PART I—GENERAL PROVISIONS
Amendments
1991—
CHAPTER 1 —GENERAL
Amendments
1991—
1989—
1988—
1986—
1972—
1965—
1964—
§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, or air service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term "surviving spouse" means (except for purposes of
(4)(A) The term "child" means (except for purposes of
(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adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period.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
(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
(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
(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, 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, or air 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, or air 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, or air service.
(18) The term "discharge or release" includes (A) retirement from the active military, naval, or air service, and (B) the satisfactory completion of the period of active military, naval, or air 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) 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 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
(C) full-time duty as a commissioned officer 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
(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 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
(C) in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under
(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
(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 of the Public Health Service) by the Secretary concerned under
(B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) 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
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
(24) 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.
(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;
(D) the Secretary of Transportation, 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 Naval 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 February 28, 1961, 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 or air 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.
(
References in Text
For definition of Canal Zone, referred to in par. (20), see
Amendments
1996—Par. (29).
1994—Par. (1).
1991—Par. (1).
Par. (4)(A).
Par. (4)(B)(i).
Par. (11).
Pars. (13) to (15).
Par. (20).
Par. (21)(C)(ii).
Par. (32)(B).
Par. (33).
1989—Par. (1).
1988—Par. (22)(D).
Par. (23)(C).
Par. (28).
Par. (32)(B).
1986—Pars. (22)(C), (23), (27)(F).
Par. (31).
1984—Par. (4)(A).
1982—Par. (4)(A).
Par. (22)(C).
Par. (22)(D), (E).
Par. (25)(E).
1981—Par. (32).
1979—Par. (4).
1978—Par. (15).
1977—Par. (18).
Par. (29).
1976—Par. (19).
1975—Par. (3).
Par. (4).
Par. (5).
Pars. (13) to (15).
Par. (31).
1972—Par. (4).
1971—Par. (30).
1970—Par. (4).
Par. (11).
Par. (21)(C).
Par. (25)(F).
Par. (30).
1969—Par. (3).
Par. (23)(A).
Par. (25)(D).
1967—Par. (11).
Par. (29).
1966—Par. (20).
1965—Par. (4)(C).
1964—Par. (19).
Par. (28).
1962—Par. (3).
Par. (26).
1959—Par. (4).
Effective Date of 1996 Amendment
Section 505(d) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 113(d) of
"(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
Section 401 of
Effective Date of 1977 Amendments
Section 501 of
Amendment by
Effective Date of 1975 Amendment
Section 101 of
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendment
Section 405 of
"(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
Effective Date of 1965 Amendment
Amendment by
Short Title of 1999 Amendments
Short Title of 1998 Amendments
Short Title of 1997 Amendments
Short Title of 1996 Amendments
Section 1(a) of
Section 401 of title IV of
Short Title of 1995 Amendment
Short Title of 1994 Amendments
Section 1(a) of
Section 101 of title I of
Short Title of 1993 Amendments
Short Title of 1992 Amendments
Short Title of 1991 Amendments
Section 1(a) of
Section 1(a) of
Section 1(a) of
Section 101 of title I of
Section 201 of title II of
Section 331 of
Short Title of 1990 Amendment
Short Title of 1989 Amendments
Section 1(a) of
Section 301 of title III of
Section 401 of title IV of
Short Title of 1988 Amendments
For short title of
Section 1(a) of
Short Title of 1987 Amendments
Short Title of 1986 Amendments
Section 1(a) of
Short Title of 1985 Amendment
Short Title of 1984 Amendments
For short title of
Section 1 of
Short Title of 1983 Amendment
Short Title of 1982 Amendments
Section 1(a) of
Short Title of 1981 Amendments
Short Title of 1980 Amendments
Short Title of 1979 Amendments
Section 1(a) of
Short Title of 1978 Amendments
Section 1 of
Short Title of 1977 Amendments
Section 1 of
Short Title of 1976 Amendments
Short Title of 1975 Amendments
Section 1 of
Short Title of 1974 Amendments
Short Title of 1973 Amendments
Short Title of 1972 Amendments
Section 1 of
Section 501 of title V of
Short Title of 1971 Amendment
Short Title of 1970 Amendments
Short Title of 1967 Amendment
Section 1 of
Short Title of 1966 Amendments
Section 1 of
Short Title of 1959 Amendment
Redesignation of Sections; Coordination of Redesignations With Other Amendments by Pub. L. 102–83
Section 5 of
"(a)
"(b)
"(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)
"(2) Any reference in a provision of law other than
"(d)
Study of Benefits Payable to Persons Residing Outside the United States; Report and Recommendations Not Later Than February 1, 1980
Disability Compensation or Dependency and Indemnity Compensation Award; Effective Date
Section 6(b) of
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
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.
Secretary and Department Defined
"(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
Section 3 of
Section Referred to in Other Sections
This section is referred to in
§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.
(
Amendments
1991—Subsecs. (a), (b).
Subsec. (c).
1986—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (a)(2).
1972—
Subsec. (b).
1966—Subsec. (a)(2).
Subsec. (b).
