custody of such person's natural parent, unless such natural parent is such veteran's spouse; and

(IV) is residing with such veteran (or in the case of divorce following adoption, with the divorced spouse who is also an adoptive or natural parent) except for periods during which such person is residing apart from such veteran (or such divorced spouse) for purposes of full-time attendance at an educational institution or during which such person or such veteran (or such divorced spouse) is confined in a hospital, nursing home, other health-care facility, or other institution; and

(ii) a person shall not be considered to have been a legally adopted child of a veteran as of the date of such veteran's death and thereafter unless—

(I) at any time within the one-year period immediately preceding such veteran's death, such veteran was entitled to and was receiving a dependent's allowance or similar monetary benefit under this title for such person; or

(II) for a period of at least one year prior to such veteran's death, such person met the requirements of clause (i) of this subparagraph.

(5) The term "parent" means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before the veteran's entry into active military, naval, air, or space service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran's last entry into active military, naval, air, or space service.

(6) The term "Spanish-American War" (A) means the period beginning on April 21, 1898, and ending on July 4, 1902, (B) includes the Philippine Insurrection and the Boxer Rebellion, and (C) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898, and ending on July 15, 1903.

(7) The term "World War I" (A) means the period beginning on April 6, 1917, and ending on November 11, 1918, and (B) in the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920.

(8) The term "World War II" means (except for purposes of chapters 31 and 37 of this title) the period beginning on December 7, 1941, and ending on December 31, 1946.

(9) The term "Korean conflict" means the period beginning on June 27, 1950, and ending on January 31, 1955.

(10) The term "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof.

(11) The term "period of war" means the Spanish-American War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

(12) The term "veteran of any war" means any veteran who served in the active military, naval, air, or space service during a period of war.

(13) The term "compensation" means a monthly payment made by the Secretary to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957.

(14) The term "dependency and indemnity compensation" means a monthly payment made by the Secretary to a surviving spouse, child, or parent (A) because of a service-connected death occurring after December 31, 1956, or (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957.

(15) The term "pension" means a monthly or other periodic payment made by the Secretary to a veteran because of service, age, or non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran.

(16) The term "service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, air, or space service.

(17) The term "non-service-connected" means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, air, or space service.

(18) The term "discharge or release" includes (A) retirement from the active military, naval, air, or space service, and (B) the satisfactory completion of the period of active military, naval, air, or space service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable.

(19) The term "State home" means a home established by a State (other than a possession) or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) for veterans disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. Such term also includes such a home which furnishes nursing home care for veterans.

(20) The term "State" means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. For the purpose of section 2303 and chapters 34 and 35 of this title, such term also includes the Canal Zone.

(21) The term "active duty" means—

(A) full-time duty in the Armed Forces, other than active duty for training;

(B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps ¹ of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to "full military benefits" or (iii) at any time, for the purposes of chapter 13 of this title;

(C) full-time duty as a commissioned officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey (i) on or after July 29, 1945, or (ii) before that date (I) while on transfer to one of the Armed Forces, or (II) while, in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard, or (III) in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter, or (iii) at any time, for the purposes of chapter 13 of this title;

(D) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and

(E) authorized travel to or from such duty or service.

(22) The term "active duty for training" means—

(A) full-time duty in the Armed Forces performed by Reserves for training purposes;

(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps ¹ of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to "full military benefits", or (iii) at any time, for the purposes of chapter 13 of this title;

(C) in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law;

(D) duty performed by a member of a Senior Reserve Officers' Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and

(E) authorized travel to or from such duty.

The term does not include duty performed as a temporary member of the Coast Guard Reserve.

(23) The term "inactive duty training" means—

(A) duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps ¹ of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), by the Secretary concerned under section 206 of title 37 or any other provision of law;

(B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps ¹ of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and

(C) training (other than active duty for training) by a member of, or applicant for membership (as defined in section 8140(g) of title 5) in, the Senior Reserve Officers' Training Corps prescribed under chapter 103 of title 10.

In the case of a member of the Army National Guard or Air National Guard of any State, such term means duty (other than full-time duty) under sections 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. Such term does not include (i) work or study performed in connection with correspondence courses, (ii) attendance at an educational institution in an inactive status, or (iii) duty performed as a temporary member of the Coast Guard Reserve.

(24) The term "active military, naval, air, or space service" includes—

(A) active duty;

(B) any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and

(C) any period of inactive duty training during which the individual concerned was disabled or died—

(i) from an injury incurred or aggravated in line of duty; or

(ii) from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training.

(25) The term "Secretary concerned" means—

(A) the Secretary of the Army, with respect to matters concerning the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force or the Space Force;

(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard;

(E) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and

(F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey.

(26) The term "Reserve" means a member of a reserve component of one of the Armed Forces.

(27) The term "reserve component" means, with respect to the Armed Forces—

(A) the Army Reserve;

(B) the Navy Reserve;

(C) the Marine Corps Reserve;

(D) the Air Force Reserve;

(E) the Coast Guard Reserve;

(F) the Army National Guard of the United States; and

(G) the Air National Guard of the United States.

(28) The term "nursing home care" means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care.

(29) The term "Vietnam era" means the following:

(A) The period beginning on November 1, 1955, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

(B) The period beginning on August 5, 1964, and ending on May 7, 1975, in all other cases.

(30) The term "Mexican border period" means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto.

(31) The term "spouse" means a person of the opposite sex who is a wife or husband.

(32) The term "former prisoner of war" means a person who, while serving in the active military, naval air, or space service, was forcibly detained or interned in line of duty—

(A) by an enemy government or its agents, or a hostile force, during a period of war; or

(B) by a foreign government or its agents, or a hostile force, under circumstances which the Secretary finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war.

(33) The term "Persian Gulf War" means the period beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential proclamation or by law.

(34) The term "agency of original jurisdiction" means the activity which entered the original determination with regard to a claim for benefits under laws administered by the Secretary.

(35) The term "relevant evidence" means evidence that tends to prove or disprove a matter in issue.

(36) The term "supplemental claim" means a claim for benefits under laws administered by the Secretary filed by a claimant who had previously filed a claim for the same or similar benefits on the same or similar basis.

(37) The term "toxic exposure" includes the following:

(A) A toxic exposure risk activity, as defined in section 1710(e)(4) of this title.

(B) An exposure to a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.

(38) The term "toxic-exposed veteran" means any veteran described in section 1710(e)(1) of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1106; Pub. L. 86–195, Aug. 25, 1959, 73 Stat. 424; Pub. L. 87–674, §1, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–815, §3, Oct. 15, 1962, 76 Stat. 927; Pub. L. 88–450, §4(c), (d), Aug. 19, 1964, 78 Stat. 504; Pub. L. 89–311, §2(c)(1), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89–358, §4(d), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90–77, title II, §201, Aug. 31, 1967, 81 Stat. 181; Pub. L. 91–24, §§1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91–262, §1, May 21, 1970, 84 Stat. 256; Pub. L. 91–588, §9(a), (b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 91–621, §6(a)(1), (2), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 92–198, §5(a), Dec. 15, 1971, 85 Stat. 664; Pub. L. 92–540, title IV, §407, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–169, title I, §101(1), Dec. 23, 1975, 89 Stat. 1013; Pub. L. 94–417, §1(b), Sept. 21, 1976, 90 Stat. 1277; Pub. L. 95–126, §3, Oct. 8, 1977, 91 Stat. 1108; Pub. L. 95–202, title III, §309(a), Nov. 23, 1977, 91 Stat. 1446; Pub. L. 95–588, title III, §301, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 96–22, title IV, §401, June 13, 1979, 93 Stat. 62; Pub. L. 97–37, §3(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 97–295, §4(2), (95)(A), Oct. 12, 1982, 96 Stat. 1304, 1313; Pub. L. 97–306, title I, §113(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 98–223, title II, §201, Mar. 2, 1984, 98 Stat. 41; Pub. L. 99–576, title VII, §702(1), Oct. 28, 1986, 100 Stat. 3301; Pub. L. 100–322, title I, §103(a), title III, §311, May 20, 1988, 102 Stat. 493, 534; Pub. L. 100–456, div. A, title VI, §633(c), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101–237, §2(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L. 102–25, title III, §332, Apr. 6, 1991, 105 Stat. 88; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 102–54, §14(a)(1), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–446, title XII, §1201(a)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L. 104–275, title V, §505(a), Oct. 9, 1996, 110 Stat. 3342; Pub. L. 106–419, title III, §301(a), Nov. 1, 2000, 114 Stat. 1852; Pub. L. 107–14, §4(a)(2), June 5, 2001, 115 Stat. 26; Pub. L. 107–296, title XVII, §1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–163, div. A, title V, §515(e)(1), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 109–444, §8(b)(1), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§1004(b)(1), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. L. 110–389, title IV, §402(b), Oct. 10, 2008, 122 Stat. 4174; Pub. L. 115–55, §2(a), Aug. 23, 2017, 131 Stat. 1105; Pub. L. 116–259, title I, §107, Dec. 23, 2020, 134 Stat. 1160; Pub. L. 116–283, div. A, title IX, §926(a)(1), (b), Jan. 1, 2021, 134 Stat. 3829, 3831; Pub. L. 116–315, title II, §2001, title III, §3004(a), Jan. 5, 2021, 134 Stat. 4967, 4992; Pub. L. 117–168, title I, §102(b), Aug. 10, 2022, 136 Stat. 1761; Pub. L. 118–31, div. A, title XVII, §1723(a)(1), Dec. 22, 2023, 137 Stat. 674.)

Editorial Notes

References in Text

For definition of Canal Zone, referred to in par. (20), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments

2023—Par. (23)(A), (B). Pub. L. 118–31, §1723(a)(1)(A), inserted ", or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10)," after "(including commissioned officers of the Reserve Corps of the Public Health Service)".

Par. (27)(E) to (H). Pub. L. 118–31, §1723(a)(1)(B), redesignated subpars. (F), (G), and (H) as subpars. (E), (F), and (G), respectively, and struck out former subpar. (E) which read as follows: "the Space Force Reserve;".

2022—Pars. (37), (38). Pub. L. 117–168 added pars. (37) and (38).

2021—Par. (2). Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service".

Par. (5). Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in two places.

Par. (10). Pub. L. 116–283, §926(b)(1), inserted "Space Force," after "Air Force,".

Pars. (12), (16), (17). Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service".

Par. (18). Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in two places.

Par. (19). Pub. L. 116–315, §3004(a), inserted "or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304))" after "(other than a possession)".

Par. (24). Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in introductory provisions.

Par. (27)(E) to (H). Pub. L. 116–283, §926(b)(3), added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively.

Par. (29)(A). Pub. L. 116–315, §2001, substituted "November 1, 1955" for "February 28, 1961".

Par. (32). Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in introductory provisions.

2020—Par. (21)(C). Pub. L. 116–259 inserted "in the commissioned officer corps" before "of the National".

2017—Pars. (34) to (36). Pub. L. 115–55 added pars. (34) to (36).

2008—Par. (4)(A). Pub. L. 110–389 substituted "subparagraph (B) or (C) of section 1965(10)" for "section 1965(10)(B)" in introductory provisions.

2006—Par. (25)(D). Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note below.

Pub. L. 109–461, §1004(b)(1), made technical amendment to directory language of Pub. L. 107–296, §1704(d). See 2002 Amendment note below.

Pub. L. 109–444, which made amendment identical to amendment by Pub. L. 109–461, §1004(b)(1), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Par. (27)(B). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2002—Par. (25)(D). Pub. L. 107–296, §1704(d), as amended by Pub. L. 109–461, §1004(b)(1), substituted "of Homeland Security" for "of Transportation".

2001—Par. (4)(A). Pub. L. 107–14 inserted "(other than with respect to a child who is an insurable dependent under section 1965(10)(B) of such chapter)" after "except for purposes of chapter 19 of this title" in introductory provisions.

2000—Par. (24). Pub. L. 106–419 amended par. (24) generally. Prior to amendment, par. (24) read as follows: "The term 'active military, naval, or air service' includes active duty, any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and any period of inactive duty training during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty."

1996—Par. (29). Pub. L. 104–275 amended par. (29) generally. Prior to amendment, par. (29) read as follows: "The term 'Vietnam era' means the period beginning August 5, 1964, and ending on May 7, 1975."

1994—Par. (1). Pub. L. 103–446 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The terms 'Secretary' and 'Administrator' mean the Secretary of Veterans Affairs, and the terms 'Department' and 'Department' mean the Department of Veterans Affairs."

1991—Par. (1). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Par. (4)(A). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in concluding provisions.

Pub. L. 102–40 substituted "8502(b)" for "5202(b)" in introductory provisions.

Par. (4)(B)(i). Pub. L. 102–83, §5(c)(1), substituted "3566" for "1766" in introductory provisions.

Par. (11). Pub. L. 102–25, §332(1), inserted "the Persian Gulf War," after "the Vietnam era,".

Pars. (13) to (15). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Par. (20). Pub. L. 102–83, §5(c)(1), substituted "2303" for "903".

Par. (21)(C)(ii). Pub. L. 102–54 redesignated subcls. (a), (b), and (c) as (I), (II), and (III), respectively.

Par. (32)(B). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Par. (33). Pub. L. 102–25, §332(2), added par. (33).

1989—Par. (1). Pub. L. 101–237 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The term 'Administrator' means the Administrator of Veterans' Affairs."

1988—Par. (22)(D). Pub. L. 100–456, §633(c)(1), substituted "training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned" for "field training or a practice cruise under chapter 103 of title 10".

Par. (23)(C). Pub. L. 100–456, §633(c)(2), added subpar. (C).

Par. (28). Pub. L. 100–322, §103(a), substituted "who require nursing care" for "who require skilled nursing care" and "Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care." for "The term includes intensive care where the nursing service is under the supervision of a registered professional nurse."

Par. (32)(B). Pub. L. 100–322, §311, struck out "during a period other than a period of war in which such person was held" before "under circumstances which".

1986—Pars. (22)(C), (23), (27)(F). Pub. L. 99–576, §702(1)(A), inserted "Army" before "National Guard".

Par. (31). Pub. L. 99–576, §702(1)(B), struck out "and the term 'surviving spouse' means a person of the opposite sex who is a widow or widower" after "husband".

1984—Par. (4)(A). Pub. L. 98–223 inserted provision that a person described in cl. (ii) of first sentence of subpar. (A) who was a member of a veteran's household at the time the person became 18 years of age and who is adopted by the veteran be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of the adoption.

1982—Par. (4)(A). Pub. L. 97–295, §4(2), substituted "before August 26, 1961, or within two years after the veteran's death" for "within two years after the veteran's death or the date of enactment of this sentence".

Par. (22)(C). Pub. L. 97–306, §113(a)(1), struck out "and" after "of law;".

Par. (22)(D), (E). Pub. L. 97–306, §113(a)(2), (3), added subpar. (D) and redesignated former subpar. (D) as (E).

Par. (25)(E). Pub. L. 97–295, §4(95)(A), substituted "Health and Human Services" for "Health, Education, and Welfare".

1981—Par. (32). Pub. L. 97–37 added par. (32).

1979—Par. (4). Pub. L. 96–22 designated existing provisions as subpar. (A) and existing subpars. (A), (B), and (C) thereof as cls. (i), (ii), and (iii), respectively, and added subpar. (B).

1978—Par. (15). Pub. L. 95–588 inserted "or other periodic" after "monthly".

1977—Par. (18). Pub. L. 95–126 designated existing provisions as cl. (A) and added cl. (B).

Par. (29). Pub. L. 95–202 substituted "May 7, 1975" for "such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress."

1976—Par. (19). Pub. L. 94–417 struck out "of any war (including the Indian Wars)" before "disabled" and "of any war" after "care for veterans".

1975—Par. (3). Pub. L. 94–169, §101(1)(A), substituted "surviving spouse" for "widow", "person of the opposite sex" for "woman", "spouse" for "wife" wherever appearing, "the veteran's" for "his" wherever appearing, "with the veteran" for "with him", "person" for "man" wherever appearing and "himself or herself" for "herself".

Par. (4). Pub. L. 94–169, §101(1)(B), substituted "regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse" for "regular contribution toward his support from some individual other than the veteran or his spouse".

Par. (5). Pub. L. 94–169, §101(1)(C), substituted "before the veteran's entry" for "before his entry".

Pars. (13) to (15). Pub. L. 94–169, §101(1)(D)–(F), substituted "surviving spouse" for "widow" wherever appearing.

Par. (31). Pub. L. 94–169, §101(1)(G), added par. (31).

1972—Par. (4). Pub. L. 92–540 inserted provision recognizing as a legally adopted child a person who has been placed for adoption under an agreement entered into by the adopting parent or parents with an agency authorized by law to so act.

1971—Par. (30). Pub. L. 92–198 struck out service requirement of 90 days or more.

1970—Par. (4). Pub. L. 91–262 inserted provision recognizing an adopted child of a veteran as a dependent from the date of issuance of an interlocutory decree.

Par. (11). Pub. L. 91–588, §9(a), inserted reference to the Mexican border period.

Par. (21)(C). Pub. L. 91–621, §6(a)(1), included within "active duty" duty as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization.

Par. (25)(F). Pub. L. 91–621, §6(a)(2), inserted "the National Oceanic and Atmospheric Administration or its predecessor organization" before "the Coast and Geodetic Survey".

Par. (30). Pub. L. 91–588, §9(b), added par. (30).

1969—Par. (3). Pub. L. 91–24, §16, substituted "September 16, 1962" for "enactment of the 1962 amendment to this paragraph".

Par. (23)(A). Pub. L. 91–24, §1(a), substituted "section 206 of title 37" for "section 301 of title 37".

Par. (25)(D). Pub. L. 91–24, §1(b), substituted "Secretary of Transportation" for "Secretary of the Treasury".

1967—Par. (11). Pub. L. 90–77, §201(a), included Vietnam era within definition of "period of war" and substituted "the date" for "a date".

Par. (29). Pub. L. 90–77, §201(b), added par. (29).

1966—Par. (20). Pub. L. 89–358 defined "State" to include the Canal Zone for the purpose of section 903 and chapters 34 and 35 of this title.

1965—Par. (4)(C). Pub. L. 89–311 substituted "twenty-three years" for "twenty-one years".

1964—Par. (19). Pub. L. 88–450, §4(c), included within "State home" a home which furnishes nursing home care for veterans of any war.

Par. (28). Pub. L. 88–450, §4(d), added par. (28).

1962—Par. (3). Pub. L. 87–674 inserted requirement that a widow, in cases not involving remarriage, must not, since the death of the veteran and after the enactment of this amendment, have lived with another man and held herself out openly to the public to be the wife of such other man, and struck out "(unless the purported remarriage is void)" after "who has not remarried".

Par. (26). Pub. L. 87–815 substituted " 'Reserve' means a member" for " 'Reserves' means members".

1959—Par. (4). Pub. L. 86–195 provided that a person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of the veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the surviving spouse of the veteran within two years after the veteran's death or Aug. 25, 1959, the date of enactment of Pub. L. 86–195, provided that such person was not receiving regular contributions toward his support from some individual other than the veteran or his spouse, or from any public or private welfare organization.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 2017 Amendment

Pub. L. 115–55, §2(x), Aug. 23, 2017, 131 Stat. 1115, provided that:

"(1) In general.—Except as otherwise provided in this subsection, the amendments made by this section [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, 7107, and 7111 of this title, and repealing sections 7106 and 7109 of this title] shall apply to all claims for which notice of a decision under section 5104 of title 38, United States Code, is provided by the Secretary of Veterans Affairs on or after the later of—

"(A) the date that is 540 days after the date of the enactment of this Act [Aug. 23, 2017]; and

"(B) the date that is 30 days after the date on which the Secretary of Veterans Affairs submits to the appropriate committees of Congress—

"(i) a certification that the Secretary confirms, without delegation, that the Department of Veterans Affairs has the resources, personnel, office space, procedures, and information technology required—

"(I) to carry out the new appeals system;

"(II) to timely address appeals under the new appeals system; and

"(III) to timely address appeals of decisions on legacy claims; and

"(ii) a summary of the expectations for performance outcomes that the Secretary used in making the certification under clause (i)(III) and a comparison of such expected performance outcomes with actual performance outcomes with respect to appeals of legacy claims before the effective date of the new appeals system.

"(2) Collaboration.—In determining whether and when to make a certification under paragraph (1)(B), the Secretary shall collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.

"(3) Early applicability.—The Secretary may apply the new appeals system to a claim with respect to which the claimant—

"(A) receives a notice of a decision under section 5104 of such title after the date of the enactment of this Act and before the applicability date set forth in paragraph (1); and

"(B) elects to subject the claim to the new appeals system.

"(4) Phased rollout.—The Secretary may begin implementation of the new appeals system in phases, with the first phase of such phased implementation beginning on the applicability date set forth in paragraph (1).

"(5) Treatment of legacy claims.—With respect to legacy claims, upon the issuance to a claimant of a statement of the case or supplemental statement of the case occurring on or after the applicability date specified in paragraph (1), a claimant may elect to participate in the new appeals system.

"(6) Publication of applicability date.—Not later than the date on which the new appeals system goes into effect (or the first phase of the new appeals system goes into effect under paragraph (4), as the case may be), the Secretary shall publish in the Federal Register such date.

"(7) Definitions.—In this subsection:

"(A) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(i) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and

"(ii) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives.

"(B) Veterans service organization.—The term 'veterans service organization' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code."

[Final rule implementing provisions of Pub. L. 115–55 relating to new Department of Veterans Affairs appeals system went into effect Feb. 19, 2019. See final rule at 84 F.R. 138 and subsequent corrections at 84 F.R. 4336.]

[For definitions of "claimant", "legacy claims", and "new appeals system" as used in section 2(x) of Pub. L. 115–55, set out above, see section 6 of Pub. L. 115–55, set out in a note under section 5101 of this title.]

Effective Date of 2006 Amendment

Pub. L. 109–461, title X, §1004(b), Dec. 22, 2006, 120 Stat. 3466, provided that the amendment made by section 1004(b) is effective Nov. 25, 2002.

Pub. L. 109–444, §8(b), Dec. 21, 2006, 120 Stat. 3313, which provided that the amendment made by section 8(b)(1) would be effective Nov. 25, 2002, was repealed by Pub. L. 109–461, title X, §1006(b), Dec. 22, 2006, 120 Stat. 3468, set out below.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 2001 Amendment

Pub. L. 107–14, §4(g), June 5, 2001, 115 Stat. 30, provided that:

"(1) The amendments made by this section [amending this section and sections 1965 and 1967 to 1970 of this title] shall take effect on the first day of the first month that begins more than 120 days after the date of the enactment of this Act [June 5, 2001].

"(2) Each Secretary concerned, acting in consultation with the Secretary of Veterans Affairs, shall take such action as is necessary to ensure that during the period between the date of the enactment of this Act and the effective date determined under paragraph (1) each eligible member—

"(A) is furnished an explanation of the insurance benefits available for dependents under the amendments made by this section; and

"(B) is afforded an opportunity before such effective date to make elections that are authorized under those amendments to be made with respect to dependents.

"(3) For purposes of paragraph (2):

"(A) The term 'Secretary concerned' has the meaning given that term in section 101 of title 38, United States Code.

"(B) The term 'eligible member' means a member of the uniformed services described in subparagraph (A) or (C) of section 1967(a)(1) of title 38, United States Code, as amended by subsection (b)(1)."

Effective Date of 1996 Amendment

Pub. L. 104–275, title V, §505(d), Oct. 9, 1996, 110 Stat. 3342, provided that: "The amendments made by this section [amending this section and sections 1116 and 1710 of this title] shall take effect on January 1, 1997. No benefit may be paid or provided by reason of such amendments for any period before such date."

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–456 applicable only with respect to training performed after Sept. 30, 1988, see section 633(e) of Pub. L. 100–456, set out as a note under section 2109 of Title 10, Armed Forces.

Effective Date of 1982 Amendment

Pub. L. 97–306, title I, §113(d), Oct. 14, 1982, 96 Stat. 1433, as amended by Pub. L. 98–223, title II, §210, Mar. 2, 1984, 98 Stat. 45, provided that: "The amendments made by subsections (a) [amending this section] and (b) [repealing former section 403 of this title] and the provisions of subsection (c) [set out as a note under section 8140 of Title 5, Government Organization and Employees]—

"(1) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982, shall take effect as of October 1, 1982; and

"(2) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated before October 1, 1982, shall take effect as of October 1, 1983."

Effective Date of 1978 Amendment

Pub. L. 95–588, title IV, §401, Nov. 4, 1978, 92 Stat. 2511, provided that: "The amendments made by this Act [see Tables for classification] to title 38, United States Code, shall become effective on January 1, 1979."

Effective Date of 1977 Amendments

Pub. L. 95–202, title V, §501, Nov. 23, 1977, 91 Stat. 1450, provided that: "The provisions of this Act [see Tables for classification] shall become effective on the first day of the first month beginning 60 days after the date of enactment of this Act [Nov. 23, 1977], except that the provisions of title I and section 304(a)(1)(A) shall be effective retroactively to October 1, 1977, the provisions of sections 201 and 202 shall become effective on January 1, 1978, the provisions of section 203 shall be effective retroactively to May 31, 1976, and the provisions of sections 301, 302(2), 304(a)(1)(B), 304(a)(2), 305(a)(3), 305(b)(2), 305(b)(3), 305(b)(4), 305(c), 306, 307, 308, 309, and 310 and of title IV shall be effective upon enactment [Nov. 23, 1977]."

Amendment by Pub. L. 95–126 effective Oct. 8, 1977, see section 5 of Pub. L. 95–126, set out as a note under section 5303 of this title.

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §101, Dec. 23, 1975, 89 Stat. 1013, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–198 effective Jan. 1, 1972, see section 6 of Pub. L. 92–198, set out as a note under section 1521 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91–588, set out as a note under section 1521 of this title.

Effective Date of 1967 Amendment

Pub. L. 90–77, title IV, §405, Aug. 31, 1967, 81 Stat. 191, provided that:

"(a) Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on the first day of the first calendar month which begins more than ten days after the date of enactment of this Act [Aug. 31, 1967].

"(b) The amendments made by section 203 of this Act [amending sections 602 and 612 [now 1702 and 1712 of this title] shall become effective upon enactment [Aug. 31, 1967].

"(c) The amendments made by title II [§§201–204] of this Act [amending this section] relating to the payment of burial benefits in the case of veterans of the Vietnam era shall become effective on the date of enactment of this Act [Aug. 31, 1967]. If the burial allowance authorized by section 902 [now 2302] of title 38, United States Code is payable solely by virtue of the enactment of this Act, the two-year period for filing applications, referred to in section 904 [now 2304] of such title 38, shall not end, with respect to an individual whose death occurred prior to the enactment of this Act; before the expiration of the two-year period which begins on the date of enactment of this Act; or in any case involving the correction of a discharge after the date of enactment of this Act; before the expiration of two years from the date of such correction."

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89–311, set out as a note under section 1114 of this title.

Short Title of 2023 Amendment

Pub. L. 118–21, §1, Nov. 13, 2023, 137 Stat. 109, provided that: "This Act [amending sections 5702 and 5901 of this title and enacting provisions set out as notes under sections 5702 and 5901 of this title] may be cited as the 'Wounded Warrior Access Act'."

Pub. L. 118–20, §1, Nov. 13, 2023, 137 Stat. 108, provided that: "This Act [amending section 109 of this title] may be cited as the 'Korean American Vietnam Allies Long Overdue for Relief Act' or the 'Korean American VALOR Act'."

Pub. L. 118–6, §1, June 14, 2023, 137 Stat. 50, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2023' or the 'Veterans' COLA Act of 2023'."

Pub. L. 117–355, §1, Jan. 5, 2023, 136 Stat. 6278, provided that: "This Act [amending sections 2404, 2406, and 2411 of this title and enacting provisions set out as a note under section 2303 of this title] may be cited as the 'National Cemeteries Preservation and Protection Act of 2022'."

Pub. L. 117–333, §1(a), Jan. 5, 2023, 136 Stat. 6121, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Auto and Education Improvement Act of 2022'."

Pub. L. 117–333, §10(a), Jan. 5, 2023, 136 Stat. 6131, provided that: "This section [amending section 3311 of this title] may be cited as the 'Sgt. Wolf Kyle Weninger Veterans Education Fairness Act of 2022'."

Short Title of 2022 Amendment

Pub. L. 117–328, div. U, §1(a), Dec. 29, 2022, 136 Stat. 5404, provided that: "This division [see Tables for classification] may be cited as the 'Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022'."

Pub. L. 117–328, div. U, title II, §231, Dec. 29, 2022, 136 Stat. 5456, provided that: "This subtitle [subtitle C (§§231–234) of title II of div. U of Pub. L. 117–328, amending sections 3031, 3103, 3321, and 3512 of this title] may be cited as the 'GI Bill National Emergency Extended Deadline Act of 2022'."

Pub. L. 117–328, div. U, title II, §251, Dec. 29, 2022, 136 Stat. 5462, provided that: "This subtitle [subtitle E (§§251–255) of title II of div. U of Pub. L. 117–328, enacting sections 5302B and 5314A of this title, amending sections 5302, 5314, and 5315 of this title and enacting provisions set out as notes under sections 5302, 5302B, 5314A, and 5315 of this title] may be cited as the 'VA Beneficiary Debt Collection Improvement Act of 2022'."

Pub. L. 117–328, div. V, §1(a), Dec. 29, 2022, 136 Stat. 5497, provided that: "This division [enacting sections 1167 and 2068 of this title, amending section 1712A of this title, enacting provisions set out as notes preceding section 3001 and under sections 1701, 1712A, 1720F, 6303, 7303, 7401, 7611, and 7681 of this title, and amending provisions set out as a note under section 1701 of this title] may be cited as the 'Support The Resiliency of Our Nation's Great Veterans Act of 2022' or the 'STRONG Veterans Act of 2022'."

Pub. L. 117–313, §1, Dec. 27, 2022, 136 Stat. 4399, provided that: "This Act [amending sections 1917, 1949, and 1952 of this title and enacting provisions set out as notes preceding section 1981 and under section 1917 of this title] may be cited as the 'Faster Payments to Veterans' Survivors Act of 2022'."

Pub. L. 117–297, §1, Dec. 27, 2022, 136 Stat. 4375, provided that: "This Act [amending sections 3319 and 3699 of this title] may be cited as the 'Veterans Eligible to Transfer School (VETS) Credit Act'."

Pub. L. 117–209, §1, Oct. 17, 2022, 136 Stat. 2243, provided that: "This Act [amending section 1967 of this title and enacting provisions set out as a note under section 1967 of this title] may be cited as the 'Supporting Families of the Fallen Act'."

Pub. L. 117–205, §1, Oct. 17, 2022, 136 Stat. 2232, provided that: "This Act [enacting subchapter II of chapter 63 of this title and amending sections 6301 and 6303 to 6307 of this title] may be cited as the 'Solid Start Act of 2022'."

Pub. L. 117–191, §1, Oct. 10, 2022, 136 Stat. 2207, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2022'."

Pub. L. 117–178, §1, Sept. 29, 2022, 136 Stat. 2110, provided that: "This Act [amending sections 4303 and 4312 of this title and section 5149 of Title 42, The Public Health and Welfare] may be cited as the 'Civilian Reservist Emergency Workforce Act of 2021' or the 'CREW Act'."

Pub. L. 117–175, §1, Sept. 16, 2022, 136 Stat. 2107, provided that: "This Act [amending section 7309A of this title] may be cited as the 'Patient Advocate Tracker Act'."

Pub. L. 117–174, §1, Aug. 26, 2022, 136 Stat. 2104, provided that: "This Act [amending section 3680A of this title and enacting provisions set out as a note under section 3680A of this title] may be cited as the 'Ensuring the Best Schools for Veterans Act of 2022'."

Pub. L. 117–168, §1(a), Aug. 10, 2022, 136 Stat. 1759, provided that: "This Act [see Tables for classification] may be cited as the 'Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022' or the 'Honoring our PACT Act of 2022'."

Pub. L. 117–168, title I, §101, Aug. 10, 2022, 136 Stat. 1761, provided that: "This title [amending this section and section 1710 of this title and enacting provisions set out as notes under section 1710 of this title] may be cited as the 'Conceding Our Veterans' Exposure Now and Necessitating Training Act of 2022' or the 'COVENANT Act of 2022'."

Pub. L. 117–168, title II, §201, Aug. 10, 2022, 136 Stat. 1766, provided that: "This title [enacting subchapter VII of chapter 11 and sections 1167 and 1305 of this title, amending sections 1116, 1116B, and 1118 of this title, and enacting provisions set out as notes under sections 1167 and 1305 of this title] may be cited as the 'Toxic Exposure in the American Military Act of 2022' or the 'TEAM Act of 2022'."

Pub. L. 117–168, title III, §301, Aug. 10, 2022, 136 Stat. 1777, provided that: "This title [enacting sections 1119 and 1168 of this title] may be cited as the 'Veterans Burn Pits Exposure Recognition Act of 2022'."

Pub. L. 117–168, title IV, §401(a), Aug. 10, 2022, 136 Stat. 1780, provided that: "This section [amending section 1112 of this title] may be cited as the 'Mark Takai Atomic Veterans Healthcare Parity Act of 2022'."

Pub. L. 117–168, title IV, §402(a), Aug. 10, 2022, 136 Stat. 1780, provided that: "This section [amending section 1112 of this title] may be cited as the 'Palomares or Thule Veterans Act of 2022'."

Pub. L. 117–168, title IV, §403(a), Aug. 10, 2022, 136 Stat. 1780, provided that: "This section [amending sections 1116 and 1710 of this title and enacting provisions set out as a note under section 1116 of this title] may be cited as the 'Veterans Agent Orange Exposure Equity Act of 2022'."

Pub. L. 117–168, title IV, §404(a), Aug. 10, 2022, 136 Stat. 1782, provided that: "This section [amending section 1116 of this title and enacting provisions set out as a note under section 1116 of this title] may be cited as the 'Fair Care for Vietnam Veterans Act of 2022'."

Pub. L. 117–168, title IV, §406(a), Aug. 10, 2022, 136 Stat. 1783, provided that: "This section [enacting section 1120 of this title, amending section 1113 of this title, and enacting provisions set out as a note under section 1120 of this title] may be cited as the 'Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2022'."

Pub. L. 117–154, §1, June 23, 2022, 136 Stat. 1303, provided that: "This Act [amending provisions set out as a note preceding section 5701 of this title] may be cited as the 'VA Electronic Health Record Transparency Act of 2021'."

Pub. L. 117–138, §1, June 7, 2022, 136 Stat. 1256, provided that: "This Act [enacting and amending provisions set out as notes preceding section 3001 of this title] may be cited as the 'Veterans Rapid Retraining Assistance Program Restoration and Recovery Act of 2022'."

Pub. L. 117–136, §1, June 7, 2022, 136 Stat. 1251, provided that: "This Act [amending section 312 of this title and enacting provisions set out as a note under section 312 of this title] may be cited as the 'Strengthening Oversight for Veterans Act of 2021'."

Pub. L. 117–133, §1, June 7, 2022, 136 Stat. 1238, provided that: "This Act [amending section 7322 of this title] may be cited as the 'Dr. Kate Hendricks Thomas Supporting Expanded Review for Veterans In Combat Environments Act' or the 'Dr. Kate Hendricks Thomas SERVICE Act'."

Pub. L. 117–103, div. S, title I, §101, Mar. 15, 2022, 136 Stat. 821, provided that: "This title [amending sections 7404 and 7451 of this title] may be cited as the 'Department of Veterans Affairs Nurse and Physician Assistant Retention and Income Security Enhancement Act' or the 'VA Nurse and Physician Assistant RAISE Act'."

Pub. L. 117–103, div. CC, §101, Mar. 15, 2022, 136 Stat. 1109, provided that: "This division [amending sections 2303 and 2408 of this title and enacting provisions set out as a note under section 2408 of this title] may be cited as the 'Burial Equity for Guards and Reserves Act'."

Short Title of 2021 Amendment

Pub. L. 117–76, §1, Dec. 21, 2021, 135 Stat. 1517, provided that: "This Act [amending sections 516, 3313, 3679, 3680, 3689, 3690, 3696, and 3729 of this title, enacting provisions set out as notes under sections 3679 and 3680 of this title, and amending provisions set out as notes preceding section 3001 and under sections 3031, 3103, 3485, and 3687 of this title] may be cited as the 'Responsible Education Mitigating Options and Technical Extensions Act' or the 'REMOTE Act'."

Pub. L. 117–69, §1, Nov. 30, 2021, 135 Stat. 1495, provided that: "This Act [enacting provisions set out as a note under section 1703 of this title] may be cited as the 'Protecting Moms Who Served Act of 2021'."

Pub. L. 117–68, §1, Nov. 30, 2021, 135 Stat. 1493, provided that: "This Act [amending section 3679 of this title and enacting provisions set out as a note under section 3679 of this title] may be cited as the 'Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021'."

Pub. L. 117–67, §1, Nov. 30, 2021, 135 Stat. 1491, provided that: "This Act [amending provisions set out as a note under section 7401 of this title] may be cited as the 'Hire Veteran Health Heroes Act of 2021'."

Pub. L. 117–62, §1, Nov. 22, 2021, 135 Stat. 1482, provided that: "This Act [enacting provisions set out as a note under section 6303 of this title] may be cited as the 'Veterans and Family Information Act'."

Pub. L. 117–45, §1, Oct. 8, 2021, 135 Stat. 389, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2021'."

Pub. L. 117–42, §1, Sept. 30, 2021, 135 Stat. 342, provided that: "This Act [amending section 1712C of this title and provisions set out as a note under section 8103 of this title] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2021'."

Pub. L. 117–37, §1, Aug. 25, 2021, 135 Stat. 329, provided that: "This Act [amending section 1714 of this title and enacting provisions set out as notes under section 1714 of this title] may be cited as the 'Puppies Assisting Wounded Servicemembers for Veterans Therapy Act' or the 'PAWS for Veterans Therapy Act'."

Pub. L. 117–21, §1, June 30, 2021, 135 Stat. 292, provided that: "This Act [enacting provisions set out as a note under section 1712A of this title] may be cited as the 'Sgt. Ketchum Rural Veterans Mental Health Act of 2021'."

Pub. L. 117–16, §1, June 8, 2021, 135 Stat. 280, provided that: "This Act [amending sections 1166, 3313, 3671, 3673A, 3679, 3696, and 3698 of this title, renumbering section 1164 of this title as section 1166, enacting provisions set out as notes preceding section 3001 and under sections 3698 and 3699B of this title, and amending provisions set out as notes preceding section 3001 and under sections 2408, 3671, and 3699B of this title] may be cited as the 'Training in High-demand Roles to Improve Veteran Employment Act' or the 'THRIVE Act'."

Pub. L. 116–315, §1(a), Jan. 5, 2021, 134 Stat. 4932, provided that: "This Act [see Tables for classification] may be cited as the 'Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020'."

Pub. L. 116–315, title IV, §4001, Jan. 5, 2021, 134 Stat. 5006, provided that: "This title [see Tables for classification] may be cited as the 'Navy SEAL Bill Mulder Act of 2020'."

Pub. L. 116–315, title V, §5001, Jan. 5, 2021, 134 Stat. 5021, provided that: "This title [see Tables for classification] may be cited as the 'Deborah Sampson Act of 2020'."

Pub. L. 116–315, title VI, §6001, Jan. 5, 2021, 134 Stat. 5051, provided that: "This title [enacting provisions set out as notes under sections 1501 and 5101 of this title] may be cited as the 'Financial Refuge for Every Elderly Veteran Act of 2020' or the 'FREE Veteran Act of 2020'."

Pub. L. 116–283, div. A, title VII, §761, Jan. 1, 2021, 134 Stat. 3724, provided that: "This subtitle [subtitle E (§§761–765) of title VII of div. A of Pub. L. 116–283, enacting section 1789 of this title, amending sections 1712A, 1720F, and 1720H of this title, and enacting provisions set out as a note under 1712A of this title] may be cited as the 'Care and Readiness Enhancement for Reservists Act of 2020' or the 'CARE for Reservists Act of 2020'."

Short Title of 2020 Amendment

Pub. L. 116–278, §1, Dec. 31, 2020, 134 Stat. 3373, provided that: "This Act [amending section 1720G of this title and enacting provisions set out as a note under section 1720G of this title] may be cited as the 'Transparency and Effective Accountability Measures for Veteran Caregivers Act' or the 'TEAM Veteran Caregivers Act'."

Pub. L. 116–214, §1(a), Dec. 5, 2020, 134 Stat. 1026, provided that: "This Act [enacting section 1720J of this title and provisions set out as notes under sections 902, 1710, 1720G, 1720J, and 6303 of this title] may be cited as the 'Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020' or the 'Veterans COMPACT Act of 2020'."

Pub. L. 116–183, §1, Oct. 30, 2020, 134 Stat. 895, provided that: "This Act [amending section 8127 of this title and enacting provisions set out as a note under section 8127 of this title] may be cited as the 'Protecting Business Opportunities for Veterans Act of 2019'."

Pub. L. 116–178, §1, Oct. 20, 2020, 134 Stat. 853, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2020'."

Pub. L. 116–176, §1, Oct. 20, 2020, 134 Stat. 849, provided that: "This Act [amending section 1712A of this title] may be cited as the 'Vet Center Eligibility Expansion Act'."

Pub. L. 116–171, §1(a), Oct. 17, 2020, 134 Stat. 778, provided that: "This Act [enacting subchapter IX of chapter 76 and section 119 of this title, amending sections 1720I, 7309, 7601 to 7604, and 7632 of this title, and enacting provisions set out as notes under sections 310, 1701, 1712A, 1720F, 6303, 7303, 7401, 7402, 7698, and 8111 of this title] may be cited as the 'Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019'."

Pub. L. 116–159, div. E, §5001, Oct. 1, 2020, 134 Stat. 747, provided that: "This division [amending sections 111A, 315, 322, 503, 521A, 1710, 1710A, 2021, 2021A, 2023, 2031, 2033, 2044, 2061, 2108, 3733, 7253, and 8118 of this title, enacting provisions set out as a note under section 301 of this title, and amending provisions set out as notes preceding section 3001 of this title and under sections 1116, 1710, 1712A, 3031, and 7302 of this title] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2020'."

Pub. L. 116–155, §1, Aug. 8, 2020, 134 Stat. 698, provided that: "This Act [amending section 8127 of this title and enacting provisions set out as a note under section 8127 of this title] may be cited as the 'Department of Veterans Affairs Contracting Preference Consistency Act of 2020'."

Pub. L. 116–154, §1, Aug. 8, 2020, 134 Stat. 690, provided that: "This Act [enacting section 3315B of this title, amending sections 2101, 2102, 3485, 3532, and 3729 of this title, and enacting provisions set out as notes under sections 2101, 3315B, and 3485 of this title] may be cited as the 'Ryan Kules and Paul Benne Specially Adaptive Housing Improvement Act of 2019'."

Pub. L. 116–140, §1, Apr. 28, 2020, 134 Stat. 631, provided that: "This Act [enacting provisions set out as notes under sections 3031, 3103, 3105, 3108, 3319, 3321, 3485, 3680, and 3699 of this title and section 16133 of Title 10, Armed Forces] may be cited as the 'Student Veteran Coronavirus Response Act of 2020'."

Pub. L. 116–137, §1, Apr. 10, 2020, 134 Stat. 616, provided that: "This Act [amending sections 7101 and 7107 of this title and enacting provisions set out as notes under sections 7101 and 7107 of this title] may be cited as the 'VA Tele-Hearing Modernization Act'."

Pub. L. 116–106, §1, Jan. 7, 2020, 133 Stat. 3291, provided that: "This Act [amending section 2403 of this title] may be cited as the 'Fallen Warrior Battlefield Cross Memorial Act'."

Short Title of 2019 Amendment

Pub. L. 116–61, §1, Sept. 30, 2019, 133 Stat. 1116, provided that: "This Act [amending sections 315, 714, 1725A, 2044, 3313, 3321, 3683, 3699, 3733, 7462, 7696, and 8104 of this title] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2019'."

Pub. L. 116–58, §1, Sept. 26, 2019, 133 Stat. 1091, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2019'."

Pub. L. 116–23, §1, June 25, 2019, 133 Stat. 966, provided that: "This Act [enacting sections 1116A, 1116B, and 1822 of this title, amending sections 1710, 1831, 3703, 3710, 3729, 3731, and 3762 of this title, and enacting provisions set out as notes under sections 1116A, 1116B, 1822, 3703, and 3731 of this title] may be cited as the 'Blue Water Navy Vietnam Veterans Act of 2019'."

Short Title of 2018 Amendment

Pub. L. 115–407, §1(a), Dec. 31, 2018, 132 Stat. 5368, provided that: "This Act [enacting section 728 of this title, amending sections 2021, 2306, 2402, 3105, 3313, 3679, 3698, and 7463 of this title and sections 3955, 3956, 4001, and 4025 of Title 50, War and National Defense, enacting provisions set out as notes preceding sections 5301 and 5701 of this title and under sections 1701, 3679, 3680, and 8125 of this title and sections 4001 and 4025 of Title 50, and amending provisions set out as notes under sections 3001 and 5101 of this title] may be cited as the 'Veterans Benefits and Transition Act of 2018'."

Pub. L. 115–258, §1, Oct. 9, 2018, 132 Stat. 3662, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2018'."

Pub. L. 115–251, §1(a), Sept. 29, 2018, 132 Stat. 3166, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2018'."

Pub. L. 115–188, §1, June 21, 2018, 132 Stat. 1490, provided that: "This Act [enacting section 727 of this title] may be cited as the 'Department of Veterans Affairs Senior Executive Accountability Act of 2018' or the 'SEA Act of 2018'."

Pub. L. 115–184, §1, June 15, 2018, 132 Stat. 1483, provided that: "This Act [amending section 2306 of this title] may be cited as the 'Veterans Cemetery Benefit Correction Act'."

Pub. L. 115–182, §1(a), June 6, 2018, 132 Stat. 1393, provided that: "This Act [see Tables for classification] may be cited as the 'John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018' or the 'VA MISSION Act of 2018'."

Pub. L. 115–182, title I, §100(a), June 6, 2018, 132 Stat. 1395, provided that: "This title [see Tables for classification] may be cited as the 'Caring for Our Veterans Act of 2018'."

Pub. L. 115–159, §1, Mar. 27, 2018, 132 Stat. 1244, provided that: "This Act [amending section 1745 of this title and enacting provisions set out as a note under section 1745 of this title] may be cited as the 'State Veterans Home Adult Day Health Care Improvement Act of 2017'."

Pub. L. 115–131, §1, Mar. 9, 2018, 132 Stat. 334, provided that: "This Act [enacting provisions set out as a note under section 1501 of this title] may be cited as the 'Veterans Care Financial Protection Act of 2017'."

Short Title of 2017 Amendment

Pub. L. 115–95, §1, Dec. 20, 2017, 131 Stat. 2042, provided that: "This Act [enacting provisions set out as a note under section 1701 of this title] may be cited as the 'Enhancing Veteran Care Act'."

Pub. L. 115–89, §1, Nov. 21, 2017, 131 Stat. 1279, provided that: "This Act [amending sections 3672 and 3680 of this title] may be cited as the 'Veterans Apprenticeship and Labor Opportunity Reform Act' or the 'VALOR Act'."

Pub. L. 115–86, §1, Nov. 21, 2017, 131 Stat. 1276, provided that: "This Act [amending section 5701 of this title] may be cited as the 'VA Prescription Data Accountability Act 2017'."

Pub. L. 115–75, §1, Nov. 2, 2017, 131 Stat. 1244, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2017'."

Pub. L. 115–62, §1(a), Sept. 29, 2017, 131 Stat. 1159, provided that: "This Act [amending sections 111A, 315, 322, 503, 521A, 544, 1710, 1710A, 1720G, 1729, 2021, 2021A, 2023, 2031, 2033, 2044, 2061, 2066, 2101, 2108, 3313, 3673, 3720, 3732, and 3733 of this title, enacting provisions set out as notes under sections 1710C, 3313, and 3684 of this title, and amending provisions set out as notes under sections 1116, 1710, 1710C, 1712A, 3313, 3684, and 3699 of this title and section 1071 of Title 10, Armed Forces] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2017'."

Pub. L. 115–55, §1, Aug. 23, 2017, 131 Stat. 1105, provided that: "This Act [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, and 7111 of this title, repealing sections 7106 and 7109 of this title, and enacting provisions set out as notes under this section and sections 5101 and 5108 of this title] may be cited as the 'Veterans Appeals Improvement and Modernization Act of 2017'."

Pub. L. 115–48, §1(a), Aug. 16, 2017, 131 Stat. 973, provided that: "This Act [see Tables for classification] may be cited as the 'Harry W. Colmery Veterans Educational Assistance Act of 2017'."

Pub. L. 115–46, §1(a), Aug. 12, 2017, 131 Stat. 958, provided that: "This Act [enacting subchapter III of chapter 7 and section 725 of this title, amending sections 3729, 5317, 5503, 7412, and 7451 of this title and section 3304 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 701, 741, and 7401 of this title] may be cited as the 'VA Choice and Quality Employment Act of 2017'."

Pub. L. 115–41, §1(a), June 23, 2017, 131 Stat. 862, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017'."

Short Title of 2016 Amendment

Pub. L. 114–315, §1(a), Dec. 16, 2016, 130 Stat. 1536, provided that: "This Act [see Tables for classification] may be cited as the 'Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016'."

Pub. L. 114–273, §1, Dec. 14, 2016, 130 Stat. 1400, provided that: "This Act [amending section 2306 of this title] may be cited as the 'Charles Duncan Buried with Honor Act of 2016'."

Pub. L. 114–256, §1, Dec. 14, 2016, 130 Stat. 1345, provided that: "This Act [amending sections 3903, 7401, and 7402 of this title and enacting provisions set out as notes under sections 3902 and 7401 of this title] may be cited as the 'Veterans Mobility Safety Act of 2016'."

Pub. L. 114–228, §1(a), Sept. 29, 2016, 130 Stat. 935, provided that: "This Act [amending sections 111A, 315, 322, 503, 521A, 544, 1710, 1710A, 1720G, 1729, 2013, 2021, 2021A, 2023, 2031, 2033, 2041, 2044, 2061, 2066, 2101, 2108, 3679, 3692, 3720, 3732, and 3733 of this title and provisions set out as notes under sections 523, 1116, 1710, 1712A, 3684, and 5101 of this title and section 1071 of Title 10, Armed Forces] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2016'."

Pub. L. 114–226, §1, Sept. 29, 2016, 130 Stat. 926, provided that: "This Act [amending sections 8161, 8162, 8163, and 8168 of this title] may be cited as the 'West Los Angeles Leasing Act of 2016'."

Pub. L. 114–218, §1, July 29, 2016, 130 Stat. 842, provided that: "This Act [enacting section 1712C of this title and repealing provisions set out as a note under section 1712 of this title] may be cited as the 'Department of Veterans Affairs Dental Insurance Reauthorization Act of 2016'."

Pub. L. 114–197, §1, July 22, 2016, 130 Stat. 693, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation COLA Act of 2016'."

Pub. L. 114–188, §1, June 30, 2016, 130 Stat. 611, provided that: "This Act [amending section 1709B of this title] may be cited as the 'Female Veteran Suicide Prevention Act'."

Short Title of 2015 Amendment

Pub. L. 114–58, §1(a), Sept. 30, 2015, 129 Stat. 530, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2015'."

Pub. L. 114–41, title IV, §4001, July 31, 2015, 129 Stat. 460, provided that: "This title [amending sections 223 and 4980H of Title 26, Internal Revenue Code, enacting provisions set out as notes under section 1701 of this title and sections 223 and 4980H of Title 26, and amending provisions set out as a note under section 1701 of this title] may be cited as the 'VA Budget and Choice Improvement Act'."

Pub. L. 114–31, §1, July 20, 2015, 129 Stat. 428, provided that: "This Act [enacting section 5706 of this title and provisions set out as notes under section 5706 of this title] may be cited as the 'Veterans Identification Card Act 2015'."

Pub. L. 114–19, §1, May 22, 2015, 129 Stat. 215, provided that: "This Act [enacting and amending provisions set out as notes under section 1701 of this section] may be cited as the 'Construction Authorization and Choice Improvement Act'."

Pub. L. 114–2, §1, Feb. 12, 2015, 129 Stat. 30, provided that: "This Act [enacting section 1709B of this title, amending section 1710 of this title, and enacting provisions set out as notes under sections 1712A, 1720F, and 7681 of this title] may be cited as the 'Clay Hunt Suicide Prevention for American Veterans Act' or the 'Clay Hunt SAV Act'."

Short Title of 2014 Amendment

Pub. L. 113–257, §1, Dec. 18, 2014, 128 Stat. 2924, provided that: "This Act [enacting and amending provisions set out as notes under section 1710C of this title] may be cited as the 'Veterans Traumatic Brain Injury Care Improvement Act of 2014'."

Pub. L. 113–181, §1, Sept. 26, 2014, 128 Stat. 1916, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2014'."

Pub. L. 113–175, §1(a), Sept. 26, 2014, 128 Stat. 1901, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2014'."

Pub. L. 113–146, §1(a), Aug. 7, 2014, 128 Stat. 1754, provided that: "This Act [enacting sections 713 and 7412 of this title, amending sections 1720D, 3311, 3321, 3679, 3729, 5317, 5503, 7302, 7612, 7619, 7683, and 8104 of this title, enacting provisions set out as notes under sections 703, 713, 1701, 1720D, 3311, 3679, 7302, 7412, and 8104 of this title, and amending provisions set out as notes under sections 1703 and 1710C of this title] may be cited as the 'Veterans Access, Choice, and Accountability Act of 2014'."

Short Title of 2013 Amendment

Pub. L. 113–65, §1, Dec. 20, 2013, 127 Stat. 669, provided that: "This Act [amending section 2411 of this title and enacting provisions set out as a note under section 2411 of this title] may be cited as the 'Alicia Dawn Koehl Respect for National Cemeteries Act'."

Pub. L. 113–59, §1(a), Dec. 20, 2013, 127 Stat. 658, provided that: "This Act [amending sections 111A, 315, 322, 521A, 1710A, 2031, 2033, 2041, 2066, 3692, and 3733 of this title, enacting provisions set out as a note under section 521A of this title, and amending provisions set out as a note under section 5101 of this title] may be cited as the 'VA Expiring Authorities Extension Act of 2013'."

Pub. L. 113–52, §1, Nov. 21, 2013, 127 Stat. 582, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2013'."

Pub. L. 113–37, §1, Sept. 30, 2013, 127 Stat. 523, provided that: "This Act [amending sections 322, 521A, 1710, 1729, 2013, 2021, 2023, 2044, 2061, 2101, 3732, and 5317A of this title and section 653 of Title 42, The Public Health and Welfare, enacting provisions set out as a note under section 322 of this title, and amending provisions set out as a note under section 1710 of this title] may be cited as the 'Department of Veterans Affairs Expiring Authorities Act of 2013'."

Pub. L. 112–260, §1(a), Jan. 10, 2013, 126 Stat. 2417, provided that: "This Act [enacting sections 111A and 2414 of this title, amending sections 111, 111A, 2302, 2306, 2308, 2404, 2411, 5503, 7253, and 7255 of this title, enacting provisions set out as notes under sections 527, 2302, 2306, 2402, 2404, 2411, 2414, 7253, and 7255 of this title, section 1144 of Title 10, Armed Forces, and section 2104 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, and amending provisions set out as a note under section 1712A of this title] may be cited as the 'Dignified Burial and Other Veterans' Benefits Improvement Act of 2012'."

Short Title of 2012 Amendment

Pub. L. 112–198, §1, Nov. 27, 2012, 126 Stat. 1463, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2012'."

Pub. L. 112–191, §1(a), Oct. 5, 2012, 126 Stat. 1437, provided that: "This Act [amending sections 315, 2031, 2033, 2041, 2066, and 3732 of this title, enacting provisions set out as a note under section 315 of this title, and amending provisions set out as a note under section 5101 of this title] may be cited as the 'VA Major Construction Authorization and Expiring Authorities Extension Act of 2012'."

Pub. L. 112–154, §1(a), Aug. 6, 2012, 126 Stat. 1165, provided that: "This Act [see Tables for classification] may be cited as the 'Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012'."

Pub. L. 112–154, title I, §101, Aug. 6, 2012, 126 Stat. 1167, provided that: "This title [enacting sections 1709, 1709A, 1722B, and 1787 of this title, amending sections 901, 1710, 1710C to 1710E, 1720, 1729, 1745, and 7308 of this title, and enacting provisions set out as notes under sections 1710, 1720, 1729A, and 7406 of this title] may be cited as the 'Janey Ensminger Act'."

Pub. L. 112–154, title II, §201, Aug. 6, 2012, 126 Stat. 1176, provided that: "This title [enacting section 8168 of this title, amending sections 2101, 2102, 2102A, 3701, 3704, 3707, 3707A, 3729, 8161, 8162, 8164 to 8167, and 8169 of this title, and enacting provisions set out as notes under sections 2101, 2102, 2102A, 3701, 8162, and 8168 of this title] may be cited as the 'Andrew Connolly Veterans Housing Act'."

Short Title of 2011 Amendment

Pub. L. 112–56, title II, §201, Nov. 21, 2011, 125 Stat. 712, provided that: "This title [see Tables for classification] may be cited as the 'VOW to Hire Heroes Act of 2011'."

Pub. L. 112–53, §1, Nov. 9, 2011, 125 Stat. 548, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2011'."

