Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_name: "VETERANS BENEFITS"
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chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
section: "302"
citation: "38 U.S.C. § 302"
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---
# 38 U.S.C. § 302 - Seal
## Text
(a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal.
(b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 379.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 302 was renumbered section 1102 of this title. Provisions similar to those in this section were contained in section 202 of this title prior to repeal by Pub. L. 10283, § 2(a).
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# 38 U.S.C. § 303 - Secretary of Veterans Affairs
## Text
There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 379.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 210(a), (b)(1) of this title and in second and third sentences of section 2 of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, §§ 2(a), 3(1).
Statutory Notes and Related Subsidiaries
Plan for Reduction of Backlog of Freedom of Information Act RequestsPub. L. 117328, div. U, title IV, § 406, Dec. 29, 2022, 136 Stat. 5493, provided that: “(a) Plan.—“(1) In general.—The Secretary of Veterans Affairs shall establish and carry out a plan for the Secretary to meet, by not later than five years after the date of the enactment of this Act [Dec. 29, 2022], the requirements of section 552 of title 5, United States Code, (commonly known as the Freedom of Information Act or FOIA) with respect to providing documents and information under such section within the timeframes required by such section. “(2) Elements.—The plan required by paragraph (1) shall include the following:“(A) Improving and acquiring technology, including with respect to searching email and other electronic information, and the timelines for such improvement, to ensure that the information technology of the Department of Veterans Affairs is capable of carrying out the plan. “(B) Identification of efficient procedures, policies, and systems of the Department that could be developed to allow employees of the Department responsible for replying to requests under such section 552 to search and review documents rather than other employees of the Department. “(C) A schedule for carrying out the plan, including key milestones and metrics. “(b) Compliance Assessment.—The Secretary shall request the Director of the Office of Government Information Services of the National Archives and Records Administration to conduct an assessment of the compliance by the Department of Veterans Affairs with section 552 of title 5, United States Code. “(c) Reports.—“(1) Initial report.—“(A) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report on implementing subsections (a) and (b). “(B) Contents.—The report required by subparagraph (A) shall include the following:“(i) The plan established under subsection (a). “(ii) An analysis of the root causes of the backlog of Freedom of Information Act requests. “(iii) Recommendations with respect to any additional resources or legislative action the Secretary determines necessary for such implementation. “(2) Annual reports.—During the five-year period following the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives annual reports on—“(A) carrying out the plan under subsection (a), including any updates or changes made to the plan; and “(B) the compliance by the Department as described in subsection (b). “(3) Publication.—The Secretary shall make publicly available on the internet website of the Department the reports under paragraphs (1) and (2) by not later than 30 days after the date on which the Secretary submits the reports to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives. “(d) Definition of Backlog of Freedom of Information Act Requests.—In this section, the term backlog of Freedom of Information Act requests means the number of requests, as reported by the Secretary of Veterans Affairs to the Attorney General in the Annual FOIA Report, made by individuals to the Secretary pursuant to section 552 of title 5, United States Code, for documents or information that the Secretary has not fulfilled or provided a response to the individual.”
Waiver of Pay Caps for Employees of Department of Veterans Affairs During Public Health EmergenciesPub. L. 116136, div. B, title X, § 20008, Mar. 27, 2020, 134 Stat. 588, provided that: “(a) In General.—Notwithstanding any other provision of law, the Secretary of Veterans Affairs may waive any limitation on pay for an employee of the Department of Veterans Affairs during a public health emergency for work done in support of response to the emergency. “(b) Reporting.—“(1) In general.—For each month that the Secretary waives a limitation under subsection (a), the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report on the waiver. “(2) Contents.—Each report submitted under paragraph (1) for a waiver or waivers in a month shall include the following:“(A) Where the waiver or waivers were used, including in which component of the Department and, as the case may be, which medical center of the Department. “(B) For how many employees the waiver or waivers were used, disaggregated by component of the Department and, if applicable, medical center of the Department. “(C) The average amount by which each payment exceeded the waived pay limitation that was waived, disaggregated by component of the Department and, if applicable, medical center of the Department. “(c) Employee of the Department of Veterans Affairs Defined.—In this section, the term employee of the Department of Veterans Affairs includes any employee of the Department of Veterans Affairs, regardless of the authority under which the employee was hired.” [For definition of “public health emergency” as used in section 20008 of Pub. L. 116136, set out above, see section 20003 of Pub. L. 116136, set out below.]
Provision by Department of Veterans Affairs of Personal Protective Equipment for Home Health WorkersPub. L. 116136, div. B, title X, § 20009, Mar. 27, 2020, 134 Stat. 588, provided that: “(a) Provision of Equipment.—“(1) In general.—During a public health emergency, the Secretary of Veterans Affairs shall provide to employees and contractors of the Department of Veterans Affairs personal protective equipment necessary to provide home care to veterans under the laws administered by the Secretary. “(2) Source of equipment.—Personal protective equipment may be provided under paragraph (1) through the All Hazards Emergency Cache of the Department or any other source available to the Department. “(b) Definitions.—In this section:“(1) Home care.—The term home care has the meaning given that term in section 1803(c) of title 38, United States Code. “(2) Personal protective equipment.—The term personal protective equipment means any protective equipment required to prevent the wearer from contracting COVID19, including gloves, N95 respirator masks, gowns, goggles, face shields, or other equipment required for safety.” [For definition of “public health emergency” as used in section 20009 of Pub. L. 116136, set out above, see section 20003 of Pub. L. 116136, set out below.]
Secretarys Approval of Research Using Canines, Felines, or Non-Human PrimatesPub. L. 11937, div. D, title II, § 247, Nov. 12, 2025, 139 Stat. 618, provided that: “(a) None of the funds appropriated or otherwise made available by this Act [div. D of Pub. L. 11937, see Tables for classification] may be used to conduct research commencing on or after July 1, 2025, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b). “(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after July 1, 2025, using canines, felines, or non-human primates if the Secretary certifies that—“(A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates and cannot be met using other animal models, in vitro models, computational models, human clinical studies, or other research alternatives; “(B) such scientific objectives are necessary to advance research benefiting veterans and are directly related to an illness or injury that is combat-related as defined by 10 U.S.C. 1413(e) [probably means 10 U.S.C. 1413a(e)]; “(C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document; and “(D) ethical considerations regarding minimizing the harm experienced by canines, felines, or non-human primates are included in evaluating the scientific necessity of the research. “(2) The Secretary may not delegate the authority under this subsection. “(c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing—“(1) the nature of the research to be conducted using canines, felines, or non-human primates; “(2) the date on which the Secretary approved the research; “(3) the USDA pain category on the approved use; “(4) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates, and methods used to make such determination; “(5) the frequency and duration of such research; and “(6) the protocols in place to ensure the necessity, safety, and efficacy of the research, and animal welfare. “(d) Not later than December 31, 2025, and biannually thereafter, the Secretary shall submit to such Committees a report describing—“(1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report; “(2) the circumstances under which such research was conducted using canines, felines, or non-human primates; “(3) the justification for using canines, felines, or non-human primates to conduct such research; “(4) the protocols in place to ensure the necessity, safety, and efficacy of such research; and “(5) the development and adoption of alternatives to canines, felines, or non-human primate research. “(e) Not later than December 31, 2025, and annually thereafter, the Department of Veterans Affairs must submit to voluntary U.S. Department of Agriculture inspections of canine, feline, and non-human primate research facilities. “(f) Not later than December 31, 2025, and annually thereafter, the Secretary shall submit to such Committees a report describing—“(1) any violations of the Animal Welfare Act [7 U.S.C. 2131 et seq.], the Public Health Service Policy on Humane Care and Use of Laboratory Animals, or other Department of Veterans Affairs policies related to oversight of animal research found during that quarter in VA research facilities; “(2) immediate corrective actions taken; and “(3) specific actions taken to prevent their recurrence. “(g) The Department shall implement a plan under which the Secretary will eliminate the research conducted using canines, felines, or non-human primates by not later than September 20, 2026.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 11842, div. A, title II, § 247, Mar. 9, 2024, 138 Stat. 57. Pub. L. 117328, div. J, title II, § 247, Dec. 29, 2022, 136 Stat. 4967. Pub. L. 117103, div. J, title II, § 247, Mar. 15, 2022, 136 Stat. 558. Pub. L. 116260, div. J, title II, § 247, Dec. 27, 2020, 134 Stat. 1682. Pub. L. 11694, div. F, title II, § 249, Dec. 20, 2019, 133 Stat. 2806.
Plans for Use of Supplemental Appropriations RequiredPub. L. 115182, title I, § 141, June 6, 2018, 132 Stat. 1429, as amended by Pub. L. 115251, title II, § 211(b)(3), Sept. 29, 2018, 132 Stat. 3176, provided that: “Whenever the Secretary of Veterans Affairs submits to Congress a request for supplemental appropriations or any other appropriation outside the standard budget process to address a budgetary issue affecting the Department of Veterans Affairs, the Secretary shall, not later than 45 days before the date on which such budgetary issue would start affecting a program or service, submit to Congress a justification for the request, including a plan that details how the Secretary intends to use the requested appropriation and how long the requested appropriation is expected to meet the needs of the Department and certification that the request was made using an updated and sound actuarial analysis.”
Inclusion in Annual Budget Submission of Information on Capacity of Veterans Benefits Administration To Process Benefits ClaimsPub. L. 114315, title I, § 106, Dec. 16, 2016, 130 Stat. 1542, provided that: “(a) In General.—Along with the supporting information included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, the President shall include information on the capacity of the Veterans Benefits Administration to process claims for benefits under the laws administered by the Secretary of Veterans Affairs, including information described in subsection (b), during the fiscal year covered by the budget with which the information is submitted. “(b) Information Described.—The information described in this subsection is the following:“(1) An estimate of the average number of claims for benefits under the laws administered by the Secretary, excluding such claims completed during mandatory overtime, that a single full-time equivalent employee of the Administration should be able to process in a year, based on the following:“(A) A time and motion study that the Secretary shall conduct on the processing of such claims. “(B) Such other information relating to such claims as the Secretary considers appropriate. “(2) A description of the actions the Secretary will take to improve the processing of such claims. “(3) An assessment of the actions identified by the Secretary under paragraph (2) in the previous year and an identification of the effects of those actions. “(c) Effective Date.—This section shall apply with respect to any budget submitted as described in subsection (a) with respect to any fiscal year after fiscal year 2018.”
