USC Chapter 3

USC Chapter 3
in effect

38 U.S.C. § 301 Department

(a) The Department of Veterans Affairs is an executive department of the United States. (b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans. (c) The Department is composed of the following:(1) The Office of the Secretary. (2) The Veterans Health Administration. (3) The Veterans Benefits Administration. (4) The National Cemetery Administration. (5) The Board of Veterans’ Appeals. (6) The Veterans’ Canteen Service. (7) The Board of Contract Appeals. (8) Such other offices and agencies as are established or designated by law or by the President or the Secretary. (9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).

38 U.S.C. § 302 Seal

(a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal. (b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof.

38 U.S.C. § 303 Secretary of Veterans Affairs

There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department.

38 U.S.C. § 304 Deputy Secretary of Veterans Affairs

There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary.

38 U.S.C. § 305 Under Secretary for Health

(a)(1) There is in the Department an Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate. (2) The Under Secretary for Health shall be appointed without regard to political affiliation or activity and solely—(A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, or in health-care fiscal management; and (B) on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope. (b) The Under Secretary for Health is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration. (c)(1) Whenever a vacancy in the position of Under Secretary for Health occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:(A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration. (B) Two persons representing veterans served by the Veterans Health Administration. (C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope. (D) The Deputy Secretary of Veterans Affairs. (E) The Chairman of the Special Medical Advisory Group established under section 7312 of this title. (F) One person who has held the position of Under Secretary for Health (including service as Chief Medical Director of the Veterans’ Administration), if the Secretary determines that it is desirable for such person to be a member of the commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Health. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

38 U.S.C. § 306 Under Secretary for Benefits

(a) There is in the Department an Under Secretary for Benefits, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Benefits shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in—(1) fiscal management; and (2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope. (b) The Under Secretary for Benefits is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration. (c)(1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:(A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration. (B) Two persons representing veterans served by the Veterans Benefits Administration. (C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope. (D) The Deputy Secretary of Veterans Affairs. (E) The chairman of the Veterans’ Advisory Committee on Education formed under section 3692 of this title. (F) One person who has held the position of Under Secretary for Benefits (including service as Chief Benefits Director of the Veterans’ Administration), if the Secretary determines that it is desirable for such person to be a member of the commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

38 U.S.C. § 307 Under Secretary for Memorial Affairs

There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary.

38 U.S.C. § 308 Assistant Secretaries; Deputy Assistant Secretaries

(a)(1) There shall be in the Department not more than seven Assistant Secretaries. (2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate. (3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate:(A) The Assistant Secretary for Management. (B) The Assistant Secretary for Human Resources and Administration. (C) The Assistant Secretary for Public and Intergovernmental Affairs. (D) The Assistant Secretary for Operations, Security, and Preparedness. (b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following functions:(1) Budgetary and financial functions. (2) Personnel management and labor relations functions. (3) Planning, studies, and evaluations. (4) Management, productivity, and logistic support functions. (5) Information management functions as required by section 3506 of title 44. (6) Capital facilities and real property program functions. (7) Equal opportunity functions. (8) Functions regarding the investigation of complaints of employment discrimination within the Department. (9) Functions regarding intergovernmental, public, and consumer information and affairs. (10) Procurement functions. (11) Operations, preparedness, security, and law enforcement functions. (12) The functions set forth in section 323(c) of this title. (c) Whenever the President nominates an individual for appointment as an Assistant Secretary, the President shall include in the communication to the Senate of the nomination a statement of the particular functions of the Department specified in subsection (b), and any other functions of the Department, the individual will exercise upon taking office. (d)(1) There shall be in the Department such number of Deputy Assistant Secretaries, not exceeding 19, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by the Secretary and shall perform such functions as the Secretary prescribes. (2) At least two-thirds of the number of positions established and filled under paragraph (1) shall be filled by individuals who have at least five years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment as a Deputy Assistant Secretary. For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position—(A) of a confidential, policy-determining, policy-making, or policy-advocating character; (B) in which such individual served as a noncareer appointee in the Senior Executive Service, as such term is defined in section 3132(a)(7) of title 5; or (C) to which such individual was appointed by the President.