Pub. L. 112–37, §1(a), Oct. 5, 2011, 125 Stat. 392, provided that: "This Act [amending sections 1703, 2013, 2021, 2031, 2033, 2041, 2044, 2061, 2066, 2102A, 3729, 5317, 5317A, 8104, and 8118 of this title and section 653 of Title 42, The Public Health and Welfare] may be cited as the 'Veterans Health Care Facilities Capital Improvement Act of 2011'."

Pub. L. 112–26, §1, Aug. 3, 2011, 125 Stat. 268, provided that: "This Act [amending section 3729 of this title and enacting provisions set out as notes under sections 3313 and 3729 of this title] may be cited as the 'Restoring GI Bill Fairness Act of 2011'."

Pub. L. 111–377, §1(a), Jan. 4, 2011, 124 Stat. 4106, provided that: "This Act [enacting section 3315A of this title, amending sections 3031, 3034, 3108, 3301, 3311, 3313, 3315, 3316, 3319, 3322, 3323, 3512, 3671 to 3673, 3675, 3679, 3680, 3681, 3684, and 3689 of this title and section 2006 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 3031, 3034, 3108, 3301, 3311, 3313, 3315, 3315A, 3319, 3322, 3680, and 3684 of this title and section 2006 of Title 10] may be cited as the 'Post-9/11 Veterans Educational Assistance Improvements Act of 2010'."

Short Title of 2010 Amendment

Pub. L. 111–275, §1(a), Oct. 13, 2010, 124 Stat. 2864, provided that: "This Act [enacting sections 2021A and 2108 of this title and sections 4041 to 4043 of Title 50, War and National Defense, amending sections 107, 315, 503, 1114, 1311, 1318, 1503, 1521, 1541, 1542, 1717, 1785, 1922A, 1967, 1968, 1977, 1980, 1980A, 2021, 2044, 2106, 2301, 2303, 2306, 2402, 3120, 3313, 3316, 3318, 3319, 3321, 3485, 3512, 3684, 3692, 3729, 3732, 3733, 3901, 3902, 4102A, 4303, 4324, 5111, 5503, 5510, 5723, 5727, 7325, 7903, 8104, 8111A, 8117, and 8127 of this title, section 1316 of Title 2, The Congress, section 416 of Title 3, The President, and sections 3937, 3951 to 3953, and 3955 to 3958 of Title 50, enacting provisions set out as notes under this section and sections 107, 1114, 1318, 1503, 1521, 1922A, 1968, 1977, 1980, 1980A, 2106, 2303, 2400, 2402, 3120, 3317, 3485, 3732, 3901, 3902, 4102A, 4301, 4303, 5111, and 8127 of this title and section 2913 of Title 29, Labor, and amending provisions set out as notes under sections 1117, 1980A, and 5101 of this title] may be cited as the 'Veterans' Benefits Act of 2010'."

Pub. L. 111–275, title I, §104(a), Oct. 13, 2010, 124 Stat. 2867, provided that: "This section [amending section 8127 of this title and enacting provisions set out as a note under section 8127 of this title] may be cited as the 'Veterans Small Business Verification Act'."

Pub. L. 111–275, title V, §502(a), Oct. 13, 2010, 124 Stat. 2882, provided that: "This section [amending sections 107, 2301, 2306, and 2402 of this title and enacting provisions set out as notes under sections 107 and 2402 of this title] may be cited as the 'Corey Shea Act'."

Pub. L. 111–247, §1, Sept. 30, 2010, 124 Stat. 2623, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as [the] 'Veterans' Compensation Cost-of-Living Adjustment Act of 2010'."

Pub. L. 111–163, §1(a), May 5, 2010, 124 Stat. 1130, provided that: "This Act [enacting chapter 75 and sections 118, 1720G, 1730A, 1786, 7311A, 7321A, 7459, and 7618 of this title, amending sections 111, 542, 544, 902, 903, 1705, 1710, 1710E, 1712A, 1717, 1720, 1720D, 1729, 1781, 1782, 2012, 7306, 7311, 7332, 7361 to 7364, 7366, 7401, 7403 to 7405, 7410, 7431, 7451 to 7456, 7456A, 7612, 7618, and 7681 to 7683 of this title, renumbering sections 7364A and 7618 of this title as sections 7365 and 7619, respectively, repealing sections 7365 and 8107 of this title, enacting provisions set out as notes under sections 111, 523, 542, 1703, 1710, 1712, 1712A, 1717, 1720G, 7306, 7404, 7431, 7501, and 7681 of this title, and amending provisions set out as notes under sections 527 and 1703 of this title] may be cited as the 'Caregivers and Veterans Omnibus Health Services Act of 2010'."

Short Title of 2009 Amendment

Pub. L. 111–81, §1, Oct. 22, 2009, 123 Stat. 2137, provided that: "This Act [enacting section 117 of this title, amending section 1105 of Title 31, Money and Finance, and enacting provisions set out as a note under section 117 of this title] may be cited as the 'Veterans Health Care Budget Reform and Transparency Act of 2009'."

Pub. L. 111–37, §1, June 30, 2009, 123 Stat. 1927, provided that: "This Act [amending sections 1114, 1115, 1162, 1311, and 1313 to 1315 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2009'."

Short Title of 2008 Amendment

Pub. L. 110–389, §1(a), Oct. 10, 2008, 122 Stat. 4145, provided that: "This Act [enacting sections 321, 322, 521A, 532, 546, 1156, 3122, 4327, 4335, 5121A, 7288, and 7732A of this title and section 3956 of Title 50, War and National Defense, amending this section, sections 502, 544, 1112, 1161, 1922, 1965, 1967 to 1969, 1973, 2103, 2306, 3105, 3120, 3512, 3673, 3676, 3677, 3686, 3691, 3703, 3707, 3707A, 3710, 4103, 4110A, 4322 to 4324, 4332, 5103, 5317, 7253, 7257, 7268, 7285, 7296, 7731, and 8127 of this title, section 3711 of Title 31, Money and Finance, and section 3937 of Title 50, enacting provisions set out as notes under sections 322, 521A, 1156, 1161, 1967 to 1969, 1973, 2306, 3703, 4332, 5101, 5103, 5121A, 5302A, and 7732A of this title, and amending provisions set out as notes under section 5101 of this title and section 1212 of Title 10, Armed Forces] may be cited as the 'Veterans' Benefits Improvement Act of 2008'."

Pub. L. 110–387, §1(a), Oct. 10, 2008, 122 Stat. 4110, provided that: "This Act [enacting sections 1729B, 2044, 7330A, and 8119 of this title, amending sections 111, 542, 1701, 1703, 1708, 1710, 1710A, 1712A, 1725, 1728, 1729, 1782, 1803, 2013, 2022, 2023, 2043, 2065, 4110, 7314, 7320, 7321, 7325, 7328, 7402, 7458, 8104, and 8117 of this title, repealing section 7368 of this title, enacting provisions set out as notes under sections 111, 1701, 1703, 1712A, 1720A, 1803, 2044, 7311, and 8119 of this title, amending provisions set out as notes under sections 1710B and 1712A of this title, and repealing provisions set out as a note under section 7333 of this title] may be cited as the 'Veterans' Mental Health and Other Care Improvements Act of 2008'."

Pub. L. 110–324, §1, Sept. 24, 2008, 122 Stat. 3549, provided that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313, and 1314 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2008'."

Pub. L. 110–252, title I, §1303(d), June 30, 2008, 122 Stat. 2328, provided that: "This section [enacting section 5302A of this title and provisions set out as notes under section 5302A of this title] may be cited as the 'Combat Veterans Debt Elimination Act of 2008'."

Pub. L. 110–252, title V, §5001, June 30, 2008, 122 Stat. 2357, provided that: "This title [enacting chapter 33 of this title and sections 16132a and 16163a of Title 10, Armed Forces, amending sections 3015, 3020, 3033, 3485, 3674, 3688 to 3690, 3692, 3695, 3697, and 3697A of this title and sections 16133 and 16163 of Title 10, and enacting provisions set out as notes under sections 3015 and 3301 of this title and section 16163 of Title 10] may be cited as the 'Post-9/11 Veterans Educational Assistance Act of 2008'."

Short Title of 2007 Amendment

Pub. L. 110–157, §1(a), Dec. 26, 2007, 121 Stat. 1831, provided that: "This Act [enacting section 5317A of this title, amending sections 1114, 1160, 2306, 2408, and 3485 of this title and section 653 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 2306 and 2408 of this title] may be cited as the 'Dr. James Allen Veteran Vision Equity Act of 2007'."

Pub. L. 110–111, §1, Nov. 5, 2007, 121 Stat. 1035, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2007'."

Pub. L. 110–110, §1, Nov. 5, 2007, 121 Stat. 1031, provided that: "This Act [enacting section 1720F of this title and provisions set out as a note under section 1720F of this title] may be cited as the 'Joshua Omvig Veterans Suicide Prevention Act'."

Short Title of 2006 Amendment

Pub. L. 109–461, §1(a), Dec. 22, 2006, 120 Stat. 3403, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Benefits, Health Care, and Information Technology Act of 2006'."

Pub. L. 109–461, title IX, §901, Dec. 22, 2006, 120 Stat. 3450, provided that: "This title [enacting subchapter III of chapter 57 and chapter 79 of this title] may be cited as the 'Department of Veterans Affairs Information Security Enhancement Act of 2006'."

Pub. L. 109–444, §1(a), Dec. 21, 2006, 120 Stat. 3304, which provided that the Act (see Tables for classification) could be cited as the "Veterans Programs Extension Act of 2006", was repealed by Pub. L. 109–461, title X, §1006(b), Dec. 22, 2006, 120 Stat. 3468, set out below.

Pub. L. 109–361, §1, Oct. 16, 2006, 120 Stat. 2062, provided that: "This Act [amending section 1311 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2006'."

Pub. L. 109–233, §1(a), June 15, 2006, 120 Stat. 397, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Housing Opportunity and Benefits Improvement Act of 2006'."

Pub. L. 109–228, §1, May 29, 2006, 120 Stat. 387, provided that: "This Act [enacting section 2413 of this title, section 1387 of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 2413 of this title] may be cited as the 'Respect for America's Fallen Heroes Act'."

Short Title of 2005 Amendments

Pub. L. 109–111, §1, Nov. 22, 2005, 119 Stat. 2362, provided that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313, and 1314 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2005'."

Pub. L. 109–80, §1, Sept. 30, 2005, 119 Stat. 2045, provided that: "This Act [amending sections 1967, 1969, 1970, and 1977 of this title and enacting and repealing provisions set out as notes under section 1967 of this title] may be cited as the 'Servicemembers' Group Life Insurance Enhancement Act of 2005'."

Short Title of 2004 Amendments

Pub. L. 108–454, §1(a), Dec. 10, 2004, 118 Stat. 3598, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Benefits Improvement Act of 2004'."

Pub. L. 108–454, title I, §101, Dec. 10, 2004, 118 Stat. 3600, provided that: "This title [amending sections 3011, 3012, 3032, 3232, 3452, 3501, 3512, 3532, 3672, 3675, 3677, 3684, 3687, and 3694 of this title and enacting provisions set out as notes under sections 3032, 3233, 3675, and 3687 of this title and section 16131 of Title 10, Armed Forces] may be cited as the 'Veterans Earn and Learn Act of 2004'."

Pub. L. 108–445, §1, Dec. 3, 2004, 118 Stat. 2636, provided that: "This Act [enacting section 7456A of this title, amending sections 7404, 7431 to 7433, and 7452 of this title, omitting sections 7434 to 7440 of this title, and enacting provisions set out as notes under section 7431 of this title] may be cited as the 'Department of Veterans Affairs Health Care Personnel Enhancement Act of 2004'."

Pub. L. 108–422, §1(a), Nov. 30, 2004, 118 Stat. 2379, provided that: "This Act [enacting sections 1744, 7327, 7328, and 8118 of this title, amending sections 305, 1703, 1710B, 1720D, 1741, 2013, 7401, 7803, 8104, 8109, 8111, 8122, and 8164 to 8166 of this title, repealing section 8116 of this title, enacting provisions set out as notes under sections 1710B, 1744, 7327, 7328, 7451, 8110, and 8118 of this title, and amending provisions set out as a note under section 1710B of this title] may be cited as the 'Veterans Health Programs Improvement Act of 2004'."

Pub. L. 108–363, §1, Oct. 25, 2004, 118 Stat. 1705, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2004'."

Short Title of 2003 Amendments

Pub. L. 108–183, §1(a), Dec. 16, 2003, 117 Stat. 2651, provided that: "This Act [enacting sections 1821, 4113, 5109B, and 7112 of this title and section 657f of Title 15, Commerce and Trade, amending sections 103, 107, 315, 544, 1104, 1112, 1303, 1311, 1322, 1729A, 1804, 1811, 1831, 1834, 1917, 1952, 1974, 2101, 2102, 2303, 2307, 2402, 2408, 3015, 3452, 3462, 3471, 3485, 3512, 3532, 3534, 3542, 3564, 3675, 3687, 3692, 3702, 3729, 3732, 3733, 3902, 4102A, 5101, 5102, 5103, 5121, 5301, 5317, 5318, 6105, and 7723 of this title, repealing sections 3698 and 3699 of this title, enacting provisions set out as notes under sections 103, 107, 1154, 1917, 2102, 2402, 3452, 3462, 3485, 3512, 3532, 3698, 3729, 4102A, 4113, 5101, 5102, 5103, 5121, 6105, and 7723 of this title, amending provisions set out as a note under section 103 of this title, and repealing provisions set out as a note under section 5101 of this title] may be cited as the 'Veterans Benefits Act of 2003'."

Pub. L. 108–170, §1(a), Dec. 6, 2003, 117 Stat. 2042, provided that: "This Act [enacting sections 7307 and 7364A of this title, amending sections 516, 1701, 1710, 1710A, 1712, 1718, 1720, 1722A, 1734, 2041, 2065, 7303, 7316, 7321, 7366, 7368, 7401 to 7405, 7409, 7421, 7454, 7802, 8104, 8107, 8121, 8153, and 8163 to 8165 of this title and section 1680f of Title 25, Indians, enacting provisions set out as notes under sections 7316, 7401, 7454, and 8121 of this title and section 1680f of Title 25, and amending provisions set out as notes under sections 1710B and 1712A of this title] may be cited as the 'Veterans Health Care, Capital Asset, and Business Improvement Act of 2003'."

Pub. L. 108–147, §1, Dec. 3, 2003, 117 Stat. 1885, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2003'."

Short Title of 2002 Amendments

Pub. L. 107–330, §1(a), Dec. 6, 2002, 116 Stat. 2820, provided that: "This Act [enacting section 3707A of this title, amending sections 103, 107, 112, 1114, 1115, 1160, 1162, 1311, 1313, 1314, 1562, 1701, 1705, 1707, 1710, 1729B, 1781, 2106, 2301, 2306, 2411, 3011, 3014A, 3018C, 3031, 3035, 3103, 3485, 3512, 3674, 3689, 3703, 3734, 7261, 7292, and 7315 of this title, section 6103 of Title 26, Internal Revenue Code, and section 3911 of Title 50, War and National Defense, enacting provisions set out as notes under sections 103, 112, 1562, 2306, 2409, 3035, 3103, 3512, 3703, 3729, 7261, and 7292 of this title and section 2412 of Title 28, Judiciary and Judicial Procedure, and amending provisions set out as notes under sections 2306 and 2400 of this title] may be cited as the 'Veterans Benefits Act of 2002'."

Pub. L. 107–288, §1(a), Nov. 7, 2002, 116 Stat. 2033, provided that: "This Act [enacting sections 4112 and 4215 of this title, amending sections 3117, 4101 to 4104, 4106, 4107, 4109, 4211, 4212, and 4214 of this title, repealing section 4104A of this title, and enacting provisions set out as notes under sections 4100, 4101, 4102, 4102A, 4103A, 4106, 4107, 4211, 4214, and 4215 of this title] may be cited as the 'Jobs for Veterans Act'."

Pub. L. 107–287, §1, Nov. 7, 2002, 116 Stat. 2024, provided that: "This Act [enacting sections 1785, 7325, 7326, and 8117 of this title, amending sections 308 and 8111A of this title and section 5315 of Title 5, Government Organization and Employees, enacting provisions set out as notes under sections 7325 and 7326 of this title, and amending provisions set out as a note preceding section 8117 of this title] may be cited as the 'Department of Veterans Affairs Emergency Preparedness Act of 2002'."

Pub. L. 107–247, §1, Oct. 23, 2002, 116 Stat. 1517, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2002'."

Pub. L. 107–135, §1(a), Jan. 23, 2002, 115 Stat. 2446, provided that: "This Act [enacting sections 1782 to 1784 and 7324 of this title, amending sections 103, 1701, 1705 to 1707, 1710, 1711, 1712A, 1714, 1729, 1729A, 1781, 7303, 7306, 7426, 7451, 7454, 7631, 7672, 7673, 7682, 7683, 8110 to 8111A, 8152, 8502, 8520, and 8521 of this title and sections 8415 and 8422 of Title 5, Government Organization and Employees, renumbering section 1713 of this title as section 1781 of this title, repealing sections 7676 and 7684 of this title, and enacting provisions set out as notes under sections 1705, 1710, 7303, 7311, 7324, 7451, 7454, 7631, and 7682 of this title and section 8415 of Title 5] may be cited as the 'Department of Veterans Affairs Health Care Programs Enhancement Act of 2001'."

Short Title of 2001 Amendments

Pub. L. 107–103, §1(a), Dec. 27, 2001, 115 Stat. 976, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Education and Benefits Expansion Act of 2001'."

Pub. L. 107–95, §1(a), Dec. 21, 2001, 115 Stat. 903, provided that: "This Act [enacting chapter 20 of this title, amending sections 1706, 1720A, 2031, 2033, 2034, 2051, 2052, 4103A, 4104, 8122, and 8162 of this title and sections 1437f and 11312 of Title 42, The Public Health and Welfare, renumbering sections 1771 to 1774 of this title as sections 2031 to 2034 of this title, respectively, section 3735 of this title as section 2041 of this title, and sections 3772 to 3775 of this title as sections 2051 to 2054 of this title, respectively, repealing sections 3771 and 4111 of this title and section 11448 of Title 42, enacting provisions set out as notes under sections 2001, 2061, and 8162 of this title, and repealing provisions set out as notes under section 7721 of this title] may be cited as the 'Homeless Veterans Comprehensive Assistance Act of 2001'."

Pub. L. 107–94, §1(a), Dec. 21, 2001, 115 Stat. 900, provided that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313, and 1314 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Rate Amendments of 2001'."

Pub. L. 107–14, §1(a), June 5, 2001, 115 Stat. 25, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Survivor Benefits Improvements Act of 2001'."

Short Title of 2000 Amendments

Pub. L. 106–475, §1, Nov. 9, 2000, 114 Stat. 2096, provided that: "This Act [enacting sections 5100, 5102 to 5103A, and 5126 of this title, amending sections 5106 and 5107 of this title, repealing former sections 5102 and 5103 of this title, and enacting provisions set out as a note under section 5107 of this title] may be cited as the 'Veterans Claims Assistance Act of 2000'."

Pub. L. 106–419, §1(a), Nov. 1, 2000, 114 Stat. 1822, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Benefits and Health Care Improvement Act of 2000'."

Pub. L. 106–413, §1, Nov. 1, 2000, 114 Stat. 1798, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 2000'."

Short Title of 1999 Amendments

Pub. L. 106–118, §1(a), Nov. 30, 1999, 113 Stat. 1601, provided that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313, and 1314 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 1999'."

Pub. L. 106–117, §1(a), Nov. 30, 1999, 113 Stat. 1545, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Millennium Health Care and Benefits Act'."

Pub. L. 106–117, title V, §501(a), Nov. 30, 1999, 113 Stat. 1573, provided that: "This section [amending section 1318 of this title] may be cited as the 'John William Rolen Act'."

Pub. L. 106–117, title X, §1001, Nov. 30, 1999, 113 Stat. 1587, provided that: "This title [enacting sections 7257 and 7299 of this title, amending sections 7253, 7254, 7281, and 7296 to 7298 of this title, and enacting provisions set out as notes under sections 7253 and 7296 of this title] may be cited as the 'Court of Appeals for Veterans Claims Amendments of 1999'."

Short Title of 1998 Amendments

Pub. L. 105–368, §1(a), Nov. 11, 1998, 112 Stat. 3315, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Programs Enhancement Act of 1998'."

Pub. L. 105–368, title VIII, §801, Nov. 11, 1998, 112 Stat. 3352, provided that: "This title [enacting sections 7671 to 7676 and 7681 to 7684 of this title, amending sections 7601 to 7604, 7632, and 7636 of this title, and repealing provisions set out as a note under section 7601 of this title] may be cited as the 'Department of Veterans Affairs Health Care Personnel Incentive Act of 1998'."

Pub. L. 105–277, div. C, title XVI, §1601, Oct. 21, 1998, 112 Stat. 2681–742, provided that: "This title [enacting section 1118 of this title, amending sections 1113 and 1117 of this title, and enacting provisions set out as a note under section 1117 of this title] may be cited as the 'Persian Gulf War Veterans Act of 1998'."

Pub. L. 105–178, title VIII, §8201, June 9, 1998, 112 Stat. 492, provided that: "This subtitle [subtitle B (§§8201–8209) of title VIII of Pub. L. 105–178, amending sections 1110, 1131, 1311, 2102, 3015, and 3902 of this title and section 16131 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 1311, 1521, 2102, 3015, and 3902 of this title and sections 1174 and 16131 of Title 10] may be cited as the 'Veterans Benefits Act of 1998'."

Short Title of 1997 Amendments

Pub. L. 105–114, §1(a), Nov. 21, 1997, 111 Stat. 2277, provided that: "This Act [enacting sections 319, 516, 1771 to 1774, and 7322 of this title, amending sections 1710, 1717, 1720, 1720A, 1720C, 1801, 1804, 1806, 2303, 3015, 3018C, 3680A, 3735, 3761, 3762, 5310, 7618, 8153, and 8169 of this title and sections 11448 and 11450 of Title 42, The Public Health and Welfare, repealing section 8168 of this title, enacting provisions set out as notes under sections 319, 516, 1710, 1801, 7322, and 7611 of this title, amending provisions set out as a note under section 7721 of this title, and repealing provisions set out as notes under sections 527, 1712, 1718, and 7721 of this title] may be cited as the 'Veterans' Benefits Act of 1997'."

Pub. L. 105–98, §1(a), Nov. 19, 1997, 111 Stat. 2155, provided that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313, and 1314 of this title and enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Rate Amendments of 1997'."

Pub. L. 105–33, title VIII, §8001(a), Aug. 5, 1997, 111 Stat. 663, provided that: "This title [enacting sections 1103, 1303, and 1729A of this title, amending sections 712, 1710, 1722A, 1729, 3720, 3726, 3729, 3732, 5302, 5317, and 5503 of this title, enacting provisions set out as notes under sections 712, 1729, 1729A, and 3726 of this title, and amending provisions set out as a note under section 1710 of this title] may be cited as the 'Veterans Reconciliation Act of 1997'."

Short Title of 1996 Amendments

Pub. L. 104–275, §1(a), Oct. 9, 1996, 110 Stat. 3322, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Improvements Act of 1996'."

Pub. L. 104–275, title IV, §401, Oct. 9, 1996, 110 Stat. 3337, provided that: "This title [amending sections 1315, 1965, 1967 to 1971, 1973, 1974, 1977, 3017, and 3224 of this title and enacting provisions set out as notes under sections 1965 and 1968 of this title] may be cited as the 'Veterans' Insurance Reform Act of 1996'."

Pub. L. 104–263, §1, Oct. 9, 1996, 110 Stat. 3212, provided that: "This Act [enacting provisions set out as a note under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 1996'."

Pub. L. 104–262, §1(a), Oct. 9, 1996, 110 Stat. 3177, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Health Care Eligibility Reform Act of 1996'."

Pub. L. 104–106, div. B, title XXVIII, §2822(a), Feb. 10, 1996, 110 Stat. 556, provided that: "This section [enacting section 3708 of this title and provisions set out as a note under section 3708 of this title] may be cited as the 'Military Housing Assistance Act of 1995'."

Short Title of 1995 Amendment

Pub. L. 104–57, §1, Nov. 22, 1995, 109 Stat. 555, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 1995'."

Short Title of 1994 Amendments

Pub. L. 103–452, §1(a), Nov. 2, 1994, 108 Stat. 4783, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Health Programs Extension Act of 1994'."

Pub. L. 103–446, §1(a), Nov. 2, 1994, 108 Stat. 4645, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Improvements Act of 1994'."

Pub. L. 103–446, title I, §101, Nov. 2, 1994, 108 Stat. 4647, provided that: "This Act [probably means title I of Pub. L. 103–446, see Tables for classification] may be cited as the 'Persian Gulf War Veterans' Benefits Act'."

Pub. L. 103–418, §1, Oct. 25, 1994, 108 Stat. 4336, provided that: "This Act [enacting provisions set out as notes under section 1114 of this title] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 1994'."

Pub. L. 103–353, §1, Oct. 13, 1994, 108 Stat. 3149, provided that: "This Act [see Tables for classification] may be cited as the 'Uniformed Services Employment and Reemployment Rights Act of 1994'."

Pub. L. 103–271, §1, July 1, 1994, 108 Stat. 740, provided that: "This Act [see Tables for classification] may be cited as the 'Board of Veterans' Appeals Administrative Procedures Improvement Act of 1994'."

Short Title of 1993 Amendments

Pub. L. 103–140, §1(a), Nov. 11, 1993, 107 Stat. 1485, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation Rates Amendments of 1993'."

Pub. L. 103–66, title XII, §12001, Aug. 10, 1993, 107 Stat. 413, provided that: "This title [see Tables for classification] may be cited as the 'Veterans Reconciliation Act of 1993'."

Short Title of 1992 Amendments

Pub. L. 102–590, §1, Nov. 10, 1992, 106 Stat. 5136, provided that: "This Act [see Tables for classification] may be cited as the 'Homeless Veterans Comprehensive Service Programs Act of 1992'."

Pub. L. 102–585, §1(a), Nov. 4, 1992, 106 Stat. 4943, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Health Care Act of 1992'."

Pub. L. 102–585, title I, §101, Nov. 4, 1992, 106 Stat. 4944, provided that: "This title [see Tables for classification] may be cited as the 'Women Veterans Health Programs Act of 1992'."

Pub. L. 102–578, §1, Oct. 30, 1992, 106 Stat. 4774, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Radiation Exposure Amendments of 1992'."

Pub. L. 102–568, §1(a), Oct. 29, 1992, 106 Stat. 4320, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Act of 1992'."

Pub. L. 102–568, title I, §101, Oct. 29, 1992, 106 Stat. 4321, provided that: "This title [see Tables for classification] may be cited as the 'Dependency and Indemnity Compensation Reform Act of 1992'."

Pub. L. 102–547, §1, Oct. 28, 1992, 106 Stat. 3633, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Home Loan Program Amendments of 1992'."

Pub. L. 102–510, §1, Oct. 24, 1992, 106 Stat. 3318, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 1992'."

Pub. L. 102–405, §1(a), Oct. 9, 1992, 106 Stat. 1972, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Medical Programs Amendments of 1992'."

Short Title of 1991 Amendments

Pub. L. 102–152, §1(a), Nov. 12, 1991, 105 Stat. 985, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation Rate Amendments of 1991'."

Pub. L. 102–127, §1, Oct. 10, 1991, 105 Stat. 619, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Educational Assistance Amendments of 1991'."

Pub. L. 102–86, §1(a), Aug. 14, 1991, 105 Stat. 414, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Programs Improvement Act of 1991'."

Pub. L. 102–83, §1(a), Aug. 6, 1991, 105 Stat. 378, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Codification Act'."

Pub. L. 102–40, §1(a), May 7, 1991, 105 Stat. 187, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Health-Care Personnel Act of 1991'."

Pub. L. 102–40, title I, §101, May 7, 1991, 105 Stat. 187, provided that: "This title [see Tables for classification] may be cited as the 'Department of Veterans Affairs Physician and Dentist Recruitment and Retention Act of 1991'."

Pub. L. 102–40, title II, §201, May 7, 1991, 105 Stat. 200, provided that: "This title [see Tables for classification] may be cited as the 'Department of Veterans Affairs Labor Relations Improvement Act of 1991'."

Pub. L. 102–25, title III, §331, Apr. 6, 1991, 105 Stat. 88, provided that: "This part [part C (§§331–341) of title III of Pub. L. 102–25, see Tables for classification] may be cited as the 'Persian Gulf War Veterans' Benefits Act of 1991'."

Pub. L. 102–4, §1, Feb. 6, 1991, 105 Stat. 11, provided that: "This Act [see Tables for classification] may be cited as the 'Agent Orange Act of 1991'."

Pub. L. 102–3, §1(a), Feb. 6, 1991, 105 Stat. 7, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation Amendments of 1991'."

Short Title of 1990 Amendment

Pub. L. 101–366, §1, Aug. 15, 1990, 104 Stat. 430, provided that: "This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Nurse Pay Act of 1990'."

Short Title of 1989 Amendments

Pub. L. 101–237, §1(a), Dec. 18, 1989, 103 Stat. 2062, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Amendments of 1989'."

Pub. L. 101–237, title III, §301, Dec. 18, 1989, 103 Stat. 2069, provided that: "This title [see Tables for classification] may be cited as the 'Veterans Home Loan Indemnity and Restructuring Act of 1989'."

Pub. L. 101–237, title IV, §401, Dec. 18, 1989, 103 Stat. 2078, provided that: "This title [see Tables for classification] may be cited as the 'Veterans Education and Employment Amendments of 1989'."

Pub. L. 101–94, §1, Aug. 16, 1989, 103 Stat. 617, provided that: "This Act [see Tables for classification] may be cited as the 'Court of Veterans Appeals Judges Retirement Act'."

Short Title of 1988 Amendments

Pub. L. 100–689, §1, Nov. 18, 1988, 102 Stat. 4161, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits and Programs Improvement Act of 1988'."

Pub. L. 100–687, div. A, §1(a), Nov. 18, 1988, 102 Stat. 4105, provided that: "This division [see Tables for classification] may be cited as the 'Veterans' Judicial Review Act'."

Pub. L. 100–687, div. B, §1001(a), Nov. 18, 1988, 102 Stat. 4122, provided that: "This division [see Tables for classification] may be cited as the 'Veterans' Benefits Improvement Act of 1988'."

For short title of Pub. L. 100–527 as the "Department of Veterans Affairs Act", see section 1 of Pub. L. 100–527, set out as a note under section 301 of this title.

Pub. L. 100–323, §1(a), May 20, 1988, 102 Stat. 556, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Employment, Training, and Counseling Amendments of 1988'."

Pub. L. 100–322, §1(a), May 20, 1988, 102 Stat. 487, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits and Services Act of 1988'."

Pub. L. 100–321, §1, May 20, 1988, 102 Stat. 485, provided that: "This Act [see Tables for classification] may be cited as the 'Radiation-Exposed Veterans Compensation Act of 1988'."

Pub. L. 100–253, §1, Feb. 29, 1988, 102 Stat. 20, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Home Loan Program Emergency Amendments of 1988'."

Short Title of 1987 Amendments

Pub. L. 100–227, §1(a), Dec. 31, 1987, 101 Stat. 1552, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 1987'."

Pub. L. 100–198, §1(a), Dec. 21, 1987, 101 Stat. 1315, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987'."

Pub. L. 100–48, §1, June 1, 1987, 101 Stat. 331, provided that: "This Act [see Tables for classification] may be cited as the 'New GI Bill Continuation Act'."

Short Title of 1986 Amendments

Pub. L. 99–576, §1(a), Oct. 28, 1986, 100 Stat. 3248, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Improvement and Health-Care Authorization Act of 1986'."

Pub. L. 99–272, title XIX, §19001(a), Apr. 7, 1986, 100 Stat. 372, provided that: "This title [see Tables for classification] may be cited as the 'Veterans' Health-Care Amendments of 1986'."

Pub. L. 99–238, §1, Jan. 13, 1986, 99 Stat. 1765, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation Rate Increase and Job Training Amendments of 1985'."

Short Title of 1985 Amendment

Pub. L. 99–166, §1(a), Dec. 3, 1985, 99 Stat. 941, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Administration Health-Care Amendments of 1985'."

Short Title of 1984 Amendments

Pub. L. 98–543, §1(a), Oct. 24, 1984, 98 Stat. 2735, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Benefits Improvement Act of 1984'."

For short title of Pub. L. 98–542 as the "Veterans' Dioxin and Radiation Exposure Compensation Standards Act", see section 1 of Pub. L. 98–542, set out as a note under section 1154 of this title.

Pub. L. 98–528, §1(a), Oct. 19, 1984, 98 Stat. 2686, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Health Care Act of 1984'."

Pub. L. 98–525, title VII, §701, Oct. 19, 1984, 98 Stat. 2553, as amended by Pub. L. 100–48, §2, June 1, 1987, 101 Stat. 331, provided that: "This title [see Tables for classification] may be cited as the 'Montgomery GI Bill Act of 1984'."

Pub. L. 98–223, §1(a), Mar. 2, 1984, 98 Stat. 37, provided: "That (a) this Act [see Tables for classification] may be cited as the 'Veterans' Compensation and Program Improvements Amendments of 1984'."

Short Title of 1983 Amendment

Pub. L. 98–160, §1(a), Nov. 21, 1983, 97 Stat. 993, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Health Care Amendments of 1983'."

Short Title of 1982 Amendments

Pub. L. 97–306, §1(a), Oct. 14, 1982, 96 Stat. 1429, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation, Education, and Employment Amendments of 1982'."

Pub. L. 97–251, §1(a), Sept. 8, 1982, 96 Stat. 711, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Administration Health-Care Programs Improvement and Extension Act of 1982'."

Pub. L. 97–174, §1, May 4, 1982, 96 Stat. 70, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Administration and Department of Defense Health Resources Sharing and Emergency Operations Act'."

Short Title of 1981 Amendments

Pub. L. 97–72, §1(a), Nov. 3, 1981, 95 Stat. 1047, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Health Care, Training, and Small Business Loan Act of 1981'."

Pub. L. 97–72, title III, §301, Nov. 3, 1981, 95 Stat. 1055, provided that: "This title [see Tables for classification] may be cited as the 'Veterans' Small Business Loan Act of 1981'."

Pub. L. 97–66, §1(a), Oct. 17, 1981, 95 Stat. 1026, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Disability Compensation, Housing, and Memorial Benefits Amendments of 1981'."

Pub. L. 97–37, §1(a), Aug. 14, 1981, 95 Stat. 935, provided that: "this Act [see Tables for classification] may be cited as the 'Former Prisoner of War Benefits Act of 1981'."

Short Title of 1980 Amendments

Pub. L. 96–466, §1(a), Oct. 17, 1980, 94 Stat. 2171, provided that: "this Act [see Tables for classification] may be cited as the 'Veterans' Rehabilitation and Education Amendments of 1980'."

Pub. L. 96–385, §1(a), Oct. 7, 1980, 94 Stat. 1528, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Disability Compensation and Housing Benefits Amendments of 1980'."

Pub. L. 96–330, §1(a), Aug. 26, 1980, 94 Stat. 1030, provided that: "this Act [see Tables for classification] may be cited as the 'Veterans' Administration Health-Care Amendments of 1980'."

Short Title of 1979 Amendments

Pub. L. 96–151, §1(a), Dec. 20, 1979, 93 Stat. 1092, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Health Programs Extension and Improvement Act of 1979'."

Pub. L. 96–128, §1, Nov. 28, 1979, 93 Stat. 982, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Disability Compensation and Survivors' Benefits Amendments of 1979'."

Pub. L. 96–22, §1(a), June 13, 1979, 93 Stat. 47, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Health Care Amendments of 1979'."

Short Title of 1978 Amendments

Pub. L. 95–588, §1, Nov. 4, 1978, 92 Stat. 2497, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' and Survivors' Pension Improvement Act of 1978'."

Pub. L. 95–520, §1, Oct. 26, 1978, 92 Stat. 1820, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Administration Programs Extension Act of 1978'."

Pub. L. 95–479, §1(a), Oct. 18, 1978, 92 Stat. 1560, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Disability Compensation and Survivors' Benefits Act of 1978'."

Pub. L. 95–476, §1(a), Oct. 18, 1978, 92 Stat. 1497, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Housing Benefits Act of 1978'."

Short Title of 1977 Amendments

Pub. L. 95–204, §1, Dec. 2, 1977, 91 Stat. 1455, provided: "That this Act [see Tables for classification] be cited as the 'Veterans and Survivors Pension Adjustment Act of 1977'."

Pub. L. 95–202, §1, Nov. 23, 1977, 91 Stat. 1433, provided: "That this Act [see Tables for classification] may be cited as the 'GI Bill Improvement Act of 1977'."

Pub. L. 95–201, §1, Nov. 23, 1977, 91 Stat. 1429, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Administration Physician and Dentist Pay Comparability Amendments of 1977'."

Pub. L. 95–117, §1, Oct. 3, 1977, 91 Stat. 1063, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1977'."

Pub. L. 95–62, §1, July 5, 1977, 91 Stat. 262, provided: "That this Act [see Tables for classification] may be cited as the 'State Veterans' Home Assistance Improvement Act of 1977'."

Short Title of 1976 Amendments

Pub. L. 94–581, §1, Oct. 21, 1976, 90 Stat. 2842, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Omnibus Health Care Act of 1976'."

Pub. L. 94–581, title II, §201, Oct. 21, 1976, 90 Stat. 2855, provided that: "This title [see Tables for classification] may be cited as the 'Veterans Medical Technical and Conforming Amendments of 1976'."

Pub. L. 94–502, §1, Oct. 15, 1976, 90 Stat. 2383, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Education and Employment Assistance Act of 1976'."

Pub. L. 94–502, §401, Oct. 15, 1976, 90 Stat. 2392, provided that: "This title [see Tables for classification] may be cited as the 'Post-Vietnam Era Veterans' Educational Assistance Act of 1977'."

Pub. L. 94–433, §1, Sept. 30, 1976, 90 Stat. 1374, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1976'."

Pub. L. 94–432, §1, Sept. 30, 1976, 90 Stat. 1369, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans and Survivors Pension Adjustment Act of 1976'."

Pub. L. 94–324, §1, June 30, 1976, 90 Stat. 720, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans Housing Amendments Act of 1976'."

Short Title of 1975 Amendments

Pub. L. 94–169, §1, Dec. 23, 1975, 89 Stat. 1013, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans and Survivors Pension Interim Adjustment Act of 1975'."

Pub. L. 94–123, §1, Oct. 22, 1975, 89 Stat. 669, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Administration Physician and Dentist Pay Comparability Act of 1975'."

Pub. L. 94–71, §1, Aug. 5, 1975, 89 Stat. 395, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1975'."

Short Title of 1974 Amendments

Pub. L. 93–602, title II, §201, Jan. 2, 1975, 88 Stat. 1958, provided that: "This title [see Tables for classification] may be cited as the 'Veterans' Education and Rehabilitation Equalization Amendments Act of 1974'."

Pub. L. 93–569, §1, Dec. 31, 1974, 88 Stat. 1863, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Housing Act of 1974'."

Pub. L. 93–538, §1, Dec. 22, 1974, 88 Stat. 1736, provided: "That this Act [see Tables for classification] may be cited as the 'Disabled Veterans' and Servicemen's Automobile and Adaptive Equipment Amendments of 1974'."

Pub. L. 93–527, §1, Dec. 21, 1974, 88 Stat. 1702, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans and Survivors Pension Adjustment Act of 1974'."

Pub. L. 93–508, §1, Dec. 3, 1974, 88 Stat. 1578, provided: "That this Act [see Tables for classification] may be cited as the 'Vietnam Era Veterans' Readjustment Assistance Act of 1974'."

Pub. L. 93–295, §1, May 31, 1974, 88 Stat. 180, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1974'."

Pub. L. 93–289, §1, May 24, 1974, 88 Stat. 165, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Insurance Act of 1974'."

Short Title of 1973 Amendments

Pub. L. 93–82, §1, Aug. 2, 1973, 87 Stat. 179, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Health Care Expansion Act of 1973'."

Pub. L. 93–43, §1, June 18, 1973, 87 Stat. 75, provided: "That this Act [see Tables for classification] may be cited as the 'National Cemeteries Act of 1973'."

Short Title of 1972 Amendments

Pub. L. 92–541, §1, Oct. 24, 1972, 86 Stat. 1100, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972'."

Pub. L. 92–540, §1, Oct. 24, 1972, 86 Stat. 1074, provided: "That this Act [see Tables for classification] may be cited as the 'Vietnam Era Veterans' Readjustment Assistance Act of 1972'."

Pub. L. 92–540, title V, §501, Oct. 24, 1972, 86 Stat. 1094, provided that: "This title [see Tables for classification] may be cited as the 'Veterans' Employment and Readjustment Act of 1972'."

Pub. L. 92–328, §1, June 30, 1972, 86 Stat. 393, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Compensation and Relief Act of 1972'."

Short Title of 1971 Amendment

Pub. L. 91–666, §1, Jan. 11, 1971, 84 Stat. 1998, provided: "That this Act [see Tables for classification] may be cited as the 'Disabled Veterans' and Servicemen's Automobile Assistance Act of 1970'."

Short Title of 1970 Amendments

Pub. L. 91–506, §1, Oct. 23, 1970, 84 Stat. 1108, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Housing Act of 1970'."

Pub. L. 91–219, §1, Mar. 26, 1970, 84 Stat. 76, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Education and Training Amendments Act of 1970'."

Short Title of 1967 Amendment

Pub. L. 90–77, §1, Aug. 31, 1967, 81 Stat. 178, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Pension and Readjustment Assistance Act of 1967'."

Short Title of 1966 Amendments

Pub. L. 89–785, §1, Nov. 7, 1966, 80 Stat. 1368, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans Hospitalization and Medical Services Modernization Amendments of 1966'."

Pub. L. 89–358, §1, Mar. 3, 1966, 80 Stat. 12, provided that: "This Act [see Tables for classification] may be cited as the 'Veterans' Readjustment Benefits Act of 1966'."

Short Title of 1959 Amendment

Pub. L. 86–211, §1, Aug. 29, 1959, 73 Stat. 432, provided: "That this Act [see Tables for classification] may be cited as the 'Veterans' Pension Act of 1959'."

Construction of 2022 Amendment

Pub. L. 117–168, title IV, §407, Aug. 10, 2022, 136 Stat. 1785, provided that:

"(a) Generally.—Nothing in this Act [see Short Title of 2022 Amendment note set out above] shall be construed to prevent the Secretary of Veterans Affairs from processing claims for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection, as a claim for benefits for a condition or disease with direct service connection.

"(b) Effective Dates and Applicability.—The Secretary shall not deny a claim for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection because the claimant filed the claim prior to the effective date or date of applicability for that particular condition or disease."

Construction of 2017 Amendment

Pub. L. 115–55, §2(y), Aug. 23, 2017, 131 Stat. 1116, provided that: "Nothing in this section [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, and 7111 of this title, repealing sections 7106 and 7109 of this title, and enacting provisions set out as notes under this section and section 5108 of this title] or any of the amendments made by this section shall be construed to limit the ability of a claimant to request a revision of a decision under section 5109A or 7111 of title 38, United States Code."

[For definition of "claimant" as used in section 2(y) of Pub. L. 115–55, set out above, see section 6 of Pub. L. 115–55, set out in a note under section 5101 of this title.]

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Amendments to Tables of Contents by Pub. L. 117–168

Pub. L. 117–168, §1(b)(2), Aug. 10, 2022, 136 Stat. 1759, provided that: "Except as otherwise expressly provided, when an amendment made by this Act to title 38, United States Code [see Tables for classification], adds a section or larger organizational unit to that title or amends the designation or heading of a section or larger organizational unit in that title, that amendment also shall have the effect of amending any table of sections in that title to alter the table to conform to the changes made by the amendment."

Honoring as Veterans Certain Persons Who Performed Service in the Reserve Components of the Armed Forces

Pub. L. 114–315, title III, §305, Dec. 16, 2016, 130 Stat. 1552, provided that: "Any person who is entitled under chapter 1223 of title 10, United States Code, to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this honor."

Coordination of Provisions With Pub. L. 109–444

Pub. L. 109–461, title X, §1006(b), Dec. 22, 2006, 120 Stat. 3468, provided that: "If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006 [Pub. L. 109–444, approved Dec. 21, 2006], then as of the date of the enactment of this Act [Dec. 22, 2006], the Veterans Programs Extension Act of 2006 [see Tables for classification] and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect."

Redesignation of Sections; Coordination of Redesignations With Other Amendments by Pub. L. 102–83

Pub. L. 102–83, §5, Aug. 6, 1991, 105 Stat. 406, provided that:

"(a) Redesignation of Sections To Conform To Chapter Numbers.—Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

"(b) Tables of Sections and Chapters.—(1) The tables of sections at the beginning of the chapters referred to in subsection (a) are revised so as to conform the section references in those tables to the redesignations made by that subsection.

"(2) The table of chapters before part I and the tables of chapters at the beginning of parts I, II, and III are revised so as to conform the section references in those tables to the redesignations made by subsection (a).

"(c) Cross-References.—(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

"(2) Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (a) shall be deemed to refer to the section as so redesignated.

"(d) Rule for Execution.—The redesignations made by subsection (a) and the amendments made by subsections (b) and (c) shall be executed after any other amendments made by this Act [see Tables for classification]."

Study of Benefits Payable to Persons Residing Outside the United States; Report and Recommendations Not Later Than February 1, 1980

Pub. L. 96–22, title IV, §402, June 13, 1979, 93 Stat. 63, authorized Administrator of Veterans' Affairs, in consultation with Secretary of State, to carry out a comprehensive study of benefits payable under this title to persons residing outside the fifty States and the District of Columbia and required submission of a report to Congress and to President on results of such study not later than Feb. 1, 1980.

Disability Compensation or Dependency and Indemnity Compensation Award; Effective Date

Pub. L. 91–621, §6(b), Dec. 31, 1970, 84 Stat. 1864, provided effective date for an award by Veteran's Administration arising from injury or death occurring prior to Dec. 31, 1970, and based on a claim arising from amendments made to pars. (21)(C) and (25)(F) of this section and section 5305 of this title, prior to repeal by Pub. L. 107–372, title II, §271(3), Dec. 19, 2002, 116 Stat. 3094.

Secretary and Department Defined

Pub. L. 106–117, §3, Nov. 30, 1999, 113 Stat. 1547, provided that: "For purposes of this Act [see Tables for classification]—

"(1) the term 'Secretary' means the Secretary of Veterans Affairs; and

"(2) the term 'Department' means the Department of Veterans Affairs."

Definition of Administrator for 1988 Amendments

Pub. L. 100–687, div. B, §1002, Nov. 18, 1988, 102 Stat. 4122, provided that: "For purposes of this division [see Tables for classification], the term 'Administrator' means the Administrator of Veterans' Affairs."

Pub. L. 100–322, §3, May 20, 1988, 102 Stat. 489, provided that: "For purposes of this Act [see Tables for classification], the term 'Administrator' means the Administrator of Veterans' Affairs."

Executive Documents

Proc. No. 4373. Terminal Date Respecting Service During Vietnam Era

Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided:

The Congress has provided that entitlement to certain veterans benefits be limited to persons serving in the Armed Forces during the period, beginning August 5, 1964, referred to as the Vietnam era. The President is authorized to determine the last day on which a person must have entered the active military, naval, or air service during that period.

The signing of the cease-fire agreements and implementing protocols on January 27, 1973, between the United States of America and the Republic of Vietnam, on the one hand, and the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam on the other hand, has terminated active participation by the Armed Forces of the United States in the Vietnam conflict.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 101(29) of Title 38 of the United States Code, do hereby proclaim, for the purposes of said Section 101(29), that May 7, 1975, is designated as the last day of the "Vietnam era."

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford.      

¹ See Change of Name note below.

§102. Dependent parents

(a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.

(b) Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.

(c) For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89–358, §4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92–540, title IV, §408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–432, title IV, §402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99–576, title VII, §701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102–54, §14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

Editorial Notes

Amendments

1991—Subsecs. (a), (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary shall" for "Administrator shall".

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Pub. L. 102–54 substituted "(c)" for "(C)" as subsec. designation.

1986—Pub. L. 99–576, §701(1)(B), substituted "Dependent parents" for "Dependent parents; husbands" in section catchline.

Subsec. (a). Pub. L. 99–576, §701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C).

Subsec. (b). Pub. L. 99–576, §701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b) and substituted "(1)" and "(2)" for "(A)" and "(B)", respectively. Former subsec. (b), which read "For the purposes of this title, (1) the term 'wife' includes the husband of any female veteran; and (2) the term 'widow' includes the widower of any female veteran", was struck out.

Subsec. (c). Pub. L. 99–576, §701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted "For the purposes of this section," for "For the purposes of this subsection".

1976—Subsec. (a)(2). Pub. L. 94–432 substituted prohibition against denial of dependency of a parent "(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support" for such prohibition "(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator".

1972—Pub. L. 92–540, §408(2), substituted "Dependent parents; husbands" for "Dependent parents and dependent husbands" in section catchline.

Subsec. (b). Pub. L. 92–540, §408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of "wife" and "widow" provisions relating to the ability of such persons to maintain and support themselves.

1966—Subsec. (a)(2). Pub. L. 89–358, §4(e), substituted "Dependency" for "Except for the purposes of chapter 33 of this title, dependency".

Subsec. (b). Pub. L. 89–358, §4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94–432, set out as a note under section 1521 of this title.

§103. Special provisions relating to marriages

(a) Whenever, in the consideration of any claim filed by a person as the widow or widower of a veteran for gratuitous death benefits under laws administered by the Secretary, it is established by evidence satisfactory to the Secretary that such person, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with the veteran for one year or more immediately before the veteran's death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow or widower of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection.

(b) Where a surviving spouse has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met.

(c) In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.

(d)(1) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.

(2)(A) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or divorce unless the Secretary determines that the divorce was secured through fraud or collusion.

(B) The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under chapter 13 or section 1781 of this title to such person as the surviving spouse of the veteran.

(3) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that person's spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply in the case of the benefits specified in paragraph (5).

(4) The first month of eligibility for benefits for a surviving spouse by reason of paragraph (2)(A) or (3) shall be the month after—

(A) the month of the termination of such remarriage, in the case of a surviving spouse described in paragraph (2)(A); or

(B) the month of the cessation described in paragraph (3), in the case of a surviving spouse described in that paragraph.

(5) Paragraphs (2)(A) and (3) apply with respect to benefits under the following provisions of this title:

(A) Section 1311, relating to dependency and indemnity compensation.

(B) Section 1781, relating to medical care for survivors and dependents of certain veterans.

(C) Chapter 35, relating to educational assistance.

(D) Chapter 37, relating to housing loans.

(E) Section 1562(a)(2), relating to Medal of Honor special pension.

(e) The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87–674, §2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 90–77, title I, §101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91–376, §4, Aug. 12, 1970, 84 Stat. 789; Pub. L. 93–527, §9(a), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 99–576, title VII, §701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 101–508, title VIII, §8004(a), Nov. 5, 1990, 104 Stat. 1388–343; Pub. L. 102–83, §4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 106–117, title V, §502(a), Nov. 30, 1999, 113 Stat. 1574; Pub. L. 107–135, title II, §208(e)(1), Jan. 23, 2002, 115 Stat. 2463; Pub. L. 107–330, title I, §101(a), Dec. 6, 2002, 116 Stat. 2821; Pub. L. 108–183, title I, §101(a), title VII, §708(a)(1), Dec. 16, 2003, 117 Stat. 2652, 2673; Pub. L. 116–315, title II, §§2003(b)(2)(B), 2009, Jan. 5, 2021, 134 Stat. 4970, 4978.)

Editorial Notes

Amendments

2021—Subsec. (d)(2)(B). Pub. L. 116–315, §2009, inserted "chapter 13 or" after "benefits under".

Subsec. (d)(5)(E). Pub. L. 116–315, §2003(b)(2)(B), added subpar. (E).

2003—Subsec. (d)(2)(B). Pub. L. 108–183, §101(a), substituted "The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55" for "The remarriage after age 55".

Subsec. (d)(4). Pub. L. 108–183, §708(a)(1)(A)(i), substituted "paragraph (2)(A) or (3)" for "this subsection" in introductory provisions.

Subsec. (d)(4)(A). Pub. L. 108–183, §708(a)(1)(A)(ii), substituted "paragraph (2)(A)" for "paragraph (2)".

Subsec. (d)(5). Pub. L. 108–183, §708(a)(1)(B), substituted "Paragraphs (2)(A)" for "Paragraphs (2)" in introductory provisions.

2002—Subsec. (d)(2). Pub. L. 107–330 designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (d)(5)(B). Pub. L. 107–135 substituted "1781" for "1713".

1999—Subsec. (d). Pub. L. 106–117 designated existing provisions as par. (1) and added pars. (2) to (5).

1991—Subsec. (a). Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), substituted "administered by the Secretary" for "administered by the Veterans' Administration" and "Secretary" for "Administrator".

Subsec. (c). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Subsecs. (d), (e). Pub. L. 102–83, §4(a)(2)(A)(i), substituted "Secretary" for "Veterans' Administration".

1990—Subsec. (d). Pub. L. 101–508, §8004(a)(1), designated par. (1) as entire subsec. (d) and struck out pars. (2) and (3) which read as follows:

"(2) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by the surviving spouse or collusion.

"(3) If a surviving spouse ceases living with another person and holding himself or herself out openly to the public as that person's spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply."

Subsec. (e). Pub. L. 101–508, §8004(a)(2), designated par. (1) as entire subsec. (e) and struck out par. (2) which read as follows: "The marriage of a child of a veteran shall not bar the recognition of such child as the child of the veteran for benefit purposes if the marriage has been terminated by death or has been dissolved by a court, with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by either party or collusion."

1986—Subsec. (a). Pub. L. 99–576, §701(2)(A), substituted "person as the widow or widower" for "woman as the widow", "such person" for "she", "the veteran" for "him", "the veteran's" for "his", and "legal widow or widower" for "legal widow".

Subsec. (b). Pub. L. 99–576, §701(2)(B), substituted "surviving spouse" for "widow".

Subsec. (c). Pub. L. 99–576, §701(2)(C), substituted "person is or was the spouse" for "woman is or was the wife".

Subsec. (d)(1). Pub. L. 99–576, §701(2)(D), substituted "surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse" for "widow of a veteran shall not bar the furnishing of benefits to her as the widow".

Subsec. (d)(2). Pub. L. 99–576, §701(2)(E), substituted "surviving spouse" for "widow" wherever appearing, and "such person" for "her".

Subsec. (d)(3). Pub. L. 99–576, §701(2)(F), substituted "surviving spouse" for "widow" wherever appearing, "person" for "man", "himself or herself" for "herself", "that person's spouse" for "his wife", and "that person" for "her".

1974—Subsec. (e). Pub. L. 93–527 designated existing provisions as par. (1) and added par. (2).

1970—Subsec. (d). Pub. L. 91–376 designated existing provisions as par. (1) and added pars. (2) and (3).

1967—Subsec. (a). Pub. L. 90–77 reduced cohabitation period from five years to one year for purposes of deeming a purported marriage valid and provided for cohabitation for any period of time if a child was born of the purported marriage or was born before the marriage.

1962—Subsecs. (d), (e). Pub. L. 87–674 added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title II, §2003(b)(3), Jan. 5, 2021, 134 Stat. 4970, provided that: "The amendments made by this subsection [amending this section and section 1562 of this title] shall apply with respect to payment of pension under section 1562 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Jan. 5, 2021]."

Effective Date of 2003 Amendment

Pub. L. 108–183, title I, §101(c), Dec. 16, 2003, 117 Stat. 2653, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] shall take effect on January 1, 2004."

Effective Date of 2002 Amendment

Pub. L. 107–330, title I, §101(c), Dec. 6, 2002, 116 Stat. 2821, provided that: "The amendments made by this section [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Dec. 6, 2002]."

Effective Date of 1999 Amendment

Pub. L. 106–117, title V, §502(c), Nov. 30, 1999, 113 Stat. 1574, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] shall take effect on the first day of the first month beginning after the month in which this Act is enacted [November 1999]."

Effective Date of 1990 Amendment

Pub. L. 101–508, title VIII, §8004(b), Nov. 5, 1990, 104 Stat. 1388–343, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to claims filed after October 31, 1990, and shall not operate to reduce or terminate benefits to any individual whose benefits were predicated on section 103(d)(2), 103(d)(3), or 103(e)(2) before the effective date of those amendments."

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–527 effective Jan. 1, 1975, see section 10 of Pub. L. 93–527, set out as a note under section 1521 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–376 effective Jan. 1, 1971, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Retroactive Benefits Prohibited

Pub. L. 108–183, title I, §101(d), Dec. 16, 2003, 117 Stat. 2653, provided that: "No benefit may be paid to any person by reason of the amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] for any period before the effective date specified in subsection (c) [set out as an Effective Date of 2003 Amendment note above]."

Application for Benefits

Pub. L. 108–183, title I, §101(e), Dec. 16, 2003, 117 Stat. 2653, provided that: "In the case of an individual who but for having remarried would be eligible for benefits under title 38, United States Code, by reason of the amendment made by subsection (a) [amending this section] and whose remarriage was before the date of the enactment of this Act [Dec. 16, 2003] and after the individual had attained age 57, the individual shall be eligible for such benefits by reason of such amendment only if the individual submits an application for such benefits to the Secretary of Veterans Affairs not later than the end of the one-year period beginning on the date of the enactment of this Act."