Effective Date of 1976 Amendment
Amendment by
§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) 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.
(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 this subsection 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); 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) 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 1713, relating to medical care for survivors and dependents of certain veterans.
(C)
(D)
(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.
(
Amendments
1999—Subsec. (d).
1991—Subsec. (a).
Subsec. (c).
Subsecs. (d), (e).
1990—Subsec. (d).
"(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).
1986—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
1974—Subsec. (e).
1970—Subsec. (d).
1967—Subsec. (a).
1962—Subsecs. (d), (e).
Effective Date of 1999 Amendment
Effective Date of 1990 Amendment
Section 8004(b) of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Limitation on Payments
Applicability of Amendments
"(a)
"(b)
Reinstatement of Benefits Subsequent to Termination of Relationship or Conduct Restricting Payment of Benefits; Effective Date of Award
Section 5 of
"(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."
Section Referred to in Other Sections
This section is referred to in
§104. Approval of educational institutions
(a) For the purpose of determining whether or not benefits are payable under this title (except
(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.
(
Amendments
1991—
1986—Subsec. (b).
1969—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§105. Line of duty and misconduct
(a) An injury or disease incurred during active military, naval, or air 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, or air 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.
(
Amendments
1991—Subsec. (c).
1990—Subsec. (a).
1988—Subsec. (c).
1986—Subsec. (a).
Subsec. (b)(1).
Effective Date of 1990 Amendment
Section 8052(b) of
Section Referred to in Other Sections
This section is referred to in title 50 App. section 593.
§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
(b) Any person—
(1) who has applied for enlistment or enrollment in the active military, naval, or air 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
(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) For the purposes of this title, any individual—
(1) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and
(2) who is disabled or dies from an injury 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 was incurred. 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 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. 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.
(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
(
Amendments
1991—Subsec. (a)(1).
Subsec. (d).
1986—Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
1982—Subsec. (a)(2).
Subsec. (e).
1965—Subsec. (e).
1964—Subsec. (d)(2).
1961—Subsec. (c).
Effective Date of 1961 Amendment
Section 2 of
Women's Air Forces Service Pilots
"(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
"(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
[Amendment of subsec. (a)(1)(B), set out above, by
Section Referred to in Other Sections
This section is referred to in
§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)
(3) chapters 11, 13 (except section 1312(a)), and 23 of this title.
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
(2) chapters 11 and 13 (except section 1312(a)) of this title.
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.
(
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,
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,
Amendments
1994—Subsecs. (a), (b).
1991—Subsec. (a)(3).
Subsec. (b).
1986—Subsec. (a).
1982—Subsec. (a)(2).
1966—
1961—
Effective Date of 1994 Amendment
Section 507(c) of
Effective Date of 1966 Amendment
Section 2(b) of
Effective Date of 1961 Amendment
Amendment by
Refund of Erroneously Deducted NSLI Premium to Philippine Veterans on Proper Application
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§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
(
Amendments
1991—Subsec. (a).
Subsec. (b).
Subsec. (c).
1986—Subsec. (b).
§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
(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.
(
Amendments
1991—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (c)(2).
1986—Subsec. (b).
1976—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.
(
Amendments
1991—
1969—
1964—
1962—
Effective Date of 1969 Amendment
Section 1 of
Effective Date of 1962 Amendment
Section 7 of
§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 traveled, of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to
(b)(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2)(A) 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
(D) A veteran (i) whose annual income (as determined under
(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.
(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)(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, except as provided in paragraph (5) of this subsection, 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.
(5) 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.
(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) 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.
(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) 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.
(2) In no event shall payment be provided under this section—
(A) unless the person claiming reimbursement has been determined, pursuant to regulations which the Secretary shall prescribe, to be unable to defray the expenses of such travel (except with respect to a person receiving benefits for or in connection with a service-connected disability under this title, a veteran receiving or eligible to receive pension under
(B) to reimburse for the cost of travel by privately owned vehicle in any amount in excess of the cost of such travel by public transportation unless (i) public transportation is not reasonably accessible or would be medically inadvisable, or (ii) the cost of such travel is not greater than the cost of public transportation; and
(C) in excess of the actual expense incurred by such person as certified in writing by such person.
(3) In conducting investigations and determining rates under this section, the Secretary shall review and analyze, among other factors, the following factors:
(A)(i) Depreciation of original vehicle costs;
(ii) gasoline and oil costs;
(iii) maintenance, accessories, parts, and tire costs;
(iv) insurance costs; and
(v) State and Federal taxes.
(B) The availability of and time required for public transportation.
(C) The per diem rates, mileage allowances, and expenses of travel authorized under
(4) 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.
(h) 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
(
Amendments
1994—Subsec. (b)(3)(B).
1991—Subsec. (a).
Subsec. (b).
Subsec. (b)(1)(C), (D).
Subsec. (b)(1)(E), (F).
Subsec. (b)(3)(B).
Subsec. (c)(1), (2).
Subsec. (c)(3).
Subsec. (c)(4), (5).
Subsec. (e).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2)(A).
Subsec. (g)(3), (4).
