USC Subchapter I

USC Subchapter I
in effect

38 U.S.C. § 6301 Purpose; definitions

(a) Purpose.—The Congress declares that—(1) the outreach services program authorized by this subchapter is for the purpose of ensuring that all veterans (especially those who have been recently discharged or released from active military, naval, air, or space service, or from a reserve component, and those who are eligible for readjustment or other benefits and services under laws administered by the Department) are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents; and (2) the outreach services program authorized by this subchapter is for the purpose of charging the Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services. (b) Definitions.—For the purposes of this subchapter—(1) the term “outreach” means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and receive assistance in applying for, such benefits; (2) the term “other governmental programs” includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and (3) the term “eligible dependent” means a spouse, surviving spouse, child, or dependent parent of a person who served in the active military, naval, air, or space service.

38 U.S.C. § 6302 Biennial plan

(a) Biennial Plan Required.—The Secretary shall, during the first nine months of every odd-numbered year, prepare a biennial plan for the outreach activities of the Department for the two-fiscal-year period beginning on October 1 of that year. (b) Elements.—Each biennial plan under subsection (a) shall include the following:(1) Plans for efforts to identify eligible veterans and eligible dependents who are not enrolled or registered with the Department for benefits or services under the programs administered by the Secretary. (2) Plans for informing eligible veterans and eligible dependents of modifications of the benefits and services under the programs administered by the Secretary, including eligibility for medical and nursing care and services. (c) Coordination in Development.—In developing the biennial plan under subsection (a), the Secretary shall consult with the following:(1) Directors or other appropriate officials of organizations approved by the Secretary under section 5902 of this title. (2) Directors or other appropriate officials of State and local education and training programs. (3) Representatives of nongovernmental organizations that carry out veterans outreach programs. (4) Representatives of State and local veterans employment organizations. (5) Other individuals and organizations that the Secretary considers appropriate.

38 U.S.C. § 6303 Outreach services

(a) Requirement To Provide Services.—In carrying out the purposes of this subchapter, the Secretary shall provide the outreach services specified in subsections (b) through (d). In areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, such services shall, to the maximum feasible extent, be provided in the principal language of such persons. (b) Individual Notice to New Veterans.—The Secretary shall by letter advise each veteran at the time of the veteran’s discharge or release from active military, naval, air, or space service (or as soon as possible after such discharge or release) of all benefits and services under laws administered by the Department for which the veteran may be eligible. In carrying out this subsection, the Secretary shall ensure, through the use of veteran-student services under section 3485 of this title, that contact, in person or by telephone, is made with those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release. (c) Distribution of Information.—(1) The Secretary—(A) shall distribute full information to eligible veterans and eligible dependents regarding all benefits and services to which they may be entitled under laws administered by the Secretary; and (B) may, to the extent feasible, distribute information on other governmental programs (including manpower and training programs) which the Secretary determines would be beneficial to veterans. (2) Whenever a veteran or dependent first applies for any benefit under laws administered by the Secretary (including a request for burial or related benefits or an application for life insurance proceeds), the Secretary shall provide to the veteran or dependent information concerning benefits and health care services under programs administered by the Secretary. Such information shall be provided not later than three months after the date of such application. (d) Provision of Aid and Assistance.—The Secretary shall provide, to the maximum extent possible, aid and assistance (including personal interviews) to members of the Armed Forces, veterans, and eligible dependents with respect to subsections (b) and (c) and in the preparation and presentation of claims under laws administered by the Department. (e) Assignment of Employees.—In carrying out this section, the Secretary shall assign such employees as the Secretary considers appropriate to conduct outreach programs and provide outreach services for homeless veterans. Such outreach services may include site visits through which homeless veterans can be identified and provided assistance in obtaining benefits and services that may be available to them.

38 U.S.C. § 6304 Veterans assistance offices

(a) In General.—The Secretary shall establish and maintain veterans assistance offices at such places throughout the United States and its territories and possessions, and in the Commonwealth of Puerto Rico, as the Secretary determines to be necessary to carry out the purposes of this subchapter. The Secretary may maintain such offices on such military installations located elsewhere as the Secretary, after consultation with the Secretary of Defense and taking into account recommendations, if any, of the Secretary of Labor, determines to be necessary to carry out such purposes. (b) Location of Offices.—In establishing and maintaining such offices, the Secretary shall give due regard to—(1) the geographical distribution of veterans recently discharged or released from active military, naval, air, or space service; (2) the special needs of educationally disadvantaged veterans (including their need for accessibility of outreach services); and (3) the necessity of providing appropriate outreach services in less populated areas.

38 U.S.C. § 6305 Outstationing of counseling and outreach personnel

The Secretary may station employees of the Department at locations other than Department offices, including educational institutions, to provide— (1) counseling and other assistance regarding benefits under this title to veterans and other persons eligible for benefits under this title; and (2) outreach services under this subchapter.

38 U.S.C. § 6306 Use of other agencies

(a) In carrying out this subchapter, the Secretary shall arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an eligible veteran or eligible dependent with an appropriate job or job training opportunity, including, where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Department. (b) In carrying out this subchapter, the Secretary shall, in consultation with the Secretary of Labor, actively seek to promote the development and establishment of employment opportunities, training opportunities, and other opportunities for veterans, with particular emphasis on the needs of veterans with service-connected disabilities and other eligible veterans, taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title. (c) In carrying out this subchapter, the Secretary shall cooperate with and use the services of any Federal department or agency or any State or local governmental agency or recognized national or other organization. (d) In carrying out this subchapter, the Secretary shall, where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization. (e) In carrying out this subchapter, the Secretary may furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services. (f) In carrying out this subchapter, the Secretary shall conduct and provide for studies, in consultation with appropriate Federal departments and agencies, to determine the most effective program design to carry out the purposes of this subchapter.