Pub. L. 107–330, title I, §101(b), Dec. 6, 2002, 116 Stat. 2821, as amended by Pub. L. 108–183, title I, §101(f), Dec. 16, 2003, 117 Stat. 2653, provided that: "In the case of an individual who but for having remarried would be eligible for medical care under section 1781 of title 38, United States Code, and whose remarriage was before the date of the enactment of this Act [Dec. 6, 2002] and after the individual had attained age 55, the individual shall be eligible for such medical care by reason of the amendments made by subsection (a) [amending this section] only if an application for such medical care is received by the Secretary of Veterans Affairs before the end of the one-year period beginning on the date of the enactment of the Veterans Benefits Act of 2003 [Dec. 16, 2003]."

Limitation on Payments

Pub. L. 106–117, title V, §502(d), Nov. 30, 1999, 113 Stat. 1574, provided that: "No payment may be made to a person by reason of paragraphs (2) and (3) of section 103(d) of title 38, United States Code, as added by subsection (a), for any period before the effective date specified in subsection (c) [set out as an Effective Date of 1999 Amendment note above]."

Applicability of Amendments

Pub. L. 102–568, title I, §103, Oct. 29, 1992, 106 Stat. 4322, provided that:

"(a) Exception.—The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) [Pub. L. 101–508, 104 Stat. 1388–343, amending this section] shall not apply to any case in which a legal proceeding to terminate an existing marital relationship was commenced before November 1, 1990, by an individual described in subsection (b) if that proceeding directly resulted in the termination of such marriage.

"(b) Covered Individuals.—An individual referred to in subsection (a) is an individual who, but for the marital relationship referred to in subsection (a), would be considered to be the surviving spouse of a veteran."

Pub. L. 102–86, title V, §502, Aug. 14, 1991, 105 Stat. 424, provided that: "The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508) [amending this section] shall not apply with respect to any individual who on October 31, 1990, was a surviving spouse or child within the meaning of title 38, United States Code, unless after that date that individual (1) marries, or (2) in the case of a surviving spouse, begins to live with another person while holding himself or herself out openly to the public as that person's spouse."

Reinstatement of Benefits Subsequent to Termination of Relationship or Conduct Restricting Payment of Benefits; Effective Date of Award

Pub. L. 91–376, §5, Aug. 12, 1970, 84 Stat. 789, effective January 1, 1971, provided that:

"(a) If a widow terminates a relationship or conduct which resulted in imposition of a prior restriction on payment of benefits, in the nature of inference or presumption of remarriage, or relating to open and notorious adulterous cohabitation or similar conduct, she shall not be denied any benefits by the Veterans' Administration, other than insurance, solely because of such prior relationship or conduct.

"(b) The effective date of an award of benefits resulting from enactment of subsection (a) of this section shall not be earlier than the date of receipt of application therefor, filed after termination of the particular relationship or conduct and after December 31, 1970."

§104. Approval of educational institutions

(a) For the purpose of determining whether or not benefits are payable under this title (except chapter 35 of this title) for a child over the age of eighteen years and under the age of twenty-three years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.

(b) The Secretary may not approve an educational institution under this section unless such institution has agreed to report to the Secretary the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91–24, §1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99–576, title VII, §701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 substituted "Secretary" for "Administrator" wherever appearing.

1986—Subsec. (b). Pub. L. 99–576 substituted "report to the Administrator" for "report to him".

1969—Subsec. (a). Pub. L. 91–24 substituted "the age of twenty-three years" for "the age of twenty-one years".

§105. Line of duty and misconduct

(a) An injury or disease incurred during active military, naval, air, or space service will be deemed to have been incurred in line of duty and not the result of the veteran's own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, air, or space service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person's own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.

(b) The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).

(c) For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99–576, title VII, §701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100–689, title I, §109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101–508, title VIII, §8052(a)(1), Nov. 5, 1990, 104 Stat. 1388–351; Pub. L. 102–83, §4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 116–283, div. A, title IX, §926(a)(2), Jan. 1, 2021, 134 Stat. 3829.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted "air, or space service" for "or air service" in two places.

1991—Subsec. (c). Pub. L. 102–83 substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1990—Subsec. (a). Pub. L. 101–508 substituted "a result of the person's own willful misconduct or abuse of alcohol or drugs" for "the result of the person's own willful misconduct".

1988—Subsec. (c). Pub. L. 100–689 added subsec. (c).

1986—Subsec. (a). Pub. L. 99–576, §701(4)(A), substituted "result of the person's" for "result of his" and "requiring the person" for "requiring him".

Subsec. (b)(1). Pub. L. 99–576, §701(4)(B), substituted "service or by absenting himself or herself" for "service, or by absenting himself".

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–508, title VIII, §8052(b), Nov. 5, 1990, 104 Stat. 1388–351, provided that: "The amendments made by subsection (a) [amending this section and sections 310 and 331 [now 1110 and 1131] of this title] shall take effect with respect to claims filed after October 31, 1990."

§106. Certain service deemed to be active service

(a)(1) Service as a member of the Women's Army Auxiliary Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Women's Army Auxiliary Corps or the Women's Army Corps shall be considered active duty for the purposes of all laws administered by the Secretary.

(2) Any person entitled to compensation or pension by reason of this subsection and to employees' compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.

(b) Any person—

(1) who has applied for enlistment or enrollment in the active military, naval, air, or space service and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or

(2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of the person's local draft board and before rejection; or

(3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and

who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, air, or space service.

(c) For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during the period of time immediately following the date of such discharge or release from such duty determined by the Secretary concerned to have been required for that individual to proceed to that individual's home by the most direct route, and in any event that individual shall be deemed to have continued on active duty until midnight of the date of such discharge or release.

(d)(1) For the purposes of this title, any individual—

(A) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and

(B) who is disabled or dies from an injury or covered disease incurred while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be;

shall be deemed to have been on active duty for training or inactive duty training, as the case may be, at the time such injury or covered disease was incurred.

(2) In determining whether or not such individual was so authorized or required to perform such duty, and whether or not such individual was disabled or died from injury or covered disease so incurred, the Secretary shall take into account the hour on which such individual began so to proceed or to return; the hour on which such individual was scheduled to arrive for, or on which such individual ceased to perform, such duty; the method of travel employed; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death.

(3) Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof shall be on the claimant.

(4) For purposes of this subsection, the term "covered disease" means any of the following:

(A) Acute myocardial infarction.

(B) A cardiac arrest.

(C) A cerebrovascular accident.

(e) Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under title 5 as a preference eligible described in section 2108(3)(C) of title 5.

(f) Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001, shall be considered active duty for purposes of all laws administered by the Secretary.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87–102, §1, July 21, 1961, 75 Stat. 219; Pub. L. 88–616, Oct. 2, 1964, 78 Stat. 994; Pub. L. 89–311, §5, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 97–295, §4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–576, title VII, §701(5), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 106–259, title VIII, §8147(a), Aug. 9, 2000, 114 Stat. 705; Pub. L. 106–419, title III, §301(b), Nov. 1, 2000, 114 Stat. 1852; Pub. L. 116–283, div. A, title IX, §926(a)(3), Jan. 1, 2021, 134 Stat. 3829.)

Editorial Notes

References in Text

Section 8147 of the Department of Defense Appropriations Act, 2001, referred to in subsec. (f), is section 8147 of Pub. L. 106–259, which amended this section and enacted provisions set out as a note below.

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted "air, or space service" for "or air service" in par. (1) and concluding provisions.

2000—Subsec. (d). Pub. L. 106–419 designated first sentence as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and inserted "or covered disease" after "injury" in subpar. (B) and in concluding provisions, designated second sentence as par. (2) and inserted "or covered disease" after "injury", designated third sentence as par. (3), and added par. (4).

Subsec. (f). Pub. L. 106–259 added subsec. (f).

1991—Subsec. (a)(1). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Subsec. (d). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in concluding provisions.

1986—Subsec. (b)(2). Pub. L. 99–576, §701(5)(A), substituted "the person's" for "his".

Subsec. (c). Pub. L. 99–576, §701(5)(B), substituted "required for that individual" for "required for him", "proceed to that individual's home" for "proceed to his home", and "in any event that individual" for "in any event he".

Subsec. (d). Pub. L. 99–576, §701(5)(C), struck out "by him" after "injury incurred" in cl. (2), and in closing provisions, substituted "such individual was disabled" for "he was disabled", "on which such individual began" for "on which he began", "such individual was scheduled" for "he was scheduled", "such individual ceased" for "he ceased", and "the itinerary" for "his itinerary".

1982—Subsec. (a)(2). Pub. L. 97–295, §4(3)(A), substituted "subchapter I of chapter 81 of title 5" for "the Federal Employees' Compensation Act".

Subsec. (e). Pub. L. 97–295, §4(3)(B), substituted "title 5 as a preference eligible described in section 2108(3)(C) of title 5" for "the Act of June 27, 1944, (58 Stat. 387–391), as a person described in section 2(1) of such Act".

1965—Subsec. (e). Pub. L. 89–311 added subsec. (e).

1964—Subsec. (d)(2). Pub. L. 88–616 struck out "after December 31, 1956," after "injury incurred".

1961—Subsec. (c). Pub. L. 87–102 extended provisions for benefits based on limited periods immediately following discharge from active duty after December 31, 1956 to veterans discharged before such date.

Statutory Notes and Related Subsidiaries

Effective Date of 1961 Amendment

Pub. L. 87–102, §2, July 21, 1961, 75 Stat. 219, provided that: "No monetary benefits shall accrue by reason of the amendments made by this Act [amending this section] for any period prior to the date of enactment [July 21, 1961]."

Service in Alaska Territorial Guard

Pub. L. 106–259, title VIII, §8147(b), (c), Aug. 9, 2000, 114 Stat. 705, provided that:

"(b) Discharge.—(1) The Secretary of Defense shall issue to each individual who served as a member of the Alaska Territorial Guard during World War II a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants.

"(2) A discharge under paragraph (1) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that paragraph.

"(c) Prohibition on Retroactive Benefits.—No benefits shall be paid to any individual for any period before the date of the enactment of this Act [Aug. 9, 2000] by reason of the enactment of this section [amending this section and enacting this note]."

Women's Air Forces Service Pilots

Pub. L. 95–202, title IV, §401, Nov. 23, 1977, 91 Stat. 1449, as amended by Pub. L. 96–466, title VIII, §801(m)(3), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 98–94, title XII, §1263(a), Sept. 24, 1983, 97 Stat. 703; Pub. L. 102–83, §6(b), Aug. 6, 1991, 105 Stat. 407, provided that:

"(a)(1) Notwithstanding any other provision of law, the service of any person as a member of the Women's Air Forces Service Pilots (a group of Federal civilian employees attached to the United States Army Air Force during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe—

"(A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group constituted active military service, and

"(B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such member so warrants.

Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated.

"(2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which—

"(A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission,

"(B) the members of such group were subject to military justice, discipline, and control,

"(C) the members of such group were permitted to resign,

"(D) the members of such group were susceptible to assignment for duty in a combat zone, and

"(E) the members of such group had reasonable expectations that their service would be considered to be active military service.

"(b)(1) No benefits shall be paid to any person for any period prior to the date of enactment of this title [Nov. 23, 1977] as a result of the enactment of subsection (a) of this section.

"(2) The provisions of section 106(a)(2) of title 38, United States Code, relating to election of benefits, shall be applicable to persons made eligible for benefits, under laws administered by the Secretary of Veterans Affairs, as a result of implementation of the provisions of subsection (a) of this section.

"(c) Under regulations prescribed by the Secretary of Defense, any person who is issued a discharge under honorable conditions pursuant to the implementation of subsection (a) of this section may be awarded any campaign or service medal warranted by such person's service."

[Section 1263(b) of Pub. L. 98–94 provided that: "The amendment made by subsection (a) [enacting subsec. (c) set out above] shall apply to all persons issued discharges under honorable conditions pursuant to section 401 of the GI Bill Improvements Act of 1977 [Pub. L. 95–202, set out above] whether such discharges are awarded before, on, or after the date of the enactment of this Act [Sept. 24, 1983]."]

[Amendment of subsec. (a)(1)(B), set out above, by Pub. L. 96–466, effective Oct. 1, 1980, see section 802(h) of Pub. L. 96–466, set out as an Effective Date of 1980 Amendment note under section 3452 of this title.]

§107. Certain service deemed not to be active service

(a) Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under—

(1) contracts of National Service Life Insurance entered into before February 18, 1946;

(2) chapter 10 of title 37; and

(3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.

Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member's service was not service in the Armed Forces or any component thereof within the meaning of any such law.

(b) Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 shall not be deemed to have been active military, naval, or air service for the purposes of any of the laws administered by the Secretary except—

(1) with respect to contracts of National Service Life Insurance entered into (A) before May 27, 1946, (B) under section 620 or 621 of the National Service Life Insurance Act of 1940, or (C) under section 1922 of this title; and

(2) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.

Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar.

(c) In the case of benefits under subchapters II and IV of chapter 11 of this title and subchapter II of chapter 13 (except section 1312(a)) of this title paid by reason of service described in subsection (a) or (b) to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply.

(d)(1) With respect to benefits under chapter 23 of this title, in the case of an individual described in paragraph (2), the second sentence of subsection (a) or (b), as otherwise applicable, shall not apply.

(2) Paragraph (1) applies to any individual whose service is described in subsection (a) and who dies after November 1, 2000, or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003, if the individual, on the individual's date of death—

(A) is a citizen of, or an alien lawfully admitted for permanent residence in, the United States;

(B) is residing in the United States; and

(C) either—

(i) is receiving compensation under chapter 11 of this title; or

(ii) if the individual's service had been deemed to be active military, naval, or air service, would have been paid pension under section 1521 of this title without denial or discontinuance by reason of section 1522 of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1111; Pub. L. 87–268, §1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89–641, §2(a), Oct. 11, 1966, 80 Stat. 885; Pub. L. 97–295, §4(4), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–576, title VII, §701(6), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 103–446, title V, §507(a), Nov. 2, 1994, 108 Stat. 4664; Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)], Oct. 27, 2000, 114 Stat. 1441, 1441A-57; Pub. L. 106–419, title III, §§331(b), 332(a), Nov. 1, 2000, 114 Stat. 1856; Pub. L. 107–14, §8(a)(1), June 5, 2001, 115 Stat. 34; Pub. L. 107–330, title III, §308(g)(2), Dec. 6, 2002, 116 Stat. 2828; Pub. L. 108–183, title II, §§211(a), 212(a), Dec. 16, 2003, 117 Stat. 2657; Pub. L. 111–275, title V, §502(d)(1), Oct. 13, 2010, 124 Stat. 2882.)

Editorial Notes

References in Text

Section 14 of the Armed Forces Voluntary Recruitment Act of 1945, referred to in subsec. (b), is section 14 of act Oct. 6, 1945, ch. 393, 59 Stat. 543, which enacted section 637 of former Title 10, Army and Air Force, and was omitted from the Code in the revision and reenactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.

Sections 620 and 621 of the National Service Life Insurance Act of 1940, referred to in subsec. (b)(1), are sections 620 and 621 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, §10, 65 Stat. 36, which enacted sections 820 and 821 of former Title 38, Pensions, Bonuses, and Veterans' Relief, which were repealed and the provisions thereof reenacted as sections 722(a) and 723 [now 1922(a) and 1923] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

The date of the enactment of the Veterans Benefits Act of 2003, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 108–183, which was approved Dec. 16, 2003.

Amendments

2010—Subsecs. (a)(3), (b)(2). Pub. L. 111–275 substituted "section 2402(a)(8)" for "section 2402(8)".

2003—Subsec. (b). Pub. L. 108–183, §212(a)(2), inserted "or (d)" after "subsection (c)" in second sentence.

Pub. L. 108–183, §211(a)(1), substituted "Except as provided in subsection (c), payments" for "Payments" in second sentence.

Subsec. (b)(2). Pub. L. 108–183, §212(a)(1), substituted a comma for "and" after "chapters 11" and inserted ", 23, and 24 (to the extent provided for in section 2402(8))" after "(except section 1312(a))".

Subsec. (c). Pub. L. 108–183, §211(a)(2), substituted "in subsection (a) or (b)" for "in subsection (a)" and "of the applicable subsection" for "of subsection (a)" and inserted "and subchapter II of chapter 13 (except section 1312(a)) of this title" after "chapter 11 of this title".

Subsec. (d)(1). Pub. L. 108–183, §212(a)(3), inserted "or (b), as otherwise applicable," after "subsection (a)".

Subsec. (d)(2). Pub. L. 108–183, §212(a)(4), inserted "or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003," after "November 1, 2000," in introductory provisions.

2002—Subsec. (d)(2). Pub. L. 107–330 substituted "November 1, 2000," for "the date of the enactment of this subsection" in introductory provisions.

2001—Subsec. (a). Pub. L. 107–14, §8(a)(1)(A), inserted "or (d)" after "subsection (c)" in concluding provisions.

Subsecs. (c), (d). Pub. L. 107–14, §8(a)(1)(B), (C), redesignated subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to an individual described in paragraph (2) as (d) and substituted "With respect to benefits under chapter 23 of this title, in" for "In" in par. (1).

2000—Subsec. (a). Pub. L. 106–419, §332(a)(1), which directed substitution of "Subject to subsection (c), payments" for "Payments", could not be executed because "Payments" did not appear subsequent to the amendment by Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)(A)]. See below.

Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)(A)], substituted "Except as provided in subsection (c), payments" for "Payments" in concluding provisions.

Subsec. (a)(3). Pub. L. 106–419, §331(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "chapters 11, 13 (except section 1312(a)), and 23 of this title."

Subsec. (c). Pub. L. 106–419, §332(a)(2), added subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to an individual described in paragraph (2).

Pub. L. 106–377, §1(a)(1) [title V, §501(a)(1)(B)], added subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to cases of benefits under subchapters II and IV of chapter 11 of this title paid to United States citizens or to permanent resident aliens.

1994—Subsecs. (a), (b). Pub. L. 103–446 substituted "rate of" for "rate in pesos as is equivalent to" and for "rate in Philippine pesos as is equivalent to" in second sentence.

1991—Subsec. (a)(3). Pub. L. 102–83, §5(c)(1), substituted "1312(a)" for "412(a)".

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "1922" for "722" in par. (1)(C) and "1312(a)" for "412(a)" in par. (2).

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1986—Subsec. (a). Pub. L. 99–576 substituted "that such member's" for "that his" in last sentence.

1982—Subsec. (a)(2). Pub. L. 97–295 substituted "chapter 10 of title 37" for "the Missing Persons Act".

1966—Pub. L. 89–641 increased the specified dollar/peso rate for payments from one peso for each dollar otherwise authorized to a rate in Philippine pesos equivalent to $0.50 for each dollar.

1961—Pub. L. 87–268 substituted "section 412(a)" for "sections 412" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–275, title V, §502(e), Oct. 13, 2010, 124 Stat. 2883, provided that: "The amendments made by this section [amending this section and sections 2301, 2306, and 2402 of this title and enacting provisions set out as notes under sections 101 and 2402 of this title] shall apply with respect to the death, on or after the date of the enactment of this Act [Oct. 13, 2010], of the parent of a person described in paragraph (9)(B) of subsection (a) of section 2402 of title 38, United States Code, as added by subsection (b), who dies on or after October 7, 2001."

Effective Date of 2003 Amendment

Pub. L. 108–183, title II, §211(b), Dec. 16, 2003, 117 Stat. 2657, provided that: "The amendments made by subsection (a) [amending this section] shall apply to benefits paid for months beginning after the date of the enactment of this Act [Dec. 16, 2003]."

Pub. L. 108–183, title II, §212(c), Dec. 16, 2003, 117 Stat. 2658, provided that: "The amendments made by this section [amending this section and section 2402 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003]."

Effective Date of 2001 Amendment

Pub. L. 107–14, §8(a)(1), June 5, 2001, 115 Stat. 34, provided that the amendment made by section 8(a)(1) is effective Nov. 1, 2000.

Effective Date of 2000 Amendments

Pub. L. 106–419, title III, §331(c), Nov. 1, 2000, 114 Stat. 1856, provided that: "The amendments made by this section [amending this section and section 2402 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Nov. 1, 2000]."

Pub. L. 106–419, title III, §332(b), Nov. 1, 2000, 114 Stat. 1856, provided that: "No benefits shall accrue to any person for any period before the date of the enactment of this Act [Nov. 1, 2000] by reason of the amendments made by subsection (a) [amending this section]."

Pub. L. 106–377, §1(a)(1) [title V, §501(a)(2)], Oct. 27, 2000, 114 Stat. 1441, 1441A-57, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 27, 2000] and shall apply to benefits paid for months beginning on or after that date."

Effective Date of 1994 Amendment

Section 507(c) of Pub. L. 103–446 provided that: "The amendments made by this section [amending this section and sections 3532 and 3565 of this title] shall apply with respect to payments made after December 31, 1994."

Effective Date of 1966 Amendment

Section 2(b) of Pub. L. 89–641 provided that: "The amendments made by subsection (a) of this section [amending this section] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [Oct. 11, 1966]."

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–268 effective Oct. 1, 1961, see section 3 of Pub. L. 87–268, set out as a note under section 1312 of this title.

Payments to Eligible Persons Who Served in the United States Armed Forces in the Far East During World War II

Pub. L. 111–5, div. A, title X, §1002, Feb. 17, 2009, 123 Stat. 200, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The Philippine islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War.

"(2) During World War II, Filipinos served in a variety of units, some of which came under the direct control of the United States Armed Forces.

"(3) The regular Philippine Scouts, the new Philippine Scouts, the Guerrilla Services, and more than 100,000 members of the Philippine Commonwealth Army were called into the service of the United States Armed Forces of the Far East on July 26, 1941, by an executive order of President Franklin D. Roosevelt.

"(4) Even after hostilities had ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded and was disestablished in 1950.

"(5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public Laws 79–301 [60 Stat. 6] and 79–391 [60 Stat. 221]) currently receive full benefits under laws administered by the Secretary of Veterans Affairs, but under section 107 of title 38, United States Code, the service of certain other Filipino veterans is deemed not to be active service for purposes of such laws.

"(6) These other Filipino veterans only receive certain benefits under title 38, United States Code, and, depending on where they legally reside, are paid such benefit amounts at reduced rates.

"(7) The benefits such veterans receive include service-connected compensation benefits paid under chapter 11 of title 38, United States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and burial benefits under chapters 23 and 24 of title 38, United States Code, and such benefits are paid to beneficiaries at the rate of $0.50 per dollar authorized, unless they lawfully reside in the United States.

"(8) Dependents' educational assistance under chapter 35 of title 38, United States Code, is also payable for the dependents of such veterans at the rate of $0.50 per dollar authorized, regardless of the veterans' residency.

"(b) Compensation Fund.—

"(1) In General.—There is in the general fund of the Treasury a fund to be known as the 'Filipino Veterans Equity Compensation Fund' (in this section referred to as the 'compensation fund').

"(2) Availability of Funds.—Subject to the availability of appropriations for such purpose, amounts in the fund shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to eligible persons in accordance with this section.

"(c) Payments.—

"(1) In General.—The Secretary may make a payment from the compensation fund to an eligible person who, during the one-year period beginning on the date of the enactment of this Act [Feb. 17, 2009], submits to the Secretary a claim for benefits under this section. The application for the claim shall contain such information and evidence as the Secretary may require.

"(2) Payment to Surviving Spouse.—If an eligible person who has filed a claim for benefits under this section dies before payment is made under this section, the payment under this section shall be made instead to the surviving spouse, if any, of the eligible person.

"(d) Eligible Persons.—An eligible person is any person who—

"(1) served—

"(A) before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States; or

"(B) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538 [543])[enacting section 637 of former Title 10, Army and Air Force]; and

"(2) was discharged or released from service described in paragraph (1) under conditions other than dishonorable.

"(e) Payment Amounts.—Each payment under this section shall be—

"(1) in the case of an eligible person who is not a citizen of the United States, in the amount of $9,000; and

"(2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000.

"(f) Limitation.—The Secretary may not make more than one payment under this section for each eligible person described in subsection (d).

"(g) Clarification of Treatment of Payments Under Certain Laws.—Amounts paid to a person under this section—

"(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and

"(2) shall not be included in income or resources for purposes of determining—

"(A) eligibility of an individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits;

"(B) eligibility of an individual to receive benefits under title VIII of the Social Security Act [42 U.S.C. 1001 et seq.], or the amount of such benefits; or

"(C) eligibility of an individual for, or the amount of benefits under, any other Federal or federally assisted program.

"(h) Release.—

"(1) In General.—Except as provided in paragraph (2), the acceptance by an eligible person or surviving spouse, as applicable, of a payment under this section shall be final, and shall constitute a complete release of any claim against the United States by reason of any service described in subsection (d).

"(2) Payment of Prior Eligibility Status.—Nothing in this section shall prohibit a person from receiving any benefit (including health care, survivor, or burial benefits) which the person would have been eligible to receive based on laws in effect as of the day before the date of the enactment of this Act [Feb. 17, 2009].

"(i) Recognition of Service.—The service of a person as described in subsection (d) is hereby recognized as active military service in the Armed Forces for purposes of, and to the extent provided in, this section.

"(j) Administration.—

"(1) The Secretary shall promptly issue application forms and instructions to ensure the prompt and efficient administration of the provisions of this section.

"(2) The Secretary shall administer the provisions of this section in a manner consistent with applicable provisions of title 38, United States Code, and other provisions of law, and shall apply the definitions in section 101 of such title in the administration of such provisions, except to the extent otherwise provided in this section.

"(k) Reports.—The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible persons receiving benefits, the amounts paid out of the compensation fund, and the administration of the compensation fund for the most recent fiscal year for which such data is available.

"(l) Authorization of Appropriation.—There is authorized to be appropriated to the compensation fund $198,000,000, to remain available until expended, to make payments under this section."

Refund of Erroneously Deducted NSLI Premium to Philippine Veterans on Proper Application

Pub. L. 89–641, §1, Oct. 11, 1966, 80 Stat. 884, provided for refund of erroneously deducted insurance premiums to Philippine armed forces members in service of the United States Armed Forces, such refund to be made upon receipt of an application within two years after Oct. 11, 1966. In event of death of such member, refund was to be made only to widow or widower, children or parents of such member, in that order, with no refunds to heirs or legal representatives.

§108. Seven-year absence presumption of death

(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.

(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual's home and family for seven or more years, and establishing that after diligent search no evidence of that individual's existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.

(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99–576, title VII, §701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

Editorial Notes

Amendments

1991—Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "1984" for "784".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1986—Subsec. (b). Pub. L. 99–576 substituted "that individual's" for "his" in two places.

§109. Benefits for discharged members of allied forces

(a)(1) In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.

(2) The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.

(3) All amounts received by the Department as reimbursement for such services shall be credited to the current appropriation of the Department from which expenditures were made under this subsection.

(b) Persons who served in the active service in the armed forces of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are entitled. No such benefit shall be extended to any person who is not a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces such person served.

(c)(1) Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II.

(2) In order to assist the Secretary in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.

(d)(1) Any person described in paragraph (2) is eligible for the benefits specified in subsection (a) to the same extent and under the same conditions (including with respect to applicable reciprocity requirements) as a discharged member of the armed forces of a government specified in such subsection who is eligible for such benefits under such subsection.

(2) A person described in this paragraph is a person whom the Secretary determines served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94–491, Oct. 14, 1976, 90 Stat. 2363; Pub. L. 99–576, title VII, §701(8), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 118–20, §2, Nov. 13, 2023, 137 Stat. 108.)

Editorial Notes

Amendments

2023—Subsec. (d). Pub. L. 118–20 added subsec. (d).

1991—Subsec. (a)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (a)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (a)(3). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in two places.

Subsec. (c)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1986—Subsec. (b). Pub. L. 99–576 substituted "such person" for "he".

1976—Subsec. (c). Pub. L. 94–491 added subsec. (c).

§110. Preservation of disability ratings

A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87–825, §6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88–445, §1(a), (b), Aug. 19, 1964, 78 Stat. 464; Pub. L. 91–32, June 23, 1969, 83 Stat. 38; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 substituted "Secretary" for "Administrator" and substituted "administered by the Secretary" for "administered by the Veterans' Administration" in two places.

1969—Pub. L. 91–32 substituted "evaluation" for "percentage" wherever appearing.

1964—Pub. L. 88–445 substituted "Preservation of disability ratings" for "Preservation of total disability ratings" in section catchline, and inserted sentence directing that a disability which has been continuously rated at or above any percentage for twenty or more years for compensation purposes shall not thereafter be rated at less than such percentage, except upon a showing that such rating was based on fraud.

1962—Pub. L. 87–825 provided for computation of the period from the date the Administrator determines as the date the status commenced for rating purposes.

Statutory Notes and Related Subsidiaries

Effective Date of 1969 Amendment

Pub. L. 91–32, June 23, 1969, 83 Stat. 38, provided in part that the amendment made by that section is effective Aug. 19, 1964.

Effective Date of 1962 Amendment

Pub. L. 87–825, §7, Oct. 15, 1962, 76 Stat. 950, provided that: "This Act [see Tables for classification] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [Oct. 15, 1962], but no payments shall be made by reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance occurs on or after such effective date. If such event occurred before such effective date, action shall be taken pursuant to the prior laws and regulations."

§111. Payments or allowances for beneficiary travel

(a) Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.

(b)(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:

(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.

(B) A veteran with a service-connected disability rated at 30 percent or more.

(C) A veteran receiving pension under section 1521 of this title.

(D) A veteran (i) who is not traveling by air and whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title, or (ii) who is determined, under regulations prescribed by the Secretary, to be unable to defray the expenses of the travel for which payment under this section is claimed.

(E) Subject to paragraph (3) of this subsection, a veteran or other person whose travel to or from a Department facility is medically required to be performed by a special mode of travel and who is determined under such regulations to be unable to defray the expenses of the travel for which payment under this section is claimed.

(F) A veteran whose travel to a Department facility is incident to a scheduled compensation and pension examination.

(G) A veteran with vision impairment, a veteran with a spinal cord injury or disorder, or a veteran with double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of the Department (including programs provided by spinal cord injury centers, blind rehabilitation centers, and prosthetics rehabilitation centers) if such care is provided—

(i) on an in-patient basis; or

(ii) during a period in which the Secretary provides the veteran with temporary lodging at a facility of the Department to make such care more accessible to the veteran.

(2) The Secretary may make payments provided for in this section to or for any person not covered by paragraph (1) of this subsection for travel by such person for examination, treatment, or care. Such payments shall be made in accordance with regulations which the Secretary shall prescribe.

(3)(A) Except as provided in subparagraph (B) of this paragraph, the Secretary shall not make payments under this section for travel performed by a special mode of travel unless (i) the travel by such mode is medically required and is authorized by the Secretary before the travel begins, or (ii) the travel by such mode is in connection with a medical emergency of such a nature that the delay incident to obtaining authorization from the Secretary to use that mode of travel would have been hazardous to the person's life or health.

(B) In the case of travel by a person to or from a Department facility by special mode of travel, the Secretary may provide payment under this section to the provider of the transportation by special mode before determining the eligibility of such person for such payment if the Secretary determines that providing such payment is in the best interest of furnishing care and services. Such a payment shall be made subject to subsequently recovering from such person the amount of the payment if such person is determined to have been ineligible for payment for such travel.

(C) In the case of transportation of a person to or from a Department facility by ambulance, the Secretary may pay the provider of the transportation the lesser of the actual charge for the transportation or the amount determined by the fee schedule established under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) unless the Secretary has entered into a contract for that transportation with the provider.

(4) In determining for purposes of subsection (a) whether travel by air is the only practical way for a veteran to reach a Department facility, the Secretary shall consider the medical condition of the veteran and any other impediments to the use of ground transportation by the veteran.

(c)(1) Except as otherwise provided in this subsection, the Secretary, in making a payment under this section to or for a person described in subparagraph (A), (B), (C), or (D) of subsection (b)(1) of this section for travel for examination, treatment, or care, shall deduct from the amount otherwise payable an amount equal to $3 for each one-way trip.

(2) In the case of a person who is determined by the Secretary to be a person who is required to make six or more one-way trips for needed examination, treatment, or care during the remainder of the calendar month in which the determination is made or during any subsequent calendar month during the one-year period following the last day of the month in which the determination is made, the amount deducted by the Secretary pursuant to paragraph (1) of this subsection from payments for trips made to or from such facility during any such month shall not exceed $18.

(3) No deduction shall be made pursuant to paragraph (1) of this subsection in the case of a person whose travel to or from a Department facility is performed by a special mode of travel for which payment under this section is authorized under subsection (b)(3) of this section.

(4) The Secretary may waive the deduction requirement of paragraph (1) of this subsection in the case of the travel of any veteran for whom the imposition of the deduction would cause severe financial hardship. The Secretary shall prescribe in regulations the conditions under which a finding of severe financial hardship is warranted for purposes of this paragraph.

(d) Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, may be made before the completion of travel:

(1) The mileage allowance authorized by subsection (a) of this section.

(2) Actual local travel expenses.

(3) The expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant.

(e)(1) Except as provided in paragraph (2), when any person entitled to mileage under this section requires an attendant (other than an employee of the Department) in order to perform such travel, the attendant may be allowed expenses of travel upon the same basis as such person.

(2)(A) Without regard to whether an eligible veteran entitled to mileage under this section for travel to a Department facility for the purpose of medical examination, treatment, or care requires an attendant in order to perform such travel, an attendant of such veteran described in subparagraph (B) may be allowed expenses of travel (including lodging and subsistence) upon the same basis as such veteran during—

(i) the period of time in which such veteran is traveling to and from a Department facility for the purpose of medical examination, treatment, or care; and

(ii) the duration of the medical examination, treatment, or care episode for such veteran.

(B) An attendant of a veteran described in this subparagraph is a provider of personal care services for such veteran who is approved under paragraph (6) of section 1720G(a) of this title or designated under paragraph (7) of such section 1720G(a).

(C) The Secretary may prescribe regulations to carry out this paragraph. Such regulations may include provisions—

(i) to limit the number of attendants that may receive expenses of travel under this paragraph for a single medical examination, treatment, or care episode of an eligible veteran; and

(ii) to require such attendants to use certain travel services.

(D) In this subsection, the term "eligible veteran" has the meaning given that term in section 1720G(a)(2) of this title.

(f) The Secretary may provide for the purchase of printed reduced-fare requests for use by veterans and their authorized attendants when traveling at their own expense to or from any Department facility.

(g)(1) Beginning one year after the date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, the Secretary may adjust the mileage rate described in subsection (a) to be equal to the mileage reimbursement rate for the use of privately owned vehicles by Government employees on official business (when a Government vehicle is available), as prescribed by the Administrator of General Services under section 5707(b) of title 5.

(2) If an adjustment in the mileage rate under paragraph (1) results in a lower mileage rate than the mileage rate otherwise specified in subsection (a), the Secretary shall, not later than 60 days before the date of the implementation of the mileage rate as so adjusted, submit to Congress a written report setting forth the adjustment in the mileage rate under this subsection, together with a justification for the decision to make the adjustment in the mileage rate under this subsection.

(h)(1) Notwithstanding any other provision of law, the Secretary may make payments to or for any person traveling in, to, or from the Freely Associated States for receipt of care or services authorized to be legally provided by the Secretary in the Freely Associated States under section 1724(f)(1) of this title.

(2) A person who has received payment for travel in a country pursuant to this subsection shall remain eligible for payment for such travel in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection.

(3) The Secretary shall prescribe regulations to carry out this subsection.

(4) In this subsection, the term "Freely Associated States" means—

(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note);

(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and

(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled "Joint Resolution to approve the 'Compact of Free Association' between the United States and the Government of Palau, and for other purposes" (Public Law 99–658; 48 U.S.C. 1931 note).

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86–590, July 5, 1960, 74 Stat. 329; Pub. L. 89–358, §4(g), Mar. 3, 1966, 80 Stat. 24; Pub. L. 89–455, June 18, 1966, 80 Stat. 208; Pub. L. 94–581, title I, §101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96–151, title II, §201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 97–295, §4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100–322, title I, §108(a), (b)(1), (c)–(e)(1), May 20, 1988, 102 Stat. 496–498; Pub. L. 102–83, §§4(a)(3), (4), (6), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–446, title XII, §1201(e)(1), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 110–387, title IV, §401(a)(1), (b), Oct. 10, 2008, 122 Stat. 4122; Pub. L. 111–163, title I, §104, title III, §305(a)–(d), May 5, 2010, 124 Stat. 1140, 1151, 1152; Pub. L. 112–56, title II, §263, Nov. 21, 2011, 125 Stat. 732; Pub. L. 112–154, title VII, §704, Aug. 6, 2012, 126 Stat. 1206; Pub. L. 112–260, title II, §202(b)(1)–(3), Jan. 10, 2013, 126 Stat. 2424; Pub. L. 114–58, title VI, §601(1), Sept. 30, 2015, 129 Stat. 538; Pub. L. 114–223, div. A, title II, §250(a), Sept. 29, 2016, 130 Stat. 892; Pub. L. 118–42, div. G, title II, §209(a)(3), Mar. 9, 2024, 138 Stat. 439.)

Editorial Notes

References in Text

The date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 111–163, which was approved May 5, 2010.

Amendments

2024—Subsec. (h). Pub. L. 118–42 added subsec. (h).

2016—Subsec. (b)(1)(G). Pub. L. 114–223 added subpar. (G).

2015—Subsec. (b)(1). Pub. L. 114–58, §601(1)(A), substituted "subsection (g)(2)" for "subsection (g)(2)(A)".

Subsec. (b)(3)(C). Pub. L. 114–58, §601(1)(B), substituted "(42 U.S.C. 1395m(l))" for "(42 U.S.C. 1395(l))".

2013—Subsec. (h). Pub. L. 112–260 transferred subsec. (h), relating to transportation of veterans to Department facilities by third parties, to section 111A(b) of this title.

2012—Subsec. (b)(3)(C). Pub. L. 112–154 substituted "to or from a Department facility" for "under subparagraph (B)".

2011—Subsec. (b)(3)(C). Pub. L. 112–56 added subpar. (C).

2010—Subsec. (a). Pub. L. 111–163, §305(a)(1), (b), substituted "(at a rate of 41.5 cents per mile)," for "traveled," and inserted before last sentence "Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility."

Subsec. (b)(1)(D)(i). Pub. L. 111–163, §305(c), inserted "who is not traveling by air and" before "whose annual".

Subsec. (b)(4). Pub. L. 111–163, §305(d), added par. (4).

Subsec. (e). Pub. L. 111–163, §104, designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), when" for "When", and added par. (2).

Subsec. (g). Pub. L. 111–163, §305(a)(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to use of mileage reimbursement rate for use of privately owned vehicles by Government employees on official business to determine amount of allowances or reimbursement to be paid under this section and limitations.

2008—Subsec. (c)(2). Pub. L. 110–387, §401(a)(1)(B), struck out ", except as provided in paragraph (5) of this subsection," after "shall not".

Subsec. (c)(5). Pub. L. 110–387, §401(a)(1)(A), struck out par. (5) which read as follows: "Whenever the Secretary increases or decreases the rates of allowances or reimbursement to be paid under this section, the Secretary shall, effective on the date on which such increase or decrease takes effect, adjust proportionately the dollar amounts specified in paragraphs (1) and (2) of this subsection as such amounts may have been increased or decreased pursuant to this paragraph before such date."

Subsec. (g)(1). Pub. L. 110–387, §401(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "In carrying out the purposes of this section, the Secretary, in consultation with the Administrator of General Services, the Secretary of Transportation, the Comptroller General of the United States, and representatives of organizations of veterans, shall conduct periodic investigations of the actual cost of travel (including lodging and subsistence) to beneficiaries while traveling to or from a Department facility or other place pursuant to the provisions of this section, and the estimated cost of alternative modes of travel, including public transportation and the operation of privately owned vehicles. The Secretary shall conduct such investigations immediately following any alteration in the rates described in paragraph (3)(C) of this subsection, and, in any event, immediately following the enactment of this subsection and not less often than annually thereafter, and based thereon, shall determine rates of allowances or reimbursement to be paid under this section."

Subsec. (g)(3). Pub. L. 110–387, §401(b)(2), (3), added par. (3) and struck out former par. (3) which related to the Secretary's review and analysis of factors in conducting investigations and determining rates of mileage allowance or reimbursement.

Subsec. (g)(4). Pub. L. 110–387, §401(b)(2), struck out par. (4) which read as follows: "Before determining rates or adjusting amounts under this section and not later than sixty days after any alteration in the rates described in paragraph (3)(C) of this subsection, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the rates and amounts the Secretary proposes to establish or continue with a full justification therefor in terms of each of the limitations and factors set forth in this section."

1994—Subsec. (b)(3)(B). Pub. L. 103–446 substituted "a Department facility" for "the Department facility".

1991—Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places.

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (b)(1)(C), (D). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521" in subpar. (C) and "1503" for "503" and "1521" for "521" in subpar. (D).

Subsec. (b)(1)(E), (F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (b)(3)(B). Pub. L. 102–83, §4(a)(6), substituted "Department facility" for "Veteran's Administration facility".

Subsec. (c)(1), (2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (c)(3). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (c)(4), (5). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (e). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (f). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (g)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for first and third references to "Administrator".

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (g)(2)(A). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521" in two places and "1503" for "503".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (g)(3), (4). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (h). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for first reference to "Administrator".

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" wherever appearing.

1988—Pub. L. 100–322, §108(e)(1), substituted "Payments or allowances for beneficiary travel" for "Travel expenses" in section catchline.

Subsecs. (b), (c). Pub. L. 100–322, §108(a)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.

Subsec. (d). Pub. L. 100–322, §108(a)(1), (d), redesignated subsec. (b) as (d), and in par. (1) substituted "The mileage" for "the mileage" and "of this section." for "hereof;", in par. (2) substituted "Actual" for "actual" and a period for a semicolon, and in par. (3) substituted "The expense" for "the expense". Former subsec. (d) redesignated (f).

Subsecs. (e), (f). Pub. L. 100–322, §108(a)(1), redesignated subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e) redesignated (g).

Subsec. (g). Pub. L. 100–322, §108(a)(1), (c), redesignated subsec. (e) as (g), and in par. (4) substituted "Before determining rates or adjusting amounts" for "Before determining rates" and "containing the rates and amounts" for "containing the rates".

Subsec. (h). Pub. L. 100–322, §108(b)(1), added subsec. (h).

1982—Subsec. (e)(4). Pub. L. 97–295 substituted "and" for ", and not later than sixty days after the effective date of this subsection, and thereafter" after "under this section".

1979—Subsec. (e)(2)(A). Pub. L. 96–151 substituted provisions respecting determinations pursuant to regulations prescribed by the Administrator, subject to applicable exceptions, for provisions respecting determinations based on annual declarations and certifications by persons claiming reimbursements, subject to applicable exceptions.

1976—Subsec. (a). Pub. L. 94–581, §101(1), inserted "pursuant to the provisions of this section" after "President".

Subsec. (e). Pub. L. 94–581, §101(2), added subsec. (e).

1966—Subsec. (a). Pub. L. 89–358 substituted reference to chapter 34 for 33.

Subsec. (b). Pub. L. 89–455 authorized the prepayment of actual local travel expenses and the expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant.

1960—Subsec. (a). Pub. L. 86–590 allowed reimbursement for actual cost of ferry fares, and bridge, road, and tunnel tolls.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–223, div. A, title II, §250(c), Sept. 29, 2016, 130 Stat. 893, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act [Sept. 29, 2016]."

Effective Date of 2008 Amendment

Pub. L. 110–387, title IV, §401(d), Oct. 10, 2008, 122 Stat. 4123, provided that: "The amendments made by this section [amending this section] shall apply with respect to travel expenses incurred after the expiration of the 90-day period that begins on the date of the enactment of this Act [Oct. 10, 2008]."

Effective Date of 1988 Amendment

Pub. L. 100–322, title I, §108(g), May 20, 1988, 102 Stat. 499, provided that: "The amendments made by subsection (a) [amending this section] shall take effect with respect to travel performed after June 30, 1988."

Effective Date of 1979 Amendment

Pub. L. 96–151, title II, §206, Dec. 20, 1979, 93 Stat. 1095, provided that: "Except as otherwise provided in section 205(b), the amendments made by this title [amending this section and sections 601, 614, and 628 [now 1701, 1714, and 1728] of this title] shall take effect on January 1, 1980."

Effective Date of 1976 Amendment

Pub. L. 94–581, title II, §211, Oct. 21, 1976, 90 Stat. 2866, provided that: "Except as otherwise provided in this Act, the amendments made by this Act [see Tables for classification] to title 38, United States Code, shall take effect on October 1, 1976, or on the date of enactment [Oct. 21, 1976], whichever is later."

Transition Provision for 1988 Amendment

Pub. L. 100–322, title I, §108(f), May 20, 1988, 102 Stat. 498, provided that: "In determining for the purposes of subsection (b)(1) of section 111 of title 38, United States Code, as amended by subsection (a), whether during fiscal year 1988 the Administrator has exercised the authority under that section to make payments there shall be disregarded any exercise of authority under that section before the date of the enactment of this Act [May 20, 1988]."

Construction of 2010 Amendment

Pub. L. 111–163, title III, §305(e), May 5, 2010, 124 Stat. 1152, provided that: "The amendments made by subsections (b) and (d) of this section [amending this section] may not be construed as expanding or otherwise modifying eligibility for payments or allowances for beneficiary travel under section 111 of title 38, United States Code, as in effect on the day before the date of the enactment of this Act [May 5, 2010]."

Department of Veterans Affairs Transportation Pilot Program for Low Income Veterans

Pub. L. 117–328, div. U, title II, §243, Dec. 29, 2022, 136 Stat. 5459, provided that:

"(a) Pilot Program Required.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of providing payments authorized under subsection (a) of section 111 of title 38, United States Code, 48 hours in advance of travel to eligible appointments to veterans and other eligible individuals who are also eligible for a deduction waiver as provided by paragraphs (3) and (4) of subsection (c) of such section.

"(b) Duration.—The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commencement of the pilot program.

"(c) Locations.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program.

"(d) Report.—

"(1) In general.—Not later than 180 days after the date of the completion of the pilot program, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the pilot program.

"(2) Contents.—The report submitted under paragraph (1) shall include the following:

"(A) The number of individuals who benefitted from the pilot program broken, disaggregated by geographic location, race or ethnicity, age, disability rating, and sex.

"(B) Average distance traveled by participants to appointments and average funds provided per appointment, disaggregated by geographic region.

"(C) A description of any impediments to carrying out the pilot program.

"(D) An account of payments provided for travel that did not occur or was authorized incorrectly.

"(E) An account of any attempts to retrieve such payment.

"(F) Recommendations of the Secretary for legislative or administrative action to reduce improper payments.

"(G) An assessment of the feasibility and advisability of providing payments as described in subsection (a)."

Pilot Program for Travel Cost Reimbursement for Accessing Readjustment Counseling Services

Pub. L. 117–328, div. U, title II, §244, Dec. 29, 2022, 136 Stat. 5460, provided that:

"(a) Pilot Program Required.—Not later than 270 days after the date of the enactment of this Act [Dec. 29, 2022], the Secretary shall establish and commence a pilot program, within the Readjustment Counseling Services of the Veterans Health Administration, to assess the feasibility and advisability of providing payment to cover or offset financial difficulties of an individual in accessing or using transportation to and from the nearest Vet Center service site providing the necessary readjustment counseling services for the individual's plan of service.

"(b) Participation.—

"(1) In general.—In carrying out the pilot program required by subsection (a), the Secretary shall limit participation—

"(A) by individuals pursuant to paragraph (2); and

"(B) by Vet Centers pursuant to paragraph (3).

"(2) Participation by individuals.—

"(A) In general.—The Secretary shall limit participation in the pilot program to individuals who are eligible for services at a participating Vet Center and experiencing financial hardship.

"(B) Financial hardship.—The Secretary shall determine the meaning of 'financial hardship' for purposes of subparagraph (A).

"(3) Participation of vet centers.—Vet Centers participating in the program shall be chosen by the Secretary from among those serving individuals in areas designated by the Secretary as rural or highly rural or Tribal lands.

"(c) Travel Allowances and Reimbursements.—Under the pilot program required by subsection (a), the Secretary shall provide a participating individual a travel allowance or reimbursement at the earliest time practicable, but not later than 10 business days after the date of the appointment.

"(d) Duration.—The Secretary shall carry out the pilot program required by subsection (a) during the five-year period beginning on the date of the commencement of the pilot program.

"(e) Locations.—

"(1) In general.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program.

"(2) Existing initiative.—

"(A) Locations participating in existing initiative.—Of the locations selected under paragraph (1), four shall be the locations participating in the initiative commenced under section 104(a) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154) [126 Stat. 1169], as most recently amended by section 105 of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 (Public Law 117–180) [136 Stat. 2137], as of the date of the enactment of this Act.

"(B) Termination of existing initiative.—[Amended section 104(a) of Pub. L. 112–154, which is not classified to the Code.]

"(f) Annual Reports.—

"(1) In general.—Not later than one year after the date of the commencement of the pilot program required by subsection (a) and each year thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program.

"(2) Contents.—Each report submitted under paragraph (1) shall include the following:

"(A) The number of individuals who benefitted from the pilot program, disaggregated by age, race or ethnicity, and sex, to the extent possible.

"(B) The average distance traveled by each individual per each Vet Center.

"(C) The definition of financial hardship determined by the Secretary under subsection (b)(2)(B).

"(D) A description of how the funds are distributed.

"(E) The average amount of funds distributed per instance, disaggregated by Vet Center.

"(F) A description of any impediments to the Secretary in paying expenses or allowances under the pilot program.

"(G) An assessment of the potential for fraudulent receipt of payment under the pilot program and the recommendations of the Secretary for legislative or administrative action to reduce such fraud.

"(H) Such recommendations for legislative or administrative action as the Secretary considers appropriate with respect to the payment of expenses or allowances.

"(g) Vet Center Defined.—In this section, the term 'Vet Center' means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code."

Clarification of Relation to Public Transportation in Veterans Health Administration Handbook

Pub. L. 111–163, title III, §305(f), May 5, 2010, 124 Stat. 1152, provided that: "Not later than 30 days after the date of the enactment of this Act [May 5, 2010], the Secretary of Veterans Affairs shall revise the Veterans Health Administration Handbook to clarify that an allowance for travel based on mileage paid under section 111(a) of title 38, United States Code, may exceed the cost of such travel by public transportation regardless of medical necessity."

Reinstatement of Amount of Deduction Specified by Statute

Pub. L. 110–387, title IV, §401(a)(2), Oct. 10, 2008, 122 Stat. 4122, provided that: "Notwithstanding any adjustment made by the Secretary of Veterans Affairs under paragraph (5) of section 111(c) of title 38, United States Code, as such paragraph was in effect before the date of the enactment of this Act [Oct. 10, 2008], the amount deducted under paragraph (1) of such section 111(c) on or after such date shall be the amount specified in such paragraph."

Interim Guidelines for Beneficiary Travel Between January 1, 1984, and the Promulgation of Regulations by Administrator of Veterans' Affairs

Pub. L. 98–160, title I, §108, Nov. 21, 1983, 97 Stat. 999, provided that promulgation of guidelines pending issuance of regulations covering the travel of beneficiaries during an interim period beginning Jan. 1, 1984, and directed that a report be made to Congress not later than Apr. 1, 1984, regarding travel payments.

Availability of Funds for Travel of Eligible Veterans, Dependents, or Survivors

Pub. L. 96–330, title IV, §406, Aug. 26, 1980, 94 Stat. 1052, provided that: "No provision of law enacted after the date of the enactment of this Act [Aug. 26, 1980] which imposes any restriction or limitation on the availability of funds for the travel and transportation of officers and employees of the executive branch of the Government and their dependents, or on the transportation of things of such officers and employees and their dependents, shall be applicable to the travel of eligible veterans, dependents, or survivors, for which reimbursement is authorized under title 38, United States Code, pursuant to the terms and conditions of section 111 of such title, unless such provision is expressly made applicable to the travel of such veterans, dependents, or survivors."

Executive Documents

Executive Order No. 10810

Ex. Ord. No. 10810, Apr. 22, 1959, 24 F.R. 3179, as amended by Ex. Ord. No. 10881, July 6, 1960, 25 F.R. 6414, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479.

Executive Order No. 11142

Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, set out below.

Ex. Ord. No. 11302. Regulations Governing Allowances

Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended by Ex. Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, provided:

By virtue of the authority vested in me by Section 111 of Title 38 of the United States Code, as amended by the Act of June 18, 1966 (Public Law 89–455), it is hereby ordered as follows:

Section 1. The Administrator of Veterans' Affairs may authorize or approve the payment of the actual necessary expenses of travel, including lodging and subsistence, of any claimant or beneficiary of the Veterans' Administration traveling to or from a Veterans' Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. The Administrator may authorize or approve such payment to the claimant or beneficiary, or, in his discretion, to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence.

Sec. 2. The Administrator of Veterans' Affairs may authorize or approve in lieu of actual necessary expenses of travel, including lodging and subsistence, payment of an allowance, in such amount per mile as the Administrator shall from time to time fix pursuant to 38 U.S.C. 111 as affected by this order, to any claimant or beneficiary of the Veterans' Administration traveling to or from a Veterans' Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. In addition to such mileage allowance, the Administrator may allow reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. In his discretion, the Administrator may authorize or approve such payment and such reimbursement to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence.

Sec. 3. Whenever a claimant or beneficiary requires an attendant other than an employee of the Veterans' Administration for the performance of travel specified in Section 1 and 2 hereof, the travel expenses of such attendant may be allowed in the same manner and to the same extent that travel expenses are allowed to such claimant or beneficiary.

Sec. 4. Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, may be made before the completion of travel:

a. The mileage allowance and fare and tolls authorized by Section 2 hereof.

b. Actual local travel expenses.

c. The expense of hiring an automobile or ambulance, or the fee authorized for services of a non-employee attendant.

Sec. 5. The Administrator of Veterans' Affairs may prescribe such rules and regulations not inconsistent herewith as may be necessary to effectuate the provisions of this order.

Sec. 6. Executive Order No. 11142 of February 12, 1964, is hereby superseded.

§111A. Transportation of individuals to and from Department facilities

(a) Transportation by Secretary.—(1) The Secretary may transport any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care.

(2) The authority granted by paragraph (1) shall expire on September 30, 2024.

(b) Transportation by Third-parties.—(1) The Secretary, in consultation and coordination with the Secretary of Transportation and appropriate representatives of veterans' service organizations, shall take all appropriate steps to facilitate the establishment and maintenance of a program under which such organizations, or individuals who are volunteering their services to the Department, would take responsibility for the transportation, without reimbursement from the Department, to Department facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Department under chapter 17 or other provisions of this title.

(2)(A) Not later than 90 days 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, the Secretary shall develop and establish a national protocol for the administration of medical examinations for volunteer drivers to participate in the program described in paragraph (1).

(B) In developing the protocol required by subparagraph (A), the Secretary shall consult with such persons as the Secretary determines have an interest in the program described in paragraph (1).

(C)(i) The Secretary shall implement the protocol by first conducting a one-year pilot program using the protocol.

(ii) After conducting the pilot program required by clause (i), the Secretary shall assess the pilot program and make such changes to the protocol as the Secretary considers appropriate.

(iii) After making changes to the protocol under clause (ii), the Secretary shall implement the protocol in phases during the course of one year.

(Added and amended Pub. L. 112–260, title II, §202(a), (b), Jan. 10, 2013, 126 Stat. 2423, 2424; Pub. L. 113–59, §6, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title IV, §401, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §401, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title IV, §401, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title IV, §401, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §161, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title II, §5204, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title VII, §7001, Jan. 5, 2021, 134 Stat. 5054; Pub. L. 117–180, div. E, title II, §201, Sept. 30, 2022, 136 Stat. 2137.)

Editorial Notes

References in Text

The date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(2)(A), is the date of enactment of Pub. L. 116–315, which was approved Jan. 5, 2021.

Amendments

2022—Subsec. (a)(2). Pub. L. 117–180 substituted "September 30, 2024" for "September 30, 2022".

2021—Subsec. (b). Pub. L. 116–315 designated existing provisions as par. (1) and added par. (2).

2020—Subsec. (a)(2). Pub. L. 116–159 substituted "September 30, 2022" for "September 30, 2020".

2018—Subsec. (a)(2). Pub. L. 115–251 substituted "September 30, 2020" for "September 30, 2019".

2017—Subsec. (a)(2). Pub. L. 115–62 substituted "September 30, 2019" for "December 31, 2017".

2016—Subsec. (a)(2). Pub. L. 114–228 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a)(2). Pub. L. 114–58 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a)(2). Pub. L. 113–175 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a)(2). Pub. L. 113–59 substituted "December 31, 2014" for "the date that is one year after the date of the enactment of this section".

Subsec. (b). Pub. L. 112–260, §202(b), transferred subsec. (h) of section 111 of this title to this section, redesignated it as subsec. (b), and inserted heading.

§112. Presidential memorial certificate program

(a) At the request of the President the Secretary may conduct a program for honoring the memory of deceased persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's grateful recognition of the deceased individual's service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude authorization of another certificate if a request is received from some other eligible recipient.