38 U.S.C. § 309 Chief Financial Officer

The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in section 902 of title 31.

38 U.S.C. § 310 Chief Information Officer

(a) The Chief Information Officer for the Department is designated pursuant to section 3506(a)(2) of title 44. (b) The Chief Information Officer performs the duties provided for chief information officers of executive agencies under chapter 35 of title 44 and subtitle III of title 40.

38 U.S.C. § 311 General Counsel

There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department.

38 U.S.C. § 312 Inspector General

(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.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.

38 U.S.C. § 312A Director of Construction and Facilities Management

(a) In General.—(1) There is in the Department a Director of Construction and Facilities Management, who shall be appointed by the Secretary. (2) The position of Director of Construction and Facilities Management is a career reserved position, as such term is defined in section 3132(a)(8) of title 5. (3) The Director shall provide direct support to the Secretary in matters covered by the responsibilities of the Director under subsection (c). (4) The Director shall report to the Deputy Secretary in the discharge of the responsibilities of the Director under subsection (c). (b) Qualifications.—Each individual appointed as Director of Construction and Facilities Management shall be an individual who—(1) holds an undergraduate or master’s degree in architectural design or engineering; and (2) has substantive professional experience in the area of construction project management. (c) Responsibilities.—(1) The Director of Construction and Facilities Management shall—(A) be responsible for overseeing and managing the planning, design, construction, and operation of facilities and infrastructure of the Department, including major and minor construction projects; and (B) perform such other functions as the Secretary shall prescribe. (2) In carrying out the oversight and management of construction and operation of facilities and infrastructure under this section, the Director shall be responsible for the following:(A) Development and updating of short-range and long-range strategic capital investment strategies and plans of the Department. (B) Planning, design, and construction of facilities for the Department, including determining architectural and engineering requirements and ensuring compliance of the Department with applicable laws relating to the construction program of the Department. (C) Management of the short-term and long-term leasing of real property by the Department. (D) Repair and maintenance of facilities of the Department, including custodial services, building management and administration, and maintenance of roads, grounds, and infrastructure. (E) Management of procurement and acquisition processes relating to the construction and operation of facilities of the Department, including the award of contracts related to design, construction, furnishing, and supplies and equipment.

38 U.S.C. § 313 Availability of appropriations

(a) Funds appropriated to the Department may remain available until expended. (b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless—(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and (2) the settlement is provided for specifically in an appropriation law.

38 U.S.C. § 314 Central Office

The Central Office of the Department shall be in the District of Columbia.

38 U.S.C. § 315 Regional offices

(a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary. (b) The Secretary may maintain a regional office in the Republic of the Philippines until September 30, 2026.

38 U.S.C. § 316 Colocation of regional offices and medical centers

(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department—(1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or (2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation. (b)(1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a). (2) Such real property shall be used as the site of a facility—(A) constructed and owned by the lessee of such real property; and (B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate. (c)(1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department. (2) Each agreement for such a lease shall provide—(A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and (B) that the ownership of the facility shall vest in the United States at the end of such lease. (d)(1) The Secretary may sublease any space in such a facility to another party at a rate not less than—(A) the rental rate paid by the Secretary for such space under subsection (c); plus (B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabilitation costs) which are attributable to such space. (2) In any such sublease, the Secretary shall include such terms relating to default and nonperformance as the Secretary considers appropriate to protect the interests of the United States. (e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c). (f)(1) Subject to paragraph (3)(A), the Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following:(A) Identification of the site to be developed. (B) Minimum office space requirements for regional office activities. (C) Design criteria of the facility to be constructed. (D) A plan for meeting the security and parking needs for the facility and its occupants and visitors. (E) A statement of current and projected rents and other costs for regional office activities. (F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility. (G) A plan for securing appropriate licenses, easements, and rights-of-way. (H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned. (2) Subject to paragraph (3)(B), the Secretary shall—(A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and (B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two additional colocations, unless the Secretary determines that it is not economically feasible for the Department to undertake them, taking into consideration all of the tangible and intangible benefits associated with such colocations. (3) The Secretary shall—(A) at least 10 days before the issuance or other publication of the invitation referred to in paragraph (1), submit a copy of the invitation to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and (B) at least 30 days before entering into an agreement under paragraph (2), submit a copy to the Committees on Veterans’ Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1). (g) The authority to enter into an agreement under this section shall expire on September 30, 1992.