Information To Be Included in Budget Justification Documents for Construction, Major Projects AccountPub. L. 114223, div. A, title II, § 258, Sept. 29, 2016, 130 Stat. 895, provided that: “(a) In fiscal year 2017 and each fiscal year hereafter, beginning with the fiscal year 2018 budget request submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the budget justification documents submitted for the Construction, Major Projects account of the Department of Veterans Affairs shall include, at a minimum, the information required under subsection (b). “(b) The budget justification documents submitted pursuant to subsection (a) shall include, for each project—“(1) the estimated total cost of the project; “(2) the funding provided for each fiscal year prior to the budget year; “(3) the amount requested for the budget year; “(4) the estimated funding required for the project for each of the 4 fiscal years succeeding the budget year; and “(5) such additional information as is enumerated under the heading relating to the Construction, Major Projects account of the Department of Veterans Affairs in the joint explanatory statement accompanying this Act. “(c) Not later than 45 days after the date of enactment of this Act [Sept. 29, 2016], the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a proposed budget justification template that complies with the requirements of this section.” [For definition of “joint explanatory statement accompanying this Act” as used in section 258 of div. A of Pub. L. 114223, set out above, see section 6 of Pub. L. 114223, Sept. 29, 2016, 130 Stat. 858.]
Notice to Congressional Veterans Committees of Certain Transfers of FundsPub. L. 109461, title X, § 1001, Dec. 22, 2006, 120 Stat. 3464, provided that: “To the extent that the Secretary of Veterans Affairs is required or directed, under any provision of law, to provide written notice to any committee of Congress other than the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives on the transfer of appropriations from one account to any other account, the Secretary shall also transmit such notice to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives.”
National Center on War-Related Illnesses and Post-Deployment Health IssuesPub. L. 105368, title I, § 103, Nov. 11, 1998, 112 Stat. 3322, provided that: “(a) Assessment.—The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Sciences, or another appropriate independent organization, under which such entity shall assist in developing a plan for the establishment of a national center or national centers for the study of war-related illnesses and post-deployment health issues. The purposes of such a center may include—“(1) carrying out and promoting research regarding the etiologies, diagnosis, treatment, and prevention of war-related illnesses and post-deployment health issues; and “(2) promoting the development of appropriate health policies, including monitoring, medical recordkeeping, risk communication, and use of new technologies. “(b) Recommendations and Report.—With respect to such a center, an agreement under this section shall provide for the Academy (or other entity) to—“(1) make recommendations regarding: (A) design of an organizational structure or structures, operational scope, staffing and resource needs, establishment of appropriate databases, the advantages of single or multiple sites, mechanisms for implementing recommendations on policy, and relationship to academic or scientific entities; (B) the role or roles that relevant Federal departments and agencies should have in the establishment and operation of any such center or centers; and (C) such other matters as it considers appropriate; and “(2) report to the Secretary, the Secretaries of Defense and Health and Human Services, and the Committees on Veterans Affairs of the Senate and House of Representatives, not later than 1 year after the date of the enactment of this Act [Nov. 11, 1998], on its recommendations. “(c) Report on Establishment of National Center.—Not later than 60 days after receiving the report under subsection (b), the Secretaries specified in subsection (b)(2) shall submit to the Committees on Veterans Affairs and Armed Services of the Senate and the Committees on Veterans Affairs and Natoinal [sic] Security of the House of Representatives a joint report on the findings and recommendations contained in that report. Such report may set forth an operational plan for carrying out any recommendation in that report to establish a national center or centers for the study of war-related illnesses. No action to carry out such plan may be taken after the submission of such report until the end of a 90-day period following the date of the submission.”
Specification in Budget Submissions of Funds for Certain Veterans BenefitsPub. L. 100687, div. B, title XIV, § 1404, Nov. 18, 1988, 102 Stat. 4131, as amended by Pub. L. 10283, §§ 5(c)(2), 6(k)(3), Aug. 6, 1991, 105 Stat. 406, 409, provided that: “(a) Budget Information.—In the documentation providing detailed information on the budgets for the Department of Veterans Affairs and the Department of Labor that the Secretary of Veterans Affairs and the Secretary of Labor, respectively, submit to the Congress in conjunction with the Presidents budget submission for each fiscal year pursuant to section 1105 of title 31, United States Code, the Secretary of Veterans Affairs and the Secretary of Labor shall identify, to the maximum extent feasible, the estimated amount in each of the appropriation requests for Department of Veterans Affairs accounts and Department of Labor accounts, respectively, that is to be obligated for the furnishing of each of the following services or benefits only to, or with respect to, veterans who performed active military, naval, or air service in combat with the enemy or in a theatre of combat operations during a period of war or other hostilities:“(1) Employment services and other employment benefits under programs administered by the Secretary of Labor. “(2) Compensation under chapter 11 of title 38, United States Code. “(3) Dependency and Indemnity Compensation under chapter 13 of such title. “(4) Pension under chapter 15 of such title. “(5) Inpatient hospital care under chapter 17 of such title. “(6) Outpatient medical care under chapter 17 of such title. “(7) Nursing home care under chapter 17 of such title. “(8) Domiciliary care under chapter 17 of such title. “(9) Readjustment counseling services under section 1712A of such title. “(10) Insurance under chapter 19 of such title. “(11) Specially adapted housing for disabled veterans under chapter 21 of such title. “(12) Burial benefits under chapter 23 of such title. “(13) Educational assistance under chapters 30, 32, and 34 of such title and chapter 106 of title 10, United States Code. “(14) Vocational rehabilitation services under chapter 31 of title 38, United States Code. “(15) Survivors and dependents educational assistance under chapter 35 of such title. “(16) Home loan benefits under chapter 37 of such title. “(17) Automobiles and adaptive equipment under chapter 39 of such title. “(b) Report on Feasibility.—If the Secretary of Veterans Affairs or the Secretary of Labor determines that, with respect to any services or benefits referred to in subsection (a), it is not feasible to identify an estimated dollar amount to be obligated for furnishing such services or benefits only to veterans described in that subsection for any fiscal year, the Secretary of Veterans Affairs and the Secretary of Labor shall, with respect to an appropriation request for such fiscal year relating to such services or benefits, report to the Committees on Veterans Affairs of the Senate and the House of Representatives the reasons for the infeasibility. The report shall be submitted contemporaneously with the budget submission for such fiscal year. The report shall specify (1) the information, systems, equipment, or personnel that would be required in order for it to be feasible for the Secretary of Veterans Affairs or the Secretary of Labor to identify such amount, and (2) the actions to be taken in order to ensure that it will be feasible to make such an estimate in connection with the submission of the budget request for the next fiscal year.”
Information and Training Concerning AIDS PreventionPub. L. 100322, title I, § 123, May 20, 1988, 102 Stat. 504, as amended by Pub. L. 10283, § 6(j)(2), Aug. 6, 1991, 105 Stat. 409; Pub. L. 102531, title III, § 312(c), Oct. 27, 1992, 106 Stat. 3504, provided that: “(a) Information Program.—The Secretary of Veterans Affairs shall establish and carry out an information program relating to the acquired immune deficiency syndrome (hereinafter in this section referred to as AIDS). The information program shall be for employees and consultants of the Department of Veterans Affairs, for other persons providing services in Department of Veterans Affairs facilities to beneficiaries of programs administered by the Department of Veterans Affairs, and for such beneficiaries. “(b) Required Elements of Information Program.—In conducting the program under subsection (a), the Secretary shall—“(1) develop, in consultation with the Surgeon General of the United States and the Director of the Centers for Disease Control and Prevention, publications and other materials containing information on AIDS, including information on the prevention of infection with the human immunodeficiency virus; “(2) provide for periodic dissemination of publications (including the Surgeon Generals 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 Generals Report on AIDS) on the risk of transmission of the human immunodeficiency virus, and information on preventing the transmission of such virus, to Department of Veterans Affairs substance abuse treatment personnel, to each person being furnished treatment by the Department of Veterans Affairs for drug abuse, and to each person receiving care or services from the Department of Veterans Affairs whom the Secretary believes to be at high risk for AIDS. “(c) Training in AIDS Prevention.—The Secretary shall establish and carry out a program that provides for education, training, and other activities (including continuing education and infection control programs) regarding AIDS and the human immunodeficiency virus designed to improve the effectiveness and safety of all health-care personnel and all health-care support personnel involved in the furnishing of care under programs administered by the Department of Veterans Affairs.”
Definition of “Public Health Emergency”Pub. L. 116136, div. B, title X, § 20003, Mar. 27, 2020, 134 Stat. 585, provided that: “In this title [enacting provisions set out as notes above and under sections 1503, 1710B, 1712A, 1714, 1741, 2011, 2041, and 2044 of this title], the term public health emergency means an emergency with respect to COVID19 declared by a Federal, State, or local authority.”
Executive Documents
Emergency Preparedness Functions For assignment of certain emergency preparedness functions to Secretary of Veterans Affairs, see Parts 1, 2, and 27 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
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# 38 U.S.C. § 304 - Deputy Secretary of Veterans Affairs
## Text
There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 379.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 210(d) of this title and in section 3(a) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, §§ 2(a), 3(3).
Executive Documents
Order of SuccessionFor order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under section 3345 of Title 5, Government Organization and Employees.
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# 38 U.S.C. § 305 - Under Secretary for Health
## Text
(a) (1) There is in the Department an Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate.
(2) The Under Secretary for Health shall be appointed without regard to political affiliation or activity and solely—
(A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, or in health-care fiscal management; and
(B) on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope.
(b) The Under Secretary for Health is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration.
(c) (1) Whenever a vacancy in the position of Under Secretary for Health occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.
(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:
(A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration.
(B) Two persons representing veterans served by the Veterans Health Administration.
(C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The Chairman of the Special Medical Advisory Group established under section 7312 of this title.
(F) One person who has held the position of Under Secretary for Health (including service as Chief Medical Director of the Veterans Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.
(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Health. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.
(Added and amended Pub. L. 10283, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404; Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103446, title XII, § 1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 108422, title V, § 503, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109461, title II, § 210(a), Dec. 22, 2006, 120 Stat. 3418.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 3(b) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
Amendments2006—Subsecs. (c), (d). Pub. L. 109461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The Under Secretary for Health shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Health before the completion of the term for which the Under Secretary for Health was appointed, the President shall communicate the reasons for the removal to Congress.” 2004—Subsec. (a)(2). Pub. L. 108422, § 503(1), struck out “shall be a doctor of medicine and” after “The Under Secretary for Health” in introductory provisions. Subsec. (a)(2)(A). Pub. L. 108422, § 503(2), substituted “or in health-care” for “and in health-care”. 1994—Subsec. (a)(1). Pub. L. 103446, § 1201(c)(1)(A), substituted “an Under Secretary” for “a Under Secretary”. Subsec. (d)(2)(F). Pub. L. 103446, § 1201(c)(1)(B), (e)(2), substituted “Chief Medical Director of the Veterans Administration)” for “Under Secretary for Health of the Department)” and “commission” for “Commission”. 1992—Pub. L. 102405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing. 1991—Subsec. (d)(2)(F). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”.