Subsec. (h).
1988—
Subsecs. (b), (c).
Subsec. (d).
Subsecs. (e), (f).
Subsec. (g).
Subsec. (h).
1982—Subsec. (e)(4).
1979—Subsec. (e)(2)(A).
1976—Subsec. (a).
Subsec. (e).
1966—Subsec. (a).
Subsec. (b).
1960—Subsec. (a).
Effective Date of 1988 Amendment
Section 108(g) of
Effective Date of 1979 Amendment
Section 206 of title II of
Effective Date of 1976 Amendment
Section 211 of
Transition Provision for 1988 Amendment
Section 108(f) of
Interim Guidelines for Beneficiary Travel Between January 1, 1984, and the Promulgation of Regulations by Administrator of Veterans' Affairs
Availability of Funds for Travel of Eligible Veterans, Dependents, or Survivors
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 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
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.
Section Referred to in Other Sections
This section is referred to in
§112. Presidential memorial certificate program
(a) At the request of the President the Secretary may conduct a program for honoring the memory of deceased veterans, discharged under honorable conditions, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's grateful recognition of the veteran'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.
(Added
Amendments
1991—Subsec. (a).
§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 (
(1) Benefits under
(2) Benefits under
(3) Benefits under
(4) Assistance and services under
(5) Benefits under
(6) Benefits under subchapters I, II, and III of
(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 (
(1) The following life insurance accounts:
(A) The National Service Life Insurance Fund authorized by
(B) The Service-Disabled Veterans Insurance Fund authorized by
(C) The Veterans Special Life Insurance Fund authorized by
(D) The Veterans Reopened Insurance Fund authorized by
(E) The United States Government Life Insurance Fund authorized by
(F) The Veterans Insurance and Indemnity appropriation authorized by
(2) The following revolving fund accounts:
(A) The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by
(B) The Veterans' Canteen Service revolving fund authorized by
(c)(1) A benefit under
(2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under
(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) The term "sequestration law" means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (
(3) The term "sequestration order" means an order of the President issued under part C of such Act.
(Added
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
The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of
Amendments
1991—Subsec. (a)(2).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (d).
1988—Subsec. (a)(4), (5).
Subsec. (d).
1987—Subsec. (a)(6).
Subsec. (c)(2).
Subsecs. (e) to (g).
"(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."
Effective Date of 1987 Amendment
Section 12(b) of
Effective Date
Section 601(b) of
Restoration of Certain Revolving Funds
Section 411(a) of
"(1) Notwithstanding section 601(b) of the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986 (
"(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
(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
(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
Amendments
1991—Subsec. (a).
Subsec. (a)(2)(B).
Subsec. (b)(1)(A).
Subsec. (b)(2)(A).
Subsec. (c).
Subsec. (d).
1989—
Subsec. (a).
Subsec. (b)(2)(A).
Subsec. (e)(2) to (4).
§115. Acquisition of real property
For the purposes of
(1) before title to the property is approved under section 355 of the Revised Statutes (
(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
Amendments
1994—
1991—
CHAPTER 3 —DEPARTMENT OF VETERANS AFFAIRS
Prior Provisions
Prior
Section 201,
Section 202,
Section 203, added
Section 210,
Section 211,
Section 212,
Section 213,
Section 214,
Section 215,
Section 216, added
Another prior section 216,
Section 217,
Section 218, added
Section 219, added
Section 220, added
Section 221, added
Section 222, added
Section 223, added
Section 224, added
Section 230,
Section 231,
Section 232,
Section 233,
Section 234,
Section 235, added
Section 236, added
Section 240, added
Section 241, added
Section 242, added
Section 243, added
Section 244, added
Section 245, added
Section 246, added
Amendments
1998—
1997—
1996—
1994—
1992—
1991—
§301. Department
(a) The Department of Veterans Affairs is an executive department of the United States.
(b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans.
(c) The Department is composed of the following:
(1) The Office of the Secretary.
(2) The Veterans Health Administration.
(3) The Veterans Benefits Administration.
(4) The National Cemetery Administration.
(5) The Board of Veterans' Appeals.
(6) The Veterans' Canteen Service.
(7) The Board of Contract Appeals.
(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary.
(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).
(Added
Prior Provisions
Prior section 301 was renumbered
Provisions similar to those in subsec. (a) of this section were contained in section 2 of
Provisions similar to those in subsec. (b) of this section were contained in
Amendments
1998—Subsec. (c)(4).
Renaming of Veterans Health Services and Research Administration
"(a)
"(b)
Department of Veterans Affairs Act
"SECTION 1. SHORT TITLE.
"This Act [see Tables for classification] may be cited as the 'Department of Veterans Affairs Act'.
"SEC. 2. ESTABLISHMENT OF VETERANS' ADMINISTRATION AS AN EXECUTIVE DEPARTMENT.
"The Veterans' Administration is hereby redesignated as the Department of Veterans Affairs and shall be an executive department in the executive branch of the Government.
"[SECS. 3 to 5. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402 .]
"SEC. 6. VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION.