(b) For the purpose of this section an "eligible recipient" means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend.

(c) A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411(b) of this title.

(Added Pub. L. 89–88, §1(a), July 24, 1965, 79 Stat. 264; amended Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–330, title II, §201(a), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 112–154, title VI, §603, Aug. 6, 2012, 126 Stat. 1201; Pub. L. 114–315, title III, §302(a), Dec. 16, 2016, 130 Stat. 1551.)

Editorial Notes

Amendments

2016—Subsec. (a). Pub. L. 114–315 substituted "persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title," for "veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,".

2012—Subsec. (a). Pub. L. 112–154 inserted "and persons who died in the active military, naval, or air service," after "under honorable conditions," and substituted "deceased individual's" for "veteran's".

2002—Subsec. (c). Pub. L. 107–330 added subsec. (c).

1991—Subsec. (a). Pub. L. 102–83 substituted "Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–315, title III, §302(b), Dec. 16, 2016, 130 Stat. 1551, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (1), (2), (3), or (7) of section 2402(a) of title 38, United States Code, occurring before, on, or after the date of the enactment of this Act [Dec. 16, 2016]."

Effective Date of 2002 Amendment

Pub. L. 107–330, title II, §201(d), Dec. 6, 2002, 116 Stat. 2823, provided that: "The amendments made by this section [amending this section and sections 2301 and 2306 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 6, 2002]."

§113. Treatment of certain programs under sequestration procedures

(a) The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:

(1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities.

(2) Benefits under section 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability.

(3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.

(4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities.

(5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities.

(6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans.

(b) The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:

(1) The following life insurance accounts:

(A) The National Service Life Insurance Fund authorized by section 1920 of this title.

(B) The Service-Disabled Veterans Insurance Fund authorized by section 1922 of this title.

(C) The Veterans Special Life Insurance Fund authorized by section 1923 of this title.

(D) The Veterans Reopened Insurance Fund authorized by section 1925 of this title.

(E) The United States Government Life Insurance Fund authorized by section 1955 of this title.

(F) The Veterans Insurance and Indemnity appropriation authorized by section 1919 of this title.

(2) The following revolving fund accounts:

(A) The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by section 1718(c) of this title.

(B) The Veterans' Canteen Service revolving fund authorized by section 7804 of this title.

(c)(1) A benefit under section 2301, 2303, 2306, or 2308 of this title that is subject to reduction under a sequestration order or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on the date of the death of the veteran concerned.

(2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 31, 34, 35, or 36 of this title that is subject to a sequestration order or a sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect during the period of education or training for which the benefit is paid.

(3) In implementation of a sequestration order or law with respect to each account from which a benefit described in paragraph (1) or (2) of this subsection is paid (including the making of determinations of the amounts by which such benefits are to be reduced), the total of the amounts (as estimated by the Secretary after consultation with the Director of the Congressional Budget Office) by which payments of such benefit will be reduced by reason of such paragraph after the last day of the period during which such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget authority for such payments, during such period.

(d) In computing the amount of new budget authority by which a budget account of the Department is to be reduced for a fiscal year under a report of the Director of the Office of Management and Budget, or under an order of the President under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, the base from which the amount of the reduction for such account is determined shall be established without regard to any amount of new budget authority in such account (determined under section 251(a)(6) ¹ of such Act) for any of the programs listed in subsection (a) of this section.

(e) This section applies without regard to any other provision of law (whether enacted before, on, or after the date of the enactment of this section) unless such Act expressly provides that it is enacted as a limitation to this section.

(f) For the purposes of this section:

(1) The term "sequestration" means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.

(2) The term "sequestration law" means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise).

(3) The term "sequestration order" means an order of the President issued under part C of such Act.

(Added Pub. L. 99–576, title VI, §601(a)(1), Oct. 28, 1986, 100 Stat. 3287; amended Pub. L. 100–198, §12(a), Dec. 21, 1987, 101 Stat. 1325; Pub. L. 100–322, title IV, §411(b), (c), May 20, 1988, 102 Stat. 547; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, §§4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 116–315, title II, §2202(b)(1)(D), Jan. 5, 2021, 134 Stat. 4985.)

Editorial Notes

References in Text

The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a), (b), (d), and (f), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038. Part C of the Act is classified generally to subchapter I (§900 et seq.) of chapter 20 of Title 2, The Congress. Section 251 of the Act is classified to section 901 of Title 2, and was amended generally by Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–577, and Pub. L. 112–25, title I, §101, Aug. 2, 2011, 125 Stat. 241. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.

The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 99–576, which was approved Oct. 28, 1986.

Amendments

2021—Subsec. (c)(1). Pub. L. 116–315 struck out "2302," after "section 2301,".

1991—Subsec. (a)(2). Pub. L. 102–83, §5(c)(1), substituted "2307" for "907".

Subsec. (b). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in introductory provisions.

Subsec. (b)(1). Pub. L. 102–83, §5(c)(1), substituted "1920" for "720" in subpar. (A), "1922" for "722" in subpar. (B), "1923" for "723" in subpar. (C), "1925" for "725" in subpar. (D), "1955" for "755" in subpar. (E), and "1919" for "719" in subpar. (F).

Subsec. (b)(2)(A). Pub. L. 102–83, §5(c)(1), substituted "1718(c)" for "618(c)".

Pub. L. 102–83, §4(a)(2)(B)(i), substituted "Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (b)(2)(B). Pub. L. 102–40 substituted "7804" for "4204".

Subsec. (c)(1). Pub. L. 102–83, §5(c)(1), substituted "2301, 2302, 2303, 2306, or 2308" for "901, 902, 903, 906, or 908".

Subsec. (c)(3). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (d). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

1988—Subsec. (a)(4), (5). Pub. L. 100–322, §411(b), struck out "(but only with respect to fiscal year 1987)" before period at end.

Subsec. (d). Pub. L. 100–322, §411(c), substituted "a report of the Director of the Office of Management and Budget" for "a joint report of the Directors of the Office of Management and Budget and the Congressional Budget Office".

1987—Subsec. (a)(6). Pub. L. 100–198, §12(a)(1), added par. (6).

Subsec. (c)(2). Pub. L. 100–198, §12(a)(3), substituted "31, 34, 35, or 36" for "34, or 36".

Subsecs. (e) to (g). Pub. L. 100–198, §12(a)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: "If a final order issued by the President pursuant to a law providing for the cancellation of loan guarantee commitments imposes a limitation on the total amount of loans that may be guaranteed under chapter 37 of this title in any fiscal year, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a monthly report (not later than the 10th day of each month during the remainder of such fiscal year following the issuance of such final order) providing the following information:

"(1) The total amount of the loans for which commitments of guarantees were made under such chapter during the preceding month.

"(2) The total amount of the loans for which commitments were made during the fiscal year through the end of such preceding month.

"(3) The Administrator's estimates as to the total amounts of the loans for which commitments would, in the absence of any limits on such commitments or guarantees, be made during (A) the month in which the report is required to be submitted, and (B) the succeeding months of the fiscal year."

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title II, §2202(d), Jan. 5, 2021, 134 Stat. 4985, provided that: "The amendments made by this section [amending this section and sections 2302 to 2304, 2307, 2308, and 5101 of this title and section 3810 of Title 50, War and National Defense] shall apply to deaths that occur on or after the date that is two years after the date of the enactment of this Act [Jan. 5, 2021]."

Effective Date of 1987 Amendment

Pub. L. 100–198, §12(b), Dec. 21, 1987, 101 Stat. 1325, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on November 19, 1987."

Effective Date

Pub. L. 99–576, title VI, §601(b), Oct. 28, 1986, 100 Stat. 3289, provided that: "Section 113 of title 38, United States Code (as added by subsection (a)), shall apply with respect to a sequestration order issued, or a sequestration law enacted, for a fiscal year after fiscal year 1986."

Restoration of Certain Revolving Funds

Pub. L. 100–322, title IV, §411(a), May 20, 1988, 102 Stat. 547, provided that:

"(1) Notwithstanding section 601(b) of the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986 (Public Law 99–576) [set out as a note above], section 113(b)(2) of title 38, United States Code, shall apply with respect to a sequestration order issued, or a sequestration law enacted, for any fiscal year after fiscal year 1985.

"(2) The Secretary of the Treasury shall take such action as is necessary to implement paragraph (1). Not later than 60 days after the date of the enactment of this Act [May 20, 1988], the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the action taken by the Secretary pursuant to that paragraph."

¹ See References in Text note below.

§114. Multiyear procurement

(a) The Secretary may enter into a multiyear contract for the procurement of supplies or services if the Secretary makes each of the following determinations:

(1) Appropriations are available for obligations that are necessary for total payments that would be required during the fiscal year in which the contract is entered into, plus the estimated amount of any cancellation charge payable under the contract.

(2) The contract is in the best interest of the United States by reason of the effect that use of a multiyear, rather than one-year, contract would have in—

(A) reducing costs;

(B) achieving economies in contract administration or in any other Department activities;

(C) increasing quality of performance by or service from the contractors; or

(D) encouraging effective competition.

(3) During the proposed contract period—

(A) there will be a continuing or recurring need for the supplies or services being procured;

(B) there is not a substantial likelihood of substantial changes in the need for such supplies or services in terms of the total quantity of such supplies or services or of the rate of delivery of such supplies or services; and

(C) the specifications for the supplies or services are expected to be reasonably stable.

(4) The risks relating to the prospective contractor's ability to perform in accordance with the specifications and other terms of the contract are not excessive.

(5) The use of a multiyear contract will not inhibit small business concerns in competing for the contract.

(6) In the case of the procurement of a pharmaceutical item for which a patent has expired less than four years before the date on which the solicitation of offers is issued, there is no substantial likelihood that increased competition among potential contractors would occur during the term of the contract as the result of the availability of generic equivalents increasing during the term of the contract.

(b)(1) A multiyear contract authorized by this section shall contain—

(A) a provision that the obligation of the United States under the contract during any fiscal year which is included in the contract period and is subsequent to the fiscal year during which the contract is entered into is contingent on the availability of sufficient appropriations (as determined by the Secretary pursuant to paragraph (2)(A) of this subsection) if, at the time the contract is entered into, appropriations are not available to cover the total estimated payments that will be required during the full term of the contract; and

(B) notwithstanding section 1502(a) of title 31, a provision for the payment of reasonable cancellation charges to compensate the contractor for nonrecurring, unrecovered costs, if any, if the performance is cancelled pursuant to the provision required by subparagraph (A) of this paragraph.

(2)(A) If, during a fiscal year after the fiscal year during which a multiyear contract is entered into under this section, the Secretary determines that, in light of other funding needs involved in the operation of Department programs, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such contract, the Secretary shall cancel such contract pursuant to the provisions required by paragraph (1)(A) of this subsection.

(B) Cancellation charges under a multiyear contract shall be paid from the appropriated funds which were originally available for performance of the contract or the payment of cancellation costs unless such funds are not available in an amount sufficient to pay the entire amount of the cancellation charges payable under the contract. In a case in which such funds are not available in such amount, funds available for the procurement of supplies and services for use for the same purposes as the supplies or services procured through such contract shall be used to the extent necessary to pay such cost.

(c) Nothing in this section shall be construed so as to restrict the Secretary's exercise of the right to terminate for convenience a contract under any other provision of law which authorizes multiyear contracting.

(d) The Secretary shall prescribe regulations for the implementation of this section.

(e) For the purposes of this section:

(1) The term "appropriations" has the meaning given that term in section 1511 of title 31.

(2) The term "multiyear contract" means a contract which by its terms is to remain in effect for a period which extends beyond the end of the fiscal year during which the contract is entered into but not beyond the end of the fourth fiscal year following such fiscal year. Such term does not include a contract for construction or for a lease of real property.

(3) The term "nonrecurring, unrecovered costs" means those costs reasonably incurred by the contractor in performing a multiyear contract which (as determined under regulations prescribed under subsection (d) of this section) are generally incurred on a one-time basis.

(Added Pub. L. 100–322, title IV, §404(a), May 20, 1988, 102 Stat. 545; amended Pub. L. 101–237, title VI, §601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places in introductory provisions.

Subsec. (a)(2)(B). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (b)(1)(A). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (b)(2)(A). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places.

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Subsec. (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary's" for "Administrator's".

Subsec. (d). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1989—Pub. L. 101–237, §601(b)(1), struck out "for certain medical items" after "Multiyear procurement" in section catchline.

Subsec. (a). Pub. L. 101–237, §601(a)(1), struck out "for use in Veterans' Administration health-care facilities" after "supplies or services".

Subsec. (b)(2)(A). Pub. L. 101–237, §601(a)(2), struck out "health-care" before "programs, the amount".

Subsec. (e)(2) to (4). Pub. L. 101–237, §601(a)(3), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "The term 'cancel' or 'cancellation' refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection."

§115. Acquisition of real property

For the purposes of sections 314, 315, 316, and 2406 of this title and subchapter I of chapter 81 of this title, the Secretary may acquire and use real property—

(1) before title to the property is approved under section 3111 of title 40; and

(2) even though the property will be held in other than a fee simple interest in a case in which the Secretary determines that the interest to be acquired is sufficient for the purposes of the intended use.

(Added Pub. L. 102–86, title IV, §402(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 102–83, §5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, §1201(d)(1), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 107–217, §3(j)(1), Aug. 21, 2002, 116 Stat. 1300.)

Editorial Notes

Amendments

2002—Par. (1). Pub. L. 107–217 substituted "section 3111 of title 40" for "section 355 of the Revised Statutes (40 U.S.C. 255)".

1994—Pub. L. 103–446 substituted "sections 314, 315, 316," for "sections 230" in introductory provisions.

1991—Pub. L. 102–83 substituted "2406" for "1006" in introductory provisions.

§116. Reports to Congress: cost information

Whenever the Secretary submits to Congress, or any committee of Congress, a report that is required by law or by a joint explanatory statement of a committee of conference of the Congress, the Secretary shall include with the report—

(1) a statement of the cost of preparing the report; and

(2) a brief explanation of the methodology used in preparing that cost statement.

(Added Pub. L. 106–419, title IV, §403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–419, title IV, §403(d)(2), Nov. 1, 2000, 114 Stat. 1864, provided that: "Section 116 of title 38, United States Code, as added by paragraph (1) of this subsection, shall apply with respect to any report submitted by the Secretary of Veterans Affairs after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 1, 2000]."

§117. Advance appropriations for certain accounts

(a) In General.—For each fiscal year, new budget authority provided in an appropriations Act for the covered accounts of the Department shall—

(1) be made available for that fiscal year; and

(2) include, for each such account, advance new budget authority that first becomes available for the first fiscal year after the budget year.

(b) Estimates Required.—The Secretary shall include in documents submitted to Congress in support of the President's budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the covered accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted.

(c) Covered Accounts of the Department.—For purposes of this section, the term "covered accounts of the Department" means the following accounts of the Department of Veterans Affairs account:

(1) Veterans Benefits Administration, Compensation and Pensions.

(2) Veterans Benefits Administration, Readjustment Benefits.

(3) Veterans Benefits Administration, Veterans Insurance and Indemnities.

(4) Veterans Health Administration, Medical Services.

(5) Veterans Health Administration, Medical Support and Compliance.

(6) Veterans Health Administration, Medical Facilities.

(7) Veterans Health Administration, Medical Community Care.

(d) Annual Report.—Not later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Department's resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year.

(Added Pub. L. 111–81, §3(a), Oct. 22, 2009, 123 Stat. 2137; amended Pub. L. 113–235, div. I, title II, §244(a), Dec. 16, 2014, 128 Stat. 2568; Pub. L. 114–315, title VI, §601(a), Dec. 16, 2016, 130 Stat. 1569.)

Editorial Notes

Amendments

2016—Subsec. (c)(7). Pub. L. 114–315 added par. (7).

2014—Pub. L. 113–235, §244(a)(4), substituted "certain accounts" for "certain medical care accounts" in section catchline.

Subsec. (a). Pub. L. 113–235, §244(a)(2), struck out "beginning with fiscal year 2011," after "each fiscal year," in introductory provisions and "discretionary" before "new budget authority" in introductory provisions and par. (2).

Pub. L. 113–235, §244(a)(1), substituted "covered accounts of the Department" for "medical care accounts of the Department" in introductory provisions.

Subsec. (b). Pub. L. 113–235, §244(a)(1), substituted "covered accounts of the Department" for "medical care accounts of the Department".

Subsec. (c). Pub. L. 113–235, §244(a)(1), (3)(A), (G), in heading, substituted "Covered Accounts of the Department" for "Medical Care Accounts" and, in introductory provisions, substituted "covered accounts of the Department" for "medical care accounts of the Department" and "accounts of the Department of Veterans Affairs account" for "medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account".

Pub. L. 113–235, §244(a)(3)(B)–(F), inserted "Veterans Health Administration," after enumerators for pars. (1) to (3), redesignated pars. (1) to (3) as (4) to (6), respectively, and added pars. (1) to (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–315 applicable to fiscal years beginning on and after Oct. 1, 2017, see section 601(c) of Pub. L. 114–315, set out as a note under section 1105 of Title 31, Money and Finance.

Effective Date of 2014 Amendment

Pub. L. 113–235, div. I, title II, §244(b), Dec. 16, 2014, 128 Stat. 2569, provided that: "Section 117 of title 38, United States Code, shall apply as follows:

"(1) With respect to an account described in paragraph (4), (5), or (6) of subsection (c) of such section, as redesignated by subsection (a) of this section, for each fiscal year beginning with fiscal year 2011.

"(2) With respect to an account described in paragraph (1), (2), or (3) of such subsection (c), as added by subsection (a) of this section, for each fiscal year beginning with 2017."

Comptroller General Review of the Accuracy of VA Medical Care Budget Submission in Relation to Baseline Health Care Model Projection

Pub. L. 111–81, §4, Oct. 22, 2009, 123 Stat. 2138, provided that:

"(a) Review of Accuracy of Medical Care Budget Submission.—The Comptroller General shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 117(c) of title 38, United States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department.

"(b) Reports.—

"(1) In general.—Not later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans' Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans' Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a).

"(2) Elements.—Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following:

"(A) An assessment of the review conducted under subsection (a).

"(B) The basis for such assessment.

"(C) Such additional information as the Comptroller General determines appropriate.

"(3) Availability to the public.—Each report submitted under this subsection shall also be made available to the public."

§118. Submission of reports to Congress in electronic form

(a) In General.—Whenever the Secretary or any other official of the Department is required by law to submit to Congress (or any committee of either chamber of Congress) a report, the Secretary or other official shall submit to Congress (or such committee) a copy of the report in an electronic format.

(b) Treatment.—The submission of a copy of a report in accordance with this section shall be treated as meeting any requirement of law to submit such report to Congress (or any committee of either chamber of Congress).

(c) Report Defined.—For purposes of this section, the term "report" includes any certification, notification, or other communication in writing.

(Added Pub. L. 111–163, title X, §1003(a), May 5, 2010, 124 Stat. 1182.)

§119. Contracting for statistical analyses and data evaluation

(a) In General.—The Secretary may enter into a contract or other agreement with an academic institution or other qualified entity, as determined by the Secretary, to carry out statistical analyses and data evaluation as required of the Secretary by law.".¹

(b) Rule of Construction.—Nothing in this section may be construed to limit the authority of the Secretary to enter into contracts or other agreements for statistical analyses and data evaluation under any other provision of law.

(Added Pub. L. 116–171, title III, §306(a), Oct. 17, 2020, 134 Stat. 805.)

¹ So in original. The quotation marks and second period probably should not appear.

CHAPTER 3—DEPARTMENT OF VETERANS AFFAIRS

        

Editorial Notes

Prior Provisions

Prior chapter 3, consisted of sections 201 to 203, 210 to 224, 230, 231, 233 to 236, and 240 to 246, prior to repeal by Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 378.

Section 201, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1114, established Veterans' Administration as an independent agency in executive branch of Government. See section 301 of this title.

Section 202, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1114, related to seal of Veterans' Administration and authentication of records of Veterans' Administration. See section 302 of this title.

Section 203, added Pub. L. 94–424, §2(a), Sept. 28, 1976, 90 Stat. 1332; amended Pub. L. 97–258, §2(j), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 98–160, title VII, §702(1), Nov. 21, 1983, 97 Stat. 1009, related to availability of appropriations. See section 313 of this title.

Section 210, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1114; Pub. L. 88–426, title III, §305(15), Aug. 14, 1964, 78 Stat. 424; Pub. L. 89–361, §1(a), (b), Mar. 7, 1966, 80 Stat. 29; Pub. L. 89–785, title III, §301, Nov. 7, 1966, 80 Stat. 1376; Pub. L. 92–328, title II, §201, June 30, 1972, 86 Stat. 396; Pub. L. 95–202, title III, §301, Nov. 23, 1977, 91 Stat. 1440; Pub. L. 96–22, title V, §502(a), June 13, 1979, 93 Stat. 64; Pub. L. 97–66, title VI, §601(a)(1), Oct. 17, 1981, 95 Stat. 1033; Pub. L. 97–452, §2(e)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 99–166, title IV, §403(a), Dec. 3, 1985, 99 Stat. 957; Pub. L. 99–576, title V, §501, title VII, §701(9), Oct. 28, 1986, 100 Stat. 3285, 3291; Pub. L. 100–527, §15(a), Oct. 5, 1988, 102 Stat. 2644; Pub. L. 102–40, title III, §303, May 7, 1991, 105 Stat. 208, related to appointment and general authority of Administrator and Deputy Administrator. See sections 303, 304, 501, 503, 510, and 711 of this title.

Section 211, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89–214, §1(b), Sept. 29, 1965, 79 Stat. 886; Pub. L. 89–358, §4(h), Mar. 3, 1966, 80 Stat. 24; Pub. L. 91–376, §8(a), Aug. 12, 1970, 84 Stat. 790; Pub. L. 100–687, div. A, title I, §101(a), Nov. 18, 1988, 102 Stat. 4105, related to decisions of Administrator and opinions of Attorney General. See sections 505 and 511 of this title.

Section 212, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89–361, §2, Mar. 7, 1966, 80 Stat. 30; Pub. L. 99–576, title VII, §701(10), Oct. 28, 1986, 100 Stat. 3291, related to delegation of authority and assignment of duties. See section 512 of this title.

Section 213, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89–785, title III, §302, Nov. 7, 1966, 80 Stat. 1376; Pub. L. 91–24, §2(c), June 11, 1969, 83 Stat. 33; Pub. L. 99–576, title VII, §701(11), Oct. 28, 1986, 100 Stat. 3291, related to contracts and acceptance of personal services. See section 513 of this title.

Section 214, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115, required an annual report to Congress by Administrator. See section 529 of this title.

Section 215, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 99–576, title VII, §701(10), Oct. 28, 1986, 100 Stat. 3291, related to publication of laws relating to veterans. See section 525 of this title.

Section 216, added Pub. L. 100–322, title I, §132(a), May 20, 1988, 102 Stat. 506; amended Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239, related to assistance to certain rehabilitation activities. See section 521 of this title.

Another prior section 216, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 87–572, Aug. 6, 1962, 76 Stat. 307; Pub. L. 88–433, §1(a)–(c), Aug. 14, 1964, 78 Stat. 441, 442; Pub. L. 89–705, §1, Nov. 2, 1966, 80 Stat. 1099, which directed Administrator to conduct research in field of prosthetic appliances, prosthesis, orthopedic appliances, and sensory devices, was repealed by Pub. L. 94–581, title II, §205(c)(1), Oct. 21, 1976, 90 Stat. 2859. See section 7303 of this title.

Section 217, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 99–576, title VII, §701(10), Oct. 28, 1986, 100 Stat. 3291, related to studies of rehabilitation of disabled persons. See section 522 of this title.

Section 218, added Pub. L. 93–43, §4(a), June 18, 1973, 87 Stat. 79; amended Pub. L. 98–528, title I, §101(a)(1), Oct. 19, 1984, 98 Stat. 2686; Pub. L. 99–576, title II, §211, Oct. 28, 1986, 100 Stat. 3257, related to security and law enforcement on property under jurisdiction of Veterans' Administration. See section 901 et seq. of this title.

Section 219, added Pub. L. 93–508, title II, §213(a), Dec. 3, 1974, 88 Stat. 1586; amended Pub. L. 99–576, title VII, §701(12), Oct. 28, 1986, 100 Stat. 3291, related to evaluation of programs and collection of data. See section 527 of this title.

Section 220, added Pub. L. 93–508, title II, §213(a), Dec. 3, 1974, 88 Stat. 1587; amended Pub. L. 96–466, title VII, §701(a), (b)(1), Oct. 17, 1980, 94 Stat. 2215; Pub. L. 98–528, title I, §106(a), (b)(1), Oct. 19, 1984, 98 Stat. 2690, related to coordination and promotion of other programs affecting veterans and their dependents. See section 523 of this title.

Section 221, added Pub. L. 97–37, §2(a), Aug. 14, 1981, 95 Stat. 935, established Advisory Committee on Former Prisoners of War. See section 541 of this title.

Section 222, added Pub. L. 98–160, title III, §301(a), Nov. 21, 1983, 97 Stat. 1003, established Advisory Committee on Women Veterans. See section 542 of this title.

Section 223, added Pub. L. 100–687, div. A, title I, §102(a)(1), Nov. 18, 1988, 102 Stat. 4106, related to rulemaking procedures and judicial review. See sections 501 and 502 of this title.

Section 224, added Pub. L. 100–322, title II, §203(b)(1), May 20, 1988, 102 Stat. 509, §223; renumbered §224, Pub. L. 101–94, title III, §302(d)(1), Aug. 16, 1989, 103 Stat. 628, related to administrative settlement of tort claims. See section 515 of this title.

Section 230, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 86–103, July 23, 1959, 73 Stat. 224; Pub. L. 87–815, §5, Oct. 15, 1962, 76 Stat. 927; Pub. L. 91–338, July 16, 1970, 84 Stat. 437; Pub. L. 93–82, title IV, §401, Aug. 2, 1973, 87 Stat. 196; Pub. L. 95–520, §2, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 96–22, title V, §503(a), June 13, 1979, 93 Stat. 65; Pub. L. 96–385, title V, §501, Oct. 7, 1980, 94 Stat. 1533; Pub. L. 97–295, §4(6), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–108, §1, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99–166, title IV, §402, Dec. 3, 1985, 99 Stat. 957; Pub. L. 99–576, title VII, §701(13), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 100–689, title V, §501(a), Nov. 18, 1988, 102 Stat. 4179; Pub. L. 101–237, title VI, §603(a), Dec. 18, 1989, 103 Stat. 2095, related to Central Office and regional offices. See sections 314 to 316 of this title.

Section 231, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116, related to placement of employees in military installations. See section 701 of this title.

Section 232, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116, which authorized Administrator to contract for services of translators without regard to certain provisions of law, was repealed by Pub. L. 91–24, §2(a), June 11, 1969, 83 Stat. 33.

Section 233, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 87–574, §1(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89–785, title III, §303(a), (b), Nov. 7, 1966, 80 Stat. 1376, 1377; Pub. L. 99–576, title VII, §§701(14), 702(2), Oct. 28, 1986, 100 Stat. 3291, 3301, related to providing employee's apparel, transportation of employee children, recreational facilities, educational information, reimbursement for personal property, and emergency transportation. See section 703 of this title.

Section 234, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1117; Pub. L. 93–82, title IV, §402(a), (c), Aug. 2, 1973, 87 Stat. 196, related to telephone service for medical officers and facility directors. See section 705 of this title.

Section 235, added Pub. L. 86–116, §1, July 28, 1959, 73 Stat. 265; amended Pub. L. 87–815, §6, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89–300, §1(c), Oct. 28, 1965, 79 Stat. 1110; Pub. L. 96–22, title V, §503(b), (c)(1), June 13, 1979, 93 Stat. 65; Pub. L. 96–465, title II, §2206(g), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99–576, title VII, §§701(15), 702(3), Oct. 28, 1986, 100 Stat. 3291, 3301, related to benefits to employees at overseas offices who are United States citizens. See section 707 of this title.

Section 236, added Pub. L. 89–300, §1(a), Oct. 28, 1965, 79 Stat. 1110; amended Pub. L. 99–576, title VII, §701(16), Oct. 28, 1986, 100 Stat. 3292, related to administrative settlement of tort claims arising in foreign countries. See section 515 of this title.

Section 240, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 84; amended Pub. L. 92–540, title IV, §410(a), Oct. 24, 1972, 86 Stat. 1092, described purpose and defined terms for veterans outreach services program.

Section 241, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 84; amended Pub. L. 92–540, title IV, §410(b), Oct. 24, 1972, 86 Stat. 1092; Pub. L. 93–508, title II, §214(1), (2), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99–576, title VII, §§701(17), 702(4), Oct. 28, 1986, 100 Stat. 3292, 3301, related to outreach services.

Section 242, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 85; amended Pub. L. 93–508, title II, §214(3), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99–576, title VII, §701(18), Oct. 28, 1986, 100 Stat. 3292, related to veterans assistance offices.

Section 243, added Pub. L. 93–508, title II, §214(4), Dec. 3, 1974, 88 Stat. 1587; amended Pub. L. 97–295, §4(7), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 97–306, title II, §201(a), Oct. 14, 1982, 96 Stat. 1433, related to outstationing of counseling and outreach personnel.

Section 244, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 85, §243; renumbered §244 and amended Pub. L. 93–508, title II, §214(4), (5), Dec. 3, 1974, 88 Stat. 1587, 1588; Pub. L. 96–466, title V, §501, Oct. 17, 1980, 94 Stat. 2202; Pub. L. 99–576, title VII, §701(19), Oct. 28, 1986, 100 Stat. 3292, related to utilization of other agencies.

Section 245, added Pub. L. 91–219, title II, §214(a), Mar. 26, 1970, 84 Stat. 85, §244; renumbered §245, Pub. L. 93–508, title II, §214(4), Dec. 3, 1974, 88 Stat. 1587, related to an annual report to Congress on the effectiveness of outreach programs.

Section 246, added Pub. L. 95–202, title III, §310(b)(1), Nov. 23, 1977, 91 Stat. 1446; amended Pub. L. 95–336, §6(b), Aug. 4, 1978, 92 Stat. 453; Pub. L. 97–295, §4(8), Oct. 12, 1982, 96 Stat. 1305, related to veterans cost-of-instruction payments to institutions of higher learning.

Amendments

2022—Pub. L. 117–168, §1(b)(2), title VIII, §805(a), Aug. 10, 2022, 136 Stat. 1759, 1804, added item 324.

2017—Pub. L. 115–41, title I, §101(c), June 23, 2017, 131 Stat. 865, added item 323.

2008—Pub. L. 110–389, title II, §222(b), title VII, §703(b), Oct. 10, 2008, 122 Stat. 4156, 4184, added items 321 and 322.

2006—Pub. L. 109–461, title VIII, §811(b), Dec. 22, 2006, 120 Stat. 3447, added item 312A.

2003—Pub. L. 108–136, div. A, title V, §583(a)(2), Nov. 24, 2003, 117 Stat. 1491, added item 320.

1998—Pub. L. 105–368, title IV, §403(c)(1)(B), Nov. 11, 1998, 112 Stat. 3338, substituted "Under Secretary for Memorial Affairs" for "Director of the National Cemetery System" in item 307.

1997—Pub. L. 105–114, title I, §102(a)(2), Nov. 21, 1997, 111 Stat. 2281, added item 319.

1996—Pub. L. 104–106, div. E, title LVI, §5608(b), Feb. 10, 1996, 110 Stat. 702, substituted "Chief Information Officer" for "Chief Information Resources Officer" in item 310.

1994—Pub. L. 103–446, title V, §509(b), Nov. 2, 1994, 108 Stat. 4668, substituted "Center for Minority Veterans" for "Chief Minority Affairs Officer" in item 317 and added item 318.

1992—Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984, substituted "Under Secretary for Health" for "Chief Medical Director" in item 305 and "Under Secretary for Benefits" for "Chief Benefits Director" in item 306.

1991—Pub. L. 102–218, §1(b), Dec. 11, 1991, 105 Stat. 1672, added item 317.

§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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 378; amended Pub. L. 105–368, title IV, §403(a)(2), Nov. 11, 1998, 112 Stat. 3338.)

Editorial Notes

Prior Provisions

Prior section 301 was renumbered section 1101 of this title.

Provisions similar to those in subsec. (a) of this section were contained in section 2 of Pub. L. 100–527, known as the Department of Veterans Affairs Act.

Provisions similar to those in subsec. (b) of this section were contained in section 201 of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

1998—Subsec. (c)(4). Pub. L. 105–368 substituted "Administration" for "System".

Statutory Notes and Related Subsidiaries

Department of Veterans Affairs Personnel Transparency

Pub. L. 116–159, div. E, title I, §5108, Oct. 1, 2020, 134 Stat. 749, provided that: "Not later than October 31, 2022, and October 31, 2024, and as frequently thereafter as the Inspector General of the Department of Veterans Affairs considers appropriate, the Inspector General shall—

"(1) review the administration of the internet website required by section 505(a)(1) of the VA MISSION Act of 2018 (Public Law 115–182; 132 Stat. 1477; 38 U.S.C. 301 note);

"(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)."

Pub. L. 115–182, title V, §505, June 6, 2018, 132 Stat. 1477, as amended by Pub. L. 116–315, title III, §3008, Jan. 5, 2021, 134 Stat. 4996, provided that:

"(a) Publication of Staffing and Vacancies.—

"(1) Website required.—Subject to paragraph (2) and not later than 90 days after the date of the enactment of this Act [June 6, 2018], the Secretary of Veterans Affairs shall make publicly available on an Internet website of the Department of Veterans Affairs the following information, which shall, subject to subparagraph (D), be displayed by departmental component or, in the case of information relating to Veterans Health Administration positions, by medical facility:

"(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 section 7401 of title 38, United States Code, the number of employees for which the duration of the process from validation of vacancy to receipt of official offer and notification of actual start date exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model.

"(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) Exceptions.—The Secretary may withhold from publication under paragraph (1) information relating to law enforcement, information security, or such positions in the Department that the Secretary determines to be sensitive.

"(3) Update of information.—The Secretary shall update the information on the website required under paragraph (1) on a quarterly basis.

"(4) Treatment of contractor positions.—Any Department of Veterans Affairs position that is filled with a contractor may not be treated as a Department position for purposes of the information required to be published under paragraph (1).

"(5) Inspector general review.—On a semi-annual basis, the Inspector General of the Department shall review the administration of the website required under paragraph (1) and make recommendations relating to the improvement of such administration.

"(b) Report to Congress.—The Secretary of Veterans Affairs shall submit to Congress an annual report on the steps the Department is taking to achieve full staffing capacity and to improve the onboard timeline for facilities for which the duration of the onboarding process exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model. Each such report shall include the amount of additional funds necessary to enable the Department to reach full staffing capacity."

Department of Veterans Affairs Franchise Fund

Pub. L. 104–204, title I, Sept. 26, 1996, 110 Stat. 2880, as amended by Pub. L. 109–114, title II, §208, Nov. 30, 2005, 119 Stat. 2389, provided in part that: "There is hereby established in the Treasury a Department of Veterans Affairs franchise fund, to be available without fiscal year limitation for expenses and equipment necessary for the maintenance and operation of such administrative services as the Secretary determines may be performed more advantageously as central services: Provided, That any inventories, equipment and other assets pertaining to the services to be provided by the franchise fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize the franchise fund: Provided further, That the franchise fund may be paid in advance from funds available to the Department and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That the franchise fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Departmental financial management, ADP, and other support systems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury."

Renaming of Veterans Health Services and Research Administration

Pub. L. 102–40, §2, May 7, 1991, 105 Stat. 187, provided that:

"(a) Renaming.—The establishment in the Department of Veterans Affairs known as the Veterans Health Services and Research Administration is hereby redesignated as the Veterans Health Administration.

"(b) References.—Any reference to the Veterans Health Services and Research Administration (or to the Department of Medicine and Surgery of the Veterans' Administration) in any Federal law, Executive order, regulation, delegation of authority, or document of or pertaining to the Department of Veterans Affairs shall be deemed to refer to the Veterans Health Administration."

Department of Veterans Affairs Act

Pub. L. 100–527, §§1–12, 14, 16, 18, Oct. 25, 1988, 102 Stat. 2635–2642, 2644, 2645, 2648, as amended by Pub. L. 101–94, title IV, §401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–576, title II, §205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102–83, §3, Aug. 6, 1991, 105 Stat. 402, provided that:

"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. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"(b) Continuation of Service of General Counsel.—The individual serving on the effective date of this Act [Mar. 15, 1989] as the General Counsel of the Veterans' Administration may act as the General Counsel of the Department of Veterans Affairs until a person is appointed under this Act to that office.

"SEC. 9. OFFICE OF THE INSPECTOR GENERAL.

"(a) Redesignation.—The Office of Inspector General of the Veterans' Administration, established in accordance with the Inspector General Act of 1978 [Pub. L. 95–452, formerly set out in the Appendix to Title 5, Government Organization and Employees, see 5 U.S.C. 401 et seq.], is hereby redesignated as the Office of Inspector General of the Department of Veterans Affairs.

"[(b) Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"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) Continuing Effect of Legal Documents.—All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges—

"(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) Proceedings Not Affected.—The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before the Veterans' Administration at the time this Act takes effect, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

"(c) Suits Not Affected.—The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

"(d) Nonabatement of Actions.—No suit, action, or other proceeding commenced by or against the Veterans' Administration, or by or against any individual in the official capacity of such individual as an officer of the Veterans' Administration, shall abate by reason of the enactment of this Act.

"(e) Property and Resources.—The contracts, liabilities, records, property, and other assets and interests of the Veterans' Administration shall, after the effective date of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Veterans Affairs.

"(f) Compensation for Continued Service.—Any person—

"(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 title 38, United States Code, and to other provisions of law, which reflect the changes made by this Act. Such legislation shall be submitted not later than 6 months after the date of enactment of this Act [Oct. 25, 1988].

"[SEC. 16. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402.]

"SEC. 18. EFFECTIVE DATE.

"(a) In General.—Except as provided in subsection (b), this Act shall take effect on March 15, 1989.

"(b) Appointment of Secretary.—Notwithstanding any other provision of law or of this Act, the President may, any time after January 21, 1989, appoint an individual to serve as Secretary of the Department of Veterans Affairs."

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 section 3345 of Title 5, Government Organization and Employees.

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:

Section 1. Purpose. This order is intended to improve accountability and whistleblower protection at the Department of Veterans Affairs (VA) by directing the Secretary of Veterans Affairs (Secretary) to establish within the VA an Office of Accountability and Whistleblower Protection and to appoint a Special Assistant to serve as Executive Director of the Office.

Sec. 2. Establishing a VA Office of Accountability and Whistleblower Protection. (a) Within 45 days of the date of this order, and to the extent permitted by law, the Secretary shall establish in the VA the Office of Accountability and Whistleblower Protection (Office), and shall appoint a Special Assistant, reporting directly to the Secretary, to serve as Executive Director of the Office. The VA shall provide funding and administrative support for the Office, consistent with applicable law and subject to the availability of appropriations.

(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.

Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 379.)

Editorial Notes

Prior Provisions

Prior section 302 was renumbered section 1102 of this title.

Provisions similar to those in this section were contained in section 202 of this title prior to repeal by Pub. L. 102–83, §2(a).

§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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 379.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 210(a), (b)(1) of this title and in second and third sentences of section 2 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §§2(a), 3(1).

Statutory Notes and Related Subsidiaries

Plan for Reduction of Backlog of Freedom of Information Act Requests

Pub. L. 117–328, div. U, title IV, §406, Dec. 29, 2022, 136 Stat. 5493, provided that:

"(a) Plan.—

"(1) In general.—The Secretary of Veterans Affairs shall establish and carry out a plan for the Secretary to meet, by not later than five years after the date of the enactment of this Act [Dec. 29, 2022], the requirements of section 552 of title 5, United States Code, (commonly known as the 'Freedom of Information Act' or 'FOIA') with respect to providing documents and information under such section within the timeframes required by such section.

"(2) Elements.—The plan required by paragraph (1) shall include the following:

"(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) Compliance Assessment.—The Secretary shall request the Director of the Office of Government Information Services of the National Archives and Records Administration to conduct an assessment of the compliance by the Department of Veterans Affairs with section 552 of title 5, United States Code.

"(c) Reports.—

"(1) Initial report.—

"(A) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on implementing subsections (a) and (b).

"(B) Contents.—The report required by subparagraph (A) shall include the following:

"(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) Annual reports.—During the five-year period following the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives annual reports on—

"(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) Publication.—The Secretary shall make publicly available on the internet website of the Department the reports under paragraphs (1) and (2) by not later than 30 days after the date on which the Secretary submits the reports to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives.

"(d) Definition of Backlog of Freedom of Information Act Requests.—In this section, the term 'backlog of Freedom of Information Act requests' means the number of requests, as reported by the Secretary of Veterans Affairs to the Attorney General in the Annual FOIA Report, made by individuals to the Secretary pursuant to section 552 of title 5, United States Code, for documents or information that the Secretary has not fulfilled or provided a response to the individual."

Waiver of Pay Caps for Employees of Department of Veterans Affairs During Public Health Emergencies

Pub. L. 116–136, div. B, title X, §20008, Mar. 27, 2020, 134 Stat. 588, provided that:

"(a) In General.—Notwithstanding any other provision of law, the Secretary of Veterans Affairs may waive any limitation on pay for an employee of the Department of Veterans Affairs during a public health emergency for work done in support of response to the emergency.

"(b) Reporting.—

"(1) In general.—For each month that the Secretary waives a limitation under subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the waiver.

"(2) Contents.—Each report submitted under paragraph (1) for a waiver or waivers in a month shall include the following:

"(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) Employee of the Department of Veterans Affairs Defined.—In this section, the term 'employee of the Department of Veterans Affairs' includes any employee of the Department of Veterans Affairs, regardless of the authority under which the employee was hired."

[For definition of "public health emergency" as used in section 20008 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out below.]

Provision by Department of Veterans Affairs of Personal Protective Equipment for Home Health Workers

Pub. L. 116–136, div. B, title X, §20009, Mar. 27, 2020, 134 Stat. 588, provided that:

"(a) Provision of Equipment.—

"(1) In general.—During a public health emergency, the Secretary of Veterans Affairs shall provide to employees and contractors of the Department of Veterans Affairs personal protective equipment necessary to provide home care to veterans under the laws administered by the Secretary.

"(2) Source of equipment.—Personal protective equipment may be provided under paragraph (1) through the All Hazards Emergency Cache of the Department or any other source available to the Department.

"(b) Definitions.—In this section:

"(1) Home care.—The term 'home care' has the meaning given that term in section 1803(c) of title 38, United States Code.

"(2) Personal protective equipment.—The term 'personal protective equipment' means any protective equipment required to prevent the wearer from contracting COVID–19, including gloves, N–95 respirator masks, gowns, goggles, face shields, or other equipment required for safety."

[For definition of "public health emergency" as used in section 20009 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out below.]

Secretary's Approval of Research Using Canines, Felines, or Non-Human Primates

Pub. L. 118–42, div. A, title II, §247, Mar. 9, 2024, 138 Stat. 57, provided that:

"(a) None of the funds appropriated or otherwise made available by this Act [div. A of Pub. L. 118–42, see Tables for classification] may be used to conduct research commencing on or after the date of enactment of this Act [Mar. 9, 2024], that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b).

"(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 10 U.S.C. 1413(e);

"(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:

Pub. L. 117–328, div. J, title II, §247, Dec. 29, 2022, 136 Stat. 4967.

Pub. L. 117–103, div. J, title II, §247, Mar. 15, 2022, 136 Stat. 558.

Pub. L. 116–260, div. J, title II, §247, Dec. 27, 2020, 134 Stat. 1682.

Pub. L. 116–94, div. F, title II, §249, Dec. 20, 2019, 133 Stat. 2806.

Plans for Use of Supplemental Appropriations Required

Pub. L. 115–182, title I, §141, June 6, 2018, 132 Stat. 1429, as amended by Pub. L. 115–251, title II, §211(b)(3), Sept. 29, 2018, 132 Stat. 3176, provided that: "Whenever the Secretary of Veterans Affairs submits to Congress a request for supplemental appropriations or any other appropriation outside the standard budget process to address a budgetary issue affecting the Department of Veterans Affairs, the Secretary shall, not later than 45 days before the date on which such budgetary issue would start affecting a program or service, submit to Congress a justification for the request, including a plan that details how the Secretary intends to use the requested appropriation and how long the requested appropriation is expected to meet the needs of the Department and certification that the request was made using an updated and sound actuarial analysis."

Inclusion in Annual Budget Submission of Information on Capacity of Veterans Benefits Administration To Process Benefits Claims

Pub. L. 114–315, title I, §106, Dec. 16, 2016, 130 Stat. 1542, provided that:

"(a) In General.—Along with the supporting information included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, the President shall include information on the capacity of the Veterans Benefits Administration to process claims for benefits under the laws administered by the Secretary of Veterans Affairs, including information described in subsection (b), during the fiscal year covered by the budget with which the information is submitted.

"(b) Information Described.—The information described in this subsection is the following:

"(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) Effective Date.—This section shall apply with respect to any budget submitted as described in subsection (a) with respect to any fiscal year after fiscal year 2018."

Information To Be Included in Budget Justification Documents for Construction, Major Projects Account

Pub. L. 114–223, div. A, title II, §258, Sept. 29, 2016, 130 Stat. 895, provided that:

"(a) In fiscal year 2017 and each fiscal year hereafter, beginning with the fiscal year 2018 budget request submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the budget justification documents submitted for the 'Construction, Major Projects' account of the Department of Veterans Affairs shall include, at a minimum, the information required under subsection (b).

"(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 Pub. L. 114–223, set out above, see section 6 of Pub. L. 114–223, Sept. 29, 2016, 130 Stat. 858.]

Notice to Congressional Veterans Committees of Certain Transfers of Funds

Pub. L. 109–461, title X, §1001, Dec. 22, 2006, 120 Stat. 3464, provided that: "To the extent that the Secretary of Veterans Affairs is required or directed, under any provision of law, to provide written notice to any committee of Congress other than the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives on the transfer of appropriations from one account to any other account, the Secretary shall also transmit such notice to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives."

National Center on War-Related Illnesses and Post-Deployment Health Issues

Pub. L. 105–368, title I, §103, Nov. 11, 1998, 112 Stat. 3322, provided that:

"(a) Assessment.—The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Sciences, or another appropriate independent organization, under which such entity shall assist in developing a plan for the establishment of a national center or national centers for the study of war-related illnesses and post-deployment health issues. The purposes of such a center may include—

"(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) Recommendations and Report.—With respect to such a center, an agreement under this section shall provide for the Academy (or other entity) to—

"(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) Report on Establishment of National Center.—Not later than 60 days after receiving the report under subsection (b), the Secretaries specified in subsection (b)(2) shall submit to the Committees on Veterans' Affairs and Armed Services of the Senate and the Committees on Veterans' Affairs and Natoinal [sic] Security of the House of Representatives a joint report on the findings and recommendations contained in that report. Such report may set forth an operational plan for carrying out any recommendation in that report to establish a national center or centers for the study of war-related illnesses. No action to carry out such plan may be taken after the submission of such report until the end of a 90-day period following the date of the submission."

Specification in Budget Submissions of Funds for Certain Veterans Benefits

Pub. L. 100–687, div. B, title XIV, §1404, Nov. 18, 1988, 102 Stat. 4131, as amended by Pub. L. 102–83, §§5(c)(2), 6(k)(3), Aug. 6, 1991, 105 Stat. 406, 409, provided that:

"(a) Budget Information.—In the documentation providing detailed information on the budgets for the Department of Veterans Affairs and the Department of Labor that the Secretary of Veterans Affairs and the Secretary of Labor, respectively, submit to the Congress in conjunction with the President's budget submission for each fiscal year pursuant to section 1105 of title 31, United States Code, the Secretary of Veterans Affairs and the Secretary of Labor shall identify, to the maximum extent feasible, the estimated amount in each of the appropriation requests for Department of Veterans Affairs accounts and Department of Labor accounts, respectively, that is to be obligated for the furnishing of each of the following services or benefits only to, or with respect to, veterans who performed active military, naval, or air service in combat with the enemy or in a theatre of combat operations during a period of war or other hostilities:

"(1) Employment services and other employment benefits under programs administered by the Secretary of Labor.

"(2) Compensation under chapter 11 of title 38, United States Code.

"(3) Dependency and Indemnity Compensation under chapter 13 of such title.

"(4) Pension under chapter 15 of such title.

"(5) Inpatient hospital care under chapter 17 of such title.

"(6) Outpatient medical care under chapter 17 of such title.

"(7) Nursing home care under chapter 17 of such title.

"(8) Domiciliary care under chapter 17 of such title.

"(9) Readjustment counseling services under section 1712A of such title.

"(10) Insurance under chapter 19 of such title.

"(11) Specially adapted housing for disabled veterans under chapter 21 of such title.

"(12) Burial benefits under chapter 23 of such title.

"(13) Educational assistance under chapters 30, 32, and 34 of such title and chapter 106 of title 10, United States Code.

"(14) Vocational rehabilitation services under chapter 31 of title 38, United States Code.

"(15) Survivors' and dependents' educational assistance under chapter 35 of such title.

"(16) Home loan benefits under chapter 37 of such title.

"(17) Automobiles and adaptive equipment under chapter 39 of such title.

"(b) Report on Feasibility.—If the Secretary of Veterans Affairs or the Secretary of Labor determines that, with respect to any services or benefits referred to in subsection (a), it is not feasible to identify an estimated dollar amount to be obligated for furnishing such services or benefits only to veterans described in that subsection for any fiscal year, the Secretary of Veterans Affairs and the Secretary of Labor shall, with respect to an appropriation request for such fiscal year relating to such services or benefits, report to the Committees on Veterans' Affairs of the Senate and the House of Representatives the reasons for the infeasibility. The report shall be submitted contemporaneously with the budget submission for such fiscal year. The report shall specify (1) the information, systems, equipment, or personnel that would be required in order for it to be feasible for the Secretary of Veterans Affairs or the Secretary of Labor to identify such amount, and (2) the actions to be taken in order to ensure that it will be feasible to make such an estimate in connection with the submission of the budget request for the next fiscal year."

Information and Training Concerning AIDS Prevention

Pub. L. 100–322, title I, §123, May 20, 1988, 102 Stat. 504, as amended by Pub. L. 102–83, §6(j)(2), Aug. 6, 1991, 105 Stat. 409; Pub. L. 102–531, title III, §312(c), Oct. 27, 1992, 106 Stat. 3504, provided that:

"(a) Information Program.—The Secretary of Veterans Affairs shall establish and carry out an information program relating to the acquired immune deficiency syndrome (hereinafter in this section referred to as 'AIDS'). The information program shall be for employees and consultants of the Department of Veterans Affairs, for other persons providing services in Department of Veterans Affairs facilities to beneficiaries of programs administered by the Department of Veterans Affairs, and for such beneficiaries.

"(b) Required Elements of Information Program.—In conducting the program under subsection (a), the Secretary shall—

"(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) Training in AIDS Prevention.—The Secretary shall establish and carry out a program that provides for education, training, and other activities (including continuing education and infection control programs) regarding AIDS and the human immunodeficiency virus designed to improve the effectiveness and safety of all health-care personnel and all health-care support personnel involved in the furnishing of care under programs administered by the Department of Veterans Affairs."

Definition of "Public Health Emergency"

Pub. L. 116–136, div. B, title X, §20003, Mar. 27, 2020, 134 Stat. 585, provided that: "In this title [enacting provisions set out as notes above and under sections 1503, 1710B, 1712A, 1714, 1741, 2011, 2041, and 2044 of this title], the term 'public health emergency' means an emergency with respect to COVID–19 declared by a Federal, State, or local authority."

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 section 5195 of Title 42, The Public Health and Welfare.

§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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 379.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 210(d) of this title and in section 3(a) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §§2(a), 3(3).

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 section 3345 of Title 5, Government Organization and Employees.

§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 section 7312 of this title.

(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 Pub. L. 102–83, §§2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, §1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 108–422, title V, §503, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109–461, title II, §210(a), Dec. 22, 2006, 120 Stat. 3418.)

Editorial Notes

Prior Provisions

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

Amendments

2006—Subsecs. (c), (d). Pub. L. 109–461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "The Under Secretary for Health shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Health before the completion of the term for which the Under Secretary for Health was appointed, the President shall communicate the reasons for the removal to Congress."

2004—Subsec. (a)(2). Pub. L. 108–422, §503(1), struck out "shall be a doctor of medicine and" after "The Under Secretary for Health" in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 108–422, §503(2), substituted "or in health-care" for "and in health-care".

1994—Subsec. (a)(1). Pub. L. 103–446, §1201(c)(1)(A), substituted "an Under Secretary" for "a Under Secretary".

Subsec. (d)(2)(F). Pub. L. 103–446, §1201(c)(1)(B), (e)(2), substituted "Chief Medical Director of the Veterans' Administration)" for "Under Secretary for Health of the Department)" and "commission" for "Commission".

1992—Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" wherever appearing.

1991—Subsec. (d)(2)(F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 102–405, title III, §302(a), Oct. 9, 1992, 106 Stat. 1984, provided that: "The position of Chief Medical Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Health of the Department of Veterans Affairs."

Pub. L. 102–405, title III, §302(e), Oct. 9, 1992, 106 Stat. 1985, provided that: "Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Department of Veterans Affairs—

"(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 section 3692 of this title.

(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 Pub. L. 102–83, §§2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 380, 404; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, §1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 109–461, title II, §210(b), Dec. 22, 2006, 120 Stat. 3418.)

Editorial Notes

Prior Provisions

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

Amendments

2006—Subsecs. (c), (d). Pub. L. 109–461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "The Under Secretary for Benefits shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Benefits before the completion of the term for which the Under Secretary for Benefits was appointed, the President shall communicate the reasons for the removal to Congress."

1994—Subsec. (a). Pub. L. 103–446, §1201(c)(2)(A), substituted "an Under Secretary" for "a Under Secretary".

Subsec. (d)(2)(F). Pub. L. 103–446, §1201(c)(2)(B), (e)(2), substituted "Chief Benefits Director of the Veterans' Administration)" for "Under Secretary for Benefits of the Department)" and "commission" for "Commission".

1992—Pub. L. 102–405 substituted "Under Secretary for Benefits" for "Chief Benefits Director" wherever appearing.

1991—Subsec. (d)(2)(F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 102–405, title III, §302(b), Oct. 9, 1992, 106 Stat. 1984, provided that: "The position of Chief Benefits Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Benefits of the Department of Veterans Affairs."

§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 section 2400 of this title and shall perform such functions as may be assigned by the Secretary.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 105–368, title IV, §403(a)(3), (c)(1)(A), Nov. 11, 1998, 112 Stat. 3338.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3(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

1998—Pub. L. 105–368, §403(c)(1)(A), substituted "Under Secretary for Memorial Affairs" for "Director of the National Cemetery System" in section catchline.

Pub. L. 105–368, §403(a)(3), in first sentence, substituted "an Under Secretary for Memorial Affairs" for "a Director of the National Cemetery System" and, in second sentence, substituted "The Under Secretary is the head of the National Cemetery Administration" for "The Director is the head of the National Cemetery System".

§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 section 3506 of title 44.

(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 section 323(c) of this title.

(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 section 3132(a)(7) of title 5; or

(C) to which such individual was appointed by the President.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 107–287, §5(a)–(c), Nov. 7, 2002, 116 Stat. 2030; Pub. L. 112–166, §2(m), Aug. 10, 2012, 126 Stat. 1287; Pub. L. 115–41, title I, §101(b), June 23, 2017, 131 Stat. 865.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 4(a), (b), (e) and 5 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

2017—Subsec. (b)(12). Pub. L. 115–41 added par. (12).

2012—Subsec. (a). Pub. L. 112–166 designated existing provisions as par. (1), struck out at end of par. (1) "Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.", and added pars. (2) and (3).

2002—Subsec. (a). Pub. L. 107–287, §5(a), substituted "seven" for "six" in first sentence.

Subsec. (b)(11). Pub. L. 107–287, §5(b), added par. (11).

Subsec. (d)(1). Pub. L. 107–287, §5(c), substituted "19" for "18".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

§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 section 902 of title 31.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 382.)

Editorial Notes

Prior Provisions

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

Statutory Notes and Related Subsidiaries

Matters Relating to the Chief Financial Officer of Department of Veterans Affairs

Pub. L. 116–315, title VII, subtitle B, Jan. 5, 2021, 134 Stat. 5061, provided that:

"SEC. 7101. DEFINITIONS.

"In this subtitle:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means the Committees on Veterans' Affairs of the Senate and the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives.

"(2) Subordinate chief financial officer.—The term 'subordinate chief financial officer'—

"(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 section 3515 of title 31, United States Code[,] for the year preceding the year during which the report is submitted; and

"(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 section 902 of title 31, United States Code.

"SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION.

"Concurrent with the submittal to Congress of the President's budget request under section 1105 of title 31, United States Code, for fiscal year 2022 and each of the next three subsequent fiscal years, the Chief Financial Officer of the Department of Veterans affairs shall submit to the appropriate congressional committees each of the following:

"(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) In General.—In accordance with the responsibilities of the Chief Financial Officer of the Department of Veterans Affairs for the recruitment, selection, and training of personnel to carry out agency financial management functions pursuant to section 902(a)(5)(C) of title 31, United States Code, the Chief Financial Officer or the designee of the Chief Financial Officer within the Office of Management of the Department shall—

"(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) Termination.—The requirements under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [Jan. 5, 2021]."