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 102405, title III, § 302(a), Oct. 9, 1992, 106 Stat. 1984, provided that: “The position of Chief Medical Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Health of the Department of Veterans Affairs.” Pub. L. 102405, title III, § 302(e), Oct. 9, 1992, 106 Stat. 1985, provided that: “Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Department of Veterans Affairs— “(1) to the Chief Medical Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Health of the Department of Veterans Affairs; and “(2) to the Chief Benefits Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Benefits of the Department of Veterans Affairs.”
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# 38 U.S.C. § 306 - Under Secretary for Benefits
## Text
(a) There is in the Department an Under Secretary for Benefits, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Benefits shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in—
(1) fiscal management; and
(2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope.
(b) The Under Secretary for Benefits is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration.
(c) (1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.
(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:
(A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration.
(B) Two persons representing veterans served by the Veterans Benefits Administration.
(C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope.
(D) The Deputy Secretary of Veterans Affairs.
(E) The chairman of the Veterans Advisory Committee on Education formed under section 3692 of this title.
(F) One person who has held the position of Under Secretary for Benefits (including service as Chief Benefits Director of the Veterans Administration), if the Secretary determines that it is desirable for such person to be a member of the commission.
(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.
(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.
(Added and amended Pub. L. 10283, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 380, 404; Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103446, title XII, § 1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 109461, title II, § 210(b), Dec. 22, 2006, 120 Stat. 3418.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 3(c) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
Amendments2006—Subsecs. (c), (d). Pub. L. 109461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The Under Secretary for Benefits shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Benefits before the completion of the term for which the Under Secretary for Benefits was appointed, the President shall communicate the reasons for the removal to Congress.” 1994—Subsec. (a). Pub. L. 103446, § 1201(c)(2)(A), substituted “an Under Secretary” for “a Under Secretary”. Subsec. (d)(2)(F). Pub. L. 103446, § 1201(c)(2)(B), (e)(2), substituted “Chief Benefits Director of the Veterans Administration)” for “Under Secretary for Benefits of the Department)” and “commission” for “Commission”. 1992—Pub. L. 102405 substituted “Under Secretary for Benefits” for “Chief Benefits Director” wherever appearing. 1991—Subsec. (d)(2)(F). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”.
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 102405, title III, § 302(b), Oct. 9, 1992, 106 Stat. 1984, provided that: “The position of Chief Benefits Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Benefits of the Department of Veterans Affairs.”
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# 38 U.S.C. § 307 - Under Secretary for Memorial Affairs
## Text
There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 105368, title IV, § 403(a)(3), (c)(1)(A), Nov. 11, 1998, 112 Stat. 3338.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 3(d) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
Amendments1998—Pub. L. 105368, § 403(c)(1)(A), substituted “Under Secretary for Memorial Affairs” for “Director of the National Cemetery System” in section catchline. Pub. L. 105368, § 403(a)(3), in first sentence, substituted “an Under Secretary for Memorial Affairs” for “a Director of the National Cemetery System” and, in second sentence, substituted “The Under Secretary is the head of the National Cemetery Administration” for “The Director is the head of the National Cemetery System”.
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# 38 U.S.C. § 308 - Assistant Secretaries; Deputy Assistant Secretaries
## Text
(a) (1) There shall be in the Department not more than seven Assistant Secretaries.
(2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate.
(3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate:
(A) The Assistant Secretary for Management.
(B) The Assistant Secretary for Human Resources and Administration.
(C) The Assistant Secretary for Public and Intergovernmental Affairs.
(D) The Assistant Secretary for Operations, Security, and Preparedness.
(b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following functions:
(1) Budgetary and financial functions.
(2) Personnel management and labor relations functions.
(3) Planning, studies, and evaluations.
(4) Management, productivity, and logistic support functions.
(5) Information management functions as required by section 3506 of title 44.
(6) Capital facilities and real property program functions.
(7) Equal opportunity functions.
(8) Functions regarding the investigation of complaints of employment discrimination within the Department.
(9) Functions regarding intergovernmental, public, and consumer information and affairs.
(10) Procurement functions.
(11) Operations, preparedness, security, and law enforcement functions.
(12) The functions set forth in section 323(c) of this title.
(c) Whenever the President nominates an individual for appointment as an Assistant Secretary, the President shall include in the communication to the Senate of the nomination a statement of the particular functions of the Department specified in subsection (b), and any other functions of the Department, the individual will exercise upon taking office.
(d) (1) There shall be in the Department such number of Deputy Assistant Secretaries, not exceeding 19, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by the Secretary and shall perform such functions as the Secretary prescribes.
(2) At least two-thirds of the number of positions established and filled under paragraph (1) shall be filled by individuals who have at least five years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment as a Deputy Assistant Secretary. For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position—
(A) of a confidential, policy-determining, policy-making, or policy-advocating character;
(B) in which such individual served as a noncareer appointee in the Senior Executive Service, as such term is defined in section 3132(a)(7) of title 5; or
(C) to which such individual was appointed by the President.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 107287, § 5(a)(c), Nov. 7, 2002, 116 Stat. 2030; Pub. L. 112166, § 2(m), Aug. 10, 2012, 126 Stat. 1287; Pub. L. 11541, title I, § 101(b), June 23, 2017, 131 Stat. 865.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in sections 4(a), (b), (e) and 5 of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
Amendments2017—Subsec. (b)(12). Pub. L. 11541 added par. (12). 2012—Subsec. (a). Pub. L. 112166 designated existing provisions as par. (1), struck out at end of par. (1) “Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.”, and added pars. (2) and (3). 2002—Subsec. (a). Pub. L. 107287, § 5(a), substituted “seven” for “six” in first sentence. Subsec. (b)(11). Pub. L. 107287, § 5(b), added par. (11). Subsec. (d)(1). Pub. L. 107287, § 5(c), substituted “19” for “18”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112166, set out as a note under section 113 of Title 6, Domestic Security.
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# 38 U.S.C. § 309 - Chief Financial Officer
## Text
The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in section 902 of title 31.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 382.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 4(c) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
Statutory Notes and Related Subsidiaries
Matters Relating to the Chief Financial Officer of Department of Veterans AffairsPub. L. 116315, title VII, subtitle B, Jan. 5, 2021, 134 Stat. 5061, as amended by Pub. L. 11883, div. B, title III, § 338, Sept. 26, 2024, 138 Stat. 1542, provided that: “SEC. 7101. DEFINITIONS.“In this subtitle:“(1) Appropriate congressional committees.—The term appropriate congressional committees means the Committees on Veterans Affairs of the Senate and the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives. “(2) Subordinate chief financial officer.—The term subordinate chief financial officer’—“(A) includes—“(i) the chief financial officer of the Veterans Health Administration, the chief financial officer of the Office of Community Care within the Veterans Health Administration, and all chief financial officers of Veterans Integrated Service Networks within the Veterans Health Administration; “(ii) the chief financial officer of the Veterans Benefits Administration and all chief financial officers of organizational subdivisions representing business lines within the Veterans Benefits Administration; “(iii) the chief financial officer of the National Cemetery Administration; and “(iv) the chief financial officer of the Office of Information and Technology; and “(B) does not include the Inspector General. “SEC. 7102. PLANS FOR ADDRESSING MATERIAL WEAKNESSES AND PROVIDING SUFFICIENT AUTHORITY TO CHIEF FINANCIAL OFFICER OF DEPARTMENT OF VETERANS AFFAIRS.“Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], and annually thereafter for each of the three subsequent years, the Secretary of Veterans Affairs, acting through the Chief Financial Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees—“(1) an action plan, including steps, related timelines, costs, progress, status of implementation, and any updates for fully addressing the material weaknesses of the Department discussed in the Managements Discussion and Analysis section of the financial statements of the Department submitted to Congress under section 3515 of title 31, United States Code[,] for the year preceding the year during which the report is submitted; and “(2) a plan outlining the steps the Secretary plans to take to address the recommendations of auditors related to entity-level internal controls and to provide sufficient authority to the Chief Financial Officer of the Department to carry out the requirements of section 902 of title 31, United States Code. “SEC. 7103. CHIEF FINANCIAL OFFICER ATTESTATION.“Concurrent with the submittal to Congress of the Presidents budget request under section 1105 of title 31, United States Code, for each of fiscal years 2026 through 2029, the Chief Financial Officer of the Department of Veterans affairs shall submit to the appropriate congressional committees each of the following:“(1) A certification of the responsibility of the Chief Financial Officer for internal financial controls of the Department. “(2) An attestation that the Chief Financial Officer has collaborated sufficiently with the subordinate chief financial officers of the Department to be confident in the financial projections included [in] the budget request and supporting materials. “SEC. 7104. CHIEF FINANCIAL OFFICER RESPONSIBILITY FOR SUBORDINATE CHIEF FINANCIAL OFFICERS.“(a) In General.—In accordance with the responsibilities of the Chief Financial Officer of the Department of Veterans Affairs for the recruitment, selection, and training of personnel to carry out agency financial management functions pursuant to section 902(a)(5)(C) of title 31, United States Code, the Chief Financial Officer or the designee of the Chief Financial Officer within the Office of Management of the Department shall—“(1) participate in the interview and selection panels of all subordinate chief financial officers; and “(2) give input into the performance plans and performance evaluations of all subordinate chief financial officers. “(b) Termination.—The requirements under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [Jan. 5, 2021].”
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# 38 U.S.C. § 310 - Chief Information Officer
## Text
(a) The Chief Information Officer for the Department is designated pursuant to section 3506(a)(2) of title 44.
(b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under chapter 35 of title 44 and subtitle III of title 40.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 382; amended Pub. L. 104106, div. E, title LVI, § 5604, Feb. 10, 1996, 110 Stat. 700; Pub. L. 10585, div. A, title X, § 1073(h)(3), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 107217, § 3(j)(2), Aug. 21, 2002, 116 Stat. 1300.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 310 was renumbered section 1110 of this title. Provisions similar to those in this section were contained in section 4(d) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
Amendments2002—Subsec. (b). Pub. L. 107217 substituted “subtitle III of title 40” for “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)”. 1997—Subsec. (b). Pub. L. 10585 substituted “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” for “the Information Technology Management Reform Act of 1996”. 1996—Pub. L. 104106 substituted “Chief Information Officer” for “Chief Information Resources Officer” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d), relating to designation, powers, and duties of the Chief Information Resources Officer.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104106, Feb. 10, 1996, 110 Stat. 702.