"The establishment within the Veterans' Administration known as the Department of Medicine and Surgery is hereby redesignated as the Veterans Health Services and Research Administration of the Department of Veterans Affairs.
"SEC. 7. VETERANS BENEFITS ADMINISTRATION.
"The establishment within the Veterans' Administration known as the Department of Veterans' Benefits is hereby redesignated as the Veterans Benefits Administration of the Department of Veterans Affairs.
"SEC. 8. OFFICE OF THE GENERAL COUNSEL.
"[(a) Repealed.
"(b)
"SEC. 9. OFFICE OF THE INSPECTOR GENERAL.
"(a)
"[(b) Repealed.
"SEC. 10. REFERENCES.
"Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Veterans' Administration—
"(1) to the Administrator of Veterans' Affairs shall be deemed to refer to the Secretary of Veterans Affairs;
"(2) to the Veterans' Administration shall be deemed to refer to the Department of Veterans Affairs;
"(3) to the Deputy Administrator of Veterans' Affairs shall be deemed to refer to the Deputy Secretary of Veterans Affairs;
"(4) to the Chief Medical Director of the Veterans' Administration shall be deemed to refer to the Chief Medical Director [now Under Secretary for Health] of the Department of Veterans Affairs;
"(5) to the Department of Medicine and Surgery of the Veterans' Administration shall be deemed to refer to the Veterans Health Services and Research Administration of the Department of Veterans Affairs;
"(6) to the Chief Benefits Director of the Veterans' Administration shall be deemed to refer to the Chief Benefits Director [now Under Secretary for Benefits] of the Department of Veterans Affairs;
"(7) to the Department of Veterans' Benefits of the Veterans' Administration shall be deemed to refer to the Veterans Benefits Administration of the Department of Veterans Affairs;
"(8) to the Chief Memorial Affairs Director of the Veterans' Administration shall be deemed to refer to the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] of the Department of Veterans Affairs; and
"(9) to the Department of Memorial Affairs of the Veterans' Administration shall be deemed to refer to the National Cemetery System [now National Cemetery Administration] of the Department of Veterans Affairs.
"SEC. 11. SAVINGS PROVISIONS.
"(a)
"(1) which have been issued, made, granted, or allowed to become effective by the President, by the Administrator of Veterans' Affairs, or by a court of competent jurisdiction, in the performance of functions of the Administrator or the Veterans' Administration; and
"(2) which are in effect on the effective date of this Act [Mar. 15, 1989];
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent jurisdiction, or by operation of law.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1) who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e);
"(2) who continues to serve as Chief Medical Director [now Under Secretary for Health] or Chief Benefits Director [now Under Secretary for Benefits] of such department under section 3(f) or (g), respectively;
"(3) who acts as the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] under section 3(h); or
"(4) who acts as General Counsel of the Department of Veterans Affairs under section 8(b);
after the effective date of this Act and before the first appointment of a person to such position after such date shall continue to be compensated for so serving or acting at the rate at which such person was compensated before the effective date of this Act.
"[SEC. 12. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402 .]
"SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.
"After consultation with the appropriate committees of the Congress, the Secretary of Veterans Affairs shall prepare and submit to the Congress proposed legislation containing technical and conforming amendments to
"[SEC. 16. Repealed. Pub. L. 102–83, §3(3), Aug. 6, 1991, 105 Stat. 402 .]
"SEC. 18. EFFECTIVE DATE.
"(a)
"(b)
§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
Prior Provisions
Prior section 302 was renumbered
Provisions similar to those in this section were contained in
§303. Secretary of Veterans Affairs
There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
National Center on War-Related Illnesses and Post-Deployment Health Issues
"(a)
"(1) carrying out and promoting research regarding the etiologies, diagnosis, treatment, and prevention of war-related illnesses and post-deployment health issues; and
"(2) promoting the development of appropriate health policies, including monitoring, medical recordkeeping, risk communication, and use of new technologies.
"(b)
"(1) make recommendations regarding: (A) design of an organizational structure or structures, operational scope, staffing and resource needs, establishment of appropriate databases, the advantages of single or multiple sites, mechanisms for implementing recommendations on policy, and relationship to academic or scientific entities; (B) the role or roles that relevant Federal departments and agencies should have in the establishment and operation of any such center or centers; and (C) such other matters as it considers appropriate; and
"(2) report to the Secretary, the Secretaries of Defense and Health and Human Services, and the Committees on Veterans' Affairs of the Senate and House of Representatives, not later than 1 year after the date of the enactment of this Act [Nov. 11, 1998], on its recommendations.
"(c)
Specification in Budget Submissions of Funds for Certain Veterans Benefits
"(a)
"(1) Employment services and other employment benefits under programs administered by the Secretary of Labor.
"(2) Compensation under
"(3) Dependency and Indemnity Compensation under
"(4) Pension under
"(5) Inpatient hospital care under
"(6) Outpatient medical care under
"(7) Nursing home care under
"(8) Domiciliary care under
"(9) Readjustment counseling services under section 1712A of such title.