§310. Chief Information Officer

(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 Notes

Prior 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 Subsidiaries

Effective 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)."

§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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 383.)

Editorial Notes

Prior Provisions

Prior section 311 was renumbered section 1111 of this title.

Provisions similar to those in this section were contained in section 8(a) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

§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 chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.¹

(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 section 1105 of title 31 an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.

(c)(1) Whenever the Inspector General, in carrying out the duties and responsibilities established under chapter 4 of title 5, issues a work product the Inspector General shall—

(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 (5 U.S.C. App. 5(b)),¹ the Inspector General shall include a report on the exercise of the authority provided by paragraph (1).

(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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 383; amended Pub. L. 103–446, title XII, §1201(e)(3), (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 114–113, div. J, title II, §239, Dec. 18, 2015, 129 Stat. 2700; Pub. L. 114–223, div. A, title II, §244, Sept. 29, 2016, 130 Stat. 884; Pub. L. 117–136, §2(a), June 7, 2022, 136 Stat. 1251; Pub. L. 117–286, §4(b)(60), Dec. 27, 2022, 136 Stat. 4350.)

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 Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§401 et seq.) of Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. Section 5(b) of the Act was repealed and restated as section 405(b) of Title 5. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.

Prior Provisions

Prior section 312 was renumbered section 1112 of this title.

Provisions similar to those in this section were contained in section 9(b) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

2022—Subsec. (a). Pub. L. 117–286, §4(b)(60)(A), substituted "chapter 4 of title 5." for "the Inspector General Act of 1978 (5 U.S.C. App.)."

Subsec. (c)(1). Pub. L. 117–286, §4(b)(60)(B), substituted "chapter 4 of title 5," for "the Inspector General Act of 1978 (5 U.S.C. App.),".

Subsec. (d). Pub. L. 117–136 added subsec. (d).

2016—Subsec. (c)(1). Pub. L. 114–223, in introductory provisions, struck out "that makes a recommendation or otherwise suggests corrective action," after "work product".

2015—Subsec. (c). Pub. L. 114–113 added subsec. (c).

1994—Subsec. (a). Pub. L. 103–446, §1201(e)(3), substituted "(5 U.S.C. App.)" for "(5 U.S.C. App. 3)".

Subsec. (b)(3). Pub. L. 103–446, §1201(g)(1), struck out par. (3) which read as follows: "The Secretary shall provide the number of additional full-time positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991."

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

Pub. L. 117–136, §2(b), June 7, 2022, 136 Stat. 1252, provided that:

"(1) In general.—Subsection (d) of section 312 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [June 7, 2022].

"(2) Semiannual report.—Paragraph (6) of subsection (d) of such section, as so added, shall apply beginning on the date that is seven months after the first day of the first fiscal year beginning after the date of the enactment of this Act."

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) In General.—(1) There is in the Department a Director of Construction and Facilities Management, who shall be appointed by the Secretary.

(2) The position of Director of Construction and Facilities Management is a career reserved position, as such term is defined in section 3132(a)(8) of title 5.

(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) Qualifications.—Each individual appointed as Director of Construction and Facilities Management shall be an individual who—

(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) Responsibilities.—(1) The Director of Construction and Facilities Management shall—

(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 Pub. L. 109–461, title VIII, §811(a), Dec. 22, 2006, 120 Stat. 3446.)

§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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 383.)

Editorial Notes

Prior Provisions

Prior section 313 was renumbered section 1113 of this title.

Provisions similar to those in this section were contained in section 203 of this title prior to repeal by Pub. L. 102–83, §2(a).

Statutory Notes and Related Subsidiaries

Recurring Expenses Transformational Fund

Pub. L. 114–113, div. J, title II, §243, Dec. 18, 2015, 129 Stat. 2701, provided that: "There is hereby established in the Treasury of the United States a fund to be known as the 'Recurring Expenses Transformational Fund' (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated in this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Veterans Affairs by this or any other Act may be transferred (at the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for facilities infrastructure improvements, including nonrecurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems improvements and sustainment, subject to approval by the Office of Management and Budget: Provided further, That prior to obligation of any amounts in the Fund, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make such obligation and such Committees issue an approval, or absent a response, a period of 30 days has elapsed."

§314. Central Office

The Central Office of the Department shall be in the District of Columbia.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 383.)

Editorial Notes

Prior Provisions

Prior section 314 was renumbered section 1114 of this title.

Provisions similar to those in this section were contained in section 230(a) of this title prior to repeal by Pub. L. 102–83, §2(a).

§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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 384; amended Pub. L. 102–291, §1(a), May 20, 1992, 106 Stat. 178; Pub. L. 103–210, §2(c), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 103–446, title V, §502, Nov. 2, 1994, 108 Stat. 4663; Pub. L. 106–117, title VIII, §802, Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108–183, title II, §213, Dec. 16, 2003, 117 Stat. 2658; Pub. L. 111–117, div. E, title II, §228, Dec. 16, 2009, 123 Stat. 3307; Pub. L. 111–275, title VIII, §807(a), Oct. 13, 2010, 124 Stat. 2893; Pub. L. 112–74, div. H, title II, §234, Dec. 23, 2011, 125 Stat. 1160; Pub. L. 112–191, title II, §202, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, §7, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title IV, §402, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §403, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, §402, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title IV, §402, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §162, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–61, §3, Sept. 30, 2019, 133 Stat. 1116; Pub. L. 116–159, div. E, title II, §5203, Oct. 1, 2020, 134 Stat. 750; Pub. L. 117–180, div. E, title II, §202, Sept. 30, 2022, 136 Stat. 2137.)

Editorial Notes

Prior Provisions

Prior section 315 was renumbered section 1115 of this title.

Provisions similar to those in this section were contained in section 230(a), (b) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2022—Subsec. (b). Pub. L. 117–180 substituted "September 30, 2024" for "September 30, 2022".

2020—Subsec. (b). Pub. L. 116–159 substituted "September 30, 2022" for "September 30, 2020".

2019—Subsec. (b). Pub. L. 116–61 substituted "September 30, 2020" for "September 30, 2019".

2018—Subsec. (b). Pub. L. 115–251 substituted "September 30, 2019" for "September 30, 2018".

2017—Subsec. (b). Pub. L. 115–62 substituted "September 30, 2018" for "September 30, 2017".

2016—Subsec. (b). Pub. L. 114–228 substituted "September 30, 2017" for "September 30, 2016".

2015—Subsec. (b). Pub. L. 114–58 substituted "September 30, 2016" for "September 30, 2015".

2014—Subsec. (b). Pub. L. 113–175 substituted "September 30, 2015" for "December 31, 2014".

2013—Subsec. (b). Pub. L. 113–59 substituted "December 31, 2014" for "December 31, 2013".

2012—Subsec. (b). Pub. L. 112–191 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (b). Pub. L. 112–74 substituted "December 31, 2012" for "December 31, 2011".

2010—Subsec. (b). Pub. L. 111–275 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (b). Pub. L. 111–117 substituted "December 31, 2010" for "December 31, 2009".

2003—Subsec. (b). Pub. L. 108–183 substituted "December 31, 2009" for "December 31, 2003".

1999—Subsec. (b). Pub. L. 106–117 substituted "December 31, 2003" for "December 31, 1999".

1994—Subsec. (b). Pub. L. 103–446 substituted "December 31, 1999" for "December 31, 1994".

1993—Subsec. (b). Pub. L. 103–210 substituted "December 31, 1994" for "March 31, 1994".

1992—Subsec. (b). Pub. L. 102–291 substituted "March 31, 1994" for "September 30, 1991".

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–291, §1(b), May 20, 1992, 106 Stat. 178, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 30, 1991."

Effect of Amendment

Pub. L. 112–191, title II, §202, Oct. 5, 2012, 126 Stat. 1439, provided that this section shall be carried out as amended by section 202 of Pub. L. 112–191 notwithstanding the date described in section 151 of Pub. L. 112–175 (126 Stat. 1323).

Ratification of Maintenance of Office During Lapsed Period

Pub. L. 102–291, §1(c), May 20, 1992, 106 Stat. 178, provided that: "Any action of the Secretary of Veterans Affairs in maintaining a Department of Veterans Affairs Regional Office in the Republic of the Philippines under section 315(b) of title 38, United States Code, during the period beginning on October 1, 1991, and ending on the date of the enactment of this Act [May 20, 1992] is hereby ratified with respect to that 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 Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 384.)

Editorial Notes

Prior Provisions

Prior section 316 was renumbered section 1116 of this title.

§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 chapter 77 of this title.

(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 (42 U.S.C. 289a–2) with respect to the inclusion of minorities in clinical research and on particular health conditions affecting the health of members of minority groups which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are minorities.

(11) Provide support and administrative services to the Advisory Committee on Minority Veterans provided for under section 544 of this title.

(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 section 544(d) of this title.

(Added Pub. L. 103–446, title V, §509(a), Nov. 2, 1994, 108 Stat. 4665; amended Pub. L. 104–275, title V, §501(a)–(c), Oct. 9, 1996, 110 Stat. 3340.)

Editorial Notes

Prior Provisions

Prior section 317, added Pub. L. 102–218, §1(a), Dec. 11, 1991, 105 Stat. 1671; amended Pub. L. 103–446, title XII, §1201(e)(4), Nov. 2, 1994, 108 Stat. 4685, related to Chief Minority Affairs Officer, prior to repeal by Pub. L. 103–446, §509(a).

Amendments

1996—Subsec. (b). Pub. L. 104–275, §501(a), inserted "career or" before "noncareer".

Subsec. (d)(10) to (12). Pub. L. 104–275, §501(b), added pars. (10) and (11) and redesignated former par. (10) as (12).

Subsec. (g). Pub. L. 104–275, §501(c), added 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 chapter 77 of this title.

(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 (42 U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on particular health conditions affecting women's health which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are women.

(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title.

(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 Pub. L. 103–446, title V, §509(a), Nov. 2, 1994, 108 Stat. 4666; amended Pub. L. 104–275, title V, §501(a), (d), Oct. 9, 1996, 110 Stat. 3340, 3341.)

Editorial Notes

Prior Provisions

Prior sections 321, 322, and 331 to 335 were renumbered sections 1121, 1122, and 1131 to 1135 of this title, respectively.

Prior section 336, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under subchapter IV of chapter 11 of this title, prior to repeal by Pub. L. 92–328, title I, §108(c), title III, §301(b), June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973.

Prior sections 337, 341, and 342 were renumbered sections 1137, 1141, and 1142 of this title, respectively.

Prior section 343, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, prescribed conditions under which wartime rates of compensation were payable, prior to repeal by Pub. L. 93–295, title II, §206(b), title IV, §401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974.

Prior sections 351 to 355 were renumbered sections 1151 to 1155 of this title, respectively.

Prior section 356, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, provided for a minimum rating for veterans with arrested tuberculosis, prior to repeal by Pub. L. 90–493, §4, Aug. 19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran who on Aug. 19, 1968, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest.

Prior sections 357 to 363 were renumbered sections 1157 to 1163 of this title, respectively.

Prior sections 401 and 402 were renumbered sections 1301 and 1302 of this title, respectively.

Prior section 403, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 91–96, §2, Oct. 27, 1969, 83 Stat. 144, defined Reserve Officer Training Corps annual training duty and authorized travel to and from such duty as active military service for the purposes of chapter 11 of this title and former section 722 of this title, prior to repeal by Pub. L. 97–306, title I, §113(b)(1), (d), Oct. 14, 1982, 96 Stat. 1432, 1433, effective Oct. 1, 1982, with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after Sept. 30, 1982, and Oct. 1, 1983, with respect to deaths and disabilities incurred or aggravated before Oct. 1, 1982.

Prior sections 404, 410 to 418, and 421 to 423 were renumbered sections 1304, 1310 to 1318, and 1321 to 1323 of this title, respectively.

Amendments

1996—Subsec. (b). Pub. L. 104–275, §501(a), inserted "career or" before "noncareer".

Subsec. (d)(10). Pub. L. 104–275, §501(d), substituted "(42 U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on" for "(relating to the inclusion of women and minorities in clinical research) and of".

Statutory Notes and Related Subsidiaries

Assessment of Use by Women Veterans of Department of Veterans Affairs Health Services

Pub. L. 104–262, title III, §323, Oct. 9, 1996, 110 Stat. 3196, required the Center for Women Veterans of the Department of Veterans Affairs, in consultation with the Advisory Committee on Women Veterans, to assess the use by women veterans of health services through the Department of Veterans Affairs, including counseling for sexual trauma and mental health services, and to submit reports to the Under Secretary for Health of the Department of Veterans Affairs not later than Apr. 1, 1997, and Apr. 1 of each of the two following years, and also required the Secretary of Veterans Affairs to submit reports to Congress, not later than July 1, 1997, and July 1 of each of the two following years.

§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 Pub. L. 105–114, title I, §102(a)(1), Nov. 21, 1997, 111 Stat. 2280.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–114, title I, §102(c), Nov. 21, 1997, 111 Stat. 2281, provided that: "Section 319 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997]."

Reports on Implementation

Pub. L. 105–114, title I, §102(b), Nov. 21, 1997, 111 Stat. 2281, required the Director of the Office of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs to submit to the Secretary of Veterans Affairs and to Congress reports on the implementation and the operation of the office, with the first report due not later than Apr. 1, 1998, and subsequent reports due not later than Jan. 1, 1999, and Jan. 1, 2000.

§320. Department of Veterans Affairs-Department of Defense Joint Executive Committee

(a) Joint Executive Committee.—(1) There is established an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee (hereinafter in this section referred to as the "Committee").

(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) Administrative Matters.—(1) The Deputy Secretary of Veterans Affairs and the Under Secretary of Defense shall determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee.

(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) Recommendations.—(1) The Committee shall recommend to the Secretaries strategic direction for the joint coordination and sharing efforts between and within the two Departments under section 8111 of this title and shall oversee implementation of those efforts.

(2) The Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations as the Committee considers appropriate.

(d) Functions.—In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following:

(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) Transition Executive Committee.—The Transition Executive Committee described in subsection (b)(2) shall, in addition to such other activities as may assigned to the committee under subsection (d)(6)—

(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 Pub. L. 108–136, div. A, title V, §583(a)(1), Nov. 24, 2003, 117 Stat. 1490; amended Pub. L. 114–92, div. A, title V, §561, Nov. 25, 2015, 129 Stat. 828; Pub. L. 118–31, div. A, title XVIII, §1805, Dec. 22, 2023, 137 Stat. 687.)

Editorial Notes

Amendments

2023—Subsec. (a)(2)(C), (D). Pub. L. 118–31, §1805(1)(A), added subpars. (C) and (D).

Subsec. (a)(3). Pub. L. 118–31, §1805(1)(B), added par. (3).

Subsec. (b)(2). Pub. L. 118–31, §1805(2), substituted "Transition Executive Committee" for "Job Training and Post-Service Placement Executive Committee".

Subsec. (d)(6). Pub. L. 118–31, §1805(3), added par. (6).

Subsec. (e). Pub. L. 118–31, §1805(4)(B), in introductory provisions, substituted "Transition" for "Job Training and Post-Service Placement" and inserted ", in addition to such other activities as may assigned to the committee under subsection (d)(6)" after "shall".

Pub. L. 118–31, §1805(4)(A), substituted "Transition" for "Job Training and Post-Service Placement" in heading.

Subsec. (e)(2). Pub. L. 118–31, §1805(4)(C), inserted ", transition from life in the Armed Forces to civilian life," after "job training".

2015—Subsec. (b)(2). Pub. L. 114–92, §561(1), inserted "a subordinate Job Training and Post-Service Placement Executive Committee," before "such other committees".

Subsec. (d)(2). Pub. L. 114–92, §561(3), inserted ", including with respect to job training and post-service placement" before period at end.

Subsec. (e). Pub. L. 114–92, §561(2), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–136, div. A, title V, §583(d)(2), Nov. 24, 2003, 117 Stat. 1492, provided that: "If this Act is enacted on or after October 1, 2003, the amendments made by this section [enacting this section and amending section 8111 of this title] shall take effect on the date of the enactment of this Act [Nov. 24, 2003]."

Joint Program for Development and Evaluation of Integrated Healing Care Practices for Members of the Armed Forces and Veterans

Pub. L. 108–136, div. A, title VII, §727, Nov. 24, 2003, 117 Stat. 1537, provided that:

"(a) Program.—The Secretary of Defense and the Secretary of Veterans Affairs may conduct a program to develop and evaluate integrated healing care practices for members of the Armed Forces and veterans. Any such program shall be carried out through the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code.

"(b) Source of DOD Funds.—Amounts authorized to be appropriated by this Act [see Tables for classification] for the Defense Health Program may be used for the program under subsection (a)."

§321. Office of Survivors Assistance

(a) Establishment.—The Secretary shall establish in the Department an Office of Survivors Assistance (in this section referred to as the "Office") to serve as a resource regarding all benefits and services furnished by the Department—

(1) to survivors and dependents of deceased veterans; and

(2) to survivors and dependents of deceased members of the Armed Forces.

(b) Advisory Duties.—The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legislative issues, and other initiatives affecting the survivors and dependents described in subsection (a).

(c) Guidance From Stakeholders.—In establishing the Office, the Secretary shall seek guidance from interested stakeholders.

(d) Resources.—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities.

(e) Inclusion of Information on Office in Annual Report on Department Activities.—The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.

(Added Pub. L. 110–389, title II, §222(a), Oct. 10, 2008, 122 Stat. 4156.)

§322. Office of National Veterans Sports Programs and Special Events

(a) Establishment.—There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report to an appropriate official of the Veterans Benefits Administration, as determined by the Secretary, or to the Deputy Secretary or Secretary.

(b) Responsibilities of Director.—Subject to the direction of the Secretary, the Director—

(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) Qualifying Program or Event.—For purposes of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is approved by the Secretary as being consistent with the goals and missions of the Department.

(d) Monthly Assistance Allowance.—(1) Subject to the availability of appropriations for such purpose, the Secretary may provide a monthly assistance allowance to—

(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 chapter 31 of this title if the veteran were eligible for and entitled to rehabilitation under such chapter.

(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) Applicability to Commonwealths and Territories of the United States.—The provisions of this subsection shall apply in the same manner and to the same degree as to the United States Olympic Committee to the Paralympic sport entities the Secretary considers appropriate to represent the interests of each of the following:

(1) American Samoa.

(2) Guam.

(3) Puerto Rico.

(4) The Northern Mariana Islands.

(5) The United States Virgin Islands.

(f) Limitation on Statutory Construction.—Nothing in this section shall be construed as a limitation on disabled sports and special events supported by the Department as of the date of the enactment of this section.

(Added Pub. L. 110–389, title VII, §703(a), Oct. 10, 2008, 122 Stat. 4183; amended Pub. L. 113–37, §2(a), Sept. 30, 2013, 127 Stat. 523; Pub. L. 113–59, §4, Dec. 20, 2013, 127 Stat. 659; Pub. L. 114–58, title IV, §402, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–223, div. A, title II, §249, Sept. 29, 2016, 130 Stat. 892; Pub. L. 114–228, title IV, §403, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §403, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §163, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, §5401, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title IV, §401, Sept. 30, 2022, 136 Stat. 2139.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (f), is the date of enactment of Pub. L. 110–389, which was approved Oct. 10, 2008.

Amendments

2022—Subsec. (d)(4). Pub. L. 117–180 substituted "2026" for "2022".

2020—Subsec. (d)(4). Pub. L. 116–159 substituted "2022" for "2020".

2018—Subsec. (d)(4). Pub. L. 115–251 substituted "2020" for "2019".

2017—Subsec. (d)(4). Pub. L. 115–62 substituted "2019" for "2017".

2016—Subsec. (d)(1). Pub. L. 114–223 substituted "allowance to—" for "allowance to", inserted subpar. (A) designation before "a veteran with a disability", and added subpar. (B).

Subsec. (d)(4). Pub. L. 114–228 substituted "2017" for "2016".

2015—Subsec. (d)(4). Pub. L. 114–58 substituted "2016" for "2015".

2013—Subsec. (b)(4). Pub. L. 113–59, §4(b), substituted "cooperate with entities with significant experience in managing large-scale adaptive sports programs;" for "cooperate with the United States Olympic Committee and its partners to promote the participation of disabled veterans and disabled members of the Armed Forces in sporting events sponsored by the United States Olympic Committee and its partners;".

Pub. L. 113–37, §2(a)(2), substituted "United States Olympic Committee" for "United States Paralympics, Inc.," in two places.

Subsec. (d)(1). Pub. L. 113–37, §2(a)(2), substituted "United States Olympic Committee" for "United States Paralympics, Inc.," wherever appearing.

Subsec. (d)(4). Pub. L. 113–59, §4(a), substituted "through 2015." for "through 2013 and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013."

Pub. L. 113–37, §2(a)(1), inserted "and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013" before period at end.

Subsecs. (e), (f). Pub. L. 113–59, §4(c), added subsec. (e) and redesignated former subsec. (e) as (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 section 220502(c) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.

Effective Date of 2013 Amendment

Pub. L. 113–37, §4, Sept. 30, 2013, 127 Stat. 525, provided that:

"(a) Effective Date.—This Act [see Short Title of 2013 Amendment note set out under section 101 of this title] shall take effect on October 1, 2013, except that Section [sic] 2(a) [amending this section] shall take effect on September 30, 2013.

"(b) Ratification.—If this Act is not enacted on or before September 30, 2013, any actions undertaken by the Department of Veterans Affairs under the authorities extended by this Act during the period beginning on such date and ending on the date of the enactment of this Act [Sept. 30, 2013] shall be deemed ratified."

Findings and Purpose

Pub. L. 110–389, title VII, §701, Oct. 10, 2008, 122 Stat. 4180, provided that:

"(a) Findings.—Congress makes the following findings:

"(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 section 101 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations], which amended chapter 2205 of title 36, United States Code, and included a statement that the purpose of the Act was 'to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes'.

"(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) Purpose.—The purposes of this title [enacting this section, section 521A of this title, and provisions set out as notes under section 521A of this title] are as follows:

"(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) Establishment.—There is established in the Department an office to be known as the "Office of Accountability and Whistleblower Protection" (in this section referred to as the "Office").

(b) Head of Office.—(1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to section 308(a) of this title.

(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 section 308(b) of this title, the Secretary may only assign to the Assistant Secretary responsibilities relating to the functions of the Office set forth in subsection (c).

(c) Functions.—(1) The functions of the Office are as follows:

(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 section 713(d) of this title) in the Department;

(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 section 552a of title 5, or as required by any other applicable provision of Federal law.

(d) Staff and Resources.—The Secretary shall ensure that the Assistant Secretary has such staff, resources, and access to information as may be necessary to carry out the functions of the Office.

(e) Relation to Office of General Counsel.—The Office shall not be established as an element of the Office of the General Counsel and the Assistant Secretary may not report to the General Counsel.

(f) Reports.—(1)(A) Not later than June 30 of each calendar year, beginning with June 30, 2017, the Assistant Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the activities of the Office during the calendar year in which the report is submitted.

(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) Definitions.—In this section:

(1) The term "supervisory employee" means an employee of the Department who is a supervisor as defined in section 7103(a) of title 5.

(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 Pub. L. 115–41, title I, §101(a), June 23, 2017, 131 Stat. 863.)

§324. Cost of War Toxic Exposures Fund

(a) Establishment.—There is hereby established in the Treasury of the United States an account to be known as the "Cost of War Toxic Exposures Fund" (the "Fund"), to be administered by the Secretary.

(b) Deposits.—There shall be deposited in the Fund such amounts as may be appropriated to the Fund pursuant to subsection (c).

(c) Authorization of Appropriations.—There is authorized to be appropriated to the Fund for fiscal year 2023 and each subsequent fiscal year such sums as are necessary to increase funding, over the fiscal year 2021 level, for investment in—

(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 section 8104 of this title; and

(3) medical and other research relating to exposure to environmental hazards.

(d) Budget Scorekeeping.—(1) Immediately upon enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, expenses authorized to be appropriated to the Fund in subsection (c) shall be estimated for fiscal year 2023 and each subsequent fiscal year and treated as budget authority that is considered to be direct spending—

(A) in the baseline for purposes of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907);

(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 (2 U.S.C. 621 et seq.), including in the reports required by section 308(b) of such Act (2 U.S.C. 639); ¹ and

(D) for purposes of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.).

(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 (2 U.S.C. 621 et seq.) and any other Act.

(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 (2 U.S.C. 900 et seq.) and the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), the Fund shall be treated as if it were an account designated as "Appropriated Entitlements and Mandatories for Fiscal Year 1997" in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217.

(e) Estimates for Congressional Consideration.—The Secretary shall include in documents submitted to Congress in support of the President's budget submitted pursuant to section 1105 of title 31 detailed estimates of the sums described in subsection (c) for the applicable fiscal year.

(f) Procedures for Estimates.—The Secretary may, after consultation with the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, establish policies and procedures for developing the annual detailed estimates required by subsection (e).

(Added Pub. L. 117–168, title VIII, §805(a), Aug. 10, 2022, 136 Stat. 1804.)

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 Pub. L. 117–168, Aug. 10, 2022, 136 Stat. 1759, also known as the Honoring our PACT Act of 2022. For complete classification of this Act to the Code, see Short Title of 2022 Amendment note set out under section 101 of this title and Tables.

The Congressional Budget Act of 1974, referred to in subsec. (d)(1)(C), (3), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 298. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.

The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (d)(1)(D), is title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to chapter 20A (§931 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 931 of Title 2 and Tables.

The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (d)(2), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.

The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(3), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.

Statutory Notes and Related Subsidiaries

Authority To Use Appropriations To Enhance Claims Processing Capacity and Automation

Pub. L. 117–168, title VII, §701(a), Aug. 10, 2022, 136 Stat. 1794, provided that: "The Secretary of Veterans Affairs may use, from amounts appropriated to the Cost of War Toxic Exposures Fund established by section 324 of title 38, United States Code, as added by section 805 of this Act, such amounts as may be necessary to continue the modernization, development, and expansion of capabilities and capacity of information technology systems and infrastructure of the Veterans Benefits Administration, including for claims automation, to support expected increased claims processing for newly eligible veterans pursuant to this Act [see Short Title of 2022 Amendment note set out under section 101 of this title]."

¹ So in original. Probably should be "639(b));".

CHAPTER 5—AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I—GENERAL AUTHORITIES

        

SUBCHAPTER II—SPECIFIED FUNCTIONS

        

SUBCHAPTER III—ADVISORY COMMITTEES

        

Editorial Notes

Amendments

2022—Pub. L. 117–263, div. E, title LI, §5102(a), Dec. 23, 2022, 136 Stat. 3205, added item 548.

Pub. L. 117–137, §1(b), June 7, 2022, 136 Stat. 1255, added item 531 and struck out former item 531 "Requirement relating to naming of Department property".

2021—Pub. L. 116–315, title V, §5303(b), title VII, §7002(a)(2), Jan. 5, 2021, 134 Stat. 5041, 5057, added items 533 and 547.

2015—Pub. L. 114–58, title VI, §601(2), Sept. 30, 2015, 129 Stat. 538, which directed amendment of this analysis by striking item "521A" and adding item 521A, was executed by striking item 512A "Adaptive sports programs for disabled veterans and members of the Armed Forces" and adding item 521A, to reflect the probable intent of Congress.

2013—Pub. L. 113–59, §5(h)(2), Dec. 20, 2013, 127 Stat. 662, which directed amendment of this analysis by striking item 521A and adding item "512A", was executed by striking item 521A "Assistance for United States Olympic Committee" and adding item 512A in the position for item 521A, to reflect the probable intent of Congress.

Pub. L. 113–37, §2(b)(3), Sept. 30, 2013, 127 Stat. 524, added item 521A and struck out former item 521A "Assistance for United States Paralympics, Inc."

2012—Pub. L. 112–154, title VII, §§707(b), 709(b)(2), Aug. 6, 2012, 126 Stat. 1207, 1208, added item 517 and substituted "Authority to advertise in national media; VetStar Award Program" for "Authority to advertise in national media" in item 532.

2008—Pub. L. 110–389, title II, §214(b), title VII, §702(b), title VIII, §809(b), Oct. 10, 2008, 122 Stat. 4154, 4183, 4190, added items 521A, 532, and 546.

1998—Pub. L. 105–368, title IX, §906(b), title X, §1001(a)(2), Nov. 11, 1998, 112 Stat. 3362, 3363, added items 530 and 531.

1997—Pub. L. 105–114, title I, §101(a)(2), Nov. 21, 1997, 111 Stat. 2279, added item 516.

1996—Pub. L. 104–262, title III, §333(a)(2), Oct. 9, 1996, 110 Stat. 3200, added item 545.

1994—Pub. L. 103–446, title V, §510(b), Nov. 2, 1994, 108 Stat. 4670, added item 544.

1992—Pub. L. 102–405, title I, §105(b)(2), Oct. 9, 1992, 106 Stat. 1976, added item 543.

¹ So in original. Probably should be followed by a period.

SUBCHAPTER I—GENERAL AUTHORITIES

§501. Rules and regulations

(a) The Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws, including—

(1) regulations with respect to the nature and extent of proof and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws;

(2) the forms of application by claimants under such laws;

(3) the methods of making investigations and medical examinations; and

(4) the manner and form of adjudications and awards.

(b) Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the authority granted by this section or any other provision of this title shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is based. The citation to the authority shall appear immediately following each substantive provision of the issuance.

(c) In applying section 552(a)(1) of title 5 to the Department, the Secretary shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel.

(d) The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Secretary.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 386.)

Editorial Notes

Prior Provisions

Prior section 501 was renumbered section 1501 of this title.

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

§502. Judicial review of rules and regulations

An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 110–389, title I, §102, Oct. 10, 2008, 122 Stat. 4148.)

Editorial Notes

Prior Provisions

Prior section 502 was renumbered section 1502 of this title.

Provisions similar to those in this section were contained in section 223(c) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2008—Pub. L. 110–389 struck out "(other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title)" after "refers".

§503. Administrative error; equitable relief

(a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.

(b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.

(c) Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2024.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106–419, title IV, §403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–233, title IV, §403, June 15, 2006, 120 Stat. 411; Pub. L. 111–275, title VIII, §808, Oct. 13, 2010, 124 Stat. 2893; Pub. L. 113–175, title IV, §403, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §404, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, §404, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §404, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §164, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, §5402, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title II, §203, Sept. 30, 2022, 136 Stat. 2137.)

Editorial Notes

Prior Provisions

Prior sections 503 and 504 were renumbered sections 1503 and 1504 of this title, respectively.

Provisions similar to those in this section were contained in section 210(c)(2), (3) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2022—Subsec. (c). Pub. L. 117–180 substituted "December 31, 2024" for "December 31, 2022".

2020—Subsec. (c). Pub. L. 116–159 substituted "December 31, 2022" for "December 31, 2020".

2018—Subsec. (c). Pub. L. 115–251 substituted "December 31, 2020" for "December 31, 2018".

2017—Subsec. (c). Pub. L. 115–62 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (c). Pub. L. 114–228 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (c). Pub. L. 114–58 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (c). Pub. L. 113–175 substituted "December 31, 2015" for "December 31, 2014".

2010—Subsec. (c). Pub. L. 111–275 substituted "December 31, 2014" for "December 31, 2009".

2006—Subsec. (c). Pub. L. 109–233 substituted "December 31, 2009" for "December 31, 2004".

2000—Subsec. (c). Pub. L. 106–419 inserted at end "No report shall be required under this subsection after December 31, 2004."

§505. Opinions of Attorney General

The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 387.)

Editorial Notes

Prior Provisions

Prior sections 505 to 508 were renumbered sections 1505 to 1508 of this title, respectively.

Provisions similar to those in this section were contained in section 211(b) of this title prior to repeal by Pub. L. 102–83, §2(a).

§510. Authority to reorganize offices

(a) Except to the extent inconsistent with law, the Secretary may—

(1) consolidate, eliminate, abolish, or redistribute the functions of the Administrations, offices, facilities, or activities in the Department;

(2) create new Administrations, offices, facilities, or activities in the Department; and

(3) fix the functions of any such Administration, office, facility, or activity and the duties and powers of their respective executive heads.

(b) The Secretary may not in any fiscal year implement an administrative reorganization described in subsection (c) unless the Secretary first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the administrative reorganization. No action to carry out such reorganization may be taken after the submission of such report until the end of a 45-day period following the date of the submission of the report, not less than 30 days of which shall be days during which Congress shall have been in continuous session. For purposes of the preceding sentence, continuity of a session of Congress is broken only by adjournment sine die, and there shall be excluded from the computation of any period of continuity of session any day during which either House of Congress is not in session during an adjournment of more than three days to a day certain.

(c) An administrative reorganization described in this subsection is an administrative reorganization of a covered field office or facility that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such office or facility—

(1) by 15 percent or more; or

(2) by a percent which, when added to the percent reduction made in the number of such employees with permanent duty stations at such office or facility during the preceding fiscal year, is 25 percent or more.

(d)(1) Not less than 30 days before the date on which the implementation of any administrative reorganization described in paragraph (2) of a unit in the Central Office is to begin, the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a notification regarding the reorganization.

(2) Paragraph (1) applies to an administrative reorganization of any unit of the Central Office that is the duty station for 30 or more employees if the reorganization involves a reduction in any fiscal year in the number of full-time equivalent employees with permanent duty station in such unit by 50 percent or more.

(e) For purposes of this section, the term "administrative reorganization" does not include a consolidation or redistribution of functions at a covered field office or facility, or between components of the Veterans Benefits Administration and the Veterans Health Administration at a Department medical and regional office center, if after the consolidation or redistribution the same number of full-time equivalent employees continues to perform the affected functions at that field office, facility, or center.

(f) For purposes of this section:

(1) The term "covered field office or facility" means a Department office or facility outside the Central Office that is the permanent duty station for 25 or more employees or that is a free-standing outpatient clinic.

(2) The term "detailed plan and justification" means, with respect to an administrative reorganization, a written report that, at a minimum, includes the following:

(A) Specification of the number of employees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished.

(B) Identification of any existing or planned office or facility at which the number of employees is to be increased and specification of the number and responsibilities of the additional employees at each such office or facility.

(C) A description of the changes in the functions carried out at any existing office or facility and the functions to be assigned to an office or facility not in existence on the date that the plan and justification are submitted pursuant to subsection (b).

(D) An explanation of the reasons for the determination that the reorganization is appropriate and advisable in terms of the statutory missions and long-term goals of the Department.

(E) A description of the effects that the reorganization may have on the provision of benefits and services to veterans and dependents of veterans (including the provision of benefits and services through offices and facilities of the Department not directly affected by the reorganization).

(F) Estimates of the costs of the reorganization and of the cost impact of the reorganization, together with analyses supporting those estimates.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 387; amended Pub. L. 104–262, title III, §304, Oct. 9, 1996, 110 Stat. 3194.)

Editorial Notes

Prior Provisions

Prior section 510, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, provided monthly pension for persons who served in military or naval forces of Confederate States of America, prior to repeal by Pub. L. 94–169, title I, §101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.

Provisions similar to those in this section were contained in section 210(b)(1), (2) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

1996—Subsec. (b). Pub. L. 104–262 substituted "a 45-day period following the date of the submission of the report, not less than 30 days of which shall be days during which Congress shall have been in continuous session" for "a 90-day period of continuous session of Congress following the date of the submission of the report" in second sentence and "any period of continuity of session" for "such 90-day period" in third sentence.

Statutory Notes and Related Subsidiaries

Authority of Secretary of Veterans Affairs To Carry Out Specified Administrative Reorganization

Pub. L. 102–54, §12, June 13, 1991, 105 Stat. 273, provided that:

"(a) Authority for Administrative Reorganization.—The Secretary of Veterans Affairs may carry out the administrative reorganization described in subsection (b) without regard to section 210(b)(2) of title 38 [38 U.S.C. 510(b)–(f)], United States Code.

"(b) Specified Reorganization.—Subsection (a) applies to the organizational realignment of management responsibility for the Department of Veterans Affairs Data Processing Centers, together with the corresponding organizational realignment of associated Information Resources Management operational components and functions within the Department of Veterans Affairs central office, as such realignment was described in the detailed plan and justification submitted by the Secretary of Veterans Affairs in [sic] January 4, 1991, letters to the Chairmen of the Committees on Veterans' Affairs of the Senate and the House of Representatives."

Inapplicability of Restrictions

Pub. L. 101–312, June 25, 1990, 104 Stat. 271, provided: "That (a) the Secretary of Veterans Affairs may proceed with the administrative reorganization described in subsection (b) of this Act without regard to section 210(b) [see 303, 510, 711] of title 38, United States Code.

"(b) The administrative reorganization referred to in subsection (a) is the reorganization of the regional field offices of the Veterans Health Services and Research Administration of the Department of Veterans Affairs as that reorganization and related activity are described in (1) letters dated January 22, 1990, and the detailed plan and justification enclosed therewith, submitted by the Secretary to the Committees on Veterans' Affairs of the Senate and the House of Representatives pursuant to such section 210(b) [see 303, 510, 711], and (2) letters dated April 17, 1990, submitted in supplementation thereof by the Secretary to such Committees."

Section 15(b) of Pub. L. 100–527 provided that: "Section 210(b) [see 303, 510, 711] of title 38, United States Code (as amended by subsection (a)), shall not apply to a reorganization of a unit of the Central Office of the Department of Veterans' Affairs if the reorganization—

"(1) is necessary in order to carry out the provisions of or amendments made by this Act [see Tables for classification]; and

"(2) is initiated within 6 months after the effective date of this Act [Mar. 15, 1989]."

§511. Decisions of the Secretary; finality

(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.

(b) The second sentence of subsection (a) does not apply to—

(1) matters subject to section 502 of this title;

(2) matters covered by sections 1975 and 1984 of this title;

(3) matters arising under chapter 37 of this title; and

(4) matters covered by chapter 72 of this title.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 388.)

Editorial Notes

Prior Provisions

Prior section 511 was renumbered section 1511 of this title.

Provisions similar to those in this section were contained in section 211(a) of this title prior to repeal by Pub. L. 102–83, §2(a).

Court Rules

Federal Rules of Civil Procedure

Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.

§512. Delegation of authority; assignment of functions and duties

(a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers and employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary.

(b) There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 389.)

Editorial Notes

Prior Provisions

Prior section 512 was renumbered section 1512 of this title.

Provisions similar to those in this section were contained in section 212 of this title prior to repeal by Pub. L. 102–83, §2(a).

§513. Contracts and personal services

The Secretary may, for purposes of all laws administered by the Department, accept uncompensated services, and enter into contracts or agreements with private or public agencies or persons (including contracts for services of translators without regard to any other law), for such necessary services (including personal services) as the Secretary may consider practicable. The Secretary may also enter into contracts or agreements with private concerns or public agencies for the hiring of passenger motor vehicles or aircraft for official travel whenever, in the Secretary's judgment, such arrangements are in the interest of efficiency or economy.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 389.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 213 of this title prior to repeal by Pub. L. 102–83, §2(a).

§515. Administrative settlement of tort claims

(a)(1) Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States.

(2) For purposes of this subsection, the term "settle", with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.

(b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 389.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 224 and 236 of this title prior to repeal by Pub. L. 102–83, §2(a).

Statutory Notes and Related Subsidiaries

Department of Veterans Affairs Requirement To Provide Certain Notice to Persons Filing Claims for Damage, Injury, or Death on Standard Form 95

Pub. L. 116–315, title VII, §7010, Jan. 5, 2021, 134 Stat. 5061, provided that: "Not later than 90 days after the date on which a person submits to the Secretary of Veterans Affairs a claim for damage, injury, or death on Standard Form 95, or any successor form, the Secretary shall provide to such person notice of each of the following:

"(1) The benefit of obtaining legal advice concerning such claim.

"(2) The employment status of any individual listed on the form.

"(3) If the claim involves a contractor that entered into an agreement with the Secretary, the importance of obtaining legal advice as to the statute of limitations regarding the claim in the State in which the claim arose."

§516. Equal employment responsibilities

(a)(1) The Secretary shall provide that the employment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to ensure that the system is administered in an objective, fair, and effective manner and in a manner that is perceived by employees and other interested parties as being objective, fair, and effective.

(2) The Secretary shall ensure that the employment discrimination complaint resolution system established under paragraph (1) requires that any manager of the Department who receives a sexual or other harassment or employment discrimination complaint reports such complaint to the Office of Resolution Management, or successor office, immediately, or if such immediate reporting is impracticable, not later than two days after the date on which the manager receives the complaint.

(b) The Secretary shall provide—

(1) that employees responsible for counseling functions associated with employment discrimination and for receiving, investigating, and processing complaints of employment discrimination shall be supervised in those functions by, and report to, an Assistant Secretary or a Deputy Assistant Secretary, in accordance with subsection (h)(2), for complaint resolution management; and

(2) that employees performing employment discrimination complaint resolution functions at a facility of the Department shall not be subject to the authority, direction, and control of the Director of the facility with respect to those functions.

(c)(1) The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of this section and section 319 of this title.

(2)(A) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall provide to each employee of the Department mandatory annual training on identifying and addressing sexual and other harassment and employment discrimination, including with respect to processes under the Harassment Prevention Program of the Department, or such successor program.

(B) An employee of the Department who is hired on or after such date shall receive the first such mandatory annual training not later than 60 days after being hired.

(d) The Secretary shall, when appropriate, impose disciplinary measures, as authorized by law, in the case of employees of the Department who engage in unlawful employment discrimination, including retaliation against an employee asserting rights under an equal employment opportunity law.

(e)(1)(A) Not later than 45 days after the end of each calendar quarter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report summarizing the employment discrimination complaints filed against the individuals referred to in paragraph (2) during such quarter.

(B) Subparagraph (A) shall apply in the case of complaints filed against individuals on the basis of such individuals' personal conduct and shall not apply in the case of complaints filed solely on the basis of such individuals' positions as officials of the Department.

(2) Paragraph (1) applies to the following officers and employees of the Department:

(A) The Secretary.

(B) The Deputy Secretary of Veterans Affairs.

(C) The Under Secretary for Health and the Under Secretary for Benefits.

(D) Each Assistant Secretary of Veterans Affairs and each Deputy Assistant Secretary of Veterans Affairs.

(E) The Under Secretary of Veterans Affairs for Memorial Affairs.

(F) The General Counsel of the Department.

(G) The Chairman of the Board of Veterans' Appeals.

(H) The Chairman of the Board of Contract Appeals of the Department.

(I) The director and the chief of staff of each medical center of the Department.

(J) The director of each Veterans Integrated Services Network.

(K) The director of each regional office of the Department.

(L) Each program director of the Central Office of the Department.

(3) Each report under this subsection—

(A) may not disclose information which identifies the individuals filing, or the individuals who are the subject of, the complaints concerned or the facilities at which the discrimination identified in such complaints is alleged to have occurred;

(B) shall summarize such complaints by type and by equal employment opportunity field office area in which filed; and

(C) shall include copies of such complaints, with the information described in subparagraph (A) redacted.

(4) Not later than April 1 each year, the Assistant Secretary shall submit to the committees referred to in paragraph (1)(A) a report on the complaints covered by paragraph (1) during the preceding year, including the number of such complaints filed during that year and the status and resolution of the investigation of such complaints.

(f) The Secretary shall ensure that an employee of the Department who seeks counseling relating to employment discrimination may elect to receive such counseling from an employee of the Department who carries out equal employment opportunity counseling functions on a full-time basis rather than from an employee of the Department who carries out such functions on a part-time basis.

(g)(1)(A) Except as provided in paragraph (4), beginning on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 and ending on the date that is three years after the date of the enactment of such Act, the number of employees of the Department whose duties include equal employment opportunity counseling functions may not exceed 76 full-time equivalent employees.

(B) Except as provided in paragraph (4), beginning on the date that is three years after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the number of employees of the Department whose duties include equal employment opportunity counseling functions may not exceed 81 full-time equivalent employees.

(2) Except as provided in paragraph (4), of the 76 full-time equivalent employees set forth in paragraph (1), the number of employees of the Department whose duties include equal employment opportunity counseling functions as well as other unrelated functions may not exceed 40 full-time equivalent employees.

(3) Except as provided in paragraph (4), any employee described in paragraph (2) whose duties include equal employment opportunity counseling functions as well as other unrelated functions may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic locations.

(4)(A) Beginning on the date that is one year after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall promptly notify Congress if, at any point in time, the number of full-time equivalent employees of the Department specified in paragraph (1), whose duties include equal opportunity counseling functions, is insufficient for the Department to meet its required obligations under law.

(B) Notification under subparagraph (A) shall include—

(i) the specific legal obligations relating to employment discrimination, or other matters similar to those covered by regulations prescribed by the Equal Employment Opportunity Commission, that the Department is unable to meet; and

(ii) the total additional number of full-time equivalent employees of the Department that would be needed for the Department to meet such obligations.

(h)(1) The provisions of this section shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission.

(2) Beginning not later than 90 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, in carrying out paragraph (1), the Secretary shall ensure that the official of the Department who serves as the Equal Employment Opportunity Director of the Department—

(A) reports directly to the Deputy Secretary with respect to the functions under this section; and

(B) does not also serve in a position that has responsibility over personnel functions of the Department or other functions that conflict with the functions under this section.

(i) In accordance with subsection (b), not later than one year after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each Equal Employment Opportunity program manager of the Department at the facility level reports to the head of the Office of Resolution Management, or such successor office established pursuant to subsection (a), with respect to the equal employment functions of the program manager.

(Added Pub. L. 105–114, title I, §101(a)(1), Nov. 21, 1997, 111 Stat. 2278; amended Pub. L. 105–368, title IV, §403(d)(2), Nov. 11, 1998, 112 Stat. 3339; Pub. L. 108–170, title IV, §405(a), Dec. 6, 2003, 117 Stat. 2063; Pub. L. 117–76, §7(a), Dec. 21, 2021, 135 Stat. 1520; Pub. L. 117–328, div. U, title IV, §§402(a)–(d), 408(a)(1), Dec. 29, 2022, 136 Stat. 5484, 5485, 5495.)

Editorial Notes

References in Text

The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 and the date of the enactment of such Act, referred to in subsecs. (c)(2)(A), (g)(1), (4)(A), (h)(2), and (i), is the date of enactment of div. U of Pub. L. 117–328, which was approved Dec. 29, 2022.

Amendments

2022—Subsec. (a). Pub. L. 117–328, §402(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (b)(1). Pub. L. 117–328, §402(a)(2)(A), inserted ", in accordance with subsection (h)(2)," after "an Assistant Secretary or a Deputy Assistant Secretary".

Subsec. (c). Pub. L. 117–328, §402(d), designated existing provisions as par. (1) and added par. (2).

Subsec. (e)(1)(A). Pub. L. 117–328, §402(a)(2)(B), substituted "the Secretary" for "the Assistant Secretary for Human Resources and Administration".

Subsec. (g). Pub. L. 117–328, §408(a)(1)(B), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 117–328, §§402(a)(1), 408(a)(1)(A), redesignated subsec. (g) as (h), designated existing provisions as par. (1), and added par. (2).

Subsec. (i). Pub. L. 117–328, §402(b), added subsec. (i).

2021—Subsecs. (g), (h). Pub. L. 117–76 redesignated subsec. (h) as (g) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: "The number of employees of the Department whose duties include equal employment opportunity counseling functions as well as other, unrelated functions may not exceed 40 full-time equivalent employees. Any such employee may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic locations (as determined by the Secretary). The Secretary may waive the limitation in the preceding sentence in specific cases."

2003—Subsec. (e)(1)(A). Pub. L. 108–170 substituted "45 days" for "30 days".

1998—Subsec. (e)(2)(E). Pub. L. 105–368 substituted "Under Secretary of Veterans Affairs for Memorial Affairs" for "Director of the National Cemetery System".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–114, title I, §101(c), Nov. 21, 1997, 111 Stat. 2280, provided that: "Section 516 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997]. Subsection (e) of that section shall take effect with respect to the first quarter of calendar year 1998."

Harassment and Employment Discrimination Policies and Directives

Pub. L. 117–328, div. U, title IV, §402(e), Dec. 29, 2022, 136 Stat. 5485, provided that: "The Secretary of Veterans Affairs shall—

"(1) by not later than the date that is 180 days after the date of the enactment of this Act [Dec. 29, 2022], and on a regular basis thereafter, review the policies relating to sexual and other harassment and employment discrimination of the Department of Veterans Affairs to ensure that such policies are complete and in accordance with the sexual and other harassment and employment discrimination policies established by the Office of Resolution Management of the Department, or successor office; and

"(2) by not later than 180 days after the date of the enactment of this Act, issue a final directive and a handbook for the Harassment Prevention Program of the Department."

Semiannual Reports

Pub. L. 117–328, div. U, title IV, §402(f), Dec. 29, 2022, 136 Stat. 5485, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022], and semiannually thereafter for one year, the Secretary of Veterans Affairs 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 progress the Secretary has made in carrying out this section [amending this section and enacting provisions set out as a note above] and section 516 of title 38, United States Code, as amended by this section, including with respect to reporting sexual and other harassment and employment discrimination complaints pursuant to subsection (a)(2) of such section 516."

Annual Reports

Pub. L. 117–328, div. U, title IV, §408(c), Dec. 29, 2022, 136 Stat. 5497, provided that: "Not later than one year after the date of the enactment of this Act [Dec. 29, 2022] and once each year thereafter, the Secretary of Veterans Affairs shall make available to the public on an internet website of the Department an annual report that includes, for the year covered by the report, the following:

"(1) Total number of complaints filed through the employment discrimination complaint resolution system established and administered under subsection (a) of section 516 of title 38, United States Code.

"(2) Total number of such complaints completed processing by such system in a timely manner.

"(3) The percentage of all pre-complaint counseling provided under such section that led to resolution without further action.

"(4) The percentage of all pre-complaint counseling provided under such section that led to resolution via alternative dispute resolution.

"(5) The percentage of all pre-complaint counseling provided under such section that led to filing of a formal complaint via such system.

"(6) An accounting of the amounts, times, and quality of informal claims processed by employees of the Department whose duties include equal employment opportunity counseling under such section.

"(7) An estimate of the required ratio of Department employees whose duties include equal employment opportunity counseling functions relative to the number of full-time equivalent employees in the Department."

Reports on Implementation and Operation of Equal Employment Opportunity System

Pub. L. 105–114, title I, §101(b), Nov. 21, 1997, 111 Stat. 2279, required the Secretary of Veterans Affairs to submit to Congress reports on the implementation and operation of the equal employment opportunity system within the Department of Veterans Affairs setting forth detailed information for each equal employment opportunity field office of the Department, with the first report due not later than Apr. 1, 1998, and subsequent reports due not later than Jan. 1, 1999, and Jan. 1, 2000.

Assessment and Review of Employment Discrimination Complaint Resolution System

Pub. L. 105–114, title I, §103, Nov. 21, 1997, 111 Stat. 2281, provided that:

"(a) Agreement for Assessment and Review.—(1) The Secretary of Veterans Affairs shall seek to enter into an agreement with a qualified private entity under which agreement the entity shall carry out the assessment described in subsection (b) and the review described in subsection (c).

"(2) The Secretary shall include in the agreement provisions necessary to ensure that the entity carries out its responsibilities under the agreement (including the exercise of its judgments concerning the assessment and review) in a manner free of influence from any source, including the officials and employees of the Department of Veterans Affairs.

"(3) The Secretary may not enter into the agreement until 15 days after the date on which the Secretary notifies the Committees on Veterans' Affairs of the Senate and House of Representatives of the entity with which the Secretary proposes to enter into the agreement.

"(b) Initial Assessment of System.—(1) Under the agreement under subsection (a), the entity shall conduct an assessment of the employment discrimination complaint resolution system administered within the Department of Veterans Affairs, including the extent to which the system meets the objectives set forth in section 516(a) of title 38, United States Code, as added by section 101. The assessment shall include a comprehensive description of the system as of the time of the assessment.

"(2) Under the agreement, the entity shall submit the assessment to the committees referred to in subsection (a)(3) and to the Secretary not later than June 1, 1998.

"(c) Review of Administration of System.—(1) Under the agreement under subsection (a), the entity shall monitor and review the administration by the Secretary of the employment discrimination complaint resolution system administered within the Department.

"(2) Under the agreement, the entity shall submit to the committees referred to in subsection (a)(3) and to the Secretary a report on the results of the review under paragraph (1) not later than June 1, 1999. The report shall include an assessment of the administration of the system, including the extent to which the system meets the objectives referred to in subsection (b)(1), and the effectiveness of the following:

"(A) Programs to train and maintain a cadre of individuals who are competent to investigate claims relating to employment discrimination.

"(B) Programs to train and maintain a cadre of individuals who are competent to provide counseling to individuals who submit such claims.

"(C) Programs to provide education and training to Department employees regarding their rights and obligations under the equal employment opportunity laws.

"(D) Programs to oversee the administration of the system.

"(E) Programs to evaluate the effectiveness of the system in meeting its objectives.

"(F) Other programs, procedures, or activities of the Department relating to the equal employment opportunity laws, including any alternative dispute resolution procedures and informal dispute resolution and settlement procedures.

"(G) Any disciplinary measures imposed by the Secretary on employees determined to have violated the equal employment opportunity laws in preventing or deterring violations of such laws by other employees of the Department."

§517. Quarterly reports to Congress on conferences sponsored by the Department

(a) Quarterly Reports Required.—Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on covered conferences.

(b) Matters Included.—Each report under subsection (a) shall include the following:

(1) An accounting of the final costs to the Department of each covered conference occurring during the fiscal quarter preceding the date on which the report is submitted, including the costs related to—

(A) transportation and parking;

(B) per diem payments;

(C) lodging;

(D) rental of halls, auditoriums, or other spaces;

(E) rental of equipment;

(F) refreshments;

(G) entertainment;

(H) contractors; and

(I) brochures or other printed media.

(2) The total estimated costs to the Department for covered conferences occurring during the fiscal quarter in which the report is submitted.

(c) Covered Conference Defined.—In this section, the term "covered conference" means a conference, meeting, or other similar forum that is sponsored or co-sponsored by the Department and is—

(1) attended by 50 or more individuals, including one or more employees of the Department; or

(2) estimated to cost the Department at least $20,000.

(Added Pub. L. 112–154, title VII, §707(a), Aug. 6, 2012, 126 Stat.1206.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–154, title VII, §707(c), Aug. 6, 2012, 126 Stat. 1207, provided that: "Section 517 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2012, and shall apply with respect to the first quarter of fiscal year 2013 and each quarter thereafter."

SUBCHAPTER II—SPECIFIED FUNCTIONS

§521. Assistance to certain rehabilitation activities

(a) The Secretary may assist any organization named in or approved under section 5902 of this title in providing recreational activities which would further the rehabilitation of disabled veterans. Such assistance may be provided only if—

(1) the activities are available to disabled veterans on a national basis; and

(2) a significant percentage of the individuals participating in the activities are eligible for rehabilitative services under chapter 17 of this title.

(b) The Secretary may accept from any appropriate source contributions of funds and of other assistance to support the Secretary's provision of assistance for such activities.

(c)(1) Subject to paragraph (2), the Secretary may authorize the use, for purposes approved by the Secretary in connection with the activity involved, of the seal and other official symbols of the Department and the name "Department of Veterans Affairs" by—

(A) any organization which provides an activity described in subsection (a) with assistance from the Secretary; and

(B) any individual or entity from which the Secretary accepts a significant contribution under subsection (b) or an offer of such a contribution.

(2) The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary under this subsection only if—

(A) the Secretary has approved the advertisement; and

(B) the advertisement contains a clear statement that no product, project, or commercial line of endeavor referred to in the advertisement is endorsed by the Department of Veterans Affairs.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 390.)

Editorial Notes

Prior Provisions

Prior section 521 was renumbered section 1521 of this title.

Provisions similar to those in this section were contained in section 216 of this title prior to repeal by Pub. L. 102–83, §2(a).

§521A. Adaptive sports programs for disabled veterans and members of the Armed Forces

(a) Adaptive Sports Program.—(1) The Secretary may carry out a program under which the Secretary may make grants to eligible entities for planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and disabled members of the Armed Forces.

(2) For purposes of this section, an eligible entity is an entity with significant experience in managing a large-scale adaptive sports program.

(b) Oversight by Secretary.—As a condition of receiving a grant under this section, an eligible entity shall permit the Secretary to conduct such oversight of the use of grant funds as the Secretary determines is appropriate. An eligible entity that receives a grant under this section shall be responsible for the use of grant funds provided under this section.

(c) Application Requirement.—(1) Before the Secretary may award a grant to an eligible entity under this section, the eligible entity shall submit to the Secretary an application that describes the activities to be carried out with the grant, including information on specific measurable goals and objectives to be achieved using grant funds.

(2) The application shall include—

(A) a detailed description of—

(i) all partnerships referred to in paragraph (3) at the national and local levels that will be participating in such activities and the amount of grant funds that the eligible entity proposes to make available for each of such partnerships;

(ii) the anticipated personnel, travel, and administrative costs that will be paid for by the eligible entity using grant funds;

(iii) the financial controls implemented by the eligible entity, including methods to track expenditures of grant funds;

(iv) the performance metrics to be used by the eligible entity to evaluate the effectiveness of the activities to be carried out using grant funds; and

(v) the anticipated personnel, travel, and administrative costs that will be paid for by grantees under this subsection using grant funds; and

(B) for any fiscal year for which a grant is sought, the amount of private donations received by the eligible entity expected to be expended to support operations during that fiscal year.

