US (United States) Code. Title 38. Part I. Chapter 3: Department of Veterans Affairs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

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-CITE-

38 USC CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-MISC1-

Sec.

301. Department.

302. Seal.

303. Secretary of Veterans Affairs.

304. Deputy Secretary of Veterans Affairs.

305. Under Secretary for Health.

306. Under Secretary for Benefits.

307. Under Secretary for Memorial Affairs.

308. Assistant Secretaries; Deputy Assistant Secretaries.

309. Chief Financial Officer.

310. Chief Information Officer.

311. General Counsel.

312. Inspector General.

313. Availability of appropriations.

314. Central Office.

315. Regional offices.

316. Colocation of regional offices and medical centers.

317. Center for Minority Veterans.

318. Center for Women Veterans.

319. Office of Employment Discrimination Complaint

Adjudication.

PRIOR PROVISIONS

Prior chapter 3, consisted of sections 201 to 203, 210 to 224,

230, 231, 233 to 236, and 240 to 246, prior to repeal by Pub. L.

102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 378.

Section 201, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114,

established Veterans' Administration as an independent agency in

executive branch of Government. See section 301 of this title.

Section 202, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114,

related to seal of Veterans' Administration and authentication of

records of Veterans' Administration. See section 302 of this title.

Section 203, added Pub. L. 94-424, Sec. 2(a), Sept. 28, 1976, 90

Stat. 1332; amended Pub. L. 97-258, Sec. 2(j), Sept. 13, 1982, 96

Stat. 1062; Pub. L. 98-160, title VII, Sec. 702(1), Nov. 21, 1983,

97 Stat. 1009, related to availability of appropriations. See

section 313 of this title.

Section 210, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114; Pub.

L. 88-426, title III, Sec. 305(15), Aug. 14, 1964, 78 Stat. 424;

Pub. L. 89-361, Sec. 1(a), (b), Mar. 7, 1966, 80 Stat. 29; Pub. L.

89-785, title III, Sec. 301, Nov. 7, 1966, 80 Stat. 1376; Pub. L.

92-328, title II, Sec. 201, June 30, 1972, 86 Stat. 396; Pub. L.

95-202, title III, Sec. 301, Nov. 23, 1977, 91 Stat. 1440; Pub. L.

96-22, title V, Sec. 502(a), June 13, 1979, 93 Stat. 64; Pub. L.

97-66, title VI, Sec. 601(a)(1), Oct. 17, 1981, 95 Stat. 1033; Pub.

L. 97-452, Sec. 2(e)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L.

99-166, title IV, Sec. 403(a), Dec. 3, 1985, 99 Stat. 957; Pub. L.

99-576, title V, Sec. 501, title VII, Sec. 701(9), Oct. 28, 1986,

100 Stat. 3285, 3291; Pub. L. 100-527, Sec. 15(a), Oct. 5, 1988,

102 Stat. 2644; Pub. L. 102-40, title III, Sec. 303, May 7, 1991,

105 Stat. 208, related to appointment and general authority of

Administrator and Deputy Administrator. See sections 303, 304, 501,

503, 510, and 711 of this title.

Section 211, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.

L. 89-214, Sec. 1(b), Sept. 29, 1965, 79 Stat. 886; Pub. L. 89-358,

Sec. 4(h), Mar. 3, 1966, 80 Stat. 24; Pub. L. 91-376, Sec. 8(a),

Aug. 12, 1970, 84 Stat. 790; Pub. L. 100-687, div. A, title I, Sec.

101(a), Nov. 18, 1988, 102 Stat. 4105, related to decisions of

Administrator and opinions of Attorney General. See sections 505

and 511 of this title.

Section 212, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.

L. 89-361, Sec. 2, Mar. 7, 1966, 80 Stat. 30; Pub. L. 99-576, title

VII, Sec. 701(10), Oct. 28, 1986, 100 Stat. 3291, related to

delegation of authority and assignment of duties. See section 512

of this title.

Section 213, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.

L. 89-785, title III, Sec. 302, Nov. 7, 1966, 80 Stat. 1376; Pub.

L. 91-24, Sec. 2(c), June 11, 1969, 83 Stat. 33; Pub. L. 99-576,

title VII, Sec. 701(11), Oct. 28, 1986, 100 Stat. 3291, related to

contracts and acceptance of personal services. See section 513 of

this title.

Section 214, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115,

required an annual report to Congress by Administrator. See section

529 of this title.

Section 215, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub.