38 U.S.C. § 6307 Grants to States and Indian Tribes to improve outreach to veterans

(a) Purpose.—It is the purpose of this section to provide for assistance by the Secretary to States and Indian Tribes to carry out programs that improve covered outreach and assistance to veterans and the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans and veterans-related benefits and programs (including veterans programs of a State or Indian Tribe) for which they may be eligible and facilitate opportunities for such individuals to receive competent, qualified services in the preparation, presentation and prosecution of veterans benefits claims. (b) Authority.—The Secretary may award grants to States and Indian Tribes—(1) to carry out, coordinate, improve, or otherwise enhance—(A) covered outreach activities; or (B) activities to assist in the development and submittal of claims for veterans and veterans-related benefits; or (2) to increase the number of county or Tribal veterans service officers serving in the State by hiring new, additional such officers. (c) Application.—(1) To be eligible for a grant under this section, a State or Indian Tribe shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. (2) Each application submitted under paragraph (1) shall include the following:(A) A detailed plan for the use of the grant. (B) A description of the programs through which the State or Indian Tribe will meet the outcome measures developed by the Secretary under subsection (j). (C) A description of how the State or Indian Tribe will distribute grant amounts equitably among counties or Tribal lands with varying levels of urbanization. (D) A plan for how the grant will be used to meet the unique needs of American Indian veterans, Alaska Native veterans, or Native Hawaiian veterans, elderly veterans, and veterans from other underserved communities. (d) Distribution.—The Secretary shall seek to ensure that grants awarded under this section are equitably distributed among States and Indian Tribes with varying levels of urbanization. (e) Set-aside.—Of the amounts authorized to be appropriated or otherwise made available for grants under this section for any fiscal year, the Secretary shall ensure that not less than five percent is used to make grants to Indian Tribes. (f) Priority.—The Secretary shall prioritize awarding grants under this section that will serve the following areas:(1) Areas with a critical shortage of county or Tribal veterans service officers. (2) Areas with high rates of—(A) suicide among veterans; or (B) referrals to the Veterans Crisis Line. (g) Use of County or Tribal Veterans Service Officers.—A State or Indian Tribe that receives a grant under this section to carry out an activity described in subsection (b)(1) shall carry out the activity through—(1) a county or Tribal veterans service officer of the State; or (2) if the State or Indian Tribe does not have a county or Tribal veterans service officer, or if the county or Tribal veterans service officers of the State or Indian Tribe cover only a portion of that State or Indian Tribe, an appropriate entity of a State, local, or Tribal government, as determined by the Secretary. (h) Required Activities.—Any grant awarded under this section shall be used—(1) to expand existing programs, activities, and services; (2) to hire new, additional county or Tribal veterans service officers; or (3) for travel and transportation to facilitate carrying out paragraph (1) or (2). (i) Authorized Activities.—A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and Tribal government employees who provide (or when trained will provide) covered outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary. (j) Outcome Measures.—(1) The Secretary shall develop and provide to each State or Indian Tribe that receives a grant under this section written guidance on the following:(A) Outcome measures. (B) Policies of the Department. (2) In developing outcome measures under paragraph (1), the Secretary shall consider the following goals:(A) Increasing the use of veterans and veterans-related benefits, particularly among vulnerable populations. (B) Increasing the number of county and Tribal veterans service officers recognized by the Secretary for the representation of veterans under chapter 59 of this title. (k) Tracking Requirements.—(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans and veterans-related benefits among the population served by the grant, including the average period of time between the date on which a veteran applies for such a benefit and the date on which the veteran receives the benefit, disaggregated by type of benefit. (2) Not less frequently than annually during the life of the grant program established under this section, the Secretary shall submit to Congress a report on—(A) the information tracked under paragraph (1); (B) how the grants awarded under this section serve the unique needs of American Indian veterans, Alaska Native veterans, or Native Hawaiian veterans, elderly veterans, and veterans from other underserved communities; and (C) other information provided by States and Indian Tribes pursuant to the grant reporting requirements. (l) Performance Review.—The Secretary shall—(1) review the performance of each State or Indian Tribe that receives a grant under this section; and (2) make information regarding such performance publicly available. (m) Remediation Plan.—(1) In the case of a State or Indian Tribe that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (j), the Secretary shall require the State or Indian Tribe to submit a remediation plan under which the State shall describe how and when it plans to meet such outcome measures. (2) The Secretary may not award a subsequent grant under this section to a State or Indian Tribe described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State or Indian Tribe. (n) Definitions.—In this section:(1) The term “county or Tribal veterans service officer” includes a local equivalent veterans service officer. (2) The term “covered outreach” means outreach with respect to—(A) benefits administered by the Under Secretary for Benefits; or (B) similar benefits administered by a State or Indian Tribe. (3) The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. (5) The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F(h) of this title.

38 U.S.C. § 6308 Outreach for eligible dependents

(a) Needs of Dependents.—In carrying out this subchapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed. (b) Information as to Availability of Outreach Services for Dependents.—The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this subchapter is made known through a variety of means, including the Internet, announcements in veterans publications, and announcements to the media.

38 U.S.C. § 6309 Biennial report to Congress

(a) Report Required.—The Secretary shall, not later than December 1 of every even-numbered year (beginning in 2008), submit to Congress a report on the outreach activities carried out by the Department. (b) Content.—Each report under this section shall include the following:(1) A description of the implementation during the preceding fiscal year of the current biennial plan under section 6302 of this title. (2) Recommendations for the improvement or more effective administration of the outreach activities of the Department.

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