(3) Partnerships referred to in this paragraph are agreements between the eligible entity and organizations with significant experience in the training and support of disabled athletes and the promotion of disabled sports at the local and national levels. Such organizations may include Disabled Sports USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and funding to be provided by the eligible entity to the partner.

(d) Use of Funds.—(1) An eligible entity that receives a grant under this section, with the assistance and cooperation of the Secretary and the heads of other appropriate Federal and State departments and agencies and partnerships referred to in subsection (c)(3), shall use the grant to reimburse grantees with which the eligible entity has entered into a partnership under subsection (c) for the direct costs of recruiting, supporting, equipping, encouraging, scheduling, facilitating, supervising, and implementing the participation of disabled veterans and disabled members of the Armed Forces in the activities described in paragraph (3) by supporting a program described in paragraph (2).

(2) A program described in this paragraph is a sports program that—

(A) promotes basic physical activity, games, recreation, training, and competition;

(B) is approved by the Secretary; and

(C)(i) provides services and activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces; and

(ii) may also provide services and activities described in paragraph (3) for individuals with disabilities who are not veterans or members of the Armed Forces, or both; except that funds made available to carry out this section may not be used to support those individuals with disabilities who are not veterans or members of the Armed Forces.

(3) Activities described in this paragraph are—

(A) instruction, participation, and competition in Paralympic sports;

(B) training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; and

(C) coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program.

(4)(A) At the discretion of the Secretary, an eligible entity that receives a grant under this section may use a portion of the grant for the administrative expenses and personnel expenses of the eligible entity. The amount that may be used for such expenses may not exceed—

(i) in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2014, 10 percent of the total amount of the grant;

(ii) in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2015, 7.5 percent of the total amount of the grant; and

(iii) in the case of a grant made for adaptive sports opportunities taking place during any subsequent fiscal year, 5 percent of the total amount of the grant.

(B) For purposes of this paragraph, personnel expenses include any costs associated with an employee of the eligible entity other than reimbursement for time spent by such an employee directly providing coaching or training for disabled veterans or members of the Armed Forces.

(5) Funds made available by an eligible entity that receives a grant under this section to a grantee under subsection (c) may include an amount for administrative expenses, but not to exceed ten percent of the amount of such funds.

(e) Outreach Requirement.—As a condition of receiving a grant under this section, an eligible entity shall agree to conduct a joint outreach campaign with the Secretary of Veterans Affairs to inform all eligible veterans and separating members of the Armed Forces with physical disabilities about the existence of the adapted sports opportunities funded by the grant, as appropriate, and shall provide for, facilitate, and encourage participation of such veterans and separating members of the Armed Forces in programs under this section to the extent possible.

(f) Coordination.—The Secretary shall ensure access to and use of appropriate Department sports, recreation, and fitness facilities by disabled veterans and disabled members of the Armed Forces participating in adapted sports opportunities funded under this section to the maximum extent possible. The Secretary shall ensure that such access does not adversely affect any other assistance provided to veterans.

(g) Authorization of Appropriations.—(1) There is authorized to be appropriated amounts as follows:

(A) $8,000,000 for each of fiscal years 2010 through 2020.

(B) $16,000,000 for each of fiscal years 2021 through 2026.

(2) Amounts appropriated pursuant to this subsection shall remain available without fiscal year limitation.

(h) Separate Accounting.—The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section. Funds appropriated to carry out this section shall not be commingled with any other funds appropriated to the Department.

(i) Limitation on Use of Funds.—Except as provided in paragraphs (4) and (5) of subsection (d), funds appropriated to carry out this section may not be used to support or provide services to individuals who are not disabled veterans or disabled members of the Armed Forces.

(j) Annual Report to Secretary.—(1) As a condition of receiving a grant under this section, an eligible entity shall agree that by not later than 60 days after the last day of a fiscal year for which a grant is provided under this section, the eligible entity shall submit to the Secretary a report setting forth in detail the use of the grant funds during that fiscal year, including the number of veterans who participated in the adapted sports opportunities funded by the grant, including any programs carried out through a partnership under subsection (c)(3), and the administrative expenses of such opportunities and programs.

(2) A report under this subsection may be audited by the Secretary.

(3) If an eligible entity that receives a grant under this section for any fiscal year does not submit the report required by paragraph (1) for such fiscal year, the entity shall not be eligible to receive a grant under this section for the subsequent fiscal year.

(k) Annual Report to Congress.—For any fiscal year during which the Secretary provides assistance under this section, the Secretary shall submit to Congress a report on the use of funds provided under this section.

(l) Termination.—The Secretary may only provide assistance under this section for adaptive sports opportunities occurring during fiscal years 2010 through 2026.

(Added Pub. L. 110–389, title VII, §702(a), Oct. 10, 2008, 122 Stat. 4181; amended Pub. L. 113–37, §2(b)(1), (2), Sept. 30, 2013, 127 Stat. 523; Pub. L. 113–59, §5(a)–(e), (g), (h)(1), Dec. 20, 2013, 127 Stat. 659–662; Pub. L. 114–58, title IV, §405, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, §405, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §405, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §165, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, §5403, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title IV, §402, Sept. 30, 2022, 136 Stat. 2139.)

Editorial Notes

Amendments

2022—Subsec. (g)(1)(A). Pub. L. 117–180, §402(c), struck out ". for each of fiscal years 2010 through 2020" before period at end.

Subsec. (g)(1)(B). Pub. L. 117–180, §402(a), substituted "through 2026" for "and 2022".

Subsec. (l). Pub. L. 117–180, §402(b), substituted "2026" for "2022".

2020—Subsec. (g)(1). Pub. L. 116–159, §5403(a), substituted "appropriated amounts as follows:" for "appropriated $8,000,000", inserted "(A) $8,000,000 for each of fiscal years 2010 through 2020." before "for each of fiscal years 2010 through 2020.", and added subpar. (B).

Subsec. (l). Pub. L. 116–159, §5403(b), substituted "2022" for "2020".

2018—Subsecs. (g)(1), (l). Pub. L. 115–251 substituted "2020" for "2019".

2017—Subsecs. (g)(1), (l). Pub. L. 115–62 substituted "2019" for "2017".

2016—Subsecs. (g)(1), (l). Pub. L. 114–228 substituted "2017" for "2016".

2015—Subsec. (g)(1). Pub. L. 114–58 substituted "2016" for "2015".

2013—Pub. L. 113–59, §5(h)(1), substituted "Adaptive sports programs for disabled veterans and members of the Armed Forces" for "Assistance for United States Paralympics, Inc." in section catchline.

Pub. L. 113–37, §2(b)(2)(A), substituted "United States Olympic Committee" for "United States Paralympics, Inc.," wherever appearing except in subsec. (d)(4).

Subsec. (a). Pub. L. 113–59, §5(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary may award grants to the United States Olympic Committee to plan, develop, manage, and implement an integrated adaptive sports program for disabled veterans and disabled members of the Armed Forces."

Subsec. (b). Pub. L. 113–59, §5(g)(1), substituted "an eligible entity" for "the United States Olympic Committee" and "An eligible entity that receives a grant under this section" for "The United States Olympic Committee".

Subsec. (c)(1). Pub. L. 113–59, §5(g)(2)(A), substituted "to an eligible entity" for "to the United States Olympic Committee" and "the eligible entity shall submit" for "the United States Olympic Committee shall submit".

Subsec. (c)(2)(A). Pub. L. 113–59, §5(b), substituted "of—" for "of all partnerships referred to in paragraph (3) at the national and local levels that will be participating in such activities and the amount of grant funds that the United States Olympic Committee proposes to make available for each of such partnerships; and" and added cls. (i) to (v).

Subsec. (c)(2)(B), (3). Pub. L. 113–59, §5(g)(2)(B), substituted "the eligible entity" for "the United States Olympic Committee" wherever appearing.

Subsec. (d)(1). Pub. L. 113–59, §5(g)(3)(A), substituted "An eligible entity that receives a grant under this section," for "The United States Olympic Committee", "shall use the grant" for "shall use a grant under this section", and "the eligible entity" for "the United States Olympic Committee".

Subsec. (d)(4). Pub. L. 113–59, §5(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "A grant made under this section may include, at the discretion of the Secretary, an amount for the administrative expenses of the United States Olympic Committee, but not to exceed five percent of the amount of the grant."

Pub. L. 113–37, §2(b)(2)(B), substituted "United States Olympic Committee" for "United States Paralympics, Inc."

Subsec. (d)(5). Pub. L. 113–59, §5(g)(3)(B), substituted "an eligible entity that receives a grant under this section" for "the United States Olympic Committee".

Subsec. (e). Pub. L. 113–59, §5(g)(4), substituted "an eligible entity" for "the United States Olympic Committee" and "the adapted sports opportunities funded by the grant" for "the integrated adaptive sports program".

Subsec. (f). Pub. L. 113–59, §5(g)(5), substituted "adapted sports opportunities funded under this section" for "the integrated adaptive sports program".

Subsec. (g). Pub. L. 113–59, §5(d), designated existing provisions as par. (1), substituted "through 2015." for "through 2013 and $2,000,000 for the period beginning October 1, 2013, and ending December 31, 2013 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available without fiscal year limitation.", and added par. (2).

Pub. L. 113–37, §2(b)(1)(A), inserted "and $2,000,000 for the period beginning October 1, 2013, and ending December 31, 2013" after "2010 through 2013".

Subsec. (j)(1). Pub. L. 113–59, §5(g)(6)(A), substituted "an eligible entity shall agree" for "the United States Olympic Committee shall agree", "the eligible entity shall submit" for "the United States Olympic Committee shall submit", "in the adapted sports opportunities funded by the grant," for "in the integrated adaptive sports program,", and "of such opportunities and programs." for "of the integrated adaptive sports program."

Subsec. (j)(3). Pub. L. 113–59, §5(g)(6)(B), added par. (3) and struck out former par. (3) which read as follows: "For any fiscal year after fiscal year 2010, the eligibility of the United States Olympic Committee to receive a grant under this section shall be contingent upon the submission of the report under paragraph (1) for the preceding fiscal year."

Subsec. (l). Pub. L. 113–59, §5(e), substituted "may only provide assistance under this section for adaptive sports opportunities occurring during fiscal years 2010 through 2016" for "may not provide assistance under this section after December 31, 2013".

Pub. L. 113–37, §2(b)(1)(B), substituted "The Secretary may not provide assistance under this section after December 31, 2013." for "The Secretary may only provide assistance under this section during fiscal years 2010 through 2013."

Subsec. (m). Pub. L. 113–59, §5(g)(7), struck out subsec. (m) which provided for applicability of this section and section 322 of this title to commonwealths and territories of the United States.

Subsec. (m). Pub. L. 113–37, §2(b)(2)(C), added subsec. (m).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.

Regulations

Pub. L. 113–59, §5(i), Dec. 20, 2013, 127 Stat. 662, provided that: "To ensure the uninterrupted provision of adaptive sports for disabled veterans and disabled members of the Armed Forces, any regulations that the Secretary of Veterans Affairs determines are necessary to implement the amendments made by this section [amending this section] may be promulgated by interim final rules to ensure the award of grants under section 521A of title 38, United States Code, as amended by this section, before the end of fiscal year 2014."

Deadline for Memorandum of Understanding

Pub. L. 110–389, title VII, §702(c), Oct. 10, 2008, 122 Stat. 4183, provided that: "The Secretary of Veterans Affairs may not award a grant under section 521A of title 38, United States Code, as added by subsection (a), until the United States Paralympics, Inc., and the Secretary have entered into a memorandum of understanding or cooperative agreement regarding implementation of the integrated adaptive sports program under that section. To the extent feasible, such memorandum or agreement shall be concluded not later than 240 days after the date of the enactment of this Act [Oct. 10, 2008]."

Assistance at Sporting Events

Pub. L. 110–389, title VII, §703(c), Oct. 10, 2008, 122 Stat. 4185, provided that: "The Secretary of Veterans Affairs shall direct the Under Secretary for Health of the Department of Veterans Affairs—

"(1) to make available, to the extent determined appropriate by the Secretary, recreational therapists, physical therapists, and other medical staff to facilitate participation of veterans in sporting events conducted under the auspices of the United States Paralympics, Inc.; and

"(2) to allow such personnel to provide support to the programs of the United States Paralympics, Inc., without requiring the use of personal leave."

§522. Studies of rehabilitation of disabled persons

(a) The Secretary may conduct studies and investigations, and prepare reports, relative to the rehabilitation of disabled persons, the relative abilities, aptitudes, and capacities of the several groups of the variously handicapped, and how their potentialities can best be developed and their services best used in gainful and suitable employment including the rehabilitation programs of foreign nations.

(b) In carrying out this section, the Secretary (1) may cooperate with such public and private agencies as the Secretary considers advisable; and (2) may employ consultants who shall receive a reasonable per diem, as prescribed by the Secretary, for each day actually employed, plus necessary travel and other expenses.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 390.)

Editorial Notes

Prior Provisions

Prior section 522 was renumbered section 1522 of this title.

Provisions similar to those in this section were contained in section 217 of this title prior to repeal by Pub. L. 102–83, §2(a).

§523. Coordination and promotion of other programs affecting veterans and their dependents

(a) The Secretary shall seek to achieve (1) the maximum feasible effectiveness, coordination, and interrelationship of services among all programs and activities affecting veterans and their dependents carried out by and under all other departments, agencies, and instrumentalities of the executive branch, and (2) the maximum feasible coordination of such programs with programs carried out under this title. The Secretary shall actively promote the effective implementation, enforcement, and application of all provisions of law and regulations providing for special consideration, emphasis, or preference for veterans.

(b) The Secretary shall seek to achieve the effective coordination of the provision, under laws administered by the Department, of benefits and services (and information about such benefits and services) with appropriate programs (and information about such programs) conducted by State and local governmental agencies and by private entities at the State and local level. In carrying out this subsection, the Secretary shall place special emphasis on veterans who are 65 years of age or older.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 390.)

Editorial Notes

Prior Provisions

Prior sections 523 and 524 were renumbered sections 1523 and 1524 of this title, respectively.

Provisions similar to those in this section were contained in section 220 of this title prior to repeal by Pub. L. 102–83, §2(a).

Statutory Notes and Related Subsidiaries

Pilot Program on Use of Community-Based Organizations and Local and State Government Entities To Ensure That Veterans Receive Care and Benefits for Which They Are Eligible

Pub. L. 111–163, title V, §506, May 5, 2010, 124 Stat. 1160, as amended by Pub. L. 114–228, title I, §108, Sept. 29, 2016, 130 Stat. 938, provided that:

"(a) Pilot Program Required.—The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of using community-based organizations and local and State government entities—

"(1) to increase the coordination of community, local, State, and Federal providers of health care and benefits for veterans to assist veterans who are transitioning from military service to civilian life in such transition;

"(2) to increase the availability of high quality medical and mental health services to veterans transitioning from military service to civilian life;

"(3) to provide assistance to families of veterans who are transitioning from military service to civilian life to help such families adjust to such transition; and

"(4) to provide outreach to veterans and their families to inform them about the availability of benefits and connect them with appropriate care and benefit programs.

"(b) Duration of Program.—The pilot program shall be carried out during the 2-year period beginning on the date that is 180 days after the date of the enactment of this Act [May 5, 2010].

"(c) Program Locations.—

"(1) In general.—The pilot program shall be carried out at five locations selected by the Secretary for purposes of the pilot program.

"(2) Considerations.—In selecting locations for the pilot program, the Secretary shall consider the advisability of selecting locations in—

"(A) rural areas;

"(B) areas with populations that have a high proportion of minority group representation;

"(C) areas with populations that have a high proportion of individuals who have limited access to health care; and

"(D) areas that are not in close proximity to an active duty military installation.

"(d) Grants.—The Secretary shall carry out the pilot program through the award of grants to community-based organizations and local and State government entities.

"(e) Selection of Grant Recipients.—

"(1) In general.—A community-based organization or local or State government entity seeking a grant under the pilot program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate.

"(2) Elements.—Each application submitted under paragraph (1) shall include the following:

"(A) A description of the consultations, if any, with the Department of Veterans Affairs in the development of the proposal under the application.

"(B) A plan to coordinate activities under the pilot program, to the greatest extent possible, with the local, State, and Federal providers of services for veterans to reduce duplication of services and to enhance the effect of such services.

"(f) Use of Grant Funds.—The Secretary shall prescribe appropriate uses of grant funds received under the pilot program.

"(g) Report on Program.—

"(1) In general.—Not later than September 30, 2017, the Secretary shall submit to Congress a report on the pilot program.

"(2) Elements.—The report required by paragraph (1) shall include the following:

"(A) The findings and conclusions of the Secretary with respect to the pilot program.

"(B) An assessment of the benefits to veterans of the pilot program.

"(C) The recommendations of the Secretary as to the advisability of continuing the pilot program."

§525. Publication of laws relating to veterans

(a) The Secretary may compile and publish all Federal laws relating to veterans' relief, including laws administered by the Department as well as by other agencies of the Government. Such compilation and publication shall be in such form as the Secretary considers advisable for the purpose of making currently available in convenient form for the use of the Department and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans' relief.

(b) The Secretary may maintain such compilation on a current basis either by the publication, from time to time, of supplementary documents or by complete revision of the compilation.

(c) The distribution of the compilation to the representatives of the several service organizations shall be as determined by the Secretary.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 391.)

Editorial Notes

Prior Provisions

Prior section 525 was renumbered section 1525 of this title.

Provisions similar to those in this section were contained in section 215 of this title prior to repeal by Pub. L. 102–83, §2(a).

§527. Evaluation and data collection

(a) The Secretary, pursuant to general standards which the Secretary shall prescribe in regulations, shall measure and evaluate on a continuing basis the effect of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their effect on related programs, and their structure and mechanisms for delivery of services. Such information as the Secretary may consider necessary for purposes of such evaluations shall be made available to the Secretary, upon request, by all departments, agencies, and instrumentalities of the executive branch.

(b) In carrying out this section, the Secretary shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title.

(c) The Secretary shall make available to the public, and on a regular basis provide to the appropriate committees of the Congress, copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 391.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 219 of this title prior to repeal by Pub. L. 102–83, §2(a).

Statutory Notes and Related Subsidiaries

Analysis and Report on Treatment of Veterans for Medical Conditions Related to Toxic Exposure

Pub. L. 117–168, title V, §502, Aug. 10, 2022, 136 Stat. 1786, provided that:

"(a) In General.—The Secretary of Veterans Affairs shall analyze, on a continuous basis, all clinical data that—

"(1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and

"(2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and a toxic exposure.

"(b) Annual Report.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], and annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the following:

"(1) The aggregate data compiled under subsection (a).

"(2) An analysis of such data.

"(3) A description of the types and incidences of medical conditions identified by the Department under such subsection.

"(4) The explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable.

"(5) The views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and toxic exposures.

"(c) Toxic Exposure Defined.—In this section, the term 'toxic exposure' has the meaning given such term in section 101 of title 38, United States Code, as amended by section 102(b)."

Department of Veterans Affairs Public Website for Toxic Exposure Research

Pub. L. 117–168, title V, §509, Aug. 10, 2022, 136 Stat. 1791, provided that:

"(a) Website.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], the Secretary of Veterans Affairs shall establish, and maintain thereafter, a publicly accessible internet website of the Department of Veterans Affairs that serves as a clearinghouse for the publication of all toxic exposure research carried out or funded by the executive branch of the Federal Government.

"(b) Coordination.—In carrying out subsection (a), the Secretary shall coordinate with—

"(1) the heads of each Federal agency carrying out or funding toxic exposure research;

"(2) the War Related Illness and Injury Study Center of the Department of Veterans Affairs, or successor center; and

"(3) any working group of the Department of Veterans Affairs or other similar entity responsible for coordinating toxic exposure research.

"(c) Definitions.—In this section:

"(1) Toxic exposure.—The term 'toxic exposure' has the meaning given that term in section 101 of title 38, United States Code, as added by section 102(b).

"(2) Toxic exposure research.—The term 'toxic exposure research' means research on the health consequences of toxic exposures experienced during service in the Armed Forces."

Burn Pit Transparency

Pub. L. 117–168, title VIII, §808, Aug. 10, 2022, 136 Stat. 1806, provided that:

"(a) Annual Report on Disability Claims.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act, [Aug. 10, 2022] and annually thereafter, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report detailing the following:

"(A) The total number of covered veterans.

"(B) The total number of claimed issues for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and a breakdown of the reasons for the denials.

"(C) A comprehensive list of the top 10 conditions from each body system for which the Secretary awarded service connection for covered veterans.

"(D) Any updates or trends with respect to the information described in subparagraphs (A), (B), and (C), that the Secretary determines appropriate.

"(2) Covered veteran defined.—In this subsection, the term 'covered veteran' means a veteran who deployed to the Southwest Asia theater of operations any time after August 1990, or Afghanistan, Syria, Djibouti, or Uzbekistan after September 19, 2001, and who submits a claim for disability compensation under chapter 11 of title 38, United States Code.

"(b) Information Regarding the Airborne Hazards and Open Burn Pit Registry.—

"(1) Notice.—The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the Airborne Hazards and Open Burn Pit Registry if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits.

"(2) Display.—In making information public regarding the number of participants in the Airborne Hazards and Open Burn Pit Registry, the Secretary shall display such numbers by both State and by congressional district.

"(c) Definitions.—In this section:

"(1) Airborne hazards and open burn pit registry.—The term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate; and

"(B) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives.

"(3) Open burn pit.—The term 'open burn pit' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note)."

Requirement for Collection and Analysis of Data on Department of Veterans Affairs Benefits and Services and Disaggregation of Such Data by Gender, Race, and Ethnicity

Pub. L. 116–315, title V, §5401, Jan. 5, 2021, 134 Stat. 5045, provided that: "The Secretary of Veterans Affairs shall—

"(1) collect and analyze data on each program of the Department of Veterans Affairs that provides a service or benefit to a veteran, including the program carried out under section 1144 of title 10, United States Code;

"(2) disaggregate such data by gender, race, and ethnicity, when the data lends itself to such disaggregation; and

"(3) publish the data collected and analyzed under paragraph (1), except for such cases in which the Secretary determines that some portions of the data would undermine the anonymity of a veteran."

Addition of Burn Pit Registration and Other Information to Electronic Health Records of Members of the Armed Forces

Pub. L. 116–283, div. A, title VII, §720, Jan. 1, 2021, 134 Stat. 3697, provided that:

"(a) Updates to Electronic Health Records.—Beginning not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall ensure that—

"(1) the electronic health record maintained by the Secretary for a member of the Armed Forces registered with the Airborne Hazards and Open Burn Pit Registry is updated with any information contained in such registry with respect to the member; and

"(2) any occupational or environmental health exposure recorded in the Defense Occupational and Environmental Health Readiness System (or any successor system) is linked to the electronic health record system of the Department of Defense to notify health professionals treating a member specified in paragraph (1) of any such exposure recorded for the member.

"(b) Airborne Hazards and Open Burn Pit Registry Defined.—In this section, the term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note)."

Health Assessments of Veterans Diagnosed With Pandemic Diseases To Determine Exposure to Open Burn Pits and Toxic Airborne Chemicals

Pub. L. 116–283, div. A, title VII, §735, Jan. 1, 2021, 134 Stat. 3703, provided that:

"(a) Exposure to Open Burn Pits and Toxic Airborne Chemicals or Other Airborne Contaminants as Part of Health Assessments for Veterans During a Pandemic and Inclusion of Information in Registry.—

"(1) Health assessments and physical examinations.—The Secretary of Veterans Affairs shall ensure that the first health assessment or physical examination furnished to a veteran under the laws administered by the Secretary after the veteran tests positive for a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) includes an evaluation of whether the veteran has been—

"(A) based or stationed at a location where an open burn pit was used; or

"(B) exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces, including an evaluation of any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.

"(2) Inclusion of individuals in registry.—If an evaluation conducted under paragraph (1) with respect to a veteran establishes that the veteran was based or stationed at a location where an open burn pit was used, or that the individual was exposed to toxic airborne chemicals or other airborne contaminants, the individual shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the veteran elects to not enroll in such registry.

"(3) Rule of construction.—Nothing in this subsection may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the history of exposure of the veteran to an open burn pit not being recorded in an evaluation conducted under paragraph (1).

"(b) Study on Impact of Viral Pandemics on Members of Armed Forces and Veterans Who Have Experienced Toxic Exposure.—

"(1) In general.—The Secretary of Veterans Affairs shall conduct a study, through the Airborne Hazards and Burn Pits Center of Excellence (in this subsection referred to as the 'Center'), on the health impacts of infection with a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), including a coronavirus, to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures for the purposes of understanding the health impacts of the pathogen and whether individuals infected with the pathogen are at increased risk of severe symptoms due to previous conditions linked to toxic exposure.

"(2) Preparation for future pandemic.—The Secretary, through the Center, shall analyze potential lessons learned through the study conducted under paragraph (1) to assist in preparing the Department of Veterans Affairs for potential future pandemics.

"(c) Definitions.—In this subsection [probably should be "section"]:

"(1) The term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

"(2) The term 'coronavirus' has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123 [134 Stat. 155]).

"(3) The term 'open burn pit' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note)."

Access of Veterans to Individual Longitudinal Exposure Record

Pub. L. 116–283, div. H, title XCI, §9105, Jan. 1, 2021, 134 Stat. 4783, provided that: "The Secretary of Veterans Affairs shall provide to a veteran read-only access to the documents of the veteran contained in the Individual Longitudinal Exposure Record in a printable format through a portal accessible through an internet website of the Department of Veterans Affairs."

Access to Information in Burn Pit Registry

Pub. L. 116–92, div. A, title VII, §705(c), Dec. 20, 2019, 133 Stat. 1440, provided that:

"(1) In general.—The Secretary of Defense shall ensure that all medical personnel of the Department of Defense have access to the information contained in the burn pit registry.

"(2) Burn pit registry defined.—In this subsection, the term 'burn pit registry' means the registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note)."

Education Campaign for Airborne Hazards and Open Burn Pit Registry

Pub. L. 115–232, div. A, title X, §1050, Aug. 13, 2018, 132 Stat. 1962, provided that:

"(a) Education Campaign.—Beginning not later than one year after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.

"(b) Airborne Hazards and Open Burn Pit Registry Defined.—In this section, the term 'Airborne Hazards and Open Burn Pit Registry' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) [set out below]."

Coordination by Veterans Health Administration of Efforts To Understand Effects of Burn Pits

Pub. L. 115–91, div. A, title VII, §738, Dec. 12, 2017, 131 Stat. 1446, provided that: "The Under Secretary for Health of the Department of Veterans Affairs, acting through the Office of Public Health of the Veterans Health Administration, shall coordinate efforts related to furthering understanding of burn pits, the effect of burn pits on veterans, and effective treatments relating to such effects, including with respect to research efforts and training of clinical staff on related matters."

Submittal of Information to Secretary of Veterans Affairs Relating to Exposure to Airborne Hazards and Open Burn Pits

Pub. L. 114–92, div. A, title VII, §728, Nov. 25, 2015, 129 Stat. 873, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], and periodically thereafter, the Secretary of Defense shall submit to the Secretary of Veterans Affairs such information in the possession of the Secretary of Defense as the Secretary of Veterans Affairs considers necessary to supplement and support—

"(1) the development of information to be included in the Airborne Hazards and Open Burn Pit Registry established by the Department of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note); and

"(2) research and development activities conducted by the Department of Veterans Affairs to explore the potential health risks of exposure by members of the Armed Forces to environmental factors in Iraq and Afghanistan, in particular the connection of such exposure to respiratory illnesses such as chronic cough, chronic obstructive pulmonary disease, constrictive bronchiolitis, and pulmonary fibrosis.

"(b) Inclusion of Certain Information.—The Secretary of Defense shall include in the information submitted to the Secretary of Veterans Affairs under subsection (a) information on any research and surveillance efforts conducted by the Department of Defense to evaluate the incidence and prevalence of respiratory illnesses among members of the Armed Forces who were exposed to open burn pits while deployed overseas."

Establishment of Open Burn Pit Registry

Pub. L. 112–260, title II, §201, Jan. 10, 2013, 126 Stat. 2422, as amended by Pub. L. 116–315, title II, §2010(g), Jan. 5, 2021, 134 Stat. 4979; Pub. L. 117–81, div. F, title LXVI, §6602, Dec. 27, 2021, 135 Stat. 2438, provided that:

"(a) Establishment of Registry.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Jan. 10, 2013], the Secretary of Veterans Affairs shall—

"(A) establish and maintain an open burn pit registry for eligible individuals who may have been exposed to toxic airborne chemicals and fumes caused by open burn pits;

"(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to toxic airborne chemicals and fumes caused by open burn pits;

"(C) develop a public information campaign to inform eligible individuals about the open burn pit registry, including how to register and the benefits of registering; and

"(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to toxic airborne chemicals and fumes caused by open burn pits.

"(2) Coordination.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).

"(b) Report to Congress.—

"(1) Reports by independent scientific organization.—The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare reports as follows:

"(A) Not later than two years after the date on which the registry under subsection (a) is established, an initial report containing the following:

"(i) An assessment of the effectiveness of actions taken by the Secretaries to collect and maintain information on the health effects of exposure to toxic airborne chemicals and fumes caused by open burn pits.

"(ii) Recommendations to improve the collection and maintenance of such information.

"(iii) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to conditions that are likely to result from exposure to open burn pits.

"(B) Not later than five years after completing the initial report described in subparagraph (A), a follow-up report containing the following:

"(i) An update to the initial report described in subparagraph (A).

"(ii) An assessment of whether and to what degree the content of the registry established under subsection (a) is current and scientifically up-to-date.

"(2) Submittal to congress.—

"(A) Initial report.—Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress the initial report prepared under paragraph (1)(A).

"(B) Follow-up report.—Not later than five years after submitting the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to Congress the follow-up report prepared under paragraph (1)(B).

"(c) Definitions.—In this section:

"(1) Eligible individual.—The term 'eligible individual' means any individual who, on or after September 11, 2001—

"(A) was deployed in support of a contingency operation while serving in the Armed Forces; and

"(B) during such deployment, was based or stationed at a location where an open burn pit was used.

"(2) Open burn pit.—The term 'open burn pit' means an area of land located in Afghanistan, Iraq,, [sic] Uzbekistan, Egypt, or Syria that—

"(A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

"(B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste."

Persian Gulf War Veterans' Health Status

Pub. L. 102–585, title VII, Nov. 4, 1992, 106 Stat. 4975, as amended by Pub. L. 103–446, title I, §108, Nov. 2, 1994, 108 Stat. 4653; Pub. L. 105–368, title I, §§104, 106, Nov. 11, 1998, 112 Stat. 3323, 3325; Pub. L. 111–163, title V, §502, May 5, 2010, 124 Stat. 1157, provided that:

"SEC. 701. SHORT TITLE.

"This title may be cited as the 'Persian Gulf War Veterans' Health Status Act'.

"SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.

"(a) Establishment of Registry.—The Secretary of Veterans Affairs shall establish and maintain a special record to be known as the 'Persian Gulf War Veterans Health Registry' (in this section referred to as the 'Registry').

"(b) Contents of Registry.—Except as provided in subsection (c), the Registry shall include the following information:

"(1) A list containing the name of each individual who served as a member of the Armed Forces in the Persian Gulf theater of operations during the Persian Gulf War and who—

"(A) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code;

"(B) files a claim for compensation under chapter 11 of such title on the basis of any disability which may be associated with such service;

"(C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service;

"(D) requests from the Department a health examination under section 703; or

"(E) receives from the Department of Defense a health examination similar to the health examination referred to in subparagraph (D) and requests inclusion in the Registry.

"(2) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in paragraph (1) who—

"(A) grants to the Secretary permission to include such information in the Registry; or

"(B) at the time the individual is listed in the Registry, is deceased.

"(c) Individuals Submitting Claims or Making Requests Before Date of Enactment.—If in the case of an individual described in subsection (b)(1) the application, claim, or request referred to in such subsection was submitted, filed, or made, before the date of the enactment of this Act [Nov. 4, 1992], the Secretary shall, to the extent feasible, include in the Registry such individual's name and the data and information, if any, described in subsection (b)(2) relating to the individual.

"(d) Department of Defense Information.—The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Department of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry.

"(e) Relation to Department of Defense Registry.—The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that information is collected and maintained in the Registry in a manner that permits effective and efficient cross-reference between the Registry and the registry established under section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section 704.

"(f) Ongoing Outreach to Individuals Listed in Registry.—The Secretary of Veterans Affairs shall, from time to time, notify individuals listed in the Registry of significant developments in research on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE FOR INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.

"(a) In General.—(1) The Secretary of Veterans Affairs—

"(A) shall, upon the request of a veteran described in subsection (b)(1), provide the veteran with a health examination (including any appropriate diagnostic tests) and consultation and counseling with respect to the results of the examination and the tests; and

"(B) may, upon the request of a veteran described in subsection (b)(2), provide the veteran with such an examination (including diagnostic tests) and such consultation and counseling.

"(2) The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) and consultation and counseling services under paragraph (1).

"(b) Covered Veterans.—(1) In accordance with subsection (a)(1)(A), the Secretary shall provide an examination (including diagnostic tests), consultation, and counseling under that subsection to any veteran who is eligible for listing or inclusion in the Persian Gulf War Veterans Health Registry established by section 702.

"(2) In accordance with subsection (a)(1)(B), the Secretary may provide an examination (including diagnostic tests), consultation, and counseling under that subsection to any veteran who is eligible for listing or inclusion in any other similar health-related registry administered by the Secretary.

"SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.

"[Amended section 734 of Pub. L. 102–190, set out as a note under section 1074 of Title 10, Armed Forces.]

"SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.

"(a) Study.—The Director of the Office of Technology Assessment shall, in a manner consistent with the Technology Assessment Act of 1972 (2 U.S.C. 472(d) [2 U.S.C. 471 et seq.]), assess—

"(1) the potential utility of each of the Persian Gulf Registry and the Persian Gulf War Veterans Health Registry for scientific study and assessment of the intermediate and long-term health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War;

"(2) the extent to which each registry meets the requirements of the provisions of law under which the registry is established;

"(3) the extent to which data contained in each registry—

"(A) are maintained in a manner that ensures permanent preservation and facilitates the effective, efficient retrieval of information that is potentially relevant to the scientific study of the intermediate and long-term health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War; and

"(B) would be useful for scientific study regarding such health consequences;

"(4) the adequacy of any plans to update each of the registries;

"(5) the extent to which the Department of Defense or the Department of Veterans Affairs, as the case may be, is assembling and maintaining information on the Persian Gulf theater of operations (including information on troop locations and atmospheric and weather conditions) in a manner that facilitates the usefulness of, maintenance of, and retrieval of information from, the applicable registry; and

"(6) the adequacy and compatibility of protocols for the health examinations and counseling provided under section 703 and health examinations provided by the Department of Defense to members of the Armed Forces for the purpose of assessing the health status of members of the Armed Forces who served in the Persian Gulf theater of operations during the Persian Gulf War.

"(b) Access to Information.—The Secretary of Veterans Affairs and the Secretary of Defense shall provide the Director with access to such records and information under the jurisdiction of each such secretary as the Director determines necessary to permit the Director to carry out the study required under this section.

"(c) Reports.—The Director shall—

"(1) not later than 270 days after the date of the enactment of this Act [Nov. 4, 1992], submit to Congress a report on the results of the assessment carried out under this section of the Persian Gulf Registry and health-examination protocols; and

"(2) not later than 15 months after such date, submit to Congress a report on the results of the assessment carried out under this section of the Persian Gulf War Veterans Health Registry.

"(d) Definitions.—For the purposes of this section:

"(1) The term 'Persian Gulf Registry' means the registry established under section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section 704.

"(2) The term 'Persian Gulf War Veterans Health Registry' means the Persian Gulf War Veterans Health Registry established under section 702.

"SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES FOR REVIEW OF HEALTH CONSEQUENCES OF SERVICE DURING THE PERSIAN GULF WAR.

"(a) Agreement.—(1) The Secretary of Veterans Affairs and Secretary of Defense jointly shall seek to enter into an agreement with the National Academy of Sciences for the Medical Follow-Up Agency (MFUA) of the Institute of Medicine of the Academy to review existing scientific, medical, and other information on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"(2) The agreement shall require MFUA to provide members of veterans organizations and members of the scientific community (including the Director of the Office of Technology Assessment) with the opportunity to comment on the method or methods MFUA proposes to use in conducting the review.

"(3) The agreement shall permit MFUA, in conducting the review, to examine and evaluate medical records of individuals who are included in the registries referred to in section 705(d) for purposes that MFUA considers appropriate, including the purpose of identifying illnesses of those individuals.

"(4) The Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into the agreement under this section not later than 180 days after the date of the enactment of this Act [Nov. 4, 1992].

"(b) Report.—(1) The agreement under this section shall require the National Academy of Sciences to submit to the committees and secretaries referred to in paragraph (2) a report on the results of the review carried out under the agreement. Such report shall contain the following:

"(A) An assessment of the effectiveness of actions taken by the Secretary of Veterans Affairs and the Secretary of Defense to collect and maintain information that is potentially useful for assessing the health consequences of the military service referred to in subsection (a).

"(B) Recommendations on means of improving the collection and maintenance of such information.

"(C) Recommendations on whether there is sound scientific basis for an epidemiological study or studies on the health consequences of such service, and if the recommendation is that there is sound scientific basis for such a study or studies, the nature of the study or studies.

"(2) The committees and secretaries referred to in paragraph (1) are the following:

"(A) The Committees on Veterans' Affairs of the Senate and House of Representatives.

"(B) The Committees on Armed Services of the Senate and House of Representatives.

"(C) The Secretary of Veterans Affairs.

"(D) The Secretary of Defense.

"(c) Funding.—(1) The Secretary of Veterans Affairs and the Secretary of Defense shall make available up to a total of $500,000 in fiscal year 1993, from funds available to the Department of Veterans Affairs and the Department of Defense in that fiscal year, to carry out the review. Any amounts provided by the two departments shall be provided in equal amounts.

"(2) If the Secretary of Veterans Affairs and the Secretary of Defense enter into an agreement under subsection (a) with the National Academy of Sciences—

"(A) the Secretary of Veterans Affairs shall make available $250,000 in each of fiscal years 1994 through 2003, from amounts available to the Department of Veterans Affairs in each such fiscal year, to the National Academy of Sciences for the general purposes of conducting epidemiological research with respect to military and veterans populations; and

"(B) the Secretary of Defense shall make available $250,000 in each of fiscal years 1994 through 2003, from amounts available to the Department of Defense in each such fiscal year, to the National Academy of Sciences for the purposes of carrying out the research referred to in subparagraph (A).

"(d) Research Review and Development of Medical Education Curriculum.—(1) In order to further understand the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War and of new research findings with implications for improving the provision of care for veterans of such service, the Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences under which the Institute of Medicine of the Academy would—

"(A) develop a curriculum pertaining to the care and treatment of veterans of such service who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians who provide care for such veterans; and

"(B) on an ongoing basis, periodically review and provide recommendations regarding the research plans and research strategies of the Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"(2) Recommendations to be provided under paragraph (1)(B) include any recommendations that the Academy considers appropriate for additional scientific studies (including studies related to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of any aspects of such military service. In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies.

"(3) Not later than 9 months after the Institute of Medicine provides the Secretaries the curriculum developed under paragraph (1)(A), the Secretaries shall provide for the conduct of continuing education programs using that curriculum. Those programs shall include instruction which seeks to emphasize use of appropriate protocols of diagnosis, referral, and treatment of such veterans.

"SEC. 707. COORDINATION OF HEALTH-RELATED GOVERNMENT ACTIVITIES ON THE PERSIAN GULF WAR.

"(a) Designation of Coordinating Organization.—The President shall designate, and may redesignate from time to time, the head of an appropriate department or agency of the Federal Government to coordinate all activities undertaken or funded by the Executive Branch of the Federal Government on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

"(b) Public Advisory Committee.—Not later than January 1, 1999, the head of the department or agency designated under subsection (a) shall establish an advisory committee consisting of members of the general public, including Persian Gulf War veterans and representatives of such veterans, to provide advice to the head of that department or agency on proposed research studies, research plans, or research strategies relating to the health consequences of military service in the Southwest Asia theater of operations during the Persian Gulf War. The department or agency head shall consult with such advisory committee on a regular basis.

"(c) Reports.—(1) Not later than July 1, 2010, and July 1 of each of the five following years, the head of the department or agency designated under subsection (a) shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on—

"(A) the status and results of all such research activities undertaken by the executive branch during the previous year; and

"(B) research priorities identified during that year.

"(2)(A) Not later than 120 days after submission of the epidemiological research study conducted by the Department of Veterans Affairs entitled 'VA National Survey of Persian Gulf Veterans—Phase III', the head of the department or agency designated under subsection (a) shall submit to the congressional committees specified in paragraph (1) a report on the findings under that study and any other pertinent medical literature.

"(B) With respect to any findings of that study and any other pertinent medical literature which identify scientific evidence of a greater relative risk of illness or illnesses in family members of veterans who served in the Persian Gulf War theater of operations than in family members of veterans who did not so serve, the head of the department or agency designated under subsection (a) shall seek to ensure that appropriate research studies are designed to follow up on such findings.

"(d) Public Availability of Research Findings.—The head of the department or agency designated under subsection (a) shall ensure that the findings of all research conducted by or for the executive branch relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War (including information pertinent to improving provision of care for veterans of such service) are made available to the public through peer-reviewed medical journals, the World Wide Web, and other appropriate media.

"(e) Outreach.—The head of the department or agency designated under subsection (a) shall ensure that the appropriate departments consult and coordinate in carrying out an ongoing program to provide information to those who served in the Southwest Asia theater of operations during the Persian Gulf War relating to: (1) the health risks, if any, resulting from any risk factors associated with such service; and (2) any services or benefits available with respect to such health risks.

"SEC. 708. DEFINITION.

"For the purposes of this title, the term 'Persian Gulf War' has the meaning given such term in section 101(33) of title 38, United States Code."

Services for Homeless Veterans

Pub. L. 102–405, title I, §107, Oct. 9, 1992, 106 Stat. 1976, as amended by Pub. L. 103–446, title X, §1002, Nov. 2, 1994, 108 Stat. 4679, required Secretary of Veterans' Affairs and directors of each medical center or benefits office to assess needs of homeless veterans and programs which have been developed to assist homeless veterans, and to replicate programs which have successfully rehabilitated homeless veterans, prior to repeal by Pub. L. 105–114, title II, §202(c)(2), Nov. 21, 1997, 111 Stat. 2287.

§529. Annual report to Congress

The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall—

(1) give an account of all moneys received and disbursed by the Department for such fiscal year;

(2) describe the work done during such fiscal year; and

(3) state the activities of the Department for such fiscal year.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 391.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 214 of this title prior to repeal by Pub. L. 102–83, §2(a).

Prior section 531, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137; Pub. L. 90–77, title I, §105, Aug. 31, 1967, 81 Stat. 179, provided for a monthly pension to widows of Mexican War veterans, prior to repeal by Pub. L. 94–169, title I, §101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.

Prior sections 532 to 537 were renumbered sections 1532 to 1537 of this title, respectively.

§530. Annual report on program and expenditures for domestic response to weapons of mass destruction

(a) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report, to be submitted each year at the time that the President submits the budget for the next fiscal year under section 1105 of title 31, on the activities of the Department relating to preparation for, and participation in, a domestic medical response to an attack involving weapons of mass destruction.

(b) Each report under subsection (a) shall include the following:

(1) A statement of the amounts of funds and the level of personnel resources (stated in terms of full-time equivalent employees) expected to be used by the Department during the next fiscal year in preparation for a domestic medical response to an attack involving weapons of mass destruction, including the anticipated source of those funds and any anticipated shortfalls in funds or personnel resources to achieve the tasks assigned the Department by the President in connection with preparation for such a response.

(2) A detailed statement of the funds expended and personnel resources (stated in terms of full-time equivalent employees) used during the fiscal year preceding the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of those funds and a description of how those funds were expended.

(3) A detailed statement of the funds expended and expected to be expended, and the personnel resources (stated in terms of full-time equivalent employees) used and expected to be used, during the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of funds expended and a description of how those funds were expended.

(c) This section shall expire on January 1, 2009.

(Added Pub. L. 105–368, title IX, §906(a), Nov. 11, 1998, 112 Stat. 3361.)

§531. Requirements relating to naming of Department property

(a) Naming Limitation.—Except as expressly provided by law or as authorized under subsection (b), a facility, structure, or real property of the Department, and a major portion (such as a wing or floor) of any such facility, structure, or real property, may be named only for the geographic area in which the facility, structure, or real property is located.

(b) Transfer of Names.—

(1) In general.—The Secretary may transfer the name of covered property of the Department to other covered property of the Department if—

(A) the original covered property was designated with that name by law;

(B) the Department no longer offers benefits or services at the original covered property;

(C) the other covered property is similar in type and purpose as the original covered property;

(D) the other covered property is located in a different location or at a different address from the original covered property within the town, city, or other local government area specified in the designation made by such law; and

(E) such transfer occurs not less than 30 days after the Secretary notifies the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and each member of Congress representing the State in which the original covered property and other covered property are located of the intent of the Secretary to transfer the name of the original covered property to the other covered property.

(2) References.—If the Secretary transfers the name of covered property under paragraph (1), any reference in a law, regulation, map, document, paper, or other record of the United States to the covered property originally named by law shall be deemed to be a reference to the covered property to which the name has been transferred under such paragraph.

(3) Covered property.—In this subsection, the term "covered property" means a facility, structure, or real property of the Department or a major portion (such as a wing or floor) of any such facility, structure, or real property.

(Added Pub. L. 105–368, title X, §1001(a)(1), Nov. 11, 1998, 112 Stat. 3363; amended Pub. L. 117–137, §1(a), June 7, 2022, 136 Stat. 1254.)

Editorial Notes

Amendments

2022—Pub. L. 117–137, §1(a)(2), (3), designated existing provisions as subsec. (a), inserted heading, inserted "or as authorized under subsection (b)" after "Except as expressly provided by law", and added subsec. (b).

Pub. L. 117–137, §1(a)(1), substituted "Requirements" for "Requirement" in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–368, title X, §1001(b), Nov. 11, 1998, 112 Stat. 3363, provided that: "Section 531 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to the assignment or designation of the name of a facility, structure, or real property of the Department of Veterans Affairs (or of a major portion thereof) after the date of the enactment of this Act [Nov. 11, 1998]."

§532. Authority to advertise in national media; VetStar Award Program

(a) Advertising in National Media.—The Secretary may purchase advertising in national media outlets for the purpose of promoting awareness of benefits under laws administered by the Secretary, including promoting awareness of assistance provided by the Secretary, including assistance for programs to assist homeless veterans, to promote veteran-owned small businesses, and to provide opportunities for employment in the Department of Veterans Affairs and for education, training, compensation, pension, vocational rehabilitation, and healthcare benefits, and mental healthcare (including the prevention of suicide among veterans).

(b) VetStar Award Program.—(1) The Secretary shall establish an award program, to be known as the "VetStar Award Program", to recognize annually businesses for their contributions to veterans' employment.

(2) The Secretary shall establish a process for the administration of the award program, including criteria for—

(A) categories and sectors of businesses eligible for recognition each year; and

(B) objective measures to be used in selecting businesses to receive the award.

(Added Pub. L. 110–389, title VIII, §809(a), Oct. 10, 2008, 122 Stat. 4189; amended Pub. L. 112–154, title VII, §709(a), (b)(1), Aug. 6, 2012, 126 Stat. 1207.)

Editorial Notes

Amendments

2012—Pub. L. 112–154 inserted "; VetStar Award Program" after "national media" in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§533. Anti-harassment and anti-sexual assault policy

(a) Establishment.—(1) The Secretary, acting through the Office of Assault and Prevention of the Veterans Health Administration, shall establish a comprehensive policy to end harassment and sexual assault, including sexual harassment and gender-based harassment, throughout the Department.

(2) The policy required by paragraph (1) shall include the following:

(A) A process for employees and contractors of the Department to respond to reported incidents of harassment and sexual assault committed by any non-Department individual within a facility of the Department, including with respect to accountability or disciplinary measures.

(B) A process for employees and contractors of the Department to respond to reported incidents of harassment and sexual assault of any non-Department individual within a facility of the Department.

(C) A process for any non-Department individual to report harassment and sexual assault described in subparagraph (A), including an option for confidential reporting, and for the Secretary to respond to and address such reports.

(D) Clear mechanisms for non-Department individuals to readily identify to whom and how to report incidents of harassment and sexual assault committed by another non-Department individual.

(E) Clear mechanisms for employees and contractors of the Department to readily identify to whom and how to report incidents of harassment and sexual assault and how to refer non-Department individuals with respect to reporting an incident of harassment or sexual assault.

(F) A process for, and mandatory reporting requirement applicable to, any employee or contractor of the Department who witnesses harassment or sexual assault described in subparagraph (A) or (B) within a facility of the Department, regardless of whether the individual affected by such harassment or sexual assault wants to report such harassment or sexual assault.

(G) The actions possible, including disciplinary actions, for employees or contractors of the Department who fail to report incidents of harassment and sexual assault described in subparagraph (A) or (B) that the employees or contractors witness.

(H) On an annual or more frequent basis, mandatory training for employees and contractors of the Department regarding how to report and address harassment and sexual assault described in subparagraphs (A) and (B), including bystander intervention training.

(I) On an annual or more frequent basis, the distribution of the policy under this subsection and anti-harassment and anti-sexual assault educational materials by mail or email to each individual receiving a benefit under a law administered by the Secretary.

(J) The prominent display of anti-harassment and anti-sexual assault messages in each facility of the Department, including how non-Department individuals may report harassment and sexual assault described in subparagraphs (A) and (B) at such facility and the points of contact under subsection (b).

(K) The posting on internet websites of the Department, including the main internet website regarding benefits of the Department and the main internet website regarding health care of the Department, of anti-harassment and anti-sexual assault banners specifically addressing harassment and sexual assault described in subparagraphs (A) and (B).

(b) Points of Contact.—The Secretary shall designate, as a point of contact to receive reports of harassment and sexual assault described in subparagraphs (A) and (B) of subsection (a)(2)—

(1) at least one individual, in addition to law enforcement, at each facility of the Department (including Vet Centers under section 1712A of this title), with regard to that facility;

(2) at least one individual employed in each Veterans Integrated Service Network, with regard to facilities in that Veterans Integrated Service Network;

(3) at least one individual employed in each regional benefits office;

(4) at least one individual employed at each location of the National Cemetery Administration; and

(5) at least one individual employed at the Central Office of the Department to track reports of such harassment and sexual assault across the Department, disaggregated by facility.

(c) Accountability.—(1) The Secretary shall establish a policy to ensure that each facility of the Department and each director of a Veterans Integrated Service Network is responsible for addressing harassment and sexual assault at the facility and the Network.

(2) The policy required by paragraph (1) shall include—

(A) a remediation plan for facilities that experience five or more incidents of sexual harassment, sexual assault, or combination thereof, during any single fiscal year; and

(B) taking appropriate actions under chapter 7 or subchapter V of chapter 74 of this title.

(d) Data.—The Secretary shall ensure that the in-take process for veterans at medical facilities of the Department includes a survey to collect the following information:

(1) Whether the veteran feels safe at the facility and whether any events occurred at the facility that affect such feeling.

(2) Whether the veteran wants to be contacted later by the Department with respect to such safety issues.

(e) Working Group.—(1) The Secretary shall establish a working group to assist the Secretary in implementing policies to carry out this section.

(2) The working group established under paragraph (1) shall consist of representatives from—

(A) veterans service organizations;

(B) State, local, and Tribal veterans agencies; and

(C) other persons the Secretary determines appropriate.

(3) The working group established under paragraph (1) shall develop, and the Secretary shall carry out—

(A) an action plan for addressing changes at the local level to reduce instances of harassment and sexual assault;

(B) standardized media for veterans service organizations and other persons to use in print and on the internet with respect to reducing harassment and sexual assault; and

(C) bystander intervention training for veterans.

(4) The working group established under paragraph (1) shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).¹

(f) Annual Reports.—(1) The Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on harassment and sexual assault described in subparagraphs (A) and (B) of subsection (a)(2) in facilities of the Department.

(2) Each report submitted under paragraph (1) shall include the following:

(A) Results of harassment and sexual assault programming, including the End Harassment program.

(B) Results of studies from the Women's Health Practice-Based Research Network of the Department relating to harassment and sexual assault.

(C) Data collected on incidents of sexual harassment and sexual assault.

(D) A description of any actions taken by the Secretary during the year preceding the date of the report to stop harassment and sexual assault at facilities of the Department.

(E) An assessment of the implementation of the training required in subsection (a)(2)(H).

(F) A list of resources the Secretary determines necessary to prevent harassment and sexual assault at facilities of the Department.

(g) Definitions.—In this section:

(1) The term "non-Department individual" means any individual present at a facility of the Department who is not an employee or contractor of the Department.

(2) The term "sexual harassment" means unsolicited verbal or physical contact of a sexual nature which is threatening in character.

(Added Pub. L. 116–315, title V, §5303(a), Jan. 5, 2021, 134 Stat. 5038.)

Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (e)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

Statutory Notes and Related Subsidiaries

Deadline

Pub. L. 116–315, title V, §5303(d), Jan. 5, 2021, 134 Stat. 5041, provided that: "The Secretary shall commence carrying out section 533 of such title [title 38], as added by subsection (a), not later than 180 days after the date of enactment of this Act [Jan. 5, 2021]."

¹ See References in Text note below.

SUBCHAPTER III—ADVISORY COMMITTEES

§541. Advisory Committee on Former Prisoners of War

(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Former Prisoners of War (hereinafter in this section referred to as the "Committee").

(2)(A) The members of the Committee shall be appointed by the Secretary from the general public and shall include—

(i) appropriate representatives of veterans who are former prisoners of war;

(ii) individuals who are recognized authorities in fields pertinent to disabilities prevalent among former prisoners of war, including authorities in epidemiology, mental health, nutrition, geriatrics, and internal medicine; and

(iii) appropriate representatives of disabled veterans.

(B) The Committee shall also include, as ex officio members, the Under Secretary for Health and the Under Secretary for Benefits, or their designees.

(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years.

(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits under this title for veterans who are former prisoners of war and the needs of such veterans with respect to compensation, health care, and rehabilitation.

(c)(1) Not later than July 1 of each odd-numbered year through 2009, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are former prisoners of war. Each such report shall include—

(A) an assessment of the needs of such veterans with respect to compensation, health care, and rehabilitation;

(B) a review of the programs and activities of the Department designed to meet such needs; and

(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers to be appropriate.

(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted to the Congress pursuant to that section.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 392; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106–419, title IV, §403(c)(2), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 108–454, title VIII, §803, Dec. 10, 2004, 118 Stat. 3626.)

Editorial Notes

Prior Provisions

Prior section 541 was renumbered section 1541 of this title.

Provisions similar to those in this section were contained in section 221 of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2004—Subsec. (c)(1). Pub. L. 108–454 substituted "2009" for "2003".

2000—Subsec. (c)(1). Pub. L. 106–419 inserted "through 2003" after "each odd-numbered year" in introductory provisions.

1992—Subsec. (a)(2)(B). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" and "Under Secretary for Benefits" for "Chief Benefits Director".

Statutory Notes and Related Subsidiaries

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§542. Advisory Committee on Women Veterans

(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Women Veterans (hereinafter in this section referred to as "the Committee").

(2)(A) The Committee shall consist of members appointed by the Secretary from the general public, including—

(i) representatives of women veterans;

(ii) individuals who are recognized authorities in fields pertinent to the needs of women veterans, including the gender-specific health-care needs of women;

(iii) representatives of both female and male veterans with service-connected disabilities, including at least one female veteran with a service-connected disability and at least one male veteran with a service-connected disability; and

(iv) women veterans who are recently separated from service in the Armed Forces.

(B) The Committee shall include, as ex officio members—

(i) the Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans' Employment);

(ii) the Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense after consultation with the Defense Advisory Committee on Women in the Services); and

(iii) the Under Secretary for Health and the Under Secretary for Benefits, or their designees.

(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee.

(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service.

(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits by the Department for women veterans, reports and studies pertaining to women veterans and the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department, including the Center for Women Veterans.

(c)(1) Not later than July 1 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to women veterans. Each such report shall include—

(A) an assessment of the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department;

(B) a review of the programs and activities of the Department designed to meet such needs;

(C) an assessment of the effects of intimate partner violence on women veterans; and

(D) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.

(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to such section.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 393; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–275, title V, §501(e)(1), Oct. 9, 1996, 110 Stat. 3341; Pub. L. 106–419, title IV, §403(c)(3), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–444, §5, Dec. 21, 2006, 120 Stat. 3308; Pub. L. 109–461, title II, §208(b), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3413, 3468; Pub. L. 110–387, title VIII, §808, Oct. 10, 2008, 122 Stat. 4141; Pub. L. 111–163, title II, §204(a), May 5, 2010, 124 Stat. 1144; Pub. L. 116–315, title V, §5302, Jan. 5, 2021, 134 Stat. 5038; Pub. L. 117–263, div. E, title LI, §5101, Dec. 23, 2022, 136 Stat. 3205.)