L. 99-576, title VII, Sec. 701(10), Oct. 28, 1986, 100 Stat. 3291,

related to publication of laws relating to veterans. See section

525 of this title.

Section 216, added Pub. L. 100-322, title I, Sec. 132(a), May 20,

1988, 102 Stat. 506; amended Pub. L. 102-40, title IV, Sec.

402(d)(1), May 7, 1991, 105 Stat. 239, related to assistance to

certain rehabilitation activities. See section 521 of this title.

Another prior section 216, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1116; Pub. L. 87-572, Aug. 6, 1962, 76 Stat. 307; Pub. L.

88-433, Sec. 1(a)-(c), Aug. 14, 1964, 78 Stat. 441, 442; Pub. L.

89-705, Sec. 1, Nov. 2, 1966, 80 Stat. 1099, which directed

Administrator to conduct research in field of prosthetic

appliances, prosthesis, orthopedic appliances, and sensory devices,

was repealed by Pub. L. 94-581, title II, Sec. 205(c)(1), Oct. 21,

1976, 90 Stat. 2859. See section 7303 of this title.

Section 217, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub.

L. 99-576, title VII, Sec. 701(10), Oct. 28, 1986, 100 Stat. 3291,

related to studies of rehabilitation of disabled persons. See

section 522 of this title.

Section 218, added Pub. L. 93-43, Sec. 4(a), June 18, 1973, 87

Stat. 79; amended Pub. L. 98-528, title I, Sec. 101(a)(1), Oct. 19,

1984, 98 Stat. 2686; Pub. L. 99-576, title II, Sec. 211, Oct. 28,

1986, 100 Stat. 3257, related to security and law enforcement on

property under jurisdiction of Veterans' Administration. See

section 901 et seq. of this title.

Section 219, added Pub. L. 93-508, title II, Sec. 213(a), Dec. 3,

1974, 88 Stat. 1586; amended Pub. L. 99-576, title VII, Sec.

701(12), Oct. 28, 1986, 100 Stat. 3291, related to evaluation of

programs and collection of data. See section 527 of this title.

Section 220, added Pub. L. 93-508, title II, Sec. 213(a), Dec. 3,

1974, 88 Stat. 1587; amended Pub. L. 96-466, title VII, Sec.

701(a), (b)(1), Oct. 17, 1980, 94 Stat. 2215; Pub. L. 98-528, title

I, Sec. 106(a), (b)(1), Oct. 19, 1984, 98 Stat. 2690, related to

coordination and promotion of other programs affecting veterans and

their dependents. See section 523 of this title.

Section 221, added Pub. L. 97-37, Sec. 2(a), Aug. 14, 1981, 95

Stat. 935, established Advisory Committee on Former Prisoners of

War. See section 541 of this title.

Section 222, added Pub. L. 98-160, title III, Sec. 301(a), Nov.

21, 1983, 97 Stat. 1003, established Advisory Committee on Women

Veterans. See section 542 of this title.

Section 223, added Pub. L. 100-687, div. A, title I, Sec.

102(a)(1), Nov. 18, 1988, 102 Stat. 4106, related to rulemaking

procedures and judicial review. See sections 501 and 502 of this

title.

Section 224, added Pub. L. 100-322, title II, Sec. 203(b)(1), May

20, 1988, 102 Stat. 509, Sec. 223; renumbered Sec. 224, Pub. L.

101-94, title III, Sec. 302(d)(1), Aug. 16, 1989, 103 Stat. 628,

related to administrative settlement of tort claims. See section

515 of this title.

Section 230, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub.

L. 86-103, July 23, 1959, 73 Stat. 224; Pub. L. 87-815, Sec. 5,

Oct. 15, 1962, 76 Stat. 927; Pub. L. 91-338, July 16, 1970, 84

Stat. 437; Pub. L. 93-82, title IV, Sec. 401, Aug. 2, 1973, 87

Stat. 196; Pub. L. 95-520, Sec. 2, Oct. 26, 1978, 92 Stat. 1820;

Pub. L. 96-22, title V, Sec. 503(a), June 13, 1979, 93 Stat. 65;

Pub. L. 96-385, title V, Sec. 501, Oct. 7, 1980, 94 Stat. 1533;

Pub. L. 97-295, Sec. 4(6), Oct. 12, 1982, 96 Stat. 1305; Pub. L.

99-108, Sec. 1, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99-166, title

IV, Sec. 402, Dec. 3, 1985, 99 Stat. 957; Pub. L. 99-576, title

VII, Sec. 701(13), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 100-689,

title V, Sec. 501(a), Nov. 18, 1988, 102 Stat. 4179; Pub. L.