Creation of Office of Research Reviews Within the Office of Information and Technology of the Department of Veterans AffairsPub. L. 116171, title VII, § 705, Oct. 17, 2020, 134 Stat. 830, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Oct. 17, 2020], the Secretary of Veterans Affairs shall establish within the Office of Information and Technology of the Department of Veterans Affairs an Office of Research Reviews (in this section referred to as the Office). “(b) Elements.—The Office shall do the following:“(1) Perform centralized security reviews and complete security processes for approved research sponsored outside the Department, with a focus on multi-site clinical trials. “(2) Develop and maintain a list of commercially available software preferred for use in sponsored clinical trials of the Department and ensure such list is maintained as part of the official approved software products list of the Department. “(3) Develop benchmarks for appropriate timelines for security reviews conducted by the Office. “(c) Report.—“(1) In general.—Not later than one year after the establishment of the Office, the Office shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report on the activity of the Office. “(2) Elements.—The report required by paragraph (1) shall include, at a minimum, the following:“(A) The number of security reviews completed. “(B) The number of personnel assigned for performing the functions described in subsection (b).”
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chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
section: "311"
citation: "38 U.S.C. § 311"
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---
# 38 U.S.C. § 311 - General Counsel
## Text
There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 383.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 311 was renumbered section 1111 of this title. Provisions similar to those in this section were contained in section 8(a) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
@@ -0,0 +1,123 @@
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# 38 U.S.C. § 312 - Inspector General
## Text
(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.11 See References in Text note below.
(b) (1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.
(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31 an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.
(c) (1) Whenever the Inspector General, in carrying out the duties and responsibilities established under chapter 4 of title 5, issues a work product the Inspector General shall—
(A) submit the work product to—
(i) the Secretary;
(ii) the Committee on Veterans Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate;
(iii) the Committee on Veterans Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives;
(iv) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(v) any Member of Congress upon request; and
(B) the Inspector General shall submit all final work products to—
(i) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(ii) any Member of Congress upon request; and
(C) not later than 3 days after the work product is submitted in final form to the Secretary, post the work product on the Internet website of the Inspector General.
(2) Nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure by any other provision of law.
(d) (1) (A) In addition to the authority otherwise provided by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and in accordance with the requirements of this subsection, the Inspector General, in carrying out the provisions of this section, may require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and this section, which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate district court of the United States.
(B) The Inspector General may not require by subpoena the attendance and testimony under subparagraph (A) of—
(i) any current Federal employee; or
(ii) any witness as part of any criminal proceeding.
(2) The authority to issue a subpoena under paragraph (1) may not be delegated.
(3) (A) The Inspector General shall notify the Attorney General of the intent to issue a subpoena under paragraph (1).
(B) Not later than 10 days after the date on which the Attorney General is notified pursuant to subparagraph (A), the Attorney General may object in writing to the issuance of the subpoena if the subpoena will interfere with an ongoing investigation and, if the Attorney General makes such an objection, the Inspector General may not issue the subpoena.
(C) If the Attorney General does not object in writing to the issuance of the subpoena during the 10-day period described in subparagraph (B), the Inspector General may issue the subpoena.
(4) Before requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the degree practicable—
(A) notify the witness of the intent of the Inspector General to issue the subpoena; and
(B) provide the witness an opportunity to attend and testify voluntarily.
(5) Whenever requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the greatest extent practicable, travel to residence 22 So in original. Probably should be preceded by “the”. of the witness, the principal place of business of the witness, or other similar location that is in proximity to the residence of the witness.
(6) (A) Along with each semiannual report submitted by the Inspector General pursuant to section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App. 5(b)),1 the Inspector General shall include a report on the exercise of the authority provided by paragraph (1).
(B) Each report submitted under subparagraph (A) shall include, for the most recently completed six-month period, the following:
(i) The number of testimonial subpoenas issued and the number of individuals interviewed pursuant to such subpoenas.
(ii) The number of proposed testimonial subpoenas with respect to which the Attorney General objected under paragraph (3)(B).
(iii) A discussion of any challenges or concerns that the Inspector General has encountered exercising the authority provided by paragraph (1).
(iv) Such other matters as the Inspector General considers appropriate.
(7) (A) The authority provided by paragraph (1)(A) shall terminate on September 30, 2026.
(B) The termination of authority by subparagraph (A) shall not affect the enforceability of a subpoena issued under paragraph (1)(A) before the date of such termination.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 383; amended Pub. L. 103446, title XII, § 1201(e)(3), (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 114113, div. J, title II, § 239, Dec. 18, 2015, 129 Stat. 2700; Pub. L. 114223, div. A, title II, § 244, Sept. 29, 2016, 130 Stat. 884; Pub. L. 117136, § 2(a), June 7, 2022, 136 Stat. 1251; Pub. L. 117286, § 4(b)(60), Dec. 27, 2022, 136 Stat. 4350; Pub. L. 11883, div. B, title III, § 332, Sept. 26, 2024, 138 Stat. 1541; Pub. L. 11937, div. G, title IV, § 7401, Nov. 12, 2025, 139 Stat. 654.)
## Notes
Editorial Notes
References in TextThe Inspector General Act of 1978 and that Act, referred to in subsecs. (a) and (d)(1)(A), (6)(A), is Pub. L. 95452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. Section 5(b) of the Act was repealed and restated as section 405(c) of Title 5. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.
Prior ProvisionsPrior section 312 was renumbered section 1112 of this title. Provisions similar to those in this section were contained in section 9(b) of Pub. L. 100527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 10283, § 3(3).
Amendments2025—Subsec. (d)(7)(A). Pub. L. 11937 substituted “September 30, 2026” for “September 30, 2025”. 2024—Subsec. (d)(7)(A). Pub. L. 11883 substituted “September 30, 2025” for “May 31, 2025”. 2022—Subsec. (a). Pub. L. 117286, § 4(b)(60)(A), substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (5 U.S.C. App.).” Subsec. (c)(1). Pub. L. 117286, § 4(b)(60)(B), substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978 (5 U.S.C. App.),”. Subsec. (d). Pub. L. 117136 added subsec. (d). 2016—Subsec. (c)(1). Pub. L. 114223, in introductory provisions, struck out “that makes a recommendation or otherwise suggests corrective action,” after “work product”. 2015—Subsec. (c). Pub. L. 114113 added subsec. (c). 1994—Subsec. (a). Pub. L. 103446, § 1201(e)(3), substituted “(5 U.S.C. App.)” for “(5 U.S.C. App. 3)”. Subsec. (b)(3). Pub. L. 103446, § 1201(g)(1), struck out par. (3) which read as follows: “The Secretary shall provide the number of additional full-time positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991.”
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2025 AmendmentAmendment by Pub. L. 11937 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 11937, set out as a note under section 111A of this title.
Effective Date of 2022 AmendmentPub. L. 117136, § 2(b), June 7, 2022, 136 Stat. 1252, provided that: “(1) In general.—Subsection (d) of section 312 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [June 7, 2022]. “(2) Semiannual report.—Paragraph (6) of subsection (d) of such section, as so added, shall apply beginning on the date that is seven months after the first day of the first fiscal year beginning after the date of the enactment of this Act.”
Department of Veterans Affairs Employee Training Regarding Office of Inspector GeneralPub. L. 118210, title V, § 501, Jan. 2, 2025, 138 Stat. 2797, provided that: “(a) Training.—The Secretary of Veterans Affairs shall require each employee of the Department of Veterans Affairs who begins employment with the Department on or after the date of the enactment of this Act [Jan. 2, 2025] to receive training that the Inspector General of the Department shall develop on the reporting of wrongdoing to, responding to requests from, and the duty of cooperating with the Office of Inspector General of the Department. “(b) Timing of Training.—In carrying out subsection (a), the Secretary shall require each employee of the Department covered under such subsection to undergo the training required by such subsection not later than one year after the date on which the employee begins employment with the Department. “(c) Elements.—Training developed and required under subsection (a) shall include the following:“(1) Definition of the role, responsibilities, and legal authority of the Inspector General of the Department and the duties of employees of the Department for engaging with the Office of Inspector General. “(2) Identification of Federal whistleblower protection rights, including the right to report fraud, waste, abuse, and other wrongdoing to Congress. “(3) Identification of the circumstances and mechanisms for reporting fraud, waste, abuse, and other wrongdoing to the Inspector General, including making confidential complaints to the Inspector General. “(4) Identification of the prohibitions and remedies that help to protect employees of the Department from retaliation when reporting wrongdoing to the Inspector General. “(5) Recognition of opportunities to engage with staff of the Office of Inspector General to improve programs, operations, and services of the Department. “(6) Notification of the authority of the Inspector General to subpoena the attendance and testimony of witnesses, including former employees of the Department, as necessary to carry out the duties of the Office of Inspector General under section 312 of title 38, United States Code. “(d) Design and Update.—The Inspector General of the Department shall design, and update as the Inspector General considers appropriate, the training developed and required by subsection (a). “(e) System.—The Secretary shall provide, via the talent management system of the Department, or successor system, the training developed and required under subsection (a). “(f) Relation to Certain Training.—The Secretary shall ensure that training developed and required under subsection (a) is separate and distinct from training provided under section 733 of title 38, United States Code. “(g) Notice to Employees.—The Secretary shall ensure that the Inspector General is afforded the opportunity, not less frequently than twice each year and more frequently if the Inspector General considers appropriate under extraordinary circumstances, to use the electronic mail system of the Department to notify all authorized users of such system of the following:“(1) The roles and responsibilities of the employees of the Department when engaging with the Office of Inspector General. “(2) The availability of training provided under subsection (a). “(3) How to access training provided under subsection (a). “(4) Information about how to contact the Office of Inspector General, including a link to any website-based reporting form of the Office.”
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# 38 U.S.C. § 312A - Director of Construction and Facilities Management
## Text
(a) In General.— (1) There is in the Department a Director of Construction and Facilities Management, who shall be appointed by the Secretary.
(2) The position of Director of Construction and Facilities Management is a career reserved position, as such term is defined in section 3132(a)(8) of title 5.
(3) The Director shall provide direct support to the Secretary in matters covered by the responsibilities of the Director under subsection (c).
(4) The Director shall report to the Deputy Secretary in the discharge of the responsibilities of the Director under subsection (c).
(b) Qualifications.— Each individual appointed as Director of Construction and Facilities Management shall be an individual who—
(1) holds an undergraduate or masters degree in architectural design or engineering; and
(2) has substantive professional experience in the area of construction project management.
(c) Responsibilities.— (1) The Director of Construction and Facilities Management shall—
(A) be responsible for overseeing and managing the planning, design, construction, and operation of facilities and infrastructure of the Department, including major and minor construction projects; and
(B) perform such other functions as the Secretary shall prescribe.
(2) In carrying out the oversight and management of construction and operation of facilities and infrastructure under this section, the Director shall be responsible for the following:
(A) Development and updating of short-range and long-range strategic capital investment strategies and plans of the Department.