38 U.S.C. § 317 Center for Minority Veterans

(a) There is in the Department a Center for Minority Veterans. There is at the head of the Center a Director. (b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years. (c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center. (d) The Director shall perform the following functions with respect to veterans who are minorities:(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minorities. (2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are minorities are eligible. (3) Promote the use of benefits authorized by this title by veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with outreach activities carried out under chapter 77 of this title. (4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minorities. (5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are minorities and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. (6) Analyze and evaluate complaints made by or on behalf of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation. (7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minorities. (8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are minorities. (9) Publicize the results of medical research which are of particular significance to veterans who are minorities. (10) Advise the Secretary and other appropriate officials on the effectiveness of the Department’s efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a–2) with respect to the inclusion of minorities in clinical research and on particular health conditions affecting the health of members of minority groups which should be studied as part of the Department’s medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are minorities. (11) Provide support and administrative services to the Advisory Committee on Minority Veterans provided for under section 544 of this title. (12) Perform such other duties consistent with this section as the Secretary shall prescribe. (e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner. (f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President’s budget for each fiscal year—(1) detailed information on the budget for the Center; (2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and (3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year. (g) In this section—(1) The term “veterans who are minorities” means veterans who are minority group members. (2) The term “minority group member” has the meaning given such term in section 544(d) of this title.

38 U.S.C. § 318 Center for Women Veterans

(a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director. (b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years. (c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center. (d) The Director shall perform the following functions with respect to veterans who are women:(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women. (2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible. (3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under chapter 77 of this title. (4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women. (5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. (6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation. (7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women. (8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women. (9) Publicize the results of medical research which are of particular significance to veterans who are women. (10) Advise the Secretary and other appropriate officials on the effectiveness of the Department’s efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on particular health conditions affecting women’s health which should be studied as part of the Department’s medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are women. (11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title. (12) Perform such other duties consistent with this section as the Secretary shall prescribe. (e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner. (f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President’s budget for each fiscal year—(1) detailed information on the budget for the Center; (2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and (3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.

38 U.S.C. § 319 Office of Employment Discrimination Complaint Adjudication

(a)(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director. (2) The Director shall be a career appointee in the Senior Executive Service. (3) The Director reports directly to the Secretary or the Deputy Secretary concerning matters within the responsibility of the Office. (b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner. (2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision. (c) Whenever the Director has reason to believe that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon. (d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel. (2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner. (3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.

38 U.S.C. § 320 Department of Veterans Affairs-Department of Defense Joint Executive Committee

(a) Joint Executive Committee.—(1) There is established an interagency committee to be known as the Department of Veterans Affairs-Department of Defense Joint Executive Committee (hereinafter in this section referred to as the “Committee”). (2) The Committee is composed of—(A) the Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate; (B) the Under Secretary of Defense for Personnel and Readiness and such other officers and employees of the Department of Defense as the Secretary of Defense may designate; (C) the Assistant Secretary of Labor for Veterans’ Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and (D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee. (3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness. (b) Administrative Matters.—(1) The Deputy Secretary of Veterans Affairs and the Under Secretary of Defense shall determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee. (2) The two Departments shall supply appropriate staff and resources to provide administrative support and services. Support for such purposes shall be provided at a level sufficient for the efficient operation of the Committee, including a subordinate Health Executive Committee, a subordinate Benefits Executive Committee, a subordinate Transition Executive Committee, and such other committees or working groups as considered necessary by the Deputy Secretary and Under Secretary. (c) Recommendations.—(1) The Committee shall recommend to the Secretaries strategic direction for the joint coordination and sharing efforts between and within the two Departments under section 8111 of this title and shall oversee implementation of those efforts. (2) The Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations as the Committee considers appropriate. (d) Functions.—In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following:(1) Review existing policies, procedures, and practices relating to the coordination and sharing of resources between the two Departments. (2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency and effectiveness of the delivery of benefits and services to veterans, service members, military retirees, and their families through an enhanced Department of Veterans Affairs and Department of Defense partnership, including with respect to job training and post-service placement. (3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either Department. (4) Review the plans of both Departments for the acquisition of additional resources, especially new facilities and major equipment and technology, in order to assess the potential effect of such plans on further opportunities for the coordination and sharing of resources. (5) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments. (6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee. (e) Transition Executive Committee.—The Transition Executive Committee described in subsection (b)(2) shall, in addition to such other activities as may assigned 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.