101-237, title VI, Sec. 603(a), Dec. 18, 1989, 103 Stat. 2095,

related to Central Office and regional offices. See sections 314 to

316 of this title.

Section 231, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116,

related to placement of employees in military installations. See

section 701 of this title.

Section 232, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116, which

authorized Administrator to contract for services of translators

without regard to certain provisions of law, was repealed by Pub.

L. 91-24, Sec. 2(a), June 11, 1969, 83 Stat. 33.

Section 233, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub.

L. 87-574, Sec. 1(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89-785,

title III, Sec. 303(a), (b), Nov. 7, 1966, 80 Stat. 1376, 1377;

Pub. L. 99-576, title VII, Secs. 701(14), 702(2), Oct. 28, 1986,

100 Stat. 3291, 3301, related to providing employee's apparel,

transportation of employee children, recreational facilities,

educational information, reimbursement for personal property, and

emergency transportation. See section 703 of this title.

Section 234, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1117; Pub.

L. 93-82, title IV, Sec. 402(a), (c), Aug. 2, 1973, 87 Stat. 196,

related to telephone service for medical officers and facility

directors. See section 705 of this title.

Section 235, added Pub. L. 86-116, Sec. 1, July 28, 1959, 73

Stat. 265; amended Pub. L. 87-815, Sec. 6, Oct. 15, 1962, 76 Stat.

927; Pub. L. 89-300, Sec. 1(c), Oct. 28, 1965, 79 Stat. 1110; Pub.

L. 96-22, title V, Sec. 503(b), (c)(1), June 13, 1979, 93 Stat. 65;

Pub. L. 96-465, title II, Sec. 2206(g), Oct. 17, 1980, 94 Stat.

2163; Pub. L. 99-576, title VII, Secs. 701(15), 702(3), Oct. 28,

1986, 100 Stat. 3291, 3301, related to benefits to employees at

overseas offices who are United States citizens. See section 707 of

this title.

Section 236, added Pub. L. 89-300, Sec. 1(a), Oct. 28, 1965, 79

Stat. 1110; amended Pub. L. 99-576, title VII, Sec. 701(16), Oct.

28, 1986, 100 Stat. 3292, related to administrative settlement of

tort claims arising in foreign countries. See section 515 of this

title.

Section 240, added Pub. L. 91-219, title II, Sec. 214(a), Mar.

26, 1970, 84 Stat. 84; amended Pub. L. 92-540, title IV, Sec.

410(a), Oct. 24, 1972, 86 Stat. 1092, described purpose and defined

terms for veterans outreach services program. See section 7721 of

this title.

Section 241, added Pub. L. 91-219, title II, Sec. 214(a), Mar.

26, 1970, 84 Stat. 84; amended Pub. L. 92-540, title IV, Sec.

410(b), Oct. 24, 1972, 86 Stat. 1092; Pub. L. 93-508, title II,

Sec. 214(1), (2), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99-576,

title VII, Secs. 701(17), 702(4), Oct. 28, 1986, 100 Stat. 3292,

3301, related to outreach services. See section 7722 of this title.

Section 242, added Pub. L. 91-219, title II, Sec. 214(a), Mar.

26, 1970, 84 Stat. 85; amended Pub. L. 93-508, title II, Sec.

214(3), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99-576, title VII,

Sec. 701(18), Oct. 28, 1986, 100 Stat. 3292, related to veterans

assistance offices. See section 7723 of this title.

Section 243, added Pub. L. 93-508, title II, Sec. 214(4), Dec. 3,

1974, 88 Stat. 1587; amended Pub. L. 97-295, Sec. 4(7), Oct. 12,

1982, 96 Stat. 1305; Pub. L. 97-306, title II, Sec. 201(a), Oct.

14, 1982, 96 Stat. 1433, related to outstationing of counseling and

outreach personnel. See section 7724 of this title.

Section 244, added Pub. L. 91-219, title II, Sec. 214(a), Mar.

26, 1970, 84 Stat. 85, Sec. 243; renumbered Sec. 244 and amended

Pub. L. 93-508, title II, Sec. 214(4), (5), Dec. 3, 1974, 88 Stat.

1587, 1588; Pub. L. 96-466, title V, Sec. 501, Oct. 17, 1980, 94

Stat. 2202; Pub. L. 99-576, title VII, Sec. 701(19), Oct. 28, 1986,

100 Stat. 3292, related to utilization of other agencies. See

section 7725 of this title.