(B) Planning, design, and construction of facilities for the Department, including determining architectural and engineering requirements and ensuring compliance of the Department with applicable laws relating to the construction program of the Department.
(C) Management of the short-term and long-term leasing of real property by the Department.
(D) Repair and maintenance of facilities of the Department, including custodial services, building management and administration, and maintenance of roads, grounds, and infrastructure.
(E) Management of procurement and acquisition processes relating to the construction and operation of facilities of the Department, including the award of contracts related to design, construction, furnishing, and supplies and equipment.
(Added Pub. L. 109461, title VIII, § 811(a), Dec. 22, 2006, 120 Stat. 3446.)
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# 38 U.S.C. § 313 - Availability of appropriations
## Text
(a) Funds appropriated to the Department may remain available until expended.
(b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless—
(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and
(2) the settlement is provided for specifically in an appropriation law.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 383.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 313 was renumbered section 1113 of this title. Provisions similar to those in this section were contained in section 203 of this title prior to repeal by Pub. L. 10283, § 2(a).
Statutory Notes and Related Subsidiaries
Recurring Expenses Transformational FundPub. L. 114113, div. J, title II, § 243, Dec. 18, 2015, 129 Stat. 2701, provided that: “There is hereby established in the Treasury of the United States a fund to be known as the Recurring Expenses Transformational Fund (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated in this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Veterans Affairs by this or any other Act may be transferred (at the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for facilities infrastructure improvements, including nonrecurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems improvements and sustainment, subject to approval by the Office of Management and Budget: Provided further, That prior to obligation of any amounts in the Fund, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make such obligation and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.”
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# 38 U.S.C. § 314 - Central Office
## Text
The Central Office of the Department shall be in the District of Columbia.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 383.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 314 was renumbered section 1114 of this title. Provisions similar to those in this section were contained in section 230(a) of this title prior to repeal by Pub. L. 10283, § 2(a).
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# 38 U.S.C. § 315 - Regional offices
## Text
(a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary.
(b) The Secretary may maintain a regional office in the Republic of the Philippines until September 30, 2026.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 384; amended Pub. L. 102291, § 1(a), May 20, 1992, 106 Stat. 178; Pub. L. 103210, § 2(c), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 103446, title V, § 502, Nov. 2, 1994, 108 Stat. 4663; Pub. L. 106117, title VIII, § 802, Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108183, title II, § 213, Dec. 16, 2003, 117 Stat. 2658; Pub. L. 111117, div. E, title II, § 228, Dec. 16, 2009, 123 Stat. 3307; Pub. L. 111275, title VIII, § 807(a), Oct. 13, 2010, 124 Stat. 2893; Pub. L. 11274, div. H, title II, § 234, Dec. 23, 2011, 125 Stat. 1160; Pub. L. 112191, title II, § 202, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 11359, § 7, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113175, title IV, § 402, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 11458, title IV, § 403, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114228, title IV, § 402, Sept. 29, 2016, 130 Stat. 939; Pub. L. 11562, title IV, § 402, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115251, title I, § 162, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 11661, § 3, Sept. 30, 2019, 133 Stat. 1116; Pub. L. 116159, div. E, title II, § 5203, Oct. 1, 2020, 134 Stat. 750; Pub. L. 117180, div. E, title II, § 202, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 11883, div. B, title III, § 333, Sept. 26, 2024, 138 Stat. 1541; Pub. L. 11937, div. G, title II, § 7204, Nov. 12, 2025, 139 Stat. 650.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 315 was renumbered section 1115 of this title. Provisions similar to those in this section were contained in section 230(a), (b) of this title prior to repeal by Pub. L. 10283, § 2(a).
Amendments2025—Subsec. (b). Pub. L. 11937 substituted “September 30, 2026” for “September 30, 2025”. 2024—Subsec. (b). Pub. L. 11883 substituted “September 30, 2025” for “September 30, 2024”. 2022—Subsec. (b). Pub. L. 117180 substituted “September 30, 2024” for “September 30, 2022”. 2020—Subsec. (b). Pub. L. 116159 substituted “September 30, 2022” for “September 30, 2020”. 2019—Subsec. (b). Pub. L. 11661 substituted “September 30, 2020” for “September 30, 2019”. 2018—Subsec. (b). Pub. L. 115251 substituted “September 30, 2019” for “September 30, 2018”. 2017—Subsec. (b). Pub. L. 11562 substituted “September 30, 2018” for “September 30, 2017”. 2016—Subsec. (b). Pub. L. 114228 substituted “September 30, 2017” for “September 30, 2016”. 2015—Subsec. (b). Pub. L. 11458 substituted “September 30, 2016” for “September 30, 2015”. 2014—Subsec. (b). Pub. L. 113175 substituted “September 30, 2015” for “December 31, 2014”. 2013—Subsec. (b). Pub. L. 11359 substituted “December 31, 2014” for “December 31, 2013”. 2012—Subsec. (b). Pub. L. 112191 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (b). Pub. L. 11274 substituted “December 31, 2012” for “December 31, 2011”. 2010—Subsec. (b). Pub. L. 111275 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (b). Pub. L. 111117 substituted “December 31, 2010” for “December 31, 2009”. 2003—Subsec. (b). Pub. L. 108183 substituted “December 31, 2009” for “December 31, 2003”. 1999—Subsec. (b). Pub. L. 106117 substituted “December 31, 2003” for “December 31, 1999”. 1994—Subsec. (b). Pub. L. 103446 substituted “December 31, 1999” for “December 31, 1994”. 1993—Subsec. (b). Pub. L. 103210 substituted “December 31, 1994” for “March 31, 1994”. 1992—Subsec. (b). Pub. L. 102291 substituted “March 31, 1994” for “September 30, 1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentAmendment by Pub. L. 11937 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 11937, set out as a note under section 111A of this title.
Effective Date of 1992 AmendmentPub. L. 102291, § 1(b), May 20, 1992, 106 Stat. 178, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of September 30, 1991.”
Effect of AmendmentPub. L. 112191, title II, § 202, Oct. 5, 2012, 126 Stat. 1439, provided that this section shall be carried out as amended by section 202 of Pub. L. 112191 notwithstanding the date described in section 151 of Pub. L. 112175 (126 Stat. 1323).
Ratification of Maintenance of Office During Lapsed PeriodPub. L. 102291, § 1(c), May 20, 1992, 106 Stat. 178, provided that: “Any action of the Secretary of Veterans Affairs in maintaining a Department of Veterans Affairs Regional Office in the Republic of the Philippines under section 315(b) of title 38, United States Code, during the period beginning on October 1, 1991, and ending on the date of the enactment of this Act [May 20, 1992] is hereby ratified with respect to that period.”
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# 38 U.S.C. § 316 - Colocation of regional offices and medical centers
## Text
(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department—
(1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or
(2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation.
(b) (1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a).
(2) Such real property shall be used as the site of a facility—
(A) constructed and owned by the lessee of such real property; and
(B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate.
(c) (1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department.
(2) Each agreement for such a lease shall provide—
(A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and
(B) that the ownership of the facility shall vest in the United States at the end of such lease.
(d) (1) The Secretary may sublease any space in such a facility to another party at a rate not less than—
(A) the rental rate paid by the Secretary for such space under subsection (c); plus
(B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabilitation costs) which are attributable to such space.
(2) In any such sublease, the Secretary shall include such terms relating to default and nonperformance as the Secretary considers appropriate to protect the interests of the United States.
(e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c).
(f) (1) Subject to paragraph (3)(A), the Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following:
(A) Identification of the site to be developed.
(B) Minimum office space requirements for regional office activities.
(C) Design criteria of the facility to be constructed.
(D) A plan for meeting the security and parking needs for the facility and its occupants and visitors.
(E) A statement of current and projected rents and other costs for regional office activities.
(F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility.
(G) A plan for securing appropriate licenses, easements, and rights-of-way.
(H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned.
(2) Subject to paragraph (3)(B), the Secretary shall—
(A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and
(B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two additional colocations,
unless the Secretary determines that it is not economically feasible for the Department to undertake them, taking into consideration all of the tangible and intangible benefits associated with such colocations.
(3) The Secretary shall—
(A) at least 10 days before the issuance or other publication of the invitation referred to in paragraph (1), submit a copy of the invitation to the Committees on Veterans Affairs of the Senate and House of Representatives; and
(B) at least 30 days before entering into an agreement under paragraph (2), submit a copy to the Committees on Veterans Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1).
(g) The authority to enter into an agreement under this section shall expire on September 30, 1992.
(Added Pub. L. 10283, § 2(a), Aug. 6, 1991, 105 Stat. 384.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 316 was renumbered section 1116 of this title.
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# 38 U.S.C. § 317 - Center for Minority Veterans
## Text
(a) There is in the Department a Center for Minority Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.
(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with respect to veterans who are minorities:
(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minorities.
(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are minorities are eligible.
(3) Promote the use of benefits authorized by this title by veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with outreach activities carried out under chapter 77 of this title.
(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minorities.
(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minorities and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.
(6) Analyze and evaluate complaints made by or on behalf of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.
(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minorities.
(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are minorities.
(9) Publicize the results of medical research which are of particular significance to veterans who are minorities.
(10) Advise the Secretary and other appropriate officials on the effectiveness of the Departments efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a2) with respect to the inclusion of minorities in clinical research and on particular health conditions affecting the health of members of minority groups which should be studied as part of the Departments medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are minorities.
(11) Provide support and administrative services to the Advisory Committee on Minority Veterans provided for under section 544 of this title.
(12) Perform such other duties consistent with this section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the Presidents budget for each fiscal year—
(1) detailed information on the budget for the Center;
(2) the Secretarys opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and
(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.
(g) In this section—
(1) The term “veterans who are minorities” means veterans who are minority group members.
(2) The term “minority group member” has the meaning given such term in section 544(d) of this title.
(Added Pub. L. 103446, title V, § 509(a), Nov. 2, 1994, 108 Stat. 4665; amended Pub. L. 104275, title V, § 501(a)(c), Oct. 9, 1996, 110 Stat. 3340.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 317, added Pub. L. 102218, § 1(a), Dec. 11, 1991, 105 Stat. 1671; amended Pub. L. 103446, title XII, § 1201(e)(4), Nov. 2, 1994, 108 Stat. 4685, related to Chief Minority Affairs Officer, prior to repeal by Pub. L. 103446, § 509(a).
Amendments1996—Subsec. (b). Pub. L. 104275, § 501(a), inserted “career or” before “noncareer”. Subsec. (d)(10) to (12). Pub. L. 104275, § 501(b), added pars. (10) and (11) and redesignated former par. (10) as (12). Subsec. (g). Pub. L. 104275, § 501(c), added subsec. (g).