"(10) Insurance under
"(11) Specially adapted housing for disabled veterans under
"(12) Burial benefits under
"(13) Educational assistance under chapters 30, 32, and 34 of such title and
"(14) Vocational rehabilitation services under
"(15) Survivors' and dependents' educational assistance under
"(16) Home loan benefits under
"(17) Automobiles and adaptive equipment under
"(b)
Information and Training Concerning AIDS Prevention
"(a)
"(b)
"(1) develop, in consultation with the Surgeon General of the United States and the Director of the Centers for Disease Control and Prevention, publications and other materials containing information on AIDS, including information on the prevention of infection with the human immunodeficiency virus;
"(2) provide for periodic dissemination of publications (including the Surgeon General's Report on AIDS) and other materials containing such information;
"(3) make publications and other suitable materials containing such information readily available in Department of Veterans Affairs health-care facilities and such other Department of Veterans Affairs facilities as the Secretary considers appropriate; and
"(4) disseminate information (including the Surgeon General's Report on AIDS) on the risk of transmission of the human immunodeficiency virus, and information on preventing the transmission of such virus, to Department of Veterans Affairs substance abuse treatment personnel, to each person being furnished treatment by the Department of Veterans Affairs for drug abuse, and to each person receiving care or services from the Department of Veterans Affairs whom the Secretary believes to be at high risk for AIDS.
"(c)
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
Cross References
Compensation of Secretary of Veterans Affairs, see
§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
Prior Provisions
Provisions similar to those in this section were contained in
Cross References
Compensation of Deputy Secretary of Veterans Affairs, see
§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 a doctor of medicine and 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, and 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) 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.
(d)(1) Whenever a vacancy in the position of Under Secretary for Health occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.
(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:
(A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration.
(B) Two persons representing veterans served by the Veterans Health Administration.
(C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The Chairman of the Special Medical Advisory Group established under
(F) One person who has held the position of Under Secretary for Health (including service as Chief Medical Director of the Veterans' Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.
(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Health. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.
(Added and amended
Prior Provisions
Provisions similar to those in this section were contained in section 3(b) of
Amendments
1994—Subsec. (a)(1).
Subsec. (d)(2)(F).
1992—
1991—Subsec. (d)(2)(F).
Change of Name
Section 302(a) of
Section 302(e) of
"(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) 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.
(d)(1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.
(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:
(A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration.
(B) Two persons representing veterans served by the Veterans Benefits Administration.
(C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The chairman of the Veterans' Advisory Committee on Education formed under
(F) One person who has held the position of Under Secretary for Benefits (including service as Chief Benefits Director of the Veterans' Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.
(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.
(Added and amended
Prior Provisions
Provisions similar to those in this section were contained in section 3(c) of
Amendments
1994—Subsec. (a).
Subsec. (d)(2)(F).
1992—
1991—Subsec. (d)(2)(F).
Change of Name
Section 302(b) of
§307. Under Secretary for Memorial Affairs
There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in
(Added
Prior Provisions
Provisions similar to those in this section were contained in section 3(d) of
Amendments
1998—
§308. Assistant Secretaries; Deputy Assistant Secretaries
(a) There shall be in the Department not more than six Assistant Secretaries. Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following functions:
(1) Budgetary and financial functions.
(2) Personnel management and labor relations functions.
(3) Planning, studies, and evaluations.
(4) Management, productivity, and logistic support functions.
(5) Information management functions as required by
(6) Capital facilities and real property program functions.
(7) Equal opportunity functions.
(8) Functions regarding the investigation of complaints of employment discrimination within the Department.
(9) Functions regarding intergovernmental, public, and consumer information and affairs.
(10) Procurement functions.
(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 18, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by the Secretary and shall perform such functions as the Secretary prescribes.
(2) At least two-thirds of the number of positions established and filled under paragraph (1) shall be filled by individuals who have at least five years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment as a Deputy Assistant Secretary. For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position—
(A) of a confidential, policy-determining, policy-making, or policy-advocating character;
(B) in which such individual served as a noncareer appointee in the Senior Executive Service, as such term is defined in
(C) to which such individual was appointed by the President.
(Added
Prior Provisions
Provisions similar to those in this section were contained in sections 4(a), (b), (e) and 5 of
§309. Chief Financial Officer
The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in
(Added
Prior Provisions
Provisions similar to those in this section were contained in section 4(c) of
§310. Chief Information Officer
(a) The Chief Information Officer for the Department is designated pursuant to
(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under
(Added
References in Text
The Clinger-Cohen Act of 1996, referred to in subsec. (b), is div. D (§§4001–4402) and div. E (§§5001–5703) of
Prior Provisions
Prior section 310 was renumbered
Provisions similar to those in this section were contained in section 4(d) of
Amendments
1997—Subsec. (b).
1996—
Effective Date of 1996 Amendment
Amendment by
§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
Prior Provisions
Prior section 311 was renumbered
Provisions similar to those in this section were contained in section 8(a) of
§312. Inspector General
(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in the Inspector General Act of 1978 (5 U.S.C. App.). The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.