Section 245, added Pub. L. 91-219, title II, Sec. 214(a), Mar.

26, 1970, 84 Stat. 85, Sec. 244; renumbered Sec. 245, Pub. L.

93-508, title II, Sec. 214(4), Dec. 3, 1974, 88 Stat. 1587, related

to an annual report to Congress on the effectiveness of outreach

programs. See section 7726 of this title.

Section 246, added Pub. L. 95-202, title III, Sec. 310(b)(1),

Nov. 23, 1977, 91 Stat. 1446; amended Pub. L. 95-336, Sec. 6(b),

Aug. 4, 1978, 92 Stat. 453; Pub. L. 97-295, Sec. 4(8), Oct. 12,

1982, 96 Stat. 1305, related to veterans cost-of-instruction

payments to institutions of higher learning.

AMENDMENTS

1998 - Pub. L. 105-368, title IV, Sec. 403(c)(1)(B), Nov. 11,

1998, 112 Stat. 3338, substituted "Under Secretary for Memorial

Affairs" for "Director of the National Cemetery System" in item

307.

1997 - Pub. L. 105-114, title I, Sec. 102(a)(2), Nov. 21, 1997,

111 Stat. 2281, added item 319.

1996 - Pub. L. 104-106, div. E, title LVI, Sec. 5608(b), Feb. 10,

1996, 110 Stat. 702, substituted "Chief Information Officer" for

"Chief Information Resources Officer" in item 310.

1994 - Pub. L. 103-446, title V, Sec. 509(b), Nov. 2, 1994, 108

Stat. 4668, substituted "Center for Minority Veterans" for "Chief

Minority Affairs Officer" in item 317 and added item 318.

1992 - Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,

106 Stat. 1984, substituted "Under Secretary for Health" for "Chief

Medical Director" in item 305 and "Under Secretary for Benefits"

for "Chief Benefits Director" in item 306.

1991 - Pub. L. 102-218, Sec. 1(b), Dec. 11, 1991, 105 Stat. 1672,

added item 317.

-End-

-CITE-

38 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 301. Department

-STATUTE-

(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).

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 378;

amended Pub. L. 105-368, title IV, Sec. 403(a)(2), Nov. 11, 1998,

112 Stat. 3338.)

-MISC1-

PRIOR PROVISIONS

Prior section 301 was renumbered section 1101 of this title.

Provisions similar to those in subsec. (a) of this section were

contained in section 2 of Pub. L. 100-527, known as the Department

of Veterans Affairs Act.

Provisions similar to those in subsec. (b) of this section were

contained in section 201 of this title prior to repeal by Pub. L.

102-83, Sec. 2(a).

AMENDMENTS

1998 - Subsec. (c)(4). Pub. L. 105-368 substituted

"Administration" for "System".

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of Veterans Affairs are unable to perform

functions and duties of office of Secretary, see Ex. Ord. No.

13247, Dec. 18, 2001, 66 F.R. 66271, set out as a note under

section 3345 of Title 5, Government Organization and Employees.

RENAMING OF VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION

Pub. L. 102-40, Sec. 2, May 7, 1991, 105 Stat. 187, provided

that:

"(a) Renaming. - The establishment in the Department of Veterans

Affairs known as the Veterans Health Services and Research

Administration is hereby redesignated as the Veterans Health

Administration.

"(b) References. - Any reference to the Veterans Health Services

and Research Administration (or to the Department of Medicine and

Surgery of the Veterans' Administration) in any Federal law,

Executive order, regulation, delegation of authority, or document

of or pertaining to the Department of Veterans Affairs shall be

deemed to refer to the Veterans Health Administration."

DEPARTMENT OF VETERANS AFFAIRS ACT

Pub. L. 100-527, Secs. 1-12, 14, 16, 18, Oct. 25, 1988, 102 Stat.

2635-2642, 2644, 2645, 2648, as amended by Pub. L. 101-94, title

IV, Sec. 401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101-576, title

II, Sec. 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102-83,

Sec. 3, Aug. 6, 1991, 105 Stat. 402, provided that:

"SECTION 1. SHORT TITLE.

"This Act [see Tables for classification] may be cited as the

'Department of Veterans Affairs Act'.

"SEC. 2. ESTABLISHMENT OF VETERANS' ADMINISTRATION AS AN

EXECUTIVE DEPARTMENT.

"The Veterans' Administration is hereby redesignated as the

Department of Veterans Affairs and shall be an executive department

in the executive branch of the Government.