Editorial Notes

Prior Provisions

Prior section 542 was renumbered section 1542 of this title.

Provisions similar to those in this section were contained in section 222 of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2022—Subsec. (c)(1). Pub. L. 117–263 substituted "year" for "even-numbered year".

2021—Subsec. (c)(1)(C), (D). Pub. L. 116–315 added subpar. (C) and redesignated former subpar. (C) as (D).

2010—Subsec. (a)(2)(A)(iv). Pub. L. 111–163 added cl. (iv).

2008—Subsec. (c)(1). Pub. L. 110–387 struck out "through 2008" after "year" in introductory provisions.

2006—Subsec. (c)(1). Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Pub. L. 109–461, §208(b), substituted "2008" for "2004" in introductory provisions.

Pub. L. 109–444, which substituted "2008" for "2004" in introductory provisions, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2000—Subsec. (c)(1). Pub. L. 106–419 inserted "through 2004" after "each even-numbered year" in introductory provisions.

1996—Subsec. (b). Pub. L. 104–275 inserted ", including the Center for Women Veterans" before period at end.

1992—Subsec. (a)(2)(B)(iii). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" and "Under Secretary for Benefits" for "Chief Benefits Director".

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Assistant Secretary of Labor for Veterans' Employment in any law in force on Nov. 6, 1986, deemed to be a reference to Assistant Secretary of Labor for Veterans' Employment and Training, see section 2(b)(3) of Pub. L. 99–619, set out as a References in Other Laws note under section 553 of Title 29, Labor.

Effective Date of 2010 Amendment

Pub. L. 111–163, title II, §204(c), May 5, 2010, 124 Stat. 1144, provided that: "The amendments made by this section [amending this section and section 544 of this title] shall apply to appointments made on or after the date of the enactment of this Act [May 5, 2010]."

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§543. Advisory Committee on Prosthetics and Special-Disabilities Programs

(a) There is in the Department an advisory committee known as the Advisory Committee on Prosthetics and Special-Disabilities Programs (hereinafter in this section referred to as the "Committee").

(b) The objectives and scope of activities of the Committee shall relate to—

(1) prosthetics and special-disabilities programs administered by the Secretary;

(2) the coordination of programs of the Department for the development and testing of, and for information exchange regarding, prosthetic devices;

(3) the coordination of Department and non-Department programs that involve the development and testing of prosthetic devices; and

(4) the adequacy of funding for the prosthetics and special-disabilities programs of the Department.

(c) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee on the matters described in subsection (b).

(d) Not later than January 15 of 1993, 1994, and 1995, the Committee shall submit to the Secretary and the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the effectiveness of the prosthetics and special-disabilities programs administered by the Secretary during the preceding fiscal year. Not more than 60 days after the date on which any such report is received by the Secretary, the Secretary shall submit a report to such committees commenting on the report of the Committee.

(e) As used in this section, the term "special-disabilities programs" includes all programs administered by the Secretary for—

(1) spinal-cord-injured veterans;

(2) blind veterans;

(3) veterans who have lost or lost the use of extremities;

(4) hearing-impaired veterans; and

(5) other veterans with serious incapacities in terms of daily life functions.

(Added Pub. L. 102–405, title I, §105(b)(1), Oct. 9, 1992, 106 Stat. 1975.)

Editorial Notes

Prior Provisions

Prior section 543 was renumbered section 1543 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 102–405, title I, §105(a), Oct. 9, 1992, 106 Stat. 1975, provided that: "The Federal advisory committee established by the Secretary and known as the Prosthetics Service Advisory Committee shall after the date of the enactment of this Act [Oct. 9, 1992] be known as the Advisory Committee on Prosthetics and Special-Disabilities Programs and shall operate as though such committee had been established by law. Notwithstanding any other provision of law, the Committee may, upon the enactment of this Act, meet and act on any matter covered by subsection (b) of section 543 of title 38, United States Code, as added by subsection (b) of this section."

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§544. Advisory Committee on Minority Veterans

(a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Veterans (hereinafter in this section referred to as "the Committee").

(2)(A) The Committee shall consist of members appointed by the Secretary from the general public, including—

(i) representatives of veterans who are minority group members;

(ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members;

(iii) veterans who are minority group members and who have experience in a military theater of operations;

(iv) veterans who are minority group members and who do not have such experience; and

(v) women veterans who are minority group members and are recently separated from service in the Armed Forces.

(B) The Committee shall include, as ex officio members, the following:

(i) The Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans' Employment).

(ii) The Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense).

(iii) The Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary of the Interior).

(iv) The Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of Commerce).

(v) The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services).

(vi) The Under Secretary for Health and the Under Secretary for Benefits, or their designees.

(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee.

(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service.

(4) The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each fiscal year.

(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits by the Department for veterans who are minority group members, reports and studies pertaining to such veterans and the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department, including the Center for Minority Veterans.

(c)(1) Not later than July 1 of every other year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are minority group members. Each such report shall include—

(A) an assessment of the needs of veterans who are minority group members with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department;

(B) a review of the programs and activities of the Department designed to meet such needs; and

(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.

(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to such section.

(d) In this section, the term "minority group member" means an individual who is—

(1) Asian American;

(2) Black;

(3) Hispanic;

(4) Native American (including American Indian, Alaskan Native, and Native Hawaiian); or

(5) Pacific-Islander American.

(e) The Committee shall cease to exist September 30, 2026.

(Added Pub. L. 103–446, title V, §510(a), Nov. 2, 1994, 108 Stat. 4668; amended Pub. L. 104–275, title V, §501(e)(2), (f), Oct. 9, 1996, 110 Stat. 3341; Pub. L. 106–117, title VIII, §803, Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108–183, title VII, §703, Dec. 16, 2003, 117 Stat. 2671; Pub. L. 110–389, title VIII, §808, Oct. 10, 2008, 122 Stat. 4189; Pub. L. 111–163, title II, §204(b), May 5, 2010, 124 Stat. 1144; Pub. L. 113–175, title IV, §404, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §406, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, §406, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §406, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §166, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 117–180, div. E, title IV, §403, Sept. 30, 2022, 136 Stat. 2139.)

Editorial Notes

Prior Provisions

Prior section 544, added Pub. L. 90–77, title I, §108(a), Aug. 31, 1967, 81 Stat. 180; amended Pub. L. 91–588, §3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93–527, §5, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94–169, title I, §105, Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94–432, title II, §205, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95–204, title I, §104, Dec. 2, 1977, 91 Stat. 1457, authorized an increase by $79 of the monthly rate of pension payable to the surviving spouse if the surviving spouse was entitled to pension under subchapter III of chapter 15 of this title and was in need of regular aid and attendance, prior to repeal by Pub. L. 95–588, title I, §112(a)(1), title IV, §401, Nov. 4, 1978, 92 Stat. 2505, 2511, effective Jan. 1, 1979.

Another prior section 544, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1139, authorized the payment of a pension to children of World War II or Korean conflict veterans, prior to the general amendment of subchapter III of chapter 15 of this title by Pub. L. 86–211, §4, Aug. 29, 1950, 73 Stat. 434. See sections 1542 and 1543 of this title.

Amendments

2022—Subsec. (e). Pub. L. 117–180 substituted "September 30, 2026" for "September 30, 2022".

2018—Subsec. (c)(1). Pub. L. 115–251, §166(b), substituted "every other year" for "each year" in introductory provisions.

Subsec. (e). Pub. L. 115–251, §166(a), substituted "September 30, 2022" for "September 30, 2018".

2017—Subsec. (e). Pub. L. 115–62 substituted "September 30, 2018" for "December 31, 2017".

2016—Subsec. (e). Pub. L. 114–228 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (e). Pub. L. 114–58 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (e). Pub. L. 113–175 substituted "December 31, 2015" for "December 31, 2014".

2010—Subsec. (a)(2)(A)(v). Pub. L. 111–163 added cl. (v).

2008—Subsec. (e). Pub. L. 110–389 substituted "December 31, 2014" for "December 31, 2009".

2003—Subsec. (e). Pub. L. 108–183 substituted "December 31, 2009" for "December 31, 2003".

1999—Subsec. (e). Pub. L. 106–117 substituted "December 31, 2003" for "December 31, 1999".

1996—Subsec. (b). Pub. L. 104–275, §501(e)(2), inserted ", including the Center for Minority Veterans" before period at end.

Subsec. (e). Pub. L. 104–275, §501(f), substituted "December 31, 1999" for "December 31, 1997".

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–163 applicable to appointments made on or after May 5, 2010, see section 204(c) of Pub. L. 111–163, set out as a note under section 542 of this title.

§545. Advisory Committee on the Readjustment of Veterans

(a)(1) There is in the Department the Advisory Committee on the Readjustment of Veterans (hereinafter in this section referred to as the "Committee").

(2) The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who—

(A) have demonstrated significant civic or professional achievement; and

(B) have experience with the provision of veterans benefits and services by the Department.

(3) The Secretary shall seek to ensure that members appointed to the Committee include individuals from a wide variety of geographic areas and ethnic backgrounds, individuals from veterans service organizations, individuals with combat experience, and women.

(4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service.

(b)(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision by the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life.

(2)(A) In providing advice to the Secretary under this subsection, the Committee shall—

(i) assemble and review information relating to the needs of veterans in readjusting to civilian life;

(ii) provide information relating to the nature and character of psychological problems arising from service in the Armed Forces;

(iii) provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life; and

(iv) provide on-going advice on the most appropriate means of responding to the readjustment needs of veterans in the future.

(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account the needs of veterans who have served in a theater of combat operations.

(c)(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the readjustment of veterans to civilian life. Each such report shall include—

(A) an assessment of the needs of veterans with respect to readjustment to civilian life;

(B) a review of the programs and activities of the Department designed to meet such needs; and

(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.

(2) Not later than 90 days after the receipt of a report under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section.

(d)(1) Except as provided in paragraph (2), the provisions of chapter 10 of title 5 shall apply to the activities of the Committee under this section.

(2) Section 1013 of title 5 shall not apply to the Committee.

(Added Pub. L. 104–262, title III, §333(a)(1), Oct. 9, 1996, 110 Stat. 3199; amended Pub. L. 107–14, §8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 117–286, §4(a)(217), Dec. 27, 2022, 136 Stat. 4330.)

Editorial Notes

Prior Provisions

Prior section 545 of this title, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1139, authorized the payment of a pension to children of World War II or Korean conflict veterans and prescribed income limitations, prior to the general amendment of subchapter III of chapter 15 of this title by Pub. L. 86–211, §4, Aug. 29, 1959, 73 Stat. 434. See section 1543 of this title.

Amendments

2022—Subsec. (d)(1). Pub. L. 117–286, §4(a)(217)(A), substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act (5 U.S.C. App.)".

Subsec. (d)(2). Pub. L. 117–286, §4(a)(217)(B), substituted "Section 1013 of title 5" for "Section 14 of such Act".

2001—Subsec. (a)(1). Pub. L. 107–14 substituted "hereinafter" for "hereafter".

Statutory Notes and Related Subsidiaries

Commission on Servicemembers and Veterans Transition Assistance

Pub. L. 104–275, title VII, Oct. 9, 1996, 110 Stat. 3346, as amended by Pub. L. 105–368, title X, §1005(c)(2), Nov. 11, 1998, 112 Stat. 3366, provided that:

"SEC. 701. ESTABLISHMENT OF COMMISSION.

"(a) Establishment.—There is established a commission to be known as the Commission on Servicemembers and Veterans Transition Assistance (hereafter in this title referred to as the 'Commission').

"(b) Membership.—(1) The Commission shall be composed of 12 members appointed from among private United States citizens with appropriate and diverse experiences, expertise, and historical perspectives on veterans, military, organizational, and management matters. The members shall be appointed as follows:

"(A) Four shall be appointed jointly by the chairman and ranking minority member of the Committee on Veterans' Affairs of the House of Representatives.

"(B) Four shall be appointed jointly by the chairman and ranking minority member of the Committee on Veterans' Affairs of the Senate.

"(C) Two shall be appointed jointly by the chairman and ranking minority member of the Committee on National Security of the House of Representatives [now Committee on Armed Services of the House of Representatives].

"(D) Two shall be appointed jointly by the chairman and ranking minority member of the Committee on Armed Services of the Senate.

"(2)(A) One member of the Commission appointed under each of subparagraphs (A) and (B) of paragraph (1) shall be a representative of a veterans service organization.

"(B) To the maximum extent practicable, the individuals appointed under paragraph (1) as members of the Commission shall be veterans.

"(C) Not more than seven of the members of the Commission may be members of the same political party.

"(3) In addition to the members appointed under paragraph (1), the following shall be nonvoting members of the Commission:

"(A) The Under Secretary for Benefits of the Department of Veterans Affairs.

"(B) The Assistant Secretary of Defense for Force Management and Personnel.

"(C) The Assistant Secretary of Labor for Veterans' Employment and Training.

"(4) The appointments of members of the Commission shall, to the maximum extent practicable, be made after consultation with representatives of veterans service organizations.

"(5) The appointments of the members of the Commission shall be made not later than 45 days after the date of the enactment of this Act [Oct. 9, 1996].

"(c) Period of Appointment; Vacancies.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

"(d) Initial Meeting.—Not later than 30 days after the date on which all members of the Commission have been appointed under subsection (b)(1), the Commission shall hold its first meeting.

"(e) Quorum.—A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

"(f) Chairman and Vice Chairman.—The Commission shall select a chairman and vice chairman from among its members.

"(g) Meetings.—The Commission shall meet at the call of the chairman of the Commission.

"(h) Panels.—The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of such panels shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.

"(i) Authority of Individuals To Act for Commission.—Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this title.

"SEC. 702. DUTIES OF COMMISSION.

"(a) In General.—The Commission shall—

"(1) review the adequacy and effectiveness of veterans transition assistance and benefits programs in providing assistance to members of the Armed Forces in making the transition and adjustment to civilian life;

"(2) review the allocation under law of responsibility for the administration of veterans transition assistance and benefits programs among the various departments and agencies of the Government and determine the feasibility and desirability of consolidating such administration;

"(3) evaluate proposals for improving such programs, including proposals for alternative means of providing services delivered by such programs; and

"(4) make recommendations to Congress regarding the need for improvements in such programs.

"(b) Review of Programs To Assist Members of the Armed Forces at Separation.—(1) While carrying out the general duties specified in subsection (a), the members of the Commission appointed under subparagraphs (C) and (D) of section 701(b)(1) and the member specified in subparagraph (B) of section 701(b)(3) shall review primarily the programs intended to assist members of the Armed Forces at the time of their separation from service in the Armed Forces, including programs designed to assist families of such members.

"(2) In carrying out the review, those members of the Commission shall determine the following:

"(A) The adequacy of the programs referred to in paragraph (1) for their purposes.

"(B) The adequacy of the support of the Armed Forces for such programs.

"(C) The adequacy of funding levels for such programs.

"(D) The effect, if any, of the existence of such programs on military readiness.

"(E) The extent to which such programs provide members of the Armed Forces with job-search skills.

"(F) The extent to which such programs prepare such members for employment in the private sector and in the public sector.

"(G) The effectiveness of such programs in assisting such members in finding employment in the public sector upon their separation from service.

"(H) The ways in which such programs could be improved.

"(3) In carrying out the review, the Commission shall make use of previous studies which have been made of such programs.

"(c) Review of Programs To Assist Veterans.—(1) While carrying out the general duties specified in subsection (a), the members of the Commission appointed under subparagraphs (A) and (B) of section 701(b)(1) and the members specified in subparagraphs (A) and (C) of section 701(b)(3) shall review the following programs:

"(A) Educational assistance programs.

"(B) Job counseling, job training, and job placement services programs.

"(C) Rehabilitation and training programs.

"(D) Housing loan programs.

"(E) Small business loan and small business assistance programs.

"(F) Employment and employment training programs for employment in the public sector and the private sector, including employer training programs and union apprenticeship programs.

"(G) Government personnel policies (including veterans' preference policies) and the enforcement of such policies.

"(H) Programs that prepare the families of members of the Armed Forces for their transition from military life to civilian life and facilitate that transition.

"(2) In carrying out the review, such members of the Commission shall determine the following:

"(A) The adequacy of the programs referred to in paragraph (1) for their purposes.

"(B) The adequacy of the support of the Department of Veterans Affairs for such programs.

"(C) The adequacy of funding levels for such programs.

"(D) The extent to which such programs provide veterans with job-search skills.

"(E) The extent to which such programs prepare veterans for employment in the private sector and in the public sector.

"(F) The effectiveness of such programs in assisting veterans in finding employment in the public sector upon their separation from service.

"(G) The ways in which such programs could be improved.

"(d) Reports.—(1) Not later than 90 days after the date on which all members of the Commission have been appointed under section 701(b)(1), the Commission shall submit to the Committees on Veterans' Affairs and Armed Services of the Senate and the Committees on Veterans' Affairs and National Security of the House of Representatives [now Committees on Veterans' Affairs and Armed Services of the House of Representatives] a report setting forth a plan for the work of the Commission. The Commission shall develop the plan in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Labor, and the heads of other appropriate departments and agencies of the Government.

"(2)(A) Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the committees referred to in paragraph (1), and to the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor, a report setting forth the activities, findings, and recommendations of the Commission, including any recommendations for legislative action and administrative action as the Commission considers appropriate.

"(B) Not later than 90 days after receiving the report referred to in subparagraph (A), the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly transmit the report to Congress, together with the Secretaries' comments on the report.

"SEC. 703. POWERS OF COMMISSION.

"(a) Hearings.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this title.

"(b) Information From Federal Agencies.—The Commission may secure directly from the Department of Defense, the Department of Veterans Affairs, and any other department or agency of the Government such information as the Commission considers necessary to carry out its duties under this title. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information expeditiously to the Commission.

"SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

"(a) Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Government.

"(b) Gifts.—The Commission may accept, use, and dispose of gifts or donations of services or property.

"(c) Miscellaneous Administrative Support.—The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor shall, upon the request of the chairman of the Commission, furnish the Commission, on a reimbursable basis, any administrative and support services as the Commission may require.

"SEC. 705. COMMISSION PERSONNEL MATTERS.

"(a) Compensation of Members.—Each member of the Commission may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Commission.

"(b) Travel and Travel Expenses.—(1) Members and personnel of the Commission may travel on military aircraft, military vehicles, or other military conveyances when travel is necessary in the performance of a duty of the Commission except when the cost of commercial transportation is less expensive.

"(2) The members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

"(c) Staff.—(1) The chairman of the Commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and up to five additional staff members as may be necessary to enable the Commission to perform its duties. In appointing an individual as executive director, the chairman shall, to the maximum extent practicable, attempt to appoint an individual who is a veteran. The employment of an executive director shall be subject to confirmation by the Commission.

"(2) The chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other staff members may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

"(d) Detail of Government Employees.—Upon request of the chairman of the Commission, the head of any department or agency of the Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties.

"(e) Procurement of Temporary and Intermittent Services.—The chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title.

"SEC. 706. TERMINATION OF COMMISSION.

"The Commission shall terminate 90 days after the date on which it submits its report under section 702(d)(2).

"SEC. 707. DEFINITIONS.

"For the purposes of this title:

"(1) The term 'veterans transition assistance and benefits program' means any program of the Government the purpose of which is—

"(A) to assist, by rehabilitation or other means, members of the Armed Forces in readjusting or otherwise making the transition to civilian life upon their separation from service in the Armed Forces; or

"(B) to assist veterans in making the transition to civilian life.

"(2) The term 'Armed Forces' has the meaning given such term in section 101(10) of title 38, United States Code.

"(3) The term 'veteran' has the meaning given such term in section 101(2) of title 38, United States Code.

"(4) The term 'veterans service organization' means any organization covered by section 5902(a) of title 38, United States Code.

"SEC. 708. FUNDING.

"(a) In General.—The Secretary of Defense shall, upon the request of the chairman of the Commission, make available to the Commission such amounts as the Commission may require to carry out its duties under this title. The Secretary shall make such amounts available from amounts appropriated for the Department of Defense, except that such amounts may not be from amounts appropriated for the transition assistance program (TAP), the Army career alumni program (ACAP), or any similar program.

"(b) Availability.—Any sums made available to the Commission under subsection (a) shall remain available, without fiscal year limitation, until the termination of the Commission."

Original Members of Advisory Committee

Pub. L. 104–262, title III, §333(b), Oct. 9, 1996, 110 Stat. 3200, provided that:

"(1) Notwithstanding subsection (a)(2) of section 545 of title 38, United States Code (as added by subsection (a)), the members of the Advisory Committee on the Readjustment of Vietnam and Other War Veterans on the date of the enactment of this Act [Oct. 9, 1996] shall be the original members of the advisory committee recognized under such section.

"(2) The original members shall so serve until the Secretary of Veterans Affairs carries out appointments under such subsection (a)(2). The Secretary of Veterans Affairs shall carry out such appointments as soon after such date as is practicable. The Secretary may make such appointments from among such original members."

§546. Advisory Committee on Disability Compensation

(a) Establishment.—(1) There is in the Department the Advisory Committee on Disability Compensation (in this section referred to as the "Committee").

(2) The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who—

(A) have experience with the provision of disability compensation by the Department; or

(B) are leading medical or scientific experts in relevant fields.

(3)(A) Except as provided in subparagraph (B), the Secretary shall determine the terms of service and pay and allowances of the members of the Committee.

(B) A term of service may not exceed four years and shall be staggered to ensure that the dates for the termination of the members' terms are not all the same.

(C) The Secretary may reappoint any member for one or more additional terms of service.

(4) The Secretary shall select a Chair from among the members of the Committee.

(b) Responsibilities of Committee.—(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the maintenance and periodic readjustment of the schedule for rating disabilities under section 1155 of this title.

(2)(A) In providing advice to the Secretary under this subsection, the Committee shall—

(i) assemble and review relevant information relating to the needs of veterans with disabilities;

(ii) provide information relating to the nature and character of disabilities arising from service in the Armed Forces;

(iii) provide an on-going assessment of the effectiveness of the schedule for rating disabilities; and

(iv) provide on-going advice on the most appropriate means of responding to the needs of veterans relating to disability compensation in the future.

(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account the needs of veterans who have served in a theater of combat operations.

(c) Resources.—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities.

(d) Biennial Reports to the Secretary.—(1) Not later than October 31, 2010, and not less frequently than every two years thereafter, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the payment of disability compensation. Each such report shall include—

(A) an assessment of the needs of veterans with respect to disability compensation; and

(B) such recommendations (including recommendations for administrative or legislative action) as the Committee considers appropriate.

(2) The Committee may submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(e) Biennial Reports to Congress.—(1) Not later than 90 days after the receipt of a report required under subsection (d)(1), the Secretary shall transmit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a copy of such report, together with such comments and recommendations concerning such report as the Secretary considers appropriate.

(2) The Secretary shall submit with each report required under paragraph (1) a summary of all reports and recommendations of the Committee submitted to the Secretary under subsection (d)(2) since the previous report transmitted by the Secretary under paragraph (1) of this subsection.

(f) Applicability of Chapter 10 of Title 5.—(1) Except as provided in paragraph (2), the provisions of chapter 10 of title 5 shall apply to the activities of the Committee under this section.

(2) Section 1013 of title 5 shall not apply to the Committee.

(Added Pub. L. 110–389, title II, §214(a), Oct. 10, 2008, 122 Stat. 4152; amended Pub. L. 117–286, §4(a)(218), Dec. 27, 2022, 136 Stat. 4330.)

Editorial Notes

Prior Provisions

Prior sections 560 to 562 were renumbered sections 1560 to 1562 of this title, respectively.

Prior sections 601 to 603 and 610 to 613 were renumbered sections 1701 to 1703 and 1710 to 1713 of this title, respectively.

Another prior section 613, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1143, related to fitting and training in use of prosthetic appliances, prior to repeal by section 103(b) of Pub. L. 93–82. See section 1714(a) of this title.

Prior sections 614 to 620C were renumbered sections 1714 to 1720C of this title, respectively.

Another prior section 620C, added Pub. L. 100–6, §2(a), Feb. 12, 1987, 101 Stat. 92, related to community-based psychiatric residential treatment for chronically mentally ill veterans, prior to repeal by Pub. L. 100–322, title I, §115(g)(1), May 20, 1988, 102 Stat. 502. See section 115(a)–(f) of Pub. L. 100–322, set out as a note under section 1712 of this title.

Prior sections 621 to 624 were renumbered sections 1721 to 1724 of this title, respectively.

Prior section 625, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144; Pub. L. 91–24, §6(a), June 11, 1969, 83 Stat. 34, related to arrests for crimes in hospital and domiciliary reservations, prior to repeal by Pub. L. 93–43, §§4(b), 10(a), June 18, 1973, 87 Stat. 79, 88, effective June 18, 1973.

Prior sections 626 to 631 were renumbered sections 1726 to 1731 of this title, respectively.

Another prior section 631, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1145; Pub. L. 91–24, §6(b), June 11, 1969, 83 Stat. 34, related to grants to the Republic of the Philippines, prior to repeal by section 107(a) of Pub. L. 93–82.

Prior section 632 was renumbered section 1732 of this title.

Another prior section 632, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146; Pub. L. 88–40, June 13, 1963, 77 Stat. 66; Pub. L. 89–612, §2, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91–24, §6(c), June 11, 1969, 83 Stat. 34, related to modification of agreement with the Republic of the Philippines effectuating the Act of July 1, 1948, prior to repeal by section 107(a) of Pub. L. 93–82.

Prior sections 633 to 635 and 641 to 643 were renumbered sections 1733 to 1735 and 1741 to 1743 of this title, respectively.

Prior section 644, added Pub. L. 91–178, §2(a), Dec. 30, 1969, 83 Stat. 836; amended Pub. L. 93–82, title IV, §403(b), Aug. 2, 1973, 87 Stat. 196, authorized appropriations to be used for making grants to States which had submitted and had approved applications for assistance in remodeling, modification, or alteration of existing hospital or domiciliary facilities in State homes providing care and treatment for veterans, prior to repeal by Pub. L. 95–62, §§2, 5, July 5, 1977, 91 Stat. 262, 263, effective Oct. 1, 1977, but with provision for the continuing force and effect of the terms and conditions of grants made prior to Oct. 1, 1977, under prior section 644 and with additional provision for the modification of the terms and conditions of both grants made under that section prior to Oct. 1, 1977, and of grants made under subchapter III of chapter 81 of this title prior to Oct. 1, 1977.

Prior sections 651 to 654 and 661 to 664 were renumbered sections 1751 to 1754 and 1761 to 1764 of this title, respectively.

Amendments

2022—Subsec. (f). Pub. L. 117–286, §4(a)(218)(A), substituted "Chapter 10 of Title 5" for "Federal Advisory Committee Act" in heading.

Subsec. (f)(1). Pub. L. 117–286, §4(a)(218)(B), substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act (5 U.S.C. App.)".

Subsec. (f)(2). Pub. L. 117–286, §4(a)(218)(C), substituted "Section 1013 of title 5" for "Section 14 of such Act".

§547. Advisory Committee on Tribal and Indian Affairs

(a) Establishment.—(1) The Secretary shall establish an advisory committee to provide advice and guidance to the Secretary on matters relating to Indian tribes, tribal organizations, and Native American veterans.

(2) The advisory committee established under paragraph (1) shall be known as the "Advisory Committee on Tribal and Indian Affairs" (in this section referred to as the "Committee").

(3) The Committee shall facilitate, but not supplant, government-to-government consultation between the Department and Indian tribes or tribal organizations.

(4) The Secretary shall consult with Indian tribes or tribal organizations in developing a charter for the Committee.

(b) Membership.—(1) The Committee shall be comprised of 15 voting members selected by the Secretary from among individuals nominated as specified under this subsection.

(2) In selecting members under paragraph (1), the Secretary shall ensure that—

(A) at least one member of each of the 12 service areas of the Indian Health Service is represented in the membership of the Committee nominated by Indian tribes or tribal organizations;

(B) at least one member of the Committee represents the Native Hawaiian veteran community nominated by a Native Hawaiian Organization;

(C) at least one member of the Committee represents urban Indian organizations nominated by a national urban Indian organization; and

(D) not fewer than half of the members are veterans, unless the Secretary determines that an insufficient number of qualified veterans were nominated under paragraph (1).

(3) No member of the Committee may be an employee of the Federal Government.

(c) Terms; Vacancies.—(1) A member of the Committee shall be appointed for a term of two years.

(2) The Secretary shall fill a vacancy in the Committee in the same manner as the original appointment within 180 days.

(d) Meetings.—(1)(A) Except as provided in subparagraph (B), the Committee shall meet in-person with the Secretary, or the Secretary's designee, not less frequently than twice each year and hold monthly conference calls as necessary.

(B) During a public health emergency (as defined in section 20003 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136)), meetings under subparagraph (A) may be conducted virtually.

(2)(A) Representatives of relevant Federal agencies may attend meetings of the Committee and provide information to the Committee.

(B) One representative of the Office of Tribal Government Relations of the Department shall attend at each meeting of the Committee.

(C) Representatives attending meetings under this paragraph shall not be considered voting members of the Committee.

(D) A representative attending a meeting or providing information under this paragraph may not receive additional compensation for services performed with respect to the Committee.

(e) Subcommittees.—(1) The Committee may establish subcommittees.

(2) The Secretary may, in consultation with the Committee, appoint a member to a subcommittee established under paragraph (1) who is not a member of the Committee.

(3) Such subcommittees may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the Department.

(f) Duties.—The duties of the Committee are as follows:

(1) To advise the Secretary on ways the Department can improve the programs and services of the Department to better serve Native American veterans.

(2) To identify for the Department evolving issues of relevance to Indian tribes, tribal organizations, and Native American veterans relating to programs and services of the Department.

(3) To propose clarifications, recommendations, and solutions to address issues raised at tribal, regional, and national levels, especially regarding any tribal consultation reports.

(4) To provide a forum for Indian tribes, tribal organizations, urban Indian organizations, Native Hawaiian organizations, and the Department to discuss issues and proposals for changes to Department regulations, policies, and procedures.

(5) To identify priorities and provide advice on appropriate strategies for tribal consultation and urban Indian organizations conferring on issues at the tribal, regional, or national levels.

(6) To ensure that pertinent issues are brought to the attention of Indian tribes, tribal organizations, urban Indian organizations, and Native Hawaiian organizations in a timely manner, so that feedback can be obtained.

(7) To encourage the Secretary to work with other Federal agencies and Congress so that Native American veterans are not denied the full benefit of their status as both Native Americans and veterans.

(8) To highlight contributions of Native American veterans in the Armed Forces.

(9) To make recommendations on the consultation policy of the Department on tribal matters.

(10) To support a process to develop an urban Indian organization confer policy to ensure the Secretary confers, to the maximum extent practicable, with urban Indian organizations.

(11) To conduct other duties as recommended by the Committee.

(g) Reports.—(1) Not less frequently than once each year, the Committee shall submit to the Secretary and the appropriate committees of Congress such recommendations as the Committee may have for legislative or administrative action for the upcoming year.

(2) Not later than 90 days after the date on which the Secretary receives a recommendation under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a written response to the recommendation.

(3) Not less frequently than once every two years, the Committee shall submit to the Secretary and the appropriate committees of Congress a report describing the activities of the Committee during the previous two years.

(4) The Secretary shall make publicly available on an Internet website of the Department—

(A) each recommendation the Secretary receives under paragraph (1);

(B) each response the Secretary submits under paragraph (2); and

(C) each report the Secretary receives under paragraph (3).

(h) Committee Personnel Matters.—A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee.

(i) Federal Advisory Committee Act Exemption.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) ¹ shall not apply to the Committee.

(j) Definitions.—In this section:

(1) The term "appropriate committees of Congress" means—

(A) the Committee on Veterans' Affairs and the Committee on Indian Affairs of the Senate; and

(B) the Committee on Veterans' Affairs and the Committee on Natural Resources of the House of Representatives.

(2) The term "Indian tribe" has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(3) The term "Native Hawaiian organization" means any organization that—

(A) serves the interests of Native Hawaiians;

(B) has Native Hawaiians in substantive and policymaking positions within the organization;

(C) has demonstrated experience working with Native Hawaiian veterans; and

(D) shall include the Office of Hawaiian Affairs.

(4) The term "Native American veteran" has the meaning given such term in section 3765 of this title.

(5) The term "Office of Hawaiian Affairs" means the Office of Hawaiian Affairs established by the constitution of the State of Hawaii.

(6) The term "tribal organization" has the meaning given such term in section 3765 of this title.

(7) The term "urban Indian organization" has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).

(Added Pub. L. 116–315, title VII, §7002(a)(1), Jan. 5, 2021, 134 Stat. 5054.)

Editorial Notes

References in Text

Section 20003 of the Coronavirus Aid, Relief, and Economic Security Act, referred to in subsec. (d)(1)(B), is section 20003 of Pub. L. 116–136, div. B, title X, Mar. 27, 2020, 134 Stat. 585, which is set out as a Definition of "Public Health Emergency" note under section 303 of this title.

Section 14 of the Federal Advisory Committee Act, referred to in subsec. (i), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361.

Statutory Notes and Related Subsidiaries

Deadlines for Establishment, Initial Appointments, and Initial Meeting

Pub. L. 116–315, title VII, §7002(b)–(d), Jan. 5, 2021, 134 Stat. 5057, provided that:

"(b) Deadline for Establishment.—The Secretary of Veterans Affairs shall establish the advisory committee required by section 547 of title 38, United States Code, as added by subsection (a)(1), not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021].

"(c) Deadline for Initial Appointments.—Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section, the Secretary shall appoint members under subsection (b)(1) of such section.

"(d) Initial Meeting.—Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section, such advisory committee shall hold its first meeting."

¹ See References in Text note below.

§548. Advisory Committee on United States Outlying Areas and Freely Associated States

(a) Establishment.—The Secretary shall establish an advisory committee, to be known as the "Advisory Committee on United States Outlying Areas and Freely Associated States", to provide advice and guidance to the Secretary on matters relating to covered veterans.

(b) Duties.—The duties of the Committee shall be the following:

(1) To advise the Secretary on matters relating to covered veterans, including how the Secretary may improve the programs and services of the Department to better serve such veterans.

(2) To identify for the Secretary evolving issues of relevance to covered veterans.

(3) To propose clarifications, recommendations, and solutions to address issues raised by covered veterans.

(4) To provide a forum for covered veterans, veterans service organizations serving covered veterans, and the Department to discuss issues and proposals for changes to regulations, policies, and procedures of the Department.

(5) To identify priorities for and provide advice to the Secretary on appropriate strategies for consultation with veterans service organizations serving covered veterans.

(6) To encourage the Secretary to work with the heads of other Federal departments and agencies, and Congress, to ensure covered veterans are provided the full benefits of their status as covered veterans.

(7) To highlight contributions of covered veterans in the Armed Forces.

(8) To conduct other duties as determined appropriate by the Secretary.

(c) Membership.—(1) The Committee shall be comprised of 15 voting members appointed by the Secretary.

(2) In appointing members pursuant to paragraph (1), the Secretary shall ensure the following:

(A) At least one member is appointed to represent covered veterans in each of the following areas:

(i) American Samoa.

(ii) Guam.

(iii) Puerto Rico.

(iv) The Commonwealth of the Northern Mariana Islands.

(v) The Virgin Islands of the United States.

(vi) The Federated States of Micronesia.

(vii) The Republic of the Marshall Islands.

(viii) The Republic of Palau.

(B) Not fewer than half of the members appointed are covered veterans, unless the Secretary determines that an insufficient number of qualified covered veterans are available.

(C) Each member appointed resides in an area specified in subparagraph (A).

(3) In appointing members pursuant to paragraph (1), the Secretary may consult with any Member of Congress who represents an area specified in paragraph (2)(A).

(4) In addition to the members appointed pursuant to paragraph (1), the Committee shall be comprised of such ex officio members as the Secretary of State and the Secretary of the Interior shall appoint from among employees of the Department of State and the Department of the Interior, respectively.

(d) Terms; Vacancies.—(1) A member of the Committee—

(A) shall be appointed for a term of two years; and

(B) may be reappointed to serve an additional two-year term.

(2) Not later than 180 days after the Secretary (or in the case of an ex officio member, the Secretary of State or the Secretary of the Interior, as the case may be) receives notice of a vacancy in the Committee, the vacancy shall be filled in the same manner as the original appointment.

(e) Meeting Format and Frequency.—(1) Except as provided in paragraph (2), the Committee shall meet in-person with the Secretary not less frequently than once each year and hold monthly conference calls as necessary.

(2) Meetings held under paragraph (1) may be conducted virtually if determined necessary based on—

(A) Department protocols; and

(B) timing and budget considerations.

(f) Additional Representation.—(1) Representatives of relevant Federal departments and agencies may attend meetings of the Committee and provide information to the Committee.

(2) One representative of the Department shall attend each meeting of the Committee.

(3) Representatives attending meetings under this subsection—

(A) may not be considered voting members of the Committee; and

(B) may not receive additional compensation for services performed with respect to the Committee.

(g) Subcommittees.—(1) The Committee may establish subcommittees.

(2) The Secretary may, in consultation with the Committee, appoint a member to a subcommittee established under paragraph (1) who is not a member of the Committee.

(3) A subcommittee established under paragraph (1) may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the Secretary.

(h) Reports.—(1) Not less frequently than once every two years, the Committee shall submit to the Secretary and the appropriate congressional committees a report—

(A) containing such recommendations as the Committee may have for legislative or administrative action; and

(B) describing the activities of the Committee during the previous two years.

(2) Not later than 120 days after the date on which the Secretary receives a report under paragraph (1), the Secretary shall submit to the appropriate congressional committees a written response to the report after—

(A) giving the Committee an opportunity to review such written response; and

(B) including in such written response any comments the Committee considers appropriate.

(3) The Secretary shall make publicly available on an internet website of the Department—

(A) each report the Secretary receives under paragraph (1); and

(B) each written response the Secretary submits under paragraph (2).

(i) Committee Personnel Matters.—A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee.

(j) Consultation.—In carrying out this section, the Secretary shall consult with veterans service organizations serving covered veterans.

(k) Termination.—The Committee shall terminate on the date that is 10 years after the date of the enactment of this section.

(l) Definitions.—In this section:

(1) The term "appropriate congressional committees" means—

(A) the Committee on Veterans' Affairs of the House of Representatives; and

(B) the Committee on Veterans' Affairs of the Senate.

(2) The term "Committee" means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a).

(3) The term "covered veteran" means a veteran residing in an area specified in subsection (c)(2)(A).

(4) The term "veterans service organization serving covered veterans" means any organization that—

(A) serves the interests of covered veterans;

(B) has covered veterans in substantive and policymaking positions within the organization; and

(C) has demonstrated experience working with covered veterans.

(Added Pub. L. 117–263, div. E, title LI, §5102(a), Dec. 23, 2022, 136 Stat. 3205.)

Statutory Notes and Related Subsidiaries

Deadlines for Establishment, Initial Appointments, and Initial Meeting

Pub. L. 117–263, div. E, title LI, §5102(b)–(d), Dec. 23, 2022, 136 Stat. 3208, provided that:

"(b) Deadline for Establishment.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Veterans Affairs shall establish the advisory committee required by section 548 of title 38, United States Code, as added by subsection (a) of this section.

"(c) Deadline for Initial Appointments.—Not later than 90 days after the date on which the Secretary establishes the advisory committee required by such section 548, the members of such advisory committee shall be appointed.

"(d) Initial Meeting.—Not later than 180 days after the date on which the Secretary establishes the advisory committee required by such section 548, such advisory committee shall hold its first meeting."

CHAPTER 7—EMPLOYEES

SUBCHAPTER I—GENERAL EMPLOYEE MATTERS

        

SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS

        

SUBCHAPTER III—EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM

        

Editorial Notes

Amendments

2022—Pub. L. 117–168, §1(b)(2), title IX, §§907, 909, Aug. 10, 2022, 136 Stat. 1759, 1813, 1815, added items 704 and 706.

2018—Pub. L. 115–407, title V, §501(b), Dec. 31, 2018, 132 Stat. 5376, which directed adding item 728 after item 728, was executed by adding item 728 after item 727 to reflect the probable intent of Congress.

Pub. L. 115–188, §2(b), June 21, 2018, 132 Stat. 1491, which directed adding item 727 after item 725, was executed by adding item 727 after item 726 to reflect the probable intent of Congress.

Pub. L. 115–182, title V, §501(b), June 6, 2018, 132 Stat. 1475, added item 726.

2017—Pub. L. 115–46, title II, §§202(c), 203(b), Aug. 12, 2017, 131 Stat. 962, added item 725 and added item for subchapter III and item 741.

Pub. L. 115–41, title I, §102(b), title II, §§201(c), 202(b)(1), 203(a)(2), 204(b), 205(b), June 23, 2017, 131 Stat. 867, 869, 873, 875-877, substituted "removal, demotion, or suspension" for "removal" in item 713, added items 714, 719, 721, 723, and 731 to 733, and struck out former items 731 "Whistleblower complaint defined", 732 "Treatment of whistleblower complaints", and 733 "Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints", and items 734 "Evaluation criteria of supervisors and treatment of bonuses", 735 "Training regarding whistleblower complaints", and 736 "Reports to Congress".

2016—Pub. L. 114–315, title V, §503(a)(2), Dec. 16, 2016, 130 Stat. 1568, added item 717.

Pub. L. 114–223, div. A, title II, §247(a)(2)(B), (b)(2), Sept. 29, 2016, 130 Stat. 890, 891, added item for subchapter I, added item 715, and added item for subchapter II and items 731 to 736.

2014—Pub. L. 113–146, title VII, §707(a)(2), Aug. 7, 2014, 128 Stat. 1800, added item 713.

2001—Pub. L. 107–103, title V, §509(a)(2), Dec. 27, 2001, 115 Stat. 997, struck out item 712 "Full-time equivalent positions: limitation on reduction".

1994—Pub. L. 103–446, title XI, §1102(b), Nov. 2, 1994, 108 Stat. 4681, added item 712.

SUBCHAPTER I—GENERAL EMPLOYEE MATTERS

Editorial Notes

Amendments

2016—Pub. L. 114–223, div. A, title II, §247(a)(2)(A), Sept. 29, 2016, 130 Stat. 890, inserted subchapter heading.

§701. Placement of employees in military installations

The Secretary may place employees of the Department in such Army, Navy, Air Force, and Space Force installations as may be considered advisable for the purpose of adjudicating disability claims of, and giving aid and advice to, members of the Armed Forces who are about to be discharged or released from active military, naval, air, or space service.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 394; amended Pub. L. 116–283, div. A, title IX, §926(a)(4), (c), Jan. 1, 2021, 134 Stat. 3830, 3831.)

Editorial Notes

Prior Provisions

Prior sections 701 and 702 were renumbered sections 1901 and 1902 of this title, respectively.

Provisions similar to those in this section were contained in section 231 of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2021—Pub. L. 116–283 substituted "Air Force, and Space Force" for "and Air Force" and "air, or space service" for "or air service".

Statutory Notes and Related Subsidiaries

Department of Veterans Affairs Communication With Employees Responsible for Homelessness Assistance Programs

Pub. L. 117–328, div. U, title III, §308, Dec. 29, 2022, 136 Stat. 5473, provided that: "The Under Secretary for Health of the Department of Veterans Affairs shall clearly communicate with employees of the Department of Veterans Affairs whose responsibilities are related to homelessness assistance programs regarding—

"(1) the measurement of performance of such programs by the Homeless Programs Office of the Department; and

"(2) how to obtain and provide feedback about performance measures."

Reemployment of Former Employees at Department of Veterans Affairs

Pub. L. 115–46, title II, §204, Aug. 12, 2017, 131 Stat. 963, provided that:

"(a) In General.—Notwithstanding sections 3309 through 3318 of title 5, United States Code, the Secretary of Veterans Affairs may noncompetitively appoint a qualified former career or career conditional employee to any position within the competitive service at the Department of Veterans Affairs that is one grade or equivalent higher than the grade or equivalent of the position at the Department most recently occupied by the employee.

"(b) Limitation.—The Secretary may not appoint a qualified former employee to a position that is more than one grade (or equivalent) higher than the position at the Department most recently occupied by the employee.

"(c) Definition of Qualified Former Employee.—For purposes of this section, the term 'qualified former employee' means any individual who—

"(1) formerly occupied any career or career conditional position at the Department of Veterans Affairs within 2 years before applying for reemployment at the Department;

"(2) voluntarily left such position, or was subject to a reduction in force, and had a satisfactory performance record while occupying such position; and

"(3) since leaving such position has maintained licensing requirements, related to the position, if any, and gained skill, knowledge, or other factors related to the position."

Promotional Opportunities for Technical Experts at Department of Veterans Affairs

Pub. L. 115–46, title II, §205, Aug. 12, 2017, 131 Stat. 963, provided that: "Not later than one year after the date of the enactment of this Act [Aug. 12, 2017], the Secretary of Veterans Affairs shall establish a promotional track system for employees of the Department of Veterans Affairs that the Secretary determines are technical experts pursuant to regulations prescribed by the Secretary for purposes of carrying out this section. Such system shall—

"(1) provide any such employee the opportunity to advance within the Department without being required to transition to a management position; and

"(2) for purposes of achieving career advancement—

"(A) provide for the establishment of new positions within the Department; and

"(B) notwithstanding any other provision of law, provide for increases in pay for any such employee."

Employment of Students and Recent Graduates by Department of Veterans Affairs

Pub. L. 115–46, title II, §206, Aug. 12, 2017, 131 Stat. 963, provided that:

"(a) In General.—The Secretary of Veterans Affairs shall prescribe regulations to allow for excepted service appointments of students and recent graduates leading to conversion to career or career conditional employment of a student or recent graduate of a qualifying educational institution, as defined by the Department.

"(b) Applicability.—The conversion authority described in subsection (a) shall be applicable to individuals in good standing who—

"(1) are employed in a qualifying internship or fellowship program at the Department;

"(2) are employed in the Department in a volunteer capacity and performing substantive duties comparable to those of individuals in internship or fellowship programs and meet the required number of hours for conversion;

"(3) are employed in the Department under a contract or agreement with an external nonprofit organization and performing substantive duties comparable to those of individuals in internship or fellowship programs;

"(4) have received educational assistance under chapter 33 of title 38, United States Code; or

"(5) graduated from a qualifying educational institution, as defined by the Department, and have not reached 30 years of age.

"(c) Uniformity.—For the purposes of paragraphs (2) and (3) of subsection (b), hours of work performed by an individual employed shall be considered equal to those performed by an individual employed in a qualifying internship or fellowship program by the Department."

Recruiting Database at Department of Veterans Affairs

Pub. L. 115–46, title II, §208, Aug. 12, 2017, 131 Stat. 964, provided that:

"(a) Establishment.—The Secretary of Veterans Affairs shall establish a single database that lists—

"(1) each vacant position in the Department of Veterans Affairs that the Secretary determines is critical to the mission of the Department, difficult to fill, or both; and

"(2) each vacant position in the Department of Veterans Affairs for a mental health professional.

"(b) Qualified Applicant.—If the Secretary determines that an applicant for a vacant position listed in the database established under subsection (a) is qualified for such position but does not select the applicant for such position, the Secretary, at the election of the applicant, may consider the applicant for other similar vacant positions listed in the database for which the applicant is qualified.

"(c) Prolonged Vacancies.—If the Secretary does not fill a vacant position listed in the database established under subsection (a) after a period determined appropriate by the Secretary, the Secretary—

"(1) may ensure that applicants described in subsection (b) are considered for such position; and

"(2) may use the database established under subsection (a) to assist in filling such position.

"(d) Report.—Not later than one year after the date of the enactment of this Act [Aug. 12, 2017], the Secretary shall submit to Congress a report on the use and efficacy of the database established under subsection (a)."

Exit Surveys at Department of Veterans Affairs

Pub. L. 115–46, title II, §211, Aug. 12, 2017, 131 Stat. 966, provided that:

"(a) Exit Surveys Required.—

"(1) In general.—The Secretary of Veterans Affairs shall develop and carry out a standardized exit survey to be voluntarily completed by career and noncareer employees and executives of the Department of Veterans Affairs who voluntarily separate from the Department.

"(2) Consultation.—Such exit survey shall be developed in consultation with an appropriate non-Department entity with experience developing such surveys.

"(b) Survey Content.—The survey shall include, at a minimum, the following:

"(1) Reasons for leaving the Department.

"(2) Efforts made by the supervisor of the employee to retain the individual.

"(3) The extent of job satisfaction and engagement during the employment.

"(4) The intent of [the] employee to either remain employed within the Federal Government or to leave employment with the Federal Government.

"(5) Such other matters as the Secretary determines appropriate.

"(c) Anonymity of Survey Content.—The Secretary shall ensure that data collected under subsection (a)—

"(1) is anonymized, including through the use of a location that allows for privacy;

"(2) is not directly visible by another employee; and

"(3) does not require the departing employee to input any personally identifiable data.

"(d) Sharing of Survey Data.—The Secretary shall ensure that the results of the survey required by subsection (a) are—

"(1) aggregated at the Veterans Integrated Service Network level; and

"(2) shared on an annual basis with directors and managers of facilities of the Department and the Veterans Integrated Service Networks.

"(e) Annual Report.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Aug. 12, 2017] and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the aggregate results of the exit survey under subsection (a) covering the year prior to the report.

"(2) Contents.—Each report submitted under paragraph (1) shall include, for the period covered by the report, the following:

"(A) An analysis of the most common reasons employees choose to leave the Department.

"(B) The steps the Secretary is taking to improve retention, particularly for mission-critical occupations.

"(C) The demographic characteristics of employees choosing to leave the Department.

"(D) Any legislative barriers to improving employee retention.

"(E) The total number of employees who voluntarily separated from the Department and the number and percentage of whom took the exit survey under subsection (a)."

§703. Miscellaneous authorities respecting employees

(a) The Secretary may furnish and launder such wearing apparel as may be prescribed for employees in the performance of their official duties.

(b) The Secretary may transport children of Department employees located at isolated stations to and from school in available Government-owned automotive equipment.

(c) The Secretary may provide recreational facilities, supplies, and equipment for the use of patients in hospitals and employees in isolated installations.

(d) The Secretary may provide for the preparation, shipment, installation, and display of exhibits, photographic displays, moving pictures, and other visual educational information and descriptive material. For the purposes of the preceding sentence, the Secretary may purchase or rent equipment.

(e) The Secretary may reimburse employees for the cost of repairing or replacing their personal property damaged or destroyed by patients or domiciliary members while such employees are engaged in the performance of their official duties.

(f)(1) The Secretary, upon determining that an emergency situation exists and that such action is necessary for the effective conduct of the affairs of the Department, may use Government-owned, or leased, vehicles to transport employees to and from their place of employment and the nearest adequate public transportation or, if such public transportation is either unavailable or not feasible to use, to and from their place of employment and their home.

(2) The Secretary shall establish reasonable rates to cover the cost of the service rendered under this subsection, and all proceeds collected therefrom shall be applied to the applicable appropriation.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 394.)

Editorial Notes

Prior Provisions

A prior section 703 was renumbered section 1903 of this title.

Provisions similar to those in this section were contained in section 233 of this title prior to repeal by Pub. L. 102–83, §2(a).

Statutory Notes and Related Subsidiaries

Outreach on Availability of Mental Health Services Available to Employees of the Department of Veterans Affairs

Pub. L. 115–73, title II, §202, Oct. 26, 2017, 131 Stat. 1241, provided that: "The Secretary of Veterans Affairs shall conduct a program of outreach to employees of the Department of Veterans Affairs to inform those employees of any mental health services, including telemedicine options, that are available to them."

Protocols To Address Threats Against Employees of the Department of Veterans Affairs

Pub. L. 115–73, title II, §203, Oct. 26, 2017, 131 Stat. 1241, provided that: "The Secretary of Veterans Affairs shall ensure protocols are in effect to address threats from individuals receiving health care from the Department of Veterans Affairs directed towards employees of the Department who are providing such health care."

Clinic Management Training for Employees at Medical Facilities of the Department of Veterans Affairs

Pub. L. 113–146, title III, §303, Aug. 7, 2014, 128 Stat. 1788, provided that:

"(a) Clinic Management Training Program.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Aug. 7, 2014], the Secretary of Veterans Affairs shall commence a role-specific clinic management training program to provide in-person, standardized education on systems and processes for health care practice management and scheduling to all appropriate employees, as determined by the Secretary, at medical facilities of the Department.

"(2) Elements.—

"(A) In general.—The clinic management training program required by paragraph (1) shall include the following:

"(i) Training on how to manage the schedules of health care providers of the Department, including the following:

     "(I) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance.

     "(II) Proper planning procedures for vacation, leave, and graduate medical education training schedules.

"(ii) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty.

"(iii) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots.

"(iv) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department.

"(v) Training on how to optimize the use of technology, including the following:

     "(I) Telemedicine.

     "(II) Electronic mail.

     "(III) Text messaging.

     "(IV) Such other technologies as specified by the Secretary.

"(vi) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff.

"(B) Role-specific.—The Secretary shall ensure that each employee of the Department included in the clinic management training program required by paragraph (1) receives education under such program that is relevant to the responsibilities of such employee.

"(3) Sunset.—The clinic management training program required by paragraph (1) shall terminate on the date that is 2 years after the date on which the Secretary commences such program.

"(b) Training Materials.—

"(1) In general.—After the termination of the clinic management training program required by subsection (a), the Secretary shall provide training materials on health care management to each of the following employees of the Department that are relevant to the position and responsibilities of such employee upon the commencement of employment of such employee:

"(A) Any manager of a medical facility of the Department.

"(B) Any health care provider at a medical facility of the Department.

"(C) Such other employees of the Department as the Secretary considers appropriate.

"(2) Update.—The Secretary shall regularly update the training materials required under paragraph (1)."

[For definition of "facility of the Department" as used in section 303 of Pub. L. 113–146, set out above, see section 2 of Pub. L. 113–146, set out as a note under section 1701 of this title.]

Limitation on Awards and Bonuses Paid to Employees of Department of Veterans Affairs

Pub. L. 113–146, title VII, §705, Aug. 7, 2014, 128 Stat. 1798, as amended by Pub. L. 114–198, title IX, §951, July 22, 2016, 130 Stat. 778; Pub. L. 115–182, title III, §305, June 6, 2018, 132 Stat. 1469; Pub. L. 117–168, title IX, §908(a), Aug. 10, 2022, 136 Stat. 1814, provided that:

"(a) Limitation.—The Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the following amounts:

"(1) With respect to each of fiscal years 2017 through 2018, $250,000,000, of which not less than $20,000,000 shall be for recruitment, relocation, and retention bonuses.

"(2) With respect to each of fiscal years 2019 through 2021, $290,000,000, of which not less than $20,000,000 shall be for recruitment, relocation, and retention bonuses.

"(b) Sense of Congress.—It is the sense of Congress that the limitation under subsection (a) should not disproportionately impact lower-wage employees and that the Department of Veterans Affairs is encouraged to use bonuses to incentivize high-performing employees in areas in which retention is challenging."

[Pub. L. 117–168, title IX, §908(b), Aug. 10, 2022, 136 Stat. 1815, provided that: "Subsection (a) [amending section 705 of Pub. L. 113–146, set out above] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and apply as if such subsection had been enacted on September 30, 2021."]

§704. Waiver of pay limitation for certain employees

(a) Employees of Veterans Health Administration Impacted by Closure or Realignment.—Notwithstanding any other provision of law, the Secretary may waive any annual premium or aggregate limitation on pay for an employee of the Veterans Health Administration for the calendar year during which—

(1) the official duty station of the employee is closed; or

(2) the office, facility, activity, or organization of the employee is realigned.

(b) Employees Providing Care to Veterans Exposed to Open Burn Pits.—

(1) In general.—Notwithstanding any other provision of law, the Secretary may waive any annual premium or aggregate limitation on pay for an employee of the Department whose primary duties include providing expanded care for veterans exposed to open burn pits.

(2) Open burn pit defined.—In this subsection, the term "open burn pit" has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

(c) Coordination With Office of Personnel Management.—In implementing this section, the Secretary shall coordinate with the Director of the Office of Personnel Management.

(d) Reports.—

(1) In general.—For each quarter that the Secretary waives a limitation under this section, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and the Office of Personnel Management a report on the waiver or waivers.

(2) Contents.—Each report submitted under paragraph (1) with respect to a waiver or waivers shall include the following:

(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 pay limitation that was waived, disaggregated by component of the Department and, if applicable, medical center of the Department.

(e) Employee Defined.—In this section, the term "employee" means any employee regardless of the authority under which the employee was hired.

(f) Termination.—This section shall terminate on September 30, 2027.

(Added Pub. L. 117–168, title IX, §907, Aug. 10, 2022, 136 Stat. 1814.)

Editorial Notes

Prior Provisions

A prior section 704 was renumbered section 1904 of this title.

§705. Telephone service for medical officers and facility directors

The Secretary may pay for official telephone service and rental in the field whenever incurred in case of official telephones for directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Department where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations prescribed by the Secretary.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 395.)

Editorial Notes

Prior Provisions

A prior section 705 was renumbered section 1905 of this title.

Provisions similar to those in this section were contained in section 234 of this title prior to repeal by Pub. L. 102–83, §2(a).

§706. Additional authority relating to recruitment and retention of personnel

(a) Recruitment and Relocation Bonuses.—The Secretary may pay a recruitment or relocation bonus under section 5753(e) of title 5 without regard to any requirements for certification or approval under that section.