(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
(Added
References in Text
The Inspector General Act of 1978, referred to in subsec. (a), is
Prior Provisions
Prior section 312 was renumbered
Provisions similar to those in this section were contained in section 9(b) of
Amendments
1994—Subsec. (a).
Subsec. (b)(3).
§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
Prior Provisions
Prior section 313 was renumbered
Provisions similar to those in this section were contained in
§314. Central Office
The Central Office of the Department shall be in the District of Columbia.
(Added
Prior Provisions
Prior section 314 was renumbered
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
§315. Regional offices
(a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary.
(b) The Secretary may maintain a regional office in the Republic of the Philippines until December 31, 2003.
(Added
Prior Provisions
Prior section 315 was renumbered
Provisions similar to those in this section were contained in
Amendments
1999—Subsec. (b).
1994—Subsec. (b).
1993—Subsec. (b).
1992—Subsec. (b).
Effective Date of 1992 Amendment
Section 1(b) of
Ratification of Maintenance of Office During Lapsed Period
Section 1(c) of
Section Referred to in Other Sections
This section is referred to in
§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
Prior Provisions
Prior section 316 was renumbered
Section Referred to in Other Sections
This section is referred to in
§317. Center for Minority Veterans
(a) There is in the Department a Center for Minority Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.
(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with respect to veterans who are minorities:
(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minorities.
(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are minorities are eligible.
(3) Promote the use of benefits authorized by this title by veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with outreach activities carried out under
(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minorities.
(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minorities and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.
(6) Analyze and evaluate complaints made by or on behalf of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.
(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minorities.
(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are minorities.
(9) Publicize the results of medical research which are of particular significance to veterans who are minorities.
(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (
(11) Provide support and administrative services to the Advisory Committee on Minority Veterans provided for under
(12) Perform such other duties consistent with this section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year—
(1) detailed information on the budget for the Center;
(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and
(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.
(g) In this section—
(1) The term "veterans who are minorities" means veterans who are minority group members.
(2) The term "minority group member" has the meaning given such term in
(Added
Prior Provisions
Prior section 317, added
Amendments
1996—Subsec. (b).
Subsec. (d)(10) to (12).
Subsec. (g).
§318. Center for Women Veterans
(a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.
(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with respect to veterans who are women:
(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women.
(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible.
(3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under
(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women.
(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.
(6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.
(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women.
(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women.
(9) Publicize the results of medical research which are of particular significance to veterans who are women.
(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (
(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under
(12) Perform such other duties consistent with this section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year—
(1) detailed information on the budget for the Center;
(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and
(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.
(Added
Prior Provisions
Prior sections 321, 322, and 331 to 335 were renumbered
Prior section 336,
Prior sections 337, 341, and 342 were renumbered
Prior section 343,
Prior sections 351 to 355 were renumbered
Prior section 356,
Prior sections 357 to 363 were renumbered
Prior sections 401 and 402 were renumbered
Prior section 403,
Prior sections 404, 410 to 418, and 421 to 423 were renumbered
Amendments
1996—Subsec. (b).
Subsec. (d)(10).
Assessment of Use by Women Veterans of Department of Veterans Affairs Health Services
"(a)
"(1) the extent to which women veterans described in paragraphs (1) and (2) of
"(2) recommendations, if indicated, for encouraging greater use of such services, including (if appropriate) public service announcements and other outreach efforts.
"(b)
"(1) the most recent report of the Center for Women Veterans under subsection (a);
"(2) the views of the Under Secretary for Health on such report's findings and recommendations; and
"(3) a description of the steps being taken by the Secretary to remedy any problems described in the report."
§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
Effective Date
Section 102(c) of
Reports on Implementation
Section 102(b) of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 5 —AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER I—GENERAL AUTHORITIES
SUBCHAPTER II—SPECIFIED FUNCTIONS
SUBCHAPTER III—ADVISORY COMMITTEES
Amendments
1998—
1997—
1996—
1994—
1992—
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
(d) The provisions of
(Added
Prior Provisions
Prior section 501 was renumbered
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
§502. Judicial review of rules and regulations
An action of the Secretary to which
(Added
Prior Provisions
Prior section 502 was renumbered
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
§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.
(Added
Prior Provisions
Prior sections 503 and 504 were renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior sections 505 to 508 were renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior section 510,
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (b).
Authority of Secretary of Veterans Affairs To Carry Out Specified Administrative Reorganization
"(a)
"(b)
Inapplicability of Restrictions
"(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
"(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
(2) matters covered by
(3) matters arising under
(4) matters covered by
(Added
Prior Provisions
Prior section 511 was renumbered
Provisions similar to those in this section were contained in
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.
Section Referred to in Other Sections
This section is referred to in
§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
Prior Provisions
Prior section 512 was renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Provisions similar to those in this section were contained in
§515. Administrative settlement of tort claims
(a)(1) Notwithstanding the limitations contained in
(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
(Added
Prior Provisions
Provisions similar to those in this section were contained in
§516. Equal employment responsibilities
(a) 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.