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# 38 U.S.C. § 318 - Center for Women Veterans
## Text
(a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years.
(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with respect to veterans who are women:
(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women.
(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible.
(3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under chapter 77 of this title.
(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women.
(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public.
(6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation.
(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women.
(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women.
(9) Publicize the results of medical research which are of particular significance to veterans who are women.
(10) Advise the Secretary and other appropriate officials on the effectiveness of the Departments efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a2) with respect to the inclusion of women in clinical research and on particular health conditions affecting womens health which should be studied as part of the Departments medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are women.
(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title.
(12) Perform such other duties consistent with this section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the Presidents budget for each fiscal year—
(1) detailed information on the budget for the Center;
(2) the Secretarys opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and
(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.
(Added Pub. L. 103446, title V, § 509(a), Nov. 2, 1994, 108 Stat. 4666; amended Pub. L. 104275, title V, § 501(a), (d), Oct. 9, 1996, 110 Stat. 3340, 3341.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 321, 322, and 331 to 335 were renumbered sections 1121, 1122, and 1131 to 1135 of this title, respectively. Prior section 336, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under subchapter IV of chapter 11 of this title, prior to repeal by Pub. L. 92328, title I, § 108(c), title III, § 301(b), June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973. Prior sections 337, 341, and 342 were renumbered sections 1137, 1141, and 1142 of this title, respectively. Prior section 343, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, prescribed conditions under which wartime rates of compensation were payable, prior to repeal by Pub. L. 93295, title II, § 206(b), title IV, § 401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974. Prior sections 351 to 355 were renumbered sections 1151 to 1155 of this title, respectively. Prior section 356, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, provided for a minimum rating for veterans with arrested tuberculosis, prior to repeal by Pub. L. 90493, § 4, Aug. 19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran who on Aug. 19, 1968, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest. Prior sections 357 to 363 were renumbered sections 1157 to 1163 of this title, respectively. Prior sections 401 and 402 were renumbered sections 1301 and 1302 of this title, respectively. Prior section 403, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 9196, § 2, Oct. 27, 1969, 83 Stat. 144, defined Reserve Officer Training Corps annual training duty and authorized travel to and from such duty as active military service for the purposes of chapter 11 of this title and former section 722 of this title, prior to repeal by Pub. L. 97306, title I, § 113(b)(1), (d), Oct. 14, 1982, 96 Stat. 1432, 1433, effective Oct. 1, 1982, with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after Sept. 30, 1982, and Oct. 1, 1983, with respect to deaths and disabilities incurred or aggravated before Oct. 1, 1982. Prior sections 404, 410 to 418, and 421 to 423 were renumbered sections 1304, 1310 to 1318, and 1321 to 1323 of this title, respectively.
Amendments1996—Subsec. (b). Pub. L. 104275, § 501(a), inserted “career or” before “noncareer”. Subsec. (d)(10). Pub. L. 104275, § 501(d), substituted “(42 U.S.C. 289a2) with respect to the inclusion of women in clinical research and on” for “(relating to the inclusion of women and minorities in clinical research) and of”.
Statutory Notes and Related Subsidiaries
Assessment of Use by Women Veterans of Department of Veterans Affairs Health ServicesPub. L. 104262, title III, § 323, Oct. 9, 1996, 110 Stat. 3196, required the Center for Women Veterans of the Department of Veterans Affairs, in consultation with the Advisory Committee on Women Veterans, to assess the use by women veterans of health services through the Department of Veterans Affairs, including counseling for sexual trauma and mental health services, and to submit reports to the Under Secretary for Health of the Department of Veterans Affairs not later than Apr. 1, 1997, and Apr. 1 of each of the two following years, and also required the Secretary of Veterans Affairs to submit reports to Congress, not later than July 1, 1997, and July 1 of each of the two following years.
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# 38 U.S.C. § 319 - Office of Employment Discrimination Complaint Adjudication
## Text
(a) (1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director.
(2) The Director shall be a career appointee in the Senior Executive Service.
(3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office.
(b) (1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner.
(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision.
(c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon.
(d) (1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel.
(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner.
(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.
(Added Pub. L. 105114, title I, § 102(a)(1), Nov. 21, 1997, 111 Stat. 2280.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 105114, title I, § 102(c), Nov. 21, 1997, 111 Stat. 2281, provided that: “Section 319 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997].”
Reports on ImplementationPub. L. 105114, title I, § 102(b), Nov. 21, 1997, 111 Stat. 2281, required the Director of the Office of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs to submit to the Secretary of Veterans Affairs and to Congress reports on the implementation and the operation of the office, with the first report due not later than Apr. 1, 1998, and subsequent reports due not later than Jan. 1, 1999, and Jan. 1, 2000.
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# 38 U.S.C. § 320 - Department of Veterans Affairs-Department of Defense Joint Executive Committee
## Text
(a) Joint Executive Committee.— (1) There is established an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee (hereinafter in this section referred to as the “Committee”).
(2) The Committee is composed of—
(A) the Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate;
(B) the Under Secretary of Defense for Personnel and Readiness and such other officers and employees of the Department of Defense as the Secretary of Defense may designate;
(C) the Assistant Secretary of Labor for Veterans Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and
(D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee.
(3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness.
(b) Administrative Matters.— (1) The Deputy Secretary of Veterans Affairs and the Under Secretary of Defense shall determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee.
(2) The two Departments shall supply appropriate staff and resources to provide administrative support and services. Support for such purposes shall be provided at a level sufficient for the efficient operation of the Committee, including a subordinate Health Executive Committee, a subordinate Benefits Executive Committee, a subordinate Transition Executive Committee, and such other committees or working groups as considered necessary by the Deputy Secretary and Under Secretary.
(c) Recommendations.— (1) The Committee shall recommend to the Secretaries strategic direction for the joint coordination and sharing efforts between and within the two Departments under section 8111 of this title and shall oversee implementation of those efforts.
(2) The Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations as the Committee considers appropriate.
(d) Functions.— In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following:
(1) Review existing policies, procedures, and practices relating to the coordination and sharing of resources between the two Departments.
(2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency and effectiveness of the delivery of benefits and services to veterans, service members, military retirees, and their families through an enhanced Department of Veterans Affairs and Department of Defense partnership, including with respect to job training and post-service placement.
(3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either Department.
(4) Review the plans of both Departments for the acquisition of additional resources, especially new facilities and major equipment and technology, in order to assess the potential effect of such plans on further opportunities for the coordination and sharing of resources.
(5) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments.
(6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee.
(e) Transition Executive Committee.— The Transition Executive Committee described in subsection (b)(2) shall, in addition to such other activities as may assigned 11 So in original. Probably should be preceded by “be”. to the committee under subsection (d)(6)—
(1) review existing policies, procedures, and practices of the Departments (including the military departments) with respect to job training and post-service placement programs; and
(2) identify changes to such policies, procedures, and practices to improve job training, transition from life in the Armed Forces to civilian life, and post-service placement.
(Added Pub. L. 108136, div. A, title V, § 583(a)(1), Nov. 24, 2003, 117 Stat. 1490; amended Pub. L. 11492, div. A, title V, § 561, Nov. 25, 2015, 129 Stat. 828; Pub. L. 11831, div. A, title XVIII, § 1805, Dec. 22, 2023, 137 Stat. 687.)
## Notes
Editorial Notes
Amendments2023—Subsec. (a)(2)(C), (D). Pub. L. 11831, § 1805(1)(A), added subpars. (C) and (D). Subsec. (a)(3). Pub. L. 11831, § 1805(1)(B), added par. (3). Subsec. (b)(2). Pub. L. 11831, § 1805(2), substituted “Transition Executive Committee” for “Job Training and Post-Service Placement Executive Committee”. Subsec. (d)(6). Pub. L. 11831, § 1805(3), added par. (6). Subsec. (e). Pub. L. 11831, § 1805(4)(B), in introductory provisions, substituted “Transition” for “Job Training and Post-Service Placement” and inserted “, in addition to such other activities as may assigned to the committee under subsection (d)(6)” after “shall”. Pub. L. 11831, § 1805(4)(A), substituted “Transition” for “Job Training and Post-Service Placement” in heading. Subsec. (e)(2). Pub. L. 11831, § 1805(4)(C), inserted “, transition from life in the Armed Forces to civilian life,” after “job training”. 2015—Subsec. (b)(2). Pub. L. 11492, § 561(1), inserted “a subordinate Job Training and Post-Service Placement Executive Committee,” before “such other committees”. Subsec. (d)(2). Pub. L. 11492, § 561(3), inserted “, including with respect to job training and post-service placement” before period at end. Subsec. (e). Pub. L. 11492, § 561(2), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 108136, div. A, title V, § 583(d)(2), Nov. 24, 2003, 117 Stat. 1492, provided that: “If this Act is enacted on or after October 1, 2003, the amendments made by this section [enacting this section and amending section 8111 of this title] shall take effect on the date of the enactment of this Act [Nov. 24, 2003].”
Joint Program for Development and Evaluation of Integrated Healing Care Practices for Members of the Armed Forces and VeteransPub. L. 108136, div. A, title VII, § 727, Nov. 24, 2003, 117 Stat. 1537, provided that: “(a) Program.—The Secretary of Defense and the Secretary of Veterans Affairs may conduct a program to develop and evaluate integrated healing care practices for members of the Armed Forces and veterans. Any such program shall be carried out through the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code. “(b) Source of DOD Funds.—Amounts authorized to be appropriated by this Act [see Tables for classification] for the Defense Health Program may be used for the program under subsection (a).”
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# 38 U.S.C. § 321 - Office of Survivors Assistance
## Text
(a) Establishment.— The Secretary shall establish in the Department an Office of Survivors Assistance (in this section referred to as the “Office”) to serve as a resource regarding all benefits and services furnished by the Department—
(1) to survivors and dependents of deceased veterans; and
(2) to survivors and dependents of deceased members of the Armed Forces.
(b) Advisory Duties.— The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legislative issues, and other initiatives affecting the survivors and dependents described in subsection (a).
(c) Guidance From Stakeholders.— In establishing the Office, the Secretary shall seek guidance from interested stakeholders.
(d) Resources.— The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities.
(e) Inclusion of Information on Office in Annual Report on Department Activities.— The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.
(Added Pub. L. 110389, title II, § 222(a), Oct. 10, 2008, 122 Stat. 4156.)
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# 38 U.S.C. § 322 - Office of National Veterans Sports Programs and Special Events
## Text
(a) Establishment.— There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report to an appropriate official of the Veterans Health Administration, as determined by the Secretary, or to the Deputy Secretary or Secretary.