(b) Retention Bonuses.—(1) The Secretary may pay a retention bonus under section 5754(f) of title 5 without regard to any requirement for certification or approval under that subsection.

(2) The Secretary may pay a retention bonus as specified in subsection (e)(2) of section 5754 of title 5 and may pay the bonus as a single lump-sum payment at the beginning of the full period of service required by an agreement under subsection (d) of such section.

(c) Merit Awards.—The Secretary may grant a cash award under section 4502(b) of title 5 without regard to any requirement for certification or approval under that section.

(d) Incentives for Critical Skills.—(1) Subject to the provisions of this paragraph, the Secretary may provide a critical skill incentive to an employee in a case in which the Secretary determines—

(A) the employee possesses a high-demand skill or skill that is at a shortage;

(B) such skill is directly related to the duties and responsibilities of the employee's position; and

(C) employment of an individual with such skill in such position serves a critical mission-related need of the Department.

(2) An incentive provided to an employee under paragraph (1) may not to ¹ exceed 25 percent of the basic pay of the employee.

(3) Provision of an incentive under paragraph (1) shall be contingent on the employee entering into a written agreement to complete a period of employment with the Department.

(4) An incentive provided under paragraph (1) shall not be considered basic pay for any purpose.

(5) The Secretary may prescribe conditions, including with respect to eligibility, and limitations on provision of incentive ² under paragraph (1).

(6) Incentive ³ provided under paragraph (1) shall not be included in the calculation of total amount of compensation under section 7431(e)(4) of this title.

(e) Student Loan Repayments.—(1) Subject to the provisions of this subsection, the Secretary may repay a student loan pursuant to section 5379(b) of title 5.

(2) Paragraph (2) of such section shall not apply to payment under this subsection.

(3) Payment under this subsection shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the Secretary and the employee concerned, except that the amount paid by the Secretary under this subsection may not exceed—

(A) $40,000 for any employee in any calendar year; or

(B) a total of $100,000 in the case of any employee.

(f) Expedited Hiring Authority for College Graduates; Competitive Service.—(1) Subject to paragraph (2) of this subsection, the Secretary may expedite hiring for college graduates under section 3115 of title 5 without regard to subsection (e) of such section or any regulations prescribed by the Office of Personnel Management for administration of such subsection.

(2) The number of employees the Secretary may appoint under section 3115 of title 5 may not exceed the number equal to 25 percent of individuals that the Secretary appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure.

(g) Expedited Hiring Authority for Post-secondary Students; Competitive Service.—(1) Subject to paragraph (2) of this subsection, the Secretary may expedite hiring of post-secondary students under section 3116 of title 5, without regard to subsection (d) of such section or any regulations prescribed by the Office of Personnel Management for administration of such subsection.

(2) The number of employees the Secretary may appoint under section 3116 of title 5 may not exceed the number equal to 25 percent of the number of students that the Secretary appointed during the previous fiscal year to a position at the GS–11 level, or an equivalent level, or below.

(h) Pay Authority for Critical Positions.—(1) Subject to the provisions of this subsection, the Secretary may authorize the fixing of the rate of pay for a critical position in the Department consistent with the authorities and requirements of section 5377 of title 5 that apply to the Office of Personnel Management.

(2) The Secretary may fix the rate of pay for a critical position under this subsection in excess of the limitation set forth by section 5377(d)(2) of such title.

(3) Basic pay may not be fixed under this subsection at a rate greater than the rate payable for the Vice President of the United States established under section 104 of title 3, except upon written approval of the President.

(4) Notwithstanding section 5377(f) of title 5, the Secretary may authorize the exercise of authority under this subsection with respect to up to 200 positions at any time.

(i) Rates of Special Pay.—(1) The Secretary may establish a rate for special pay under section 5305(a)(1) of title 5.

(2) In applying such section to the Secretary's authority under paragraph (1)—

(A) "50 percent" shall be substituted for "30 percent"; and

(B) "level II of the Executive Schedule" shall be substituted for "level IV of the Executive Schedule".

(j) Waiver of Limitations on Certain Payments Under Pay Comparability System.—The Secretary may waive the limitation in section 5307 of title 5 for an employee or a payment.

(k) Termination.—The authorities under this section shall terminate on September 30, 2027.

(Added Pub. L. 117–168, title IX, §909, Aug. 10, 2022, 136 Stat. 1815.)

Editorial Notes

References in Text

GS–11, referred to in subsecs. (f)(2) and (g)(2), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.

Levels II and IV of the Executive Schedule, referred to in subsec. (i)(2)(B), are set out in sections 5313 and 5315, respectively, of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 706 was renumbered section 1906 of this title.

¹ So in original. The word "to" probably should not appear.

² So in original. Probably should be preceded by "an".

³ So in original. Probably should be "An incentive".

§707. Benefits for employees at overseas offices who are United States citizens

(a) The Secretary may, under such rules and regulations as may be prescribed by the President or the President's designee, provide to personnel of the Department who are United States citizens and are assigned by the Secretary to the Department offices in the Republic of the Philippines allowances and benefits similar to those provided by the following provisions of law:

(1) Section 905 of the Foreign Service Act of 1980 (relating to allowances to provide for the proper representation of the United States).

(2) Sections 901(1), (2), (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service Act of 1980 (relating to travel expenses).

(3) Section 901(13) of the Foreign Service Act of 1980 (relating to transportation of automobiles).

(4) Section 903 of the Foreign Service Act of 1980 (relating to the return of personnel to the United States on leave of absence).

(5) Section 904(d) of the Foreign Service Act of 1980 (relating to payments by the United States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization).

(6) Section 5724a(c) of title 5 (relating to subsistence expenses for 60 days in connection with the return to the United States of the employee and such employee's immediate family).

(7) Section 5724a(d) of title 5 (relating to the sale and purchase of the residence or settlement of an unexpired lease of the employee when transferred from one station to another station and both stations are in the United States, its territories or possessions, or the Commonwealth of Puerto Rico).

(b) The authority in subsection (a) supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Department provided by title 5 and the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.).

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 395; amended Pub. L. 104–201, div. A, title XVII, §1723(a)(2), Sept. 23, 1996, 110 Stat. 2759.)

Editorial Notes

References in Text

The Foreign Service Act of 1980, referred to in subsecs. (a)(1)–(5) and (b), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of Title 22, Foreign Relations and Intercourse. Sections 901, 903, 904(d), and 905 of the Foreign Service Act of 1980 are classified to sections 4081, 4083, 4084(d), and 4085, respectively of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.

Prior Provisions

Prior sections 707 and 708 were renumbered sections 1907 and 1908 of this title, respectively.

Provisions similar to those in this section were contained in section 235 of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

1996—Subsec. (a)(6). Pub. L. 104–201, §1723(a)(2)(A), substituted "Section 5724a(c)" for "Section 5724a(a)(3)".

Subsec. (a)(7). Pub. L. 104–201, §1723(a)(2)(B), substituted "Section 5724a(d)" for "Section 5724a(a)(4)".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of Title 5, Government Organization and Employees.

Executive Documents

Ex. Ord. No. 12228. Allowances for Personnel on Foreign Duty

Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:

By the authority vested in me as President of the United States of America by Sections 7 and 8 of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended (20 U.S.C. 905–906), Section 235 [see 707] of Title 38 of the United States Code, and Section 301 of Title 3 of the United States Code, and in order to delegate authority with respect to allowances for Veterans Administration [now Department of Veterans Affairs] personnel and to update existing authorities, it is hereby ordered as follows:

1–101. Payment of the additional compensation authorized by Section 8(a)(2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended, shall be governed by the regulations contained in Executive Order No. 10000, as amended [set out as a note under section 5941 of Title 5, Government Organization and Employees], which govern the payment of additional compensation in foreign areas (referred to as foreign post differential), subject to the provisions of Section 8(b) of that Act (20 U.S.C. 906(a)(2) and (b)).

1–102. The following functions vested in the President are delegated to the Secretary of State:

(a) That part of the functions in Section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act which consists of the authority to prescribe regulations relating to quarters and quarters allowances (20 U.S.C. 905(a)).

(b) The authority in Section 8(a)(1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act to prescribe regulations relating to cost of living allowances (20 U.S.C. 906(a)(1)).

(c) The following authority in Section 235 [see 707] of Title 38 of the United States Code to prescribe rules and regulations:

(1) Section 235(2) [see 707(2)], except as that section pertains to an allowance similar to that provided for in Section 901(6) of the Foreign Service Act of 1980 (22 U.S.C. 4081(6));

(2) Section 235(3) [see 707(3)];

(3) Section 235(5) [see 707(5)];

(4) Section 235(6) [see 707(6)]; and

(5) Section 235(7) [see 707(7)].

1–103. The following functions vested in the President by Section 235 [see 707] of Title 38 of the United States Code are delegated to the Administrator of the Veterans Administration [now Secretary of Veterans Affairs]. The authority with respect to the allowances or benefits of paragraphs (1) and (4) of Section 235 [see 707(1), (4)] which are similar to the benefits and allowances provided in the sections of the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], designated in those paragraphs.

1–104. Executive Order No. 10853 [not classified to Code], as amended, is revoked. The rules and regulations which were prescribed by the Secretary of State or the Administrator of the Veterans Administration [now Secretary of Veterans Affairs] pursuant to Executive Order No. 10853, as amended, and which would be valid if issued pursuant to this Order, shall be deemed to have been issued under this Order.

§709. Employment restrictions

(a)(1) Notwithstanding section 3134(d) of title 5, the number of Senior Executive Service positions in the Department which are filled by noncareer appointees in any fiscal year may not at any time exceed 5 percent of the average number of senior executives employed in Senior Executive Service positions in the Department during the preceding fiscal year.

(2) For purposes of this subsection, the average number of senior executives employed in Senior Executive Service positions in the Department during a fiscal year shall be equal to 25 percent of the sum of the total number of senior executives employed in Senior Executive Service positions in the Department on the last day of each quarter of such fiscal year.

(b) The number of positions in the Department which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions.

(c)(1) Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department or in the assignment or advancement of any employee in the Department.

(2) Paragraph (1) shall not apply—

(A) to the appointment of any person by the President under this title, other than the appointment of the Under Secretary for Health, the Under Secretary for Benefits, and the Inspector General; or

(B) to the appointment of any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position that is excepted from the competitive service, on a temporary or permanent basis, because of the confidential or policy-determining character of the position.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 395; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

Editorial Notes

Prior Provisions

Prior sections 709 and 710 were renumbered sections 1909 and 1910 of this title, respectively.

Provisions similar to those in this section were contained in section 12 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §3(3).

Amendments

1992—Subsec. (c)(2)(A). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" and "Under Secretary for Benefits" for "Chief Benefits Director".

§711. Grade reductions

(a) The Secretary may not implement a grade reduction described in subsection (b) unless the Secretary first submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a detailed plan for such reduction and a detailed justification for the plan. The report shall include a determination by the Secretary (together with data supporting such determination) that, in the personnel area concerned, the Department has a disproportionate number of employees at the salary grade or grades selected for reduction in comparison to the number of such employees at the salary levels involved who perform comparable functions in other departments and agencies of the Federal Government and in non-Federal entities. Any grade reduction described in such report may not take effect until the end of a period of 90 calendar days (not including any day on which either House of Congress is not in session) after the report is received by the committees.

(b) A grade reduction referred to in subsection (a) is a systematic reduction, for the purpose of reducing the average salary cost for Department employees described in subsection (c), in the number of such Department employees at a specific grade level.

(c) The employees referred to in subsection (b) are—

(1) health-care personnel who are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services;

(2) individuals who meet the definition of professional employee as set forth in section 7103(a)(15) of title 5; and

(3) individuals who are employed as computer specialists.

(d) Not later than the 45th day after the Secretary submits a report under subsection (a), the Comptroller General shall, upon request of either of such Committees, submit to such committees a report on the Secretary's compliance with such subsection. The Comptroller General shall include in the report the Comptroller General's opinion as to the accuracy of the Secretary's determination (and of the data supporting such determination) made under such subsection.

(e) In the case of Department employees not described in subsection (c), the Secretary may not in any fiscal year implement a systematic reduction for the purpose of reducing the average salary cost for such Department employees that will result in a reduction in the number of such Department employees at any specific grade level at a rate greater than the rate of the reductions systematically being made in the numbers of employees at such grade level in all other agencies and departments of the Federal Government combined.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 396; amended Pub. L. 103–446, title XII, §1201(e)(5), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 104–316, title I, §119, Oct. 19, 1996, 110 Stat. 3836.)

Editorial Notes

Prior Provisions

Prior section 711 was renumbered section 1911 of this title.

Provisions similar to those in this section were contained in former section 210(b)(3) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

1996—Subsec. (d). Pub. L. 104–316 inserted ", upon request of either of such Committees," after "the Comptroller General shall" in first sentence.

1994—Subsec. (d). Pub. L. 103–446 substituted "committees" for "Committees".

[§712. Repealed. Pub. L. 107–103, title V, §509(a)(1), Dec. 27, 2001, 115 Stat. 997]

Section, added Pub. L. 103–446, title XI, §1102(a), Nov. 2, 1994, 108 Stat. 4680; amended Pub. L. 104–262, title III, §303, Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105–33, title VIII, §8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105–368, title X, §1005(b)(1), Nov. 11, 1998, 112 Stat. 3364, limited reduction of full-time equivalent positions in the Department of Veterans Affairs during the period beginning on Nov. 2, 1994, and ending on Sept. 30, 1999.

Editorial Notes

Prior Provisions

A prior section 712 was renumbered section 1912 of this title.

§713. Senior executives: removal, demotion, or suspension based on performance or misconduct

(a) Authority.—(1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action.

(2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in section 2101 of title 5).

(b) Rights and Procedures.—(1) A covered individual who is the subject of an action under subsection (a) is entitled to—

(A) advance notice of the action and a file containing all evidence in support of the proposed action;

(B) be represented by an attorney or other representative of the covered individual's choice; and

(C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection.

(2)(A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.

(B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.

(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.

(3) The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.

(4) A decision under paragraph (2) that is not grieved, and a grievance decision under paragraph (3), shall be final and conclusive.

(5) A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of such decision.

(6) In any case in which judicial review is sought under paragraph (5), the court shall review the record and may set aside any Department action found to be—

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law;

(B) obtained without procedures required by a provision of law having been followed; or

(C) unsupported by substantial evidence.

(c) Relation to Other Provisions of Law.—Section 3592(b)(1) of title 5 and the procedures under section 7543(b) of such title do not apply to an action under subsection (a).

(d) Definitions.—In this section:

(1) The term "covered individual" means—

(A) a career appointee (as that term is defined in section 3132(a)(4) of title 5); or

(B) any individual who occupies an administrative or executive position and who was appointed under section 7306(a), section 7401(1), or section 7401(4) of this title.

(2) The term "misconduct" includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

(3) The term "senior executive position" means—

(A) with respect to a career appointee (as that term is defined in section 3132(a) of title 5), a Senior Executive Service position (as such term is defined in such section); and

(B) with respect to a covered individual appointed under section 7306(a) or section 7401(1) of this title, an administrative or executive position.

(Added Pub. L. 113–146, title VII, §707(a)(1), Aug. 7, 2014, 128 Stat. 1798; amended Pub. L. 115–41, title II, §201(a), June 23, 2017, 131 Stat. 868.)

Editorial Notes

Prior Provisions

A prior section 713 was renumbered section 1913 of this title.

Amendments

2017—Pub. L. 115–41 amended section generally. Prior to amendment, section related to removal of senior executives based on performance or misconduct.

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 113–146, title VII, §707(d), Aug. 7, 2014, 128 Stat. 1801, provided a rule of construction related to appeal of a removal, transfer, or other personnel action that was pending before Aug. 7, 2014, and provided that the authority provided by former section 713 of this title would be in addition to the authority provided by section 3592 or subchapter V of chapter 75 of title 5.

Establishment of Expedited Review Process

Pub. L. 113–146, title VII, §707(b), Aug. 7, 2014, 128 Stat. 1800, related to the establishment by the Merit Systems Protection Board of a process to conduct expedited reviews in accordance with former subsec. (d) of this section.

Temporary Exemption From Certain Limitation on Initiation of Removal From Senior Executive Service

Pub. L. 113–146, title VII, §707(c), Aug. 7, 2014, 128 Stat. 1800, provided for a 120-day exemption, starting on Aug. 7, 2014, from certain limitations on the initiation of removals from the Senior Executive Service.

§714. Employees: removal, demotion, or suspension based on performance or misconduct

(a) In General.—(1) The Secretary may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension.

(2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may—

(A) remove the covered individual from the civil service (as defined in section 2101 of title 5);

(B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or

(C) suspend the covered individual.

(b) Pay of Certain Demoted Individuals.—(1) Notwithstanding any other provision of law, any covered individual subject to a demotion under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade.

(2)(A) A covered individual so demoted may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave.

(B) If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5).

(c) Procedure.—(1)(A) The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section may not exceed 15 business days.

(B) The period for the response of a covered individual to a notice of a proposed removal, demotion, or suspension under this section shall be 7 business days.

(C) Paragraph (3) of subsection (b) of section 7513 of title 5 shall apply with respect to a removal, demotion, or suspension under this section.

(D) The procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures.

(2) The Secretary shall issue a final decision with respect to a removal, demotion, or suspension under this section not later than 15 business days after the Secretary provides notice, including a file containing all the evidence in support of the proposed action, to the covered individual of the removal, demotion, or suspension. The decision shall be in writing and shall include the specific reasons therefor.

(3) The procedures under chapter 43 of title 5 shall not apply to a removal, demotion, or suspension under this section.

(4)(A) Subject to subparagraph (B) and subsection (d), any removal or demotion under this section, and any suspension of more than 14 days under this section, may be appealed to the Merit Systems Protection Board, which shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5.

(B) An appeal under subparagraph (A) of a removal, demotion, or suspension may only be made if such appeal is made not later than 10 business days after the date of such removal, demotion, or suspension.

(d) Expedited Review.—(1) Upon receipt of an appeal under subsection (c)(4)(A), the administrative judge shall expedite any such appeal under section 7701(b)(1) of title 5 and, in any such case, shall issue a final and complete decision not later than 180 days after the date of the appeal.

(2)(A) Notwithstanding section 7701(c)(1)(B) of title 5, the administrative judge shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence.

(B) Notwithstanding title 5 or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the administrative judge shall not mitigate the penalty prescribed by the Secretary.

(3)(A) The decision of the administrative judge under paragraph (1) may be appealed to the Merit Systems Protection Board.

(B) Notwithstanding section 7701(c)(1)(B) of title 5, the Merit Systems Protection Board shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence.

(C) Notwithstanding title 5 or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the Merit Systems Protection Board shall not mitigate the penalty prescribed by the Secretary.

(4) In any case in which the administrative judge cannot issue a decision in accordance with the 180-day requirement under paragraph (1), the Merit Systems Protection Board shall, not later than 14 business days after the expiration of the 180-day period, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that explains the reasons why a decision was not issued in accordance with such requirement.

(5)(A) A decision of the Merit Systems Protection Board under paragraph (3) may be appealed to the United States Court of Appeals for the Federal Circuit pursuant to section 7703 of title 5 or to any court of appeals of competent jurisdiction pursuant to subsection (b)(1)(B) of such section.

(B) Any decision by such Court shall be in compliance with section 7462(f)(2) of this title.

(6) The Merit Systems Protection Board may not stay any removal or demotion under this section, except as provided in section 1214(b) of title 5.

(7) During the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection (c) and ending on the date that the United States Court of Appeals for the Federal Circuit issues a final decision on such appeal, such covered individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits related to the employment of the individual by the Department.

(8) To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board such information and assistance as may be necessary to ensure an appeal under this subsection is expedited.

(9) If an employee prevails on appeal under this section, the employee shall be entitled to backpay (as provided in section 5596 of title 5).

(10) If an employee who is subject to a collective bargaining agreement chooses to grieve an action taken under this section through a grievance procedure provided under the collective bargaining agreement, the timelines and procedures set forth in subsection (c) and this subsection shall apply.

(e) Whistleblower Protection.—(1) In the case of a covered individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5.

(2) In the case of a covered individual who has made a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) until—

(A) in the case in which the Assistant Secretary determines to refer the whistleblower disclosure under section 323(c)(1)(D) of this title to an office or other investigative entity, a final decision with respect to the whistleblower disclosure has been made by such office or other investigative entity; or

(B) in the case in which the Assistant Secretary determines not to refer the whistleblower disclosure under such section, the Assistant Secretary makes such determination.

(f) Termination of Investigations by Office of Special Counsel.—(1) Notwithstanding any other provision of law, the Special Counsel (established by section 1211 of title 5) may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the Department after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation.

(2) Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee.

(g) Vacancies.—In the case of a covered individual who is removed or demoted under subsection (a), to the maximum extent feasible, the Secretary shall fill the vacancy arising as a result of such removal or demotion.

(h) Definitions.—In this section:

(1) The term "covered individual" means an individual occupying a position at the Department, but does not include—

(A) an individual occupying a senior executive position (as defined in section 713(d) of this title);

(B) an individual appointed pursuant to sections 7306, 7401(1), 7401(4), or 7405 of this title;

(C) an individual who has not completed a probationary or trial period; or

(D) a political appointee.

(2) The term "suspend" means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days.

(3) The term "grade" has the meaning given such term in section 7511(a) of title 5.

(4) The term "misconduct" includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

(5) The term "political appointee" means an individual who is—

(A) employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule);

(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or

(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation.

(6) The term "whistleblower disclosure" has the meaning given such term in section 323(g) of this title.

(Added Pub. L. 115–41, title II, §202(a), June 23, 2017, 131 Stat. 869; amended Pub. L. 116–61, §6(1), Sept. 30, 2019, 133 Stat. 1116.)

Editorial Notes

Prior Provisions

A prior section 714 was renumbered section 1914 of this title.

Amendments

2019—Subsec. (e)(2)(B). Pub. L. 116–61 substituted "to refer" for "to the refer".

§715. Congressional testimony by employees: treatment as official duty

(a) Congressional Testimony.—An employee of the Department is performing official duty during the period with respect to which the employee is testifying in an official capacity in front of either chamber of Congress, a committee of either chamber of Congress, or a joint or select committee of Congress.

(b) Travel Expenses.—The Secretary shall provide travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, to any employee of the Department of Veterans Affairs performing official duty described under subsection (a).

(Added Pub. L. 114–223, div. A, title II, §247(b)(1), Sept. 29, 2016, 130 Stat. 890.)

Editorial Notes

Prior Provisions

Prior sections 715 and 716 were renumbered sections 1915 and 1916 of this title, respectively.

§717. Limitation on administrative leave

(a) In General.—Except as provided in subsection (b), the Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period.

(b) Waiver.—The Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under subsection (a) if the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the job title and grade of the covered individual and the location where the individual is employed.

(c) Covered Individual.—In this section, the term "covered individual" means an employee of the Department—

(1) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or

(2) against whom any disciplinary action is proposed or initiated under this title or title 5.

(Added Pub. L. 114–315, title V, §503(a)(1), Dec. 16, 2016, 130 Stat. 1568.)

Editorial Notes

Prior Provisions

Prior sections 717 and 718 were renumbered sections 1917 and 1918 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 114–315, title V, §503(b), Dec. 16, 2016, 130 Stat. 1568, provided that: "Section 717 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to any 365-day period beginning on or after the date of enactment of this Act [Dec. 16, 2016]."

§719. Reduction of benefits of employees convicted of certain crimes

(a) Reduction of Annuity for Removed Employee.—(1) The Secretary shall order that the covered service of an employee of the Department removed from a position for performance or misconduct under section 713, 714, or 7461 of this title or any other provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if—

(A) the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced the individual's performance while employed in the position; and

(B) before such order is made, the individual is afforded—

(i) notice of the proposed order; and

(ii) an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and

(C) the Secretary issues the order—

(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or

(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).

(2) Any individual with respect to whom an annuity is reduced under this subsection may appeal the reduction to the Director of the Office of Personnel Management pursuant to such regulations as the Director may prescribe for purposes of this subsection.

(b) Reduction of Annuity for Retired Employee.—(1) The Secretary may order that the covered service of an individual who the Secretary proposes to remove for performance or misconduct under section 713, 714, or 7461 of this title or any other provision of law but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if—

(A) the Secretary determines that individual is convicted of a felony (and the conviction is final) that influenced the individual's performance while employed in the position; and

(B) before such order is made, the individual is afforded—

(i) notice of the proposed order;

(ii) opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and

(C) the Secretary issues the order—

(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or

(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).

(2) Upon the issuance of an order by the Secretary under paragraph (1), the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.

(3) The Director of the Office of Personnel Management shall make a final decision with respect to an appeal under paragraph (2) within 30 business days of receiving the appeal.

(c) Administrative Requirements.—Not later than 37 business days after the Secretary issues a final order under subsection (a) or (b) with respect to an individual, the Director of the Office of Personnel Management shall recalculate the annuity of the individual.

(d) Lump-Sum Annuity Credit.—Any individual with respect to whom an annuity is reduced under subsection (a) or (b) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to the period of covered service.

(e) Spouse or Children Exception.—(1) The Secretary, in consultation with the Director of the Office of Personnel Management, shall prescribe regulations that may provide for the payment to the spouse or children of any individual referred to in subsection (a) or (b) of any amounts which (but for this subsection) would otherwise have been nonpayable by reason of such subsections.

(2) Regulations prescribed under paragraph (1) shall be consistent with the requirements of section 8332(o)(5) and 8411(l)(5) of title 5, as the case may be.

(f) Definitions.—In this section:

(1) The term "covered service" means, with respect to an individual subject to a removal for performance or misconduct under section 719 or 7461 of this title or any other provision of law, the period of service beginning on the date that the Secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the Department prior to the issuance of a final decision with respect to such action.

(2) The term "lump-sum credit" has the meaning given such term in section 8331(8) or section 8401(19) of title 5, as the case may be.

(3) The term "service" has the meaning given such term in section 8331(12) or section 8401(26) of title 5, as the case may be.

(Added Pub. L. 115–41, title II, §203(a)(1), June 23, 2017, 131 Stat. 873.)

Editorial Notes

Prior Provisions

Prior sections 719 and 720 were renumbered sections 1919 and 1920 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–41, title II, §203(b), June 23, 2017, 131 Stat. 875, provided that: "Section 719 of title 38, United States Code, as added by subsection (a)(1), shall apply to any action of removal of an employee of the Department of Veterans Affairs under section 719 or 7461 of such title or any other provision of law, commencing on or after the date of the enactment of this Act [June 23, 2017]."

§721. Recoupment of bonuses or awards paid to employees of Department

(a) In General.—Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if—

(1) the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment; and

(2) before such repayment, the employee is afforded—

(A) notice of the proposed order; and

(B) an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and

(3) the Secretary issues the order—

(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or

(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).

(b) Appeal of Order of Secretary.—(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.

(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 business days after receiving such appeal.

(Added Pub. L. 115–41, title II, §204(a), June 23, 2017, 131 Stat. 875.)

Editorial Notes

Prior Provisions

Prior sections 721 and 722 were renumbered sections 1921 and 1922 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–41, title II, §204(c), June 23, 2017, 131 Stat. 876, provided that: "Section 721 of title 38, United States Code, as added by subsection (a), shall apply with respect to an award or bonus paid by the Secretary of Veterans Affairs to an employee of the Department of Veterans Affairs on or after the date of the enactment of this Act [June 23, 2017]."

§723. Recoupment of relocation expenses paid on behalf of employees of Department

(a) In General.—Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, paid to or on behalf of the employee under title 5 for relocation expenses, including any expenses under section 5724 or 5724a of such title, or this title if—

(1) the Secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses;

(2) before such repayment, the employee is afforded—

(A) notice of the proposed order; and

(B) an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice; and

(3) the Secretary issues the order—

(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or

(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).

(b) Appeal of Order of Secretary.—(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.

(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 days after receiving such appeal.

(Added Pub. L. 115–41, title II, §205(a), June 23, 2017, 131 Stat. 876.)

Editorial Notes

Prior Provisions

Prior sections 723 to 729 were renumbered sections 1923 to 1929 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–41, title II, §205(c), June 23, 2017, 131 Stat. 877, provided that: "Section 723 of title 38, United States Code, as added by subsection (a), shall apply with respect to an amount paid by the Secretary of Veterans Affairs to or on behalf of an employee of the Department of Veterans Affairs for relocation expenses on or after the date of the enactment of this Act [June 23, 2017]."

§725. Annual performance plan for political appointees

(a) In General.—The Secretary shall conduct an annual performance plan for each political appointee of the Department that is similar to the annual performance plan conducted for an employee of the Department who is appointed as a career appointee (as that term is defined in section 3132(a) of title 5) within the Senior Executive Service at the Department.

(b) Elements of Plan.—Each annual performance plan conducted under subsection (a) with respect to a political appointee of the Department shall include an assessment of whether the appointee is meeting the following goals:

(1) Recruiting, selecting, and retaining well-qualified individuals for employment at the Department.

(2) Engaging and motivating employees.

(3) Training and developing employees and preparing those employees for future leadership roles within the Department.

(4) Holding each employee of the Department that is a manager accountable for addressing issues relating to performance, in particular issues relating to the performance of employees that report to the manager.

(c) Definition of Political Appointee.—In this section, the term "political appointee" means an employee of the Department who holds—

(1) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or

(2) a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a) of title 5).

(Added Pub. L. 115–46, title II, §203(a), Aug. 12, 2017, 131 Stat. 962.)

§726. Annual report on performance awards and bonuses awarded to certain high-level employees

(a) In General.—Not later than 100 days after the end of each fiscal year, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the most recent fiscal year ending before the submittal of the report, a description of all performance awards or bonuses awarded to each of the following:

(1) Regional Office Director of the Department.

(2) Director of a Medical Center of the Department.

(3) Director of a Veterans Integrated Service Network.

(4) Senior executive of the Department.

(b) Elements.—Each report submitted under subsection (a) shall include the following with respect to each performance award or bonus awarded to an individual described in such subsection:

(1) The amount of each award or bonus.

(2) The job title of the individual awarded the award or bonus.

(3) The location where the individual awarded the award or bonus works.

(c) Definitions.—In this section:

(1) The term "appropriate committees of Congress" means the Committees on Veterans' Affairs and Appropriations of the Senate and House of Representatives.

(2) The term "senior executive" means—

(A) a career appointee; or

(B) an individual—

(i) in an administrative or executive position; and

(ii) appointed under section 7306(a) or section 7401(1) of this title.

(3) The term "career appointee" has the meaning given that term in section 3132(a) of title 5.

(Added Pub. L. 115–182, title V, §501(a), June 6, 2018, 132 Stat. 1474; amended Pub. L. 115–251, title II, §211(a)(1), Sept. 29, 2018, 132 Stat. 3174.)

Editorial Notes

Codification

Section 501(a) of Pub. L. 115–182, which directed that this section be added at the end of this chapter, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress.

Amendments

2018—Subsec. (c)(3). Pub. L. 115–251 struck out ", United States Code" after "of title 5".

§727. Reassignment of senior executives

(a) Approval of Reassignments.—No individual employed in a senior executive position at the Department may be reassigned to another such position at the Department unless such reassignment is approved in writing and signed by the Secretary.

(b) Semiannual Reports Required.—(1) Not later than June 30 and December 31 of each year, the Secretary shall submit to Congress a report on the reassignment of individuals employed in senior executive positions at the Department to other such positions at the Department during the period covered by the report.

(2) Each report submitted under paragraph (1) shall describe the purpose of each reassignment and the costs associated with such reassignment.

(3) For purposes of paragraph (2), costs associated with a reassignment may only include the following:

(A) A salary increase.

(B) Temporary travel expenses for the individual or the family of the individual.

(C) Moving expenses.

(D) A paid incentive.

(c) Senior Executive Position Defined.—In this section, the term "senior executive position" has the meaning given such term in section 713(d) of this title.

(Added Pub. L. 115–188, §2(a), June 21, 2018, 132 Stat. 1490.)

§728. Misuse of Department purchase cards

(a) In General.—(1) The Secretary shall prohibit any employee of the Department who the Secretary or the Inspector General of the Department determines has knowingly misused a purchase card from serving as a purchase card holder or approving official.

(2) Such a prohibition shall be in addition to any other applicable penalty.

(b) Misuse.—For purposes of this section, the term "misuse" means—

(1) splitting purchases;

(2) exceeding applicable purchase card limits or purchase thresholds;

(3) purchasing any unauthorized item;

(4) using a purchase card without being an authorized purchase card holder; or

(5) violating ethics standards.

(Added Pub. L. 115–407, title V, §501(a), Dec. 31, 2018, 132 Stat. 5376.)

SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS

§731. Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints

(a) In General.—(1) In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against supervisory employees (as defined in section 7103(a) of title 5) whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (c):

(A) With respect to the first offense, an adverse action that is not less than a 12-day suspension and not more than removal.

(B) With respect to the second offense, removal.

(2)(A) An employee against whom an adverse action under paragraph (1) is proposed is entitled to written notice.

(B)(i) An employee who is notified under subparagraph (A) of being the subject of a proposed adverse action under paragraph (1) is entitled to 10 days following such notification to answer and furnish evidence in support of the answer.

(ii) If the employee does not furnish any such evidence as described in clause (i) or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such 10-day period.

(C) Paragraphs (1) and (2) of subsection (b) of section 7513 of title 5, subsection (c) of such section, paragraphs (1) and (2) of subsection (b) of section 7543 of such title, and subsection (c) of such section shall not apply with respect to an adverse action carried out under paragraph (1).

(b) Limitation on Other Adverse Actions.—With respect to a prohibited personnel action described in subsection (c), if the Secretary carries out an adverse action against a supervisory employee, the Secretary may carry out an additional adverse action under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a).

(c) Prohibited Personnel Action Described.—A prohibited personnel action described in this subsection is any of the following actions:

(1) Taking or failing to take a personnel action in violation of section 2302 of title 5 against an employee relating to the employee—

(A) making a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;

(B) providing information or participating as a witness in an investigation of a whistleblower disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;

(C) participating in an audit or investigation by the Comptroller General of the United States;

(D) refusing to perform an action that is unlawful or prohibited by the Department; or

(E) engaging in communications that are related to the duties of the position or are otherwise protected.

(2) Preventing or restricting an employee from making an action described in any of subparagraphs (A) through (E) of paragraph (1).

(3) Conducting a negative peer review or opening a retaliatory investigation because of an activity of an employee that is protected by section 2302 of title 5.

(4) Requesting a contractor to carry out an action that is prohibited by section 4705(b) or section 4712(a)(1) of title 41, as the case may be.

(d) Whistleblower Disclosure Defined.—In this section, the term "whistleblower disclosure" has the meaning given such term in section 323(g) of this title.

(Added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 887, §733; renumbered §731 and amended Pub. L. 115–41, title I, §102(a)(2), (c), title II, §206, June 23, 2017, 131 Stat. 865, 867, 877.)

Editorial Notes

Prior Provisions

A prior section 731, added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 884, defined whistleblower complaint, prior to repeal by Pub. L. 115–41, title I, §102(a)(1), June 23, 2017, 131 Stat. 865.

Amendments

2017—Pub. L. 115–41, §102(a)(2), renumbered section 733 of this title as this section.

Subsec. (a)(2)(B). Pub. L. 115–41, §206, substituted "10 days" for "14 days" in cl. (i) and "10-day period" for "14-day period" in cl. (ii).

Subsec. (c)(1)(A). Pub. L. 115–41, §102(c)(1)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "filing a whistleblower complaint in accordance with section 732 of this title;".

Subsec. (c)(1)(B). Pub. L. 115–41, §102(c)(1)(A), redesignated subpar. (C) as (B), substituted "disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection," for "complaint in accordance with section 732 or with", and struck out former subpar. (B) which read as follows: "filing a whistleblower complaint with the Inspector General of the Department, the Special Counsel, or Congress;".

Subsec. (c)(1)(C) to (F). Pub. L. 115–41, §102(c)(1)(A)(ii), redesignated subpars. (C) to (F) as (B) to (E), respectively.

Subsec. (c)(2). Pub. L. 115–41, §102(c)(1)(B), substituted "through (E)" for "through (F)".

Subsec. (d). Pub. L. 115–41, §102(c)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Improvement of Training for Supervisors

Pub. L. 115–41, title II, §209, June 23, 2017, 131 Stat. 879, provided that:

"(a) In General.—The Secretary of Veterans Affairs shall provide to each employee of the Department of Veterans Affairs who is employed as a supervisor periodic training on the following:

"(1) The rights of whistleblowers and how to address a report by an employee of a hostile work environment, reprisal, or harassment.

"(2) How to effectively motivate, manage, and reward the employees who report to the supervisor.

"(3) How to effectively manage employees who are performing at an unacceptable level and access assistance from the human resources office of the Department and the Office of the General Counsel of the Department with respect to those employees.

"(b) Definitions.—In this section:

"(1) Supervisor.—The term 'supervisor' has the meaning given such term in section 7103(a) of title 5, United States Code.

"(2) Whistleblower.—The term 'whistleblower' has the meaning given such term in section 323(g) of title 38, United States Code, as added by section 101."

§732. Protection of whistleblowers as criteria in evaluation of supervisors

(a) Development and Use of Criteria Required.—The Secretary, in consultation with the Assistant Secretary of Accountability and Whistleblower Protection, shall develop criteria that—

(1) the Secretary shall use as a critical element in any evaluation of the performance of a supervisory employee; and

(2) promotes the protection of whistleblowers.

(b) Principles for Protection of Whistleblowers.—The criteria required by subsection (a) shall include principles for the protection of whistleblowers, such as the degree to which supervisory employees respond constructively when employees of the Department report concerns, take responsible action to resolve such concerns, and foster an environment in which employees of the Department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities.

(c) Supervisory Employee and Whistleblower Defined.—In this section, the terms "supervisory employee" and "whistleblower" have the meanings given such terms in section 323 of this title.

(Added Pub. L. 115–41, title I, §102(a)(3), June 23, 2017, 131 Stat. 865.)

Editorial Notes

Prior Provisions

A prior section 732, added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 884, related to treatment of whistleblower complaints, prior to repeal by Pub. L. 115–41, title I, §102(a)(1), June 23, 2017, 131 Stat. 865.

§733. Training regarding whistleblower disclosures

(a) Training.—Not less frequently than once every two years, the Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.),¹ shall provide to each employee of the Department training regarding whistleblower disclosures, including—

(1) an explanation of each method established by law in which an employee may file a whistleblower disclosure;

(2) the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with section 7211 of title 5;

(3) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under section 552a of title 5 (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191);

(4) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and

(5) the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41.

(b) Manner Training Is Provided.—The Secretary shall ensure, to the maximum extent practicable, that training provided under subsection (a) is provided in person.

(c) Certification.—Not less frequently than once every two years, the Secretary shall provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory.

(d) Publication.—The Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to make a whistleblower disclosure, including the information described in paragraphs (1) through (5) of subsection (a).

(e) Whistleblower Disclosure Defined.—In this section, the term "whistleblower disclosure" has the meaning given such term in section 323 of this title.

(Added Pub. L. 115–41, title I, §102(a)(3), June 23, 2017, 131 Stat. 866.)

Editorial Notes

References in Text

Section 3(d)(1)(C) of the Inspector General Act of 1978, referred to in subsec. (a), is section 3(d)(1)(C) of Pub. L. 95–452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 403(d)(1)(C) of Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4209, 4361.

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(3), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of Title 42, The Public Health and Welfare.

Section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012, referred to in subsec. (a)(4), is section 115(a)(1) of Pub. L. 112–199, which is set out as a note under section 2302 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 733 was renumbered section 731 of this title.

¹ See References in Text note below.

[§§734 to 736. Repealed. Pub. L. 115–41, title I, §102(a)(1), June 23, 2017, 131 Stat. 865]

Section 734, added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 888, related to evaluation criteria of supervisors and treatment of bonuses.

Section 735, added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 889; amended Pub. L. 114–315, title VIII, §802(1), Dec. 16, 2016, 130 Stat. 1591, related to training regarding whistleblower complaints. See section 733 of this title.

Section 736, added Pub. L. 114–223, div. A, title II, §247(a)(1), Sept. 29, 2016, 130 Stat. 889, related to reports to Congress on whistleblower complaints.

Editorial Notes

Prior Provisions

Prior sections 740 to 763, 765 to 779, 781 to 788, and 801 to 806 were renumbered sections 1940 to 1963, 1965 to 1979, 1981 to 1988, and 2101 to 2106 of this title, respectively.

SUBCHAPTER III—EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM

§741. Executive Management Fellowship Program

(a) Fellowship Program.—There is in the Department an Executive Management Fellowship Program. The purpose of the program shall be to provide—

(1) eligible employees of the Veterans Benefits Administration and the Veterans Health Administration with training and experience in the private sector; and

(2) eligible employees of a private-sector entity with training and experience in the Department of Veterans Affairs.

(b) Fellowship.—(1) A fellowship provided under this section is a 1-year fellowship during which—

(A) with respect to a Department participant, the participant receives training and experience at a private-sector entity that is engaged in the administration and delivery of health care or other services similar to the benefits administered by the Secretary; and

(B) with respect to a private-sector participant, the participant receives training and experience at the Veterans Benefits Administration or the Veterans Health Administration.

(2) The Secretary shall enter into such agreements with private-sector entities as are necessary to carry out this section.

(c) Selection of Recipients.—(1) In August of each year, the Secretary shall select—

(A) not fewer than 18 and not more than 30 eligible employees of the Veterans Benefits Administration and the Veterans Health Administration to receive a fellowship under this section; and

(B) not fewer than 18 and not more than 30 eligible employees of private-sector entities to receive a fellowship under this section.

(2) To the extent practicable, the Secretary shall select eligible employees under subparagraphs (A) and (B) of paragraph (1) from among eligible employees who are veterans in a manner that is reflective of the demographics of the veteran population of the United States and that whenever practicable provides a preference to such employees who represent or service rural areas.

(d) Eligible Employees.—For the purposes of this section, an eligible employee is—

(1) with respect to an employee of the Veterans Benefits Administration or the Veterans Health Administration, an employee who—

(A) is compensated at a rate of basic pay not less than the minimum rate of basic pay payable for grade GS–14 of the General Schedule and not more than either the minimum rate of basic pay payable to a member of the Senior Executive Service under section 5382 of title 5 or the minimum rate of basic pay payable pursuant to chapter 74 of this title, as the case may be;

(B) enters into an agreement with the Secretary under subsection (e); and

(C) submits to the Secretary an application containing such information and assurances as the Secretary may require; and

(2) with respect to an employee of a private-sector entity, an employee who—

(A) is employed in a position whose duties and responsibilities are commensurate with an employee of the Department described in paragraph (1);

(B) enters into an agreement with the Secretary under subsection (e); and

(C) submits to the Secretary an application containing such information and assurances as the Secretary may require.

(e) Agreements.—(1) An agreement between the Secretary and a Department participant shall be in writing, shall be signed by the participant, and shall include the following provisions:

(A) The Secretary's agreement to provide the participant with a fellowship under this section;

(B) The participant's agreement—

(i) to accept the fellowship;

(ii) after completion of the fellowship, to serve as a full-time employee in the Veterans Benefits Administration or the Veterans Health Administration for at least 2 years as specified in the agreement; and

(iii) that, during the 2-year period beginning on the last day of the fellowship, the participant will not accept employment in the same industry as the industry of the private-sector entity at which the participant accepts the fellowship.

(C) A provision that any financial obligation of the United States arising out of an agreement entered into under this subchapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated.

(D) A statement of the damages to which the United States is entitled under this subchapter for the participant's breach of the agreement.

(E) Such other terms as the Secretary determines are required to be included in the agreement.

(2) An agreement between the Secretary and a private-sector participant shall be in writing, shall be signed by the participant, and shall include the following provisions:

(A) The Secretary's agreement to provide the participant with a fellowship under this section.

(B) The participant's agreement to accept the fellowship.

(C) Such other terms as the Secretary determines are required to be included in the agreement.

(f) Treatment of Recipients.—(1) A Department participant shall be considered an employee of the Department for all purposes, including for purposes of receiving a salary and benefits, and shall remain eligible for all promotion and incentive programs otherwise available to such an employee.

(2) A private-sector participant shall be considered an employee of the private-sector entity that employs the participant for all purposes, including for purposes of receiving a salary and benefits, and during the fellowship shall be treated as a contractor of the Department.

(g) Reports.—(1) Not later than 60 days after completing a fellowship under this section, a recipient of the fellowship shall submit to the Secretary a report on the fellowship.

(2) Each such report shall describe the duties of the recipient during the fellowship and any recommendations of the recipient for the application by the Secretary of industry processes, technologies, and best practices.

(3) Not later than 7 days after receiving each such report, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives such report without change.

(h) Definitions.—In this section:

(1) The term "Department participant" means an employee of the Veterans Benefits Administration or the Veterans Health Administration who is participating in the fellowship under this section.

(2) The term "private-sector entity" includes an entity operating under a public-private partnership.

(3) The term "private-sector participant" means an employee of a private-sector entity who is participating in the fellowship under this section.

(Added Pub. L. 115–46, title II, §202(a), Aug. 12, 2017, 131 Stat. 959.)

Editorial Notes

References in Text

Grade GS–14 of the General Schedule, referred to in subsec. (d)(1)(A), is set out under section 5332 of Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Deadline for Implementation

Pub. L. 115–46, title II, §202(b), Aug. 12, 2017, 131 Stat. 962, provided that: "Not later than 1 year after the date of the enactment of this Act [Aug. 12, 2017], the Secretary of Veterans Affairs shall implement the Executive Management Fellowship Program required under section 741 of title 38, United States Code, as added by subsection (a)."

CHAPTER 9—SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT

        

§901. Authority to prescribe rules for conduct and penalties for violations

(a)(1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property.

(2) In this chapter, the term "Department property" means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services.

(b) Regulations under subsection (a) shall include—

(1) rules for conduct on Department property; and

(2) the penalties, within the limits specified in subsection (c), for violations of such rules.

(c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary.

(d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply.

(e) The Secretary shall consult with the Attorney General before prescribing regulations under this section.

(f)(1) The Secretary may not prohibit the use of a covered service dog in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary.

(2) For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an appropriate accrediting body that evaluates and accredits organizations which train guide or service dogs.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 397; amended Pub. L. 112–154, title I, §109, Aug. 6, 2012, 126 Stat. 1174.)

Editorial Notes

Prior Provisions

Prior section 901 was renumbered section 2301 of this title.

Provisions similar to those in this section were contained in section 218(a) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2012—Subsec. (f). Pub. L. 112–154 added subsec. (f).

§902. Enforcement and arrest authority of Department police officers

(a)(1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property—

(A) enforce Federal laws;

(B) enforce the rules prescribed under section 901 of this title;

(C) enforce traffic and motor vehicle laws of a State or local government (by issuance of a citation for violation of such laws) within the jurisdiction of which such Department property is located as authorized by an express grant of authority under applicable State or local law;

(D) carry the appropriate Department-issued weapons, including firearms, while off Department property in an official capacity or while in an official travel status;

(E) conduct investigations, on and off Department property, of offenses that may have been committed on property under the original jurisdiction of Department, consistent with agreements or other consultation with affected Federal, State, or local law enforcement agencies; and

(F) carry out, as needed and appropriate, the duties described in subparagraphs (A) through (E) when engaged in duties authorized by other Federal statutes.

(2) Subject to regulations prescribed under subsection (b), a Department police officer may make arrests on Department property for a violation of a Federal law or any rule prescribed under section 901(a) of this title, and on any arrest warrant issued by competent judicial authority.

(3) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall require Department police officers to use cameras worn on the individual police officer's person that record and store audio and video (commonly known as "body worn cameras").

(b) The Secretary shall prescribe regulations with respect to Department police officers. Such regulations shall include—

(1) policies with respect to the exercise by Department police officers of the enforcement and arrest authorities provided by this section;

(2) the scope and duration of training that is required for Department police officers, with particular emphasis on dealing with situations involving patients; and

(3) rules limiting the carrying and use of weapons by Department police officers.

(c) The powers granted to Department police officers designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.

(d) Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title.

(e)(1) The Secretary shall publish on the internet website of each facility of the Department the following information with respect to the facility:

(A) Summaries and statistics covering the previous five-year period regarding—

(i) arrests made by and tickets issued by Department police officers;

(ii) prosecutions, ticketing, and other actions relating to such arrests;

(iii) the use of force and weapons discharge by Department police officers; and

(iv) complaints, investigations, and disciplinary actions regarding Department police officers.

(B) Contact information for employees of the Department and the public to directly contact the police force of the facility, including for an individual (or the representative, attorney, or authorized agent of the individual) to request information regarding the arrest, ticketing, detainment, use of force, or other police matters pertaining to that individual.

(2) The Secretary shall ensure that each police force of a facility of the Department is able to provide to an individual who contacts the police force pursuant to paragraph (1)(B) the information described in such paragraph.

(f) Police Incidents.—(1)(A) The Secretary shall track and analyze the following information regarding the police force of the Department:

(i) Arrests made by and tickets issued by Department police officers.

(ii) Prosecutions, ticketing, and other actions relating to such arrests.

(iii) The use of force and weapons discharge.

(iv) Complaints, investigations, and disciplinary actions.

(B) The Secretary shall carry out subparagraph (A) by implementing one or more Department-wide data systems.

(2)(A) Beginning not later than one year after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each incident described in subparagraph (C) is promptly reported to the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions.

(B) The Assistant Secretary shall, in a timely manner—

(i) review each incident described in subparagraph (C)(i) that is reported under subparagraph (A); and

(ii) investigate each incident described in subparagraph (C)(ii) that is reported under subparagraph (A).

(C) An incident described in this subparagraph is either of the following:

(i) An incident, including an allegation, of the use of force by a Department police officer.

(ii) An incident, including an allegation, of the use of force by a Department police officer that results in any person receiving medical attention.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 397; amended Pub. L. 111–163, title X, §1001, May 5, 2010, 124 Stat. 1181; Pub. L. 117–328, div. U, title IV, §405(a), (b)(1), (c), Dec. 29, 2022, 136 Stat. 5491, 5492.)

Editorial Notes

References in Text

The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsecs. (a)(3) and (f)(2)(A), is the date of enactment of div. U of Pub. L. 117–328, which was approved Dec. 29, 2022.

Prior Provisions

A prior section 902 was renumbered section 2302 of this title, prior to repeal by Pub. L. 116–315.

Provisions similar to those in this section were contained in section 218(b) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2022—Subsec. (a)(3). Pub. L. 117–328, §405(b)(1), added par. (3).

Subsec. (e). Pub. L. 117–328, §405(a), added subsec. (e).

Subsec. (f). Pub. L. 117–328, §405(c), added subsec. (f).

2010—Subsec. (a)(1). Pub. L. 111–163, §1001(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property, enforce—

"(A) Federal laws;

"(B) the rules prescribed under section 901 of this title; and

"(C) subject to paragraph (2), traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Department property is located."

Subsec. (a)(2), (3). Pub. L. 111–163, §1001(1)(B), (C), redesignated par. (3) as (2), inserted ", and on any arrest warrant issued by competent judicial authority" before the period, and struck out former par. (2) which read as follows: "A law described in subparagraph (C) of paragraph (1) may be enforced under such subparagraph only as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by the issuance of a citation for violation of such law."

Subsec. (c). Pub. L. 111–163, §1001(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Secretary shall consult with the Attorney General before prescribing regulations under paragraph (1) of subsection (b)."

Statutory Notes and Related Subsidiaries

Guidance on the Use of Body Worn Cameras; Consultation

Pub. L. 117–328, div. U, title IV, §405(b)(2), (3), (f), Dec. 29, 2022, 136 Stat. 5492, 5493, provided that:

"(2) Guidance.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall issue, and make publicly available, guidance on the use of body worn cameras by Department police officers pursuant to section 902(a)(3) of title 38, United States Code, as amended by paragraph (1).

"(3) Consultation.—The Secretary shall issue the guidance under paragraph (2) in consultation with veterans service organizations, civil rights organizations, law enforcement organizations, law enforcement accreditation organizations, privacy rights organizations, and other relevant organizations or experts.

"(f) Definitions.—In this section:

"(1) Body worn camera.—The term 'body worn camera' means a camera worn on an individual police officer's person that records and stores audio and video.

"(2) Department police officer.—The term 'Department police officer' means an employee of the Department of Veterans Affairs described in section 902(a) of title 38, United States Code."

Police Crisis Intervention Training of Department of Veterans Affairs

Pub. L. 116–214, title II, §205, Dec. 5, 2020, 134 Stat. 1038, provided that:

"(a) Training.—The Secretary of Veterans Affairs shall provide to Department police officers an annual training on the prevention of suicide among the population served by the Department police officers.

"(b) Curriculum.—In carrying out subsection (a), the Secretary shall update any similar training provided before the date of the enactment of this Act [Dec. 5, 2020] to ensure that the curriculum for the training addresses, at a minimum, the following:

"(1) Effective behavioral science procedures for suicide prevention and risk mitigation.

"(2) Crisis intervention and de-escalation skills, including through the use of interactive training.

"(3) Information about mental health and substance abuse disorders.

"(4) Information about local law enforcement crisis intervention teams and other resources for veterans experiencing mental health crises available by the Department of Veterans Affairs, other elements of the Federal Government, and the community in which the police officers serve.

"(c) Consultation.—The Secretary shall ensure that the annual training provided to Department police officers at a medical facility of the Department under subsection (a) is provided in consultation with law enforcement training accreditation organizations and the mental health experts at such facility.

"(d) Plan on Community Partnerships.—The Secretary shall ensure that each police force of a facility of the Department develops a plan to enter into partnerships with—

"(1) local community mental health organizations and experts, local community veterans organizations, and local community criminal justice organizations and experts; and

"(2) local police departments, including by facilitating the sharing of training resources with crisis intervention teams of the local police departments.

"(e) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the annual training under subsection (a), including—

"(1) a description of the curriculum of such training;

"(2) with respect to the year preceding the date of the report—

"(A) the number of facilities of the Department that conducted such training;

"(B) the number of Department police officers who received such training; and

"(C) any barriers to ensuring that each Department police officer receives such training;

"(3) any recommendations to address the barriers identified under paragraph (2)(C); and

"(4) the number of facilities of the Department that have entered into partnerships pursuant to subsection (d).

"(f) Department Police Officer Defined.—In this section, the term 'Department police officer' means an employee of the Department of Veterans Affairs specified in section 902(a) of title 38, United States Code."

§903. Uniform allowance

(a) The Secretary may pay an allowance under this section for the purchase of uniforms to any Department police officer who is required to wear a prescribed uniform in the performance of official duties.

(b)(1) The amount of the allowance that the Secretary may pay under this section is the lesser of—

(A) the amount currently allowed as prescribed by the Office of Personnel Management; or

(B) estimated costs or actual costs as determined by periodic surveys conducted by the Department.

(2) During any fiscal year no officer shall receive more for the purchase of a uniform described in subsection (a) than the amount established under this subsection.

(c) The allowance established under subsection (b) shall be paid at the beginning of a Department police officer's employment for those appointed on or after October 1, 2010. In the case of any other Department police officer, an allowance in the amount established under subsection (b) shall be paid upon the request of the officer.

(d) A police officer who resigns as a police officer less than one year after receiving an allowance in an amount established under this section shall repay to the Department a pro rata share of the amount paid, based on the number of months the officer was actually employed as such an officer during the twelve-month period following the date on which such officer began such employment or the date on which the officer submitted a request for such an allowance, as the case may be.

(e) An allowance may not be paid to a Department police officer under this section and under section 5901 of title 5 for the same fiscal year.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 398; amended Pub. L. 111–163, title X, §1002, May 5, 2010, 124 Stat. 1182.)

Editorial Notes

Prior Provisions

Prior section 903 was renumbered section 2303 of this title.

Provisions similar to those in this section were contained in section 218(c) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2010—Subsecs. (b), (c). Pub. L. 111–163 added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which read as follows:

"(b) The amount of the allowance that the Secretary may pay under this section—

"(1) may be based on estimated average costs or actual costs;

"(2) may vary by geographic regions; and

"(3) except as provided in subsection (c), may not exceed $200 in a fiscal year for any police officer.

"(c) The amount of an allowance under this section may be increased to an amount up to $400 for not more than one fiscal year in the case of any Department police officer. In the case of a person who is appointed as a Department police officer on or after January 1, 1990, an allowance in an amount established under this subsection shall be paid at the beginning of such person's employment as such an officer. In the case of any other Department police officer, an allowance in an amount established under this subsection shall be paid upon the request of the officer."

§904. Equipment and weapons

The Secretary shall furnish Department police officers with such weapons and related equipment as the Secretary determines to be necessary and appropriate.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 399.)

Editorial Notes

Prior Provisions

Prior section 904 was renumbered section 2304 of this title.

Provisions similar to those in this section were contained in section 218(d) of this title prior to repeal by Pub. L. 102–83, §2(a).

§905. Use of facilities and services of other law enforcement agencies

With the permission of the head of the agency concerned, the Secretary may use the facilities and services of Federal, State, and local law enforcement agencies when it is economical and in the public interest to do so.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 399.)

Editorial Notes

Prior Provisions

Prior section 905 was renumbered section 2305 of this title.

Provisions similar to those in this section were contained in section 218(e) of this title prior to repeal by Pub. L. 102–83, §2(a).

Prior sections 906 to 908 and 1000 to 1010 were renumbered sections 2306 to 2308 and 2400 to 2410 of this title, respectively.