(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 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) The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of this section and
(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 30 days after the end of each calendar quarter, the Assistant Secretary for Human Resources and Administration 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) 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.
(h) The provisions of this section shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission.
(Added
Amendments
1998—Subsec. (e)(2)(E).
Effective Date
Section 101(c) of
Reports on Implementation and Operation of Equal Employment Opportunity System
Section 101(b) of
"(1) The Secretary of Veterans Affairs shall submit to Congress reports on the implementation and operation of the equal employment opportunity system within the Department of Veterans Affairs. The first such report shall be submitted not later than April 1, 1998, and subsequent reports shall be submitted not later than January 1, 1999, and January 1, 2000.
"(2) The first report under paragraph (1) shall set forth the actions taken by the Secretary to implement
"(3) The subsequent reports under paragraph (1) shall set forth, for each equal employment opportunity field office of the Department and for the Department as a whole, the following:
"(A) Any information to supplement the information submitted in the report under paragraph (2) that the Secretary considers appropriate.
"(B) The number of requests for counseling relating to employment discrimination received during the one-year period ending on the date of the report concerned.
"(C) The number of employment discrimination complaints received during such period.
"(D) The status of each complaint described in subparagraph (C), including whether or not the complaint was resolved and, if resolved, whether the employee concerned sought review of the resolution by the Equal Employment Opportunity Commission or by Federal court.
"(E) The number of employment discrimination complaints that were settled during such period, including—
"(i) the type of such complaints; and
"(ii) the terms of settlement (including any settlement amount) of each such complaint."
Assessment and Review of Employment Discrimination Complaint Resolution System
Section 103 of
"(a)
"(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)
"(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)
"(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."
SUBCHAPTER II—SPECIFIED FUNCTIONS
§521. Assistance to certain rehabilitation activities
(a) The Secretary may assist any organization named in or approved under
(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
(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
Prior Provisions
Prior section 521 was renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior section 522 was renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior sections 523 and 524 were renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior section 525 was renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Provisions similar to those in this section were contained in
Persian Gulf War Veterans' Health Status
"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)
"(b)
"(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
"(B) files a claim for compensation under
"(C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under
"(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)
"(d)
"(e)
"(f)
"SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE FOR INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.
"(a)
"(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)
"(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
"SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
"(a)
"(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)
"(c)
"(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)
"(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 (
"(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)
"(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)
"(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)
"(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)
"(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)
"(b)
"(c)
"(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)
"(e)
"SEC. 708. DEFINITION.
"For the purposes of this title, the term 'Persian Gulf War' has the meaning given such term in
Services for Homeless Veterans
Section Referred to in Other Sections
This section is referred to in
§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
Prior Provisions
Provisions similar to those in this section were contained in
Prior section 531,
Prior sections 532 to 537 were renumbered
Section Referred to in Other Sections
This section is referred to in
§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
(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
§531. Requirement relating to naming of Department property
Except as expressly provided by law, 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.
(Added
Effective Date
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, 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
(Added
Prior Provisions
Prior section 541 was renumbered
Provisions similar to those in this section were contained in
Amendments
1992—Subsec. (a)(2)(B).
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 14 of
§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; and
(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.
(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 even-numbered 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; 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 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
(Added
Prior Provisions
Prior section 542 was renumbered
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (b).
1992—Subsec. (a)(2)(B)(iii).
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
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 14 of
Section Referred to in Other Sections
This section is referred to in
§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
Prior Provisions
Prior section 543 was renumbered
Change of Name
Section 105(a) of
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 14 of
§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; and
(iv) veterans who are minority group members and who do not have such experience.
(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 each 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
(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 December 31, 2003.
(Added
Prior Provisions
Prior section 544, added
Another prior section 544,
Amendments
1999—Subsec. (e).
1996—Subsec. (b).
Subsec. (e).
Section Referred to in Other Sections
This section is referred to in
§545. Advisory Committee on the Readjustment of Veterans
(a)(1) There is in the Department the Advisory Committee on the Readjustment of Veterans (hereafter 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
(d)(1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section.
(2) Section 14 of such Act shall not apply to the Committee.
(Added
References in Text
The Federal Advisory Committee Act, referred to in subsec. (d), is
Prior Provisions
Prior
Prior sections 560 to 562 were renumbered
Prior sections 601 to 603 and 610 to 613 were renumbered
Another prior section 613,
Prior sections 614 to 620C were renumbered
Another prior section 620C, added
Prior sections 621 to 624 were renumbered
Prior section 625,
Prior sections 626 to 631 were renumbered
Another prior section 631,
Prior section 632 was renumbered
Another prior section 632,
Prior sections 633 to 635 and 641 to 643 were renumbered
Prior section 644, added
Prior sections 651 to 654 and 661 to 664 were renumbered
Commission on Servicemembers and Veterans Transition Assistance
"SEC. 701. ESTABLISHMENT OF COMMISSION.
"(a)
"(b)
"(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)
"(d)
"(e)
"(f)
"(g)
"(h)
"(i)
"SEC. 702. DUTIES OF COMMISSION.