(b) Responsibilities of Director.— Subject to the direction of the Secretary, the Director—
(1) shall establish and carry out qualifying programs and events;
(2) may provide for sponsorship by the Department of qualifying programs and events;
(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events;
(4) shall, to the extent feasible, cooperate with entities with significant experience in managing large-scale adaptive sports programs;
(5) shall seek sponsorships and donations from the private sector to defray costs of carrying out the responsibilities of the Director to the maximum extent feasible; and
(6) may carry out such other responsibilities as the Secretary determines are appropriate.
(c) Qualifying Program or Event.— For purposes of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is approved by the Secretary as being consistent with the goals and missions of the Department.
(d) Monthly Assistance Allowance.— (1) Subject to the availability of appropriations for such purpose, the Secretary may provide a monthly assistance allowance to—
(A) a veteran with a disability invited by the United States Olympic & Paralympic Committee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Olympic & Paralympic Committee or who is residing at a United States Olympic Committee training center; and
(B) a veteran with a VA service-connected disability rated as 30 percent or greater by the Department of Veterans Affairs who is selected by the United States Olympic & Paralympic Committee for the United States Olympic Team for any month in which the veteran is competing in any event sanctioned by the National Governing Bodies of the United States Olympic Sports.
(2) The amount of the monthly assistance payable to a veteran under paragraph (1) shall be equal to the monthly amount of subsistence allowance that would be payable to the veteran under chapter 31 of this title if the veteran were eligible for and entitled to rehabilitation under such chapter.
(3) In providing assistance under this subsection, the Secretary shall give priority to veterans with service-connected disabilities.
(4) There is authorized to be appropriated to carry out this subsection the following:
(A) For each of fiscal years 2010 through 2023, $2,000,000.
(B) For each of fiscal years 2024 through 2027, $2,500,000.
(e) Applicability to Commonwealths and Territories of the United States.— The provisions of this subsection shall apply in the same manner and to the same degree as to the United States Olympic & Paralympic Committee to the Paralympic sport entities the Secretary considers appropriate to represent the interests of each of the following:
(1) American Samoa.
(2) Guam.
(3) Puerto Rico.
(4) The Northern Mariana Islands.
(5) The United States Virgin Islands.
(f) Limitation on Statutory Construction.— Nothing in this section shall be construed as a limitation on disabled sports and special events supported by the Department as of the date of the enactment of this section.
(Added Pub. L. 110389, title VII, § 703(a), Oct. 10, 2008, 122 Stat. 4183; amended Pub. L. 11337, § 2(a), Sept. 30, 2013, 127 Stat. 523; Pub. L. 11359, § 4, Dec. 20, 2013, 127 Stat. 659; Pub. L. 11458, title IV, § 402, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114223, div. A, title II, § 249, Sept. 29, 2016, 130 Stat. 892; Pub. L. 114228, title IV, § 403, Sept. 29, 2016, 130 Stat. 940; Pub. L. 11562, title IV, § 403, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115251, title I, § 163, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116159, div. E, title IV, § 5401, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117180, div. E, title IV, § 401, Sept. 30, 2022, 136 Stat. 2139; Pub. L. 11883, div. B, title III, § 334, Sept. 26, 2024, 138 Stat. 1541.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (f), is the date of enactment of Pub. L. 110389, which was approved Oct. 10, 2008.
Amendments2024—Subsec. (a). Pub. L. 11883, § 334(2), substituted “Veterans Health Administration” for “Veterans Benefits Administration”. Subsec. (d)(1)(A), (B). Pub. L. 11883, § 334(1), substituted “the United States Olympic & Paralympic Committee” for “the United States Olympic Committee” wherever appearing. Subsec. (d)(4). Pub. L. 11883, § 334(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2010 through 2026.” Subsec. (e). Pub. L. 11883, § 334(1), substituted “the United States Olympic & Paralympic Committee” for “the United States Olympic Committee” in introductory provisions. 2022—Subsec. (d)(4). Pub. L. 117180 substituted “2026” for “2022”. 2020—Subsec. (d)(4). Pub. L. 116159 substituted “2022” for “2020”. 2018—Subsec. (d)(4). Pub. L. 115251 substituted “2020” for “2019”. 2017—Subsec. (d)(4). Pub. L. 11562 substituted “2019” for “2017”. 2016—Subsec. (d)(1). Pub. L. 114223 substituted “allowance to—” for “allowance to”, inserted subpar. (A) designation before “a veteran with a disability”, and added subpar. (B). Subsec. (d)(4). Pub. L. 114228 substituted “2017” for “2016”. 2015—Subsec. (d)(4). Pub. L. 11458 substituted “2016” for “2015”. 2013—Subsec. (b)(4). Pub. L. 11359, § 4(b), substituted “cooperate with entities with significant experience in managing large-scale adaptive sports programs;” for “cooperate with the United States Olympic Committee and its partners to promote the participation of disabled veterans and disabled members of the Armed Forces in sporting events sponsored by the United States Olympic Committee and its partners;”. Pub. L. 11337, § 2(a)(2), substituted “United States Olympic Committee” for “United States Paralympics, Inc.,” in two places. Subsec. (d)(1). Pub. L. 11337, § 2(a)(2), substituted “United States Olympic Committee” for “United States Paralympics, Inc.,” wherever appearing. Subsec. (d)(4). Pub. L. 11359, § 4(a), substituted “through 2015.” for “through 2013 and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013.” Pub. L. 11337, § 2(a)(1), inserted “and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013” before period at end. Subsecs. (e), (f). Pub. L. 11359, § 4(c), added subsec. (e) and redesignated former subsec. (e) as (f).
Statutory Notes and Related Subsidiaries
Change of Name References to the United States Olympic Committee deemed to refer to the United States Olympic and Paralympic Committee, see section 220502(c) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.
Effective Date of 2013 AmendmentPub. L. 11337, § 4, Sept. 30, 2013, 127 Stat. 525, provided that: “(a) Effective Date.—This Act [see Short Title of 2013 Amendment note set out under section 101 of this title] shall take effect on October 1, 2013, except that Section [sic] 2(a) [amending this section] shall take effect on September 30, 2013. “(b) Ratification.—If this Act is not enacted on or before September 30, 2013, any actions undertaken by the Department of Veterans Affairs under the authorities extended by this Act during the period beginning on such date and ending on the date of the enactment of this Act [Sept. 30, 2013] shall be deemed ratified.”
Findings and PurposePub. L. 110389, title VII, § 701, Oct. 10, 2008, 122 Stat. 4180, provided that: “(a) Findings.—Congress makes the following findings:“(1) In 1998, Congress enacted the Olympic and Amateur Sports Act Amendments of 1998 (33 [36] U.S.C. 101 note) [see Short Title of 1998 Amendment note set out under section 101 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations], which amended chapter 2205 of title 36, United States Code, and included a statement that the purpose of the Act was to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes. “(2) The United States Olympic Committee [now United States Olympic and Paralympic Committee] manages and administers the Paralympic Program for physically disabled athletes. “(3) The Department of Veterans Affairs provides health care to veterans and administers recreational activities for patients including the Golden Age Games, the National Veterans Wheelchair Games, and the Winter Sports Clinic. “(4) In 2005, the United States Olympic Committee [now United States Olympic and Paralympic Committee] entered into a memorandum of understanding with the Secretary of Veterans Affairs to increase interest in and access to Paralympic sports programs for veterans with physical disabilities by coordinating the activities of the United States Olympic Committee with the Department of Veterans Affairs. “(5) The Paralympic Program has a significant positive effect on the quality of life of disabled veterans and disabled members of the Armed Forces who participate in the program, including helping to improve the mobility, vitality, and physical, psychological, and social well-being of such participants and reducing the incidence of secondary medical conditions in those participants. “(6) Because of Operation Iraqi Freedom and Operation Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially and it is therefore desirable to supplement the rehabilitation and recreation programs of the Department of Veterans Affairs through sports for disabled veterans and members of the Armed Forces. “(b) Purpose.—The purposes of this title [enacting this section, section 521A of this title, and provisions set out as notes under section 521A of this title] are as follows:“(1) To promote the lifelong health of disabled veterans and disabled members of the Armed Forces through regular participation in physical activity and sports. “(2) To enhance the recreation activities provided by the Department of Veterans Affairs by promoting disabled sports from the local level through elite levels and by creating partnerships among organizations specializing in supporting, training, and promoting programs for disabled veterans. “(3) To provide training and support to national and local organizations to provide Paralympic sports training to disabled veterans and disabled members of the Armed Forces in their own communities. “(4) To provide support to the United States Paralympics, Inc., to increase the participation of disabled veterans and disabled members of the Armed Forces in sports.”
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# 38 U.S.C. § 323 - Office of Accountability and Whistleblower Protection
## Text
(a) Establishment.— There is established in the Department an office to be known as the “Office of Accountability and Whistleblower Protection” (in this section referred to as the “Office”).
(b) Head of Office.— (1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to section 308(a) of this title.
(2) The head of the Office shall be known as the “Assistant Secretary for Accountability and Whistleblower Protection”.
(3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office.
(4) Notwithstanding section 308(b) of this title, the Secretary may only assign to the Assistant Secretary responsibilities relating to the functions of the Office set forth in subsection (c).
(c) Functions.— (1) The functions of the Office are as follows:
(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust in the Department.
(B) Issuing reports and providing recommendations related to the duties described in subparagraph (A).
(C) Receiving whistleblower disclosures.
(D) Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant Secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.
(E) Receiving and referring disclosures from the Special Counsel for investigation to the Medical Inspector of the Department, the Inspector General of the Department, or such other person with investigatory authority, as the Assistant Secretary considers appropriate.
(F) Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the Department, the Medical Inspector of the Department, the Special Counsel, and the Comptroller General of the United States, including the imposition of disciplinary actions and other corrective actions contained in such recommendations.
(G) Analyzing data from the Office and the Office of Inspector General telephone hotlines, other whistleblower disclosures, disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the Secretary based on analysis conducted under this subparagraph.
(H) Receiving, reviewing, and investigating allegations of misconduct, retaliation, or poor performance involving—
(i) an individual in a senior executive position (as defined in section 713(d) of this title) in the Department;
(ii) an individual employed in a confidential, policy-making, policy-determining, or policy-advocating position in the Department; or
(iii) a supervisory employee, if the allegation involves retaliation against an employee for making a whistleblower disclosure.
(I) Making such recommendations to the Secretary for disciplinary action as the Assistant Secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph (F) or (H).
(2) In carrying out the functions of the Office, the Assistant Secretary shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures.
(3) In any case in which the Assistant Secretary receives a whistleblower disclosure from an employee of the Department under paragraph (1)(C), the Assistant Secretary may not disclose the identity of the employee without the consent of the employee, except in accordance with the provisions of section 552a of title 5, or as required by any other applicable provision of Federal law.