38 U.S.C. § 321 Office of Survivors Assistance

(a) Establishment.—The Secretary shall establish in the Department an Office of Survivors Assistance (in this section referred to as the “Office”) to serve as a resource regarding all benefits and services furnished by the Department—(1) to survivors and dependents of deceased veterans; and (2) to survivors and dependents of deceased members of the Armed Forces. (b) Advisory Duties.—The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legislative issues, and other initiatives affecting the survivors and dependents described in subsection (a). (c) Guidance From Stakeholders.—In establishing the Office, the Secretary shall seek guidance from interested stakeholders. (d) Resources.—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities. (e) Inclusion of Information on Office in Annual Report on Department Activities.—The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.

38 U.S.C. § 322 Office of National Veterans Sports Programs and Special Events

(a) Establishment.—There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report to an appropriate official of the Veterans 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.

38 U.S.C. § 323 Office of Accountability and Whistleblower Protection

(a) Establishment.—There is established in the Department an office to be known as the “Office of Accountability and Whistleblower Protection” (in this section referred to as the “Office”). (b) Head of Office.—(1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to section 308(a) of this title. (2) The head of the Office shall be known as the “Assistant Secretary for Accountability and Whistleblower Protection”. (3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office. (4) Notwithstanding section 308(b) of this title, the Secretary may only assign to the Assistant Secretary responsibilities relating to the functions of the Office set forth in subsection (c). (c) Functions.—(1) The functions of the Office are as follows:(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust in the Department. (B) Issuing reports and providing recommendations related to the duties described in subparagraph (A). (C) Receiving whistleblower disclosures. (D) Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant Secretary has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety. (E) Receiving and referring disclosures from the Special Counsel for investigation to the Medical Inspector of the Department, the Inspector General of the Department, or such other person with investigatory authority, as the Assistant Secretary considers appropriate. (F) Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the Department, the Medical Inspector of the Department, the Special Counsel, and the Comptroller General of the United States, including the imposition of disciplinary actions and other corrective actions contained in such recommendations. (G) Analyzing data from the Office and the Office of Inspector General telephone hotlines, other whistleblower disclosures, disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the Secretary based on analysis conducted under this subparagraph. (H) Receiving, reviewing, and investigating allegations of misconduct, retaliation, or poor performance involving—(i) an individual in a senior executive position (as defined in section 713(d) of this title) in the Department; (ii) an individual employed in a confidential, policy-making, policy-determining, or policy-advocating position in the Department; or (iii) a supervisory employee, if the allegation involves retaliation against an employee for making a whistleblower disclosure. (I) Making such recommendations to the Secretary for disciplinary action as the Assistant Secretary considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph (F) or (H). (2) In carrying out the functions of the Office, the Assistant Secretary shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures. (3) In any case in which the Assistant Secretary receives a whistleblower disclosure from an employee of the Department under paragraph (1)(C), the Assistant Secretary may not disclose the identity of the employee without the consent of the employee, except in accordance with the provisions of section 552a of title 5, or as required by any other applicable provision of Federal law. (d) Staff and Resources.—The Secretary shall ensure that the Assistant Secretary has such staff, resources, and access to information as may be necessary to carry out the functions of the Office. (e) Relation to Office of General Counsel.—The Office shall not be established as an element of the Office of the General Counsel and the Assistant Secretary may not report to the General Counsel. (f) Reports.—(1)(A) Not later than June 30 of each calendar year, beginning with June 30, 2017, the Assistant Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities of the Office during the calendar year in which the report is submitted. (B) Each report submitted under subparagraph (A) shall include, for the period covered by the report, the following:(i) A full and substantive analysis of the activities of the Office, including such statistical information as the Assistant Secretary considers appropriate. (ii) Identification of any issues reported to the Secretary under subsection (c)(1)(G), including such data as the Assistant Secretary considers relevant to such issues and any trends the Assistant Secretary may have identified with respect to such issues. (iii) Identification of such concerns as the Assistant Secretary may have regarding the size, staffing, and resources of the Office and such recommendations as the Assistant Secretary may have for legislative or administrative action to address such concerns. (iv) Such recommendations as the Assistant Secretary may have for legislative or administrative action to improve—(I) the process by which concerns are reported to the Office; and (II) the protection of whistleblowers within the Department. (v) Such other matters as the Assistant Secretary considers appropriate regarding the functions of the Office or other matters relating to the Office. (2) If the Secretary receives a recommendation for disciplinary action under subsection (c)(1)(I) and does not take or initiate the recommended disciplinary action before the date that is 60 days after the date on which the Secretary received the recommendation, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a detailed justification for not taking or initiating such disciplinary action. (g) Definitions.—In this section:(1) The term “supervisory employee” means an employee of the Department who is a supervisor as defined in section 7103(a) of title 5. (2) The term “whistleblower” means one who makes a whistleblower disclosure. (3) The term “whistleblower disclosure” means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department which the employee or individual reasonably believes evidences—(A) a violation of a law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