"(a)
"(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)
"(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)
"(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)
"(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)
"(b)
"SEC. 704. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
"(a)
"(b)
"(c)
"SEC. 705. COMMISSION PERSONNEL MATTERS.
"(a)
"(b)
"(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
"(c)
"(2) The chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of
"(d)
"(e)
"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
"(3) The term 'veteran' has the meaning given such term in
"(4) The term 'veterans service organization' means any organization covered by
"SEC. 708. FUNDING.
"(a)
"(b)
Original Members of Advisory Committee
Section 333(b) of
"(1) Notwithstanding subsection (a)(2) of
"(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."
CHAPTER 7 —EMPLOYEES
Amendments
1994—
§701. Placement of employees in military installations
The Secretary may place employees of the Department in such Army, Navy, and Air 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, or air service.
(Added
Prior Provisions
Prior sections 701 and 702 were renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior sections 703 and 704 were renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior sections 705 and 706 were renumbered
Provisions similar to those in this section were contained in
§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)
(7)
(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 (
(Added
References in Text
The Foreign Service Act of 1980, referred to in subsecs. (a)(1)–(5) and (b), is
Prior Provisions
Prior sections 707 and 708 were renumbered
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (a)(6).
Subsec. (a)(7).
Effective Date of 1996 Amendment
Amendment by
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 (
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
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 (
(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 (
(c) The following authority in Section 235 [see 707] of
(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 (
(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
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
(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
Prior Provisions
Prior sections 709 and 710 were renumbered
Provisions similar to those in this section were contained in section 12 of
Amendments
1992—Subsec. (c)(2)(A).
§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
(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
Prior Provisions
Prior section 711 was renumbered
Provisions similar to those in this section were contained in former
Prior sections 712 to 729, 740 to 763, 765 to 779, 781 to 788, and 801 to 806 were renumbered
Amendments
1996—Subsec. (d).
1994—Subsec. (d).
§712. Full-time equivalent positions: limitation on reduction
(a) Notwithstanding any other provision of law, the number of full-time equivalent positions in the Department of Veterans Affairs during the period beginning on November 2, 1994, and ending on September 30, 1999, may not (except as provided in subsection (c)) be less than 224,377.
(b) In determining the number of full-time equivalent positions in the Department of Veterans Affairs during a fiscal year for purposes of ensuring under section 5(b) of the Federal Workforce Restructuring Act of 1994 (
(1) the number of such positions in the Department during that fiscal year, reduced by
(2) the sum of the following:
(A) The number of such positions in the Department during that fiscal year that are filled by employees whose salaries and benefits are paid primarily from funds other than appropriated funds.
(B) The number of such positions in the Department during that fiscal year held by persons involved in providing health-care resources under
(c) The Secretary shall not be required to make a reduction in the number of full-time equivalent positions in the Department unless such reduction—
(1) is necessary due to a reduction in funds available to the Department; or
(2) is required under a law that is enacted after the date of the enactment of this section and that refers specifically to this section.
(d) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report, through the year 2000, on the number and type of full-time equivalent positions in the Department that are reduced under this section. The report shall include a justification for the reductions and shall be submitted with the materials provided in support of the budget for the Department contained in the President's budget submitted to Congress for a fiscal year pursuant to
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of
Amendments
1998—Subsec. (a).
1997—Subsec. (b)(2)(B), (C).
1996—Subsec. (b)(2).
Subsec. (b)(2)(A), (B).
Subsec. (b)(2)(C).
Effective Date of 1997 Amendment
Section 8023(g) of
"(1) Except as provided in paragraph (2), this section [enacting
"(2) The amendments made by subsection (d) [amending
Congressional Findings
Section 1101 of
"(1) Under proposals for national health care reform, the Department of Veterans Affairs will be required to provide health care services to veterans on a competitive basis with other health care providers.
"(2) The elimination of positions from the Department that the Office of Management and Budget has scheduled to occur in fiscal years 1995 through 1999 would prevent the Department from meeting the responsibilities of the Department to provide health care to veterans under law and from maintaining the quality of health care that is currently provided to veterans."
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.
(Added
Prior Provisions
Prior section 901 was renumbered
Provisions similar to those in this section were contained in
Cross References
Protection of Federal property under jurisdiction of Administrator of General Services, see
Section Referred to in Other Sections
This section is referred to in
§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, enforce—
(A) Federal laws;
(B) the rules prescribed under
(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.
(2) 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.
(3) 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
(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 Secretary shall consult with the Attorney General before prescribing regulations under paragraph (1) of subsection (b).
(d) Rates of basic pay for Department police officers may be increased by the Secretary under
(Added
Prior Provisions
Prior section 902 was renumbered
Provisions similar to those in this section were contained in
Section Referred to in Other Sections
This section is referred to in
§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) 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.
(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
(Added
Prior Provisions
Prior section 903 was renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior section 904 was renumbered
Provisions similar to those in this section were contained in
§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
Prior Provisions
Prior section 905 was renumbered
Provisions similar to those in this section were contained in
Prior sections 906 to 908 and 1000 to 1010 were renumbered