(d) Staff and Resources.— The Secretary shall ensure that the Assistant Secretary has such staff, resources, and access to information as may be necessary to carry out the functions of the Office.
(e) Relation to Office of General Counsel.— The Office shall not be established as an element of the Office of the General Counsel and the Assistant Secretary may not report to the General Counsel.
(f) Reports.— (1) (A) Not later than June 30 of each calendar year, beginning with June 30, 2017, the Assistant Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report on the activities of the Office during the calendar year in which the report is submitted.
(B) Each report submitted under subparagraph (A) shall include, for the period covered by the report, the following:
(i) A full and substantive analysis of the activities of the Office, including such statistical information as the Assistant Secretary considers appropriate.
(ii) Identification of any issues reported to the Secretary under subsection (c)(1)(G), including such data as the Assistant Secretary considers relevant to such issues and any trends the Assistant Secretary may have identified with respect to such issues.
(iii) Identification of such concerns as the Assistant Secretary may have regarding the size, staffing, and resources of the Office and such recommendations as the Assistant Secretary may have for legislative or administrative action to address such concerns.
(iv) Such recommendations as the Assistant Secretary may have for legislative or administrative action to improve—
(I) the process by which concerns are reported to the Office; and
(II) the protection of whistleblowers within the Department.
(v) Such other matters as the Assistant Secretary considers appropriate regarding the functions of the Office or other matters relating to the Office.
(2) If the Secretary receives a recommendation for disciplinary action under subsection (c)(1)(I) and does not take or initiate the recommended disciplinary action before the date that is 60 days after the date on which the Secretary received the recommendation, the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a detailed justification for not taking or initiating such disciplinary action.
(g) Definitions.— In this section:
(1) The term “supervisory employee” means an employee of the Department who is a supervisor as defined in section 7103(a) of title 5.
(2) The term “whistleblower” means one who makes a whistleblower disclosure.
(3) The term “whistleblower disclosure” means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department which the employee or individual reasonably believes evidences—
(A) a violation of a law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(Added Pub. L. 11541, title I, § 101(a), June 23, 2017, 131 Stat. 863.)
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# 38 U.S.C. § 324 - Cost of War Toxic Exposures Fund
## Text
(a) Establishment.— There is hereby established in the Treasury of the United States an account to be known as the “Cost of War Toxic Exposures Fund” (the “Fund”), to be administered by the Secretary.
(b) Deposits.— There shall be deposited in the Fund such amounts as may be appropriated to the Fund pursuant to subsection (c).
(c) Authorization of Appropriations.— There is authorized to be appropriated to the Fund for fiscal year 2023 and each subsequent fiscal year such sums as are necessary to increase funding, over the fiscal year 2021 level, for investment in—
(1) the delivery of veterans health care associated with exposure to environmental hazards in the active military, naval, air, or space service in programs administered by the Under Secretary for Health;
(2) any expenses incident to the delivery of veterans health care and benefits associated with exposure to environmental hazards in the active military, naval, air, or space service, including administrative expenses, such as information technology and claims processing and appeals, and excluding leases as authorized or approved under section 8104 of this title; and
(3) medical and other research relating to exposure to environmental hazards.
(d) Budget Scorekeeping.— (1) Immediately upon enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, expenses authorized to be appropriated to the Fund in subsection (c) shall be estimated for fiscal year 2023 and each subsequent fiscal year and treated as budget authority that is considered to be direct spending—
(A) in the baseline for purposes of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907);
(B) by the Chairman of the Committee on the Budget of the Senate and the Chair of the Committee on the Budget of the House of Representatives, as appropriate, for purposes of budget enforcement in the Senate and the House of Representatives;
(C) under the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), including in the reports required by section 308(b) of such Act (2 U.S.C. 639); 11 So in original. Probably should be “639(b));”. and
(D) for purposes of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.).
(2) No amount appropriated to the Fund in fiscal year 2023 or any subsequent fiscal year pursuant to this section shall be counted as discretionary budget authority and outlays or as direct spending for any estimate of an appropriation Act under the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) and any other Act.
(3) Notwithstanding the Budget Scorekeeping Guidelines and the accompanying list of programs and accounts set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105217, and for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) and the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), the Fund shall be treated as if it were an account designated as “Appropriated Entitlements and Mandatories for Fiscal Year 1997” in the joint explanatory statement of the committee of conference accompanying Conference Report 105217.
(e) Estimates for Congressional Consideration.— The Secretary shall include in documents submitted to Congress in support of the Presidents budget submitted pursuant to section 1105 of title 31 detailed estimates of the sums described in subsection (c) for the applicable fiscal year.
(f) Procedures for Estimates.— The Secretary may, after consultation with the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, establish policies and procedures for developing the annual detailed estimates required by subsection (e).
(Added Pub. L. 117168, title VIII, § 805(a), Aug. 10, 2022, 136 Stat. 1804.)
## Notes
Editorial Notes
References in TextThe Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (d)(1), is Pub. L. 117168, Aug. 10, 2022, 136 Stat. 1759, also known as the Honoring our PACT Act of 2022. For complete classification of this Act to the Code, see Short Title of 2022 Amendment note set out under section 101 of this title and Tables. The Congressional Budget Act of 1974, referred to in subsec. (d)(1)(C), (3), is titles I through IX of Pub. L. 93344, July 12, 1974, 88 Stat. 298. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (d)(1)(D), is title I of Pub. L. 111139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to chapter 20A (§ 931 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 931 of Title 2 and Tables. The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (d)(2), is Pub. L. 93344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(3), is title II of Pub. L. 99177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.
Statutory Notes and Related Subsidiaries
Authority To Use Appropriations To Enhance Claims Processing Capacity and AutomationPub. L. 117168, title VII, § 701(a), Aug. 10, 2022, 136 Stat. 1794, provided that: “The Secretary of Veterans Affairs may use, from amounts appropriated to the Cost of War Toxic Exposures Fund established by section 324 of title 38, United States Code, as added by section 805 of this Act, such amounts as may be necessary to continue the modernization, development, and expansion of capabilities and capacity of information technology systems and infrastructure of the Veterans Benefits Administration, including for claims automation, to support expected increased claims processing for newly eligible veterans pursuant to this Act [see Short Title of 2022 Amendment note set out under section 101 of this title].”
@@ -0,0 +1,105 @@
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# 38 U.S.C. § 325 - Veterans experience office 11 So in original. Probably should be “Veterans Experience Office”.
## Text
(a) Establishment.— There is established in the Department within the Office of the Secretary an office to be known as the “Veterans Experience Office” (in this section referred to as the “Office”).
(b) Head of Office.— (1) The head of the Office shall be the Chief Veterans Experience Officer.
(2) The Chief Veterans Experience Officer shall—
(A) be appointed by the Secretary from among individuals the Secretary considers qualified to perform the duties of the position;
(B) report directly to the Secretary; and
(C) be responsible for carrying out the functions of the Office set forth under subsection (c).
(c) Function.— The functions of the Office are as follows:
(1) Carrying out the key customer experience initiatives of the Department relating to veterans and other beneficiaries satisfaction with and usage of benefits and services furnished under laws administered by the Secretary for which they are eligible, including setting the strategy, framework, policy, and other guidance for the Department relating to customer experience, including ensuring the activities of the Office and those of other organizations and offices within the Department are coordinated and not duplicative.
(2) Requiring the heads of other organizations and offices within the Department to report regularly on customer experience metrics, action plans, and other customer experience improvement efforts to the Chief Veterans Experience Officer.
(3) Collecting veteran-derived data—
(A) to determine veteran and beneficiary satisfaction with and usage of the benefits and services furnished under laws administered by the Secretary for which they are eligible; and
(B) to be considered during policymaking.
(4) Providing strategic guidance and strategies to Department entities for engaging with veterans and beneficiaries regarding benefits and services furnished under laws administered by the Secretary, including those not using such benefits and services.
(5) Assessing and advising the Secretary on the accuracy and helpfulness of the websites and other customer-facing information of the Department, be it available electronically or in any other format.
(6) Assessing and advising the Secretary on the status and opportunities for improvement of the customer service efforts of the Department.
(d) Reports.— (1) Each year, the Chief Veterans Experience Officer shall submit to the Secretary a summary of the data received by the Chief Veterans Experience Officer under subsection (c)(2).
(2) Each year, not later than 180 days after the date on which the Secretary receives the summary under paragraph (1), the Secretary shall submit to Congress an annual summary and analysis of the matters summarized pursuant to such paragraph.
(3) Each annual summary submitted pursuant to paragraph (2) shall include the following:
(A) Data regarding customer service and experience feedback, disaggregated by benefit or service furnished under laws administered by the Secretary, and relevant demographic data of the veterans and beneficiaries providing the feedback.
(B) Data regarding veteran and beneficiary satisfaction with and usage of benefits or services, disaggregated by benefit or service furnished under laws administered by the Secretary, and relevant demographic data of the veterans and beneficiaries providing the feedback, including—
(i) potential reasons for not using the benefits or services, such as—
(I) eligibility;
(II) lack of knowledge or awareness of existence of benefit or service;
(III) barriers of technology, information, or time; and
(IV) other related reasons; and
(ii) an analysis of how such reasons may be addressed.
(e) Staff and Resources.— (1) The Secretary shall ensure that—
(A) the Office has such staff, resources, and access to customer service and experience information as may be necessary to carry out the functions of the Office; and
(B) any information provided to the Office does not include personally identifiable information of an individual veteran, survivor, dependent, or other beneficiary unless such individual provides appropriate consent to allow such information to be shared with the Office.
(2) Funds available for basic pay and other administrative expenses of other Department organizations and offices may be available to reimburse the Office for all services provided at rates which will recover actual costs for services provided to such organizations if the Secretary determines that contributing to such costs will not undermine the ability of any such organization or office to provide services required by such office.
(3) Nothing in this subsection shall be construed to authorize an increase in the number of full-time employees otherwise authorized for the Department.
(f) Privacy.— Nothing in this section shall be construed to authorize the Chief Veterans Experience Officer to disclose any record in contravention of section 552a of title 5 (commonly referred to as the “Privacy Act of 1974”).
(g) Sunset.— The requirements and authorities of this section shall terminate on September 30, 2028.
(Added Pub. L. 11933, § 2(b)(1), Aug. 14, 2025, 139 Stat. 485.)
## Notes
Statutory Notes and Related Subsidiaries
Short TitleFor short title of section 2 of Pub. L. 11933, which enacted this section, as the “Improving Veterans Experience Act of 2025”, see section 2(a) of Pub. L. 11933, set out as a Short Title of 2025 Amendment note under section 101 of this title.