38 U.S.C. § 324 Cost of War Toxic Exposures Fund

(a) Establishment.—There is hereby established in the Treasury of the United States an account to be known as the “Cost of War Toxic Exposures Fund” (the “Fund”), to be administered by the Secretary. (b) Deposits.—There shall be deposited in the Fund such amounts as may be appropriated to the Fund pursuant to subsection (c). (c) Authorization of Appropriations.—There is authorized to be appropriated to the Fund for fiscal year 2023 and each subsequent fiscal year such sums as are necessary to increase funding, over the fiscal year 2021 level, for investment in—(1) the delivery of veterans’ health care associated with exposure to environmental hazards in the active military, naval, air, or space service in programs administered by the Under Secretary for Health; (2) any expenses incident to the delivery of veterans’ health care and benefits associated with exposure to environmental hazards in the active military, naval, air, or space service, including administrative expenses, such as information technology and claims processing and appeals, and excluding leases as authorized or approved under section 8104 of this title; and (3) medical and other research relating to exposure to environmental hazards. (d) Budget Scorekeeping.—(1) Immediately upon enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, expenses authorized to be appropriated to the Fund in subsection (c) shall be estimated for fiscal year 2023 and each subsequent fiscal year and treated as budget authority that is considered to be direct spending—(A) in the baseline for purposes of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907); (B) by the Chairman of the Committee on the Budget of the Senate and the Chair of the Committee on the Budget of the House of Representatives, as appropriate, for purposes of budget enforcement in the Senate and the House of Representatives; (C) under the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), including in the reports required by section 308(b) of such Act (2 U.S.C. 639); 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 105–217, and for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) and the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), the Fund shall be treated as if it were an account designated as “Appropriated Entitlements and Mandatories for Fiscal Year 1997” in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217. (e) Estimates for Congressional Consideration.—The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31 detailed estimates of the sums described in subsection (c) for the applicable fiscal year. (f) Procedures for Estimates.—The Secretary may, after consultation with the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, establish policies and procedures for developing the annual detailed estimates required by subsection (e).

38 U.S.C. § 325 Veterans experience office 11 So in original. Probably should be “Veterans Experience Office”.

(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.

Starting a business? Corpus forms LLCs in all 50 states and DC.