"[SECS. 3 to 5. Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6,

1991, 105 Stat. 402.]

"SEC. 6. VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION.

"The establishment within the Veterans' Administration known as

the Department of Medicine and Surgery is hereby redesignated as

the Veterans Health Services and Research Administration of the

Department of Veterans Affairs.

"SEC. 7. VETERANS BENEFITS ADMINISTRATION.

"The establishment within the Veterans' Administration known as

the Department of Veterans' Benefits is hereby redesignated as the

Veterans Benefits Administration of the Department of Veterans

Affairs.

"SEC. 8. OFFICE OF THE GENERAL COUNSEL.

"[(a) Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105

Stat. 402.]

"(b) Continuation of Service of General Counsel. - The individual

serving on the effective date of this Act [Mar. 15, 1989] as the

General Counsel of the Veterans' Administration may act as the

General Counsel of the Department of Veterans Affairs until a

person is appointed under this Act to that office.

"SEC. 9. OFFICE OF THE INSPECTOR GENERAL.

"(a) Redesignation. - The Office of Inspector General of the

Veterans' Administration, established in accordance with the

Inspector General Act of 1978 [Pub. L. 95-452, set out in the

Appendix to Title 5, Government Organization and Employees], is

hereby redesignated as the Office of Inspector General of the

Department of Veterans Affairs.

"[(b) Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105

Stat. 402.]

"SEC. 10. REFERENCES.

"Reference in any other Federal law, Executive order, rule,

regulation, or delegation of authority, or any document of or

pertaining to the Veterans' Administration -

"(1) to the Administrator of Veterans' Affairs shall be deemed

to refer to the Secretary of Veterans Affairs;

"(2) to the Veterans' Administration shall be deemed to refer

to the Department of Veterans Affairs;

"(3) to the Deputy Administrator of Veterans' Affairs shall be

deemed to refer to the Deputy Secretary of Veterans Affairs;

"(4) to the Chief Medical Director of the Veterans'

Administration shall be deemed to refer to the Chief Medical

Director [now Under Secretary for Health] of the Department of

Veterans Affairs;

"(5) to the Department of Medicine and Surgery of the Veterans'

Administration shall be deemed to refer to the Veterans Health

Services and Research Administration of the Department of

Veterans Affairs;

"(6) to the Chief Benefits Director of the Veterans'

Administration shall be deemed to refer to the Chief Benefits

Director [now Under Secretary for Benefits] of the Department of

Veterans Affairs;

"(7) to the Department of Veterans' Benefits of the Veterans'

Administration shall be deemed to refer to the Veterans Benefits

Administration of the Department of Veterans Affairs;

"(8) to the Chief Memorial Affairs Director of the Veterans'

Administration shall be deemed to refer to the Director of the

National Cemetery System [now Under Secretary of Veterans Affairs

for Memorial Affairs] of the Department of Veterans Affairs; and

"(9) to the Department of Memorial Affairs of the Veterans'

Administration shall be deemed to refer to the National Cemetery

System [now National Cemetery Administration] of the Department

of Veterans Affairs.

"SEC. 11. SAVINGS PROVISIONS.

"(a) Continuing Effect of Legal Documents. - All orders,

determinations, rules, regulations, permits, grants, contracts,

certificates, licenses, and privileges -

"(1) which have been issued, made, granted, or allowed to

become effective by the President, by the Administrator of

Veterans' Affairs, or by a court of competent jurisdiction, in

the performance of functions of the Administrator or the

Veterans' Administration; and

"(2) which are in effect on the effective date of this Act

[Mar. 15, 1989];

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Secretary, or other authorized official,

by a court of competent jurisdiction, or by operation of law.

"(b) Proceedings Not Affected. - The provisions of this Act shall

not affect any proceedings or any application for any benefits,

service, license, permit, certificate, or financial assistance

pending before the Veterans' Administration at the time this Act

takes effect, but such proceedings and applications shall be

continued. Orders shall be issued in such proceedings, appeals

shall be taken therefrom, and payments shall be made pursuant to

such orders, as if this Act had not been enacted, and orders issued

in any such proceedings shall continue in effect until modified,

terminated, superseded, or revoked by a duly authorized official,

by a court of competent jurisdiction, or by operation of law.

Nothing in this subsection shall be deemed to prohibit the

discontinuance or modification of any such proceeding under the

same terms and conditions and to the same extent that such

proceeding could have been discontinued or modified if this Act had

not been enacted.

"(c) Suits Not Affected. - The provisions of this Act shall not

affect suits commenced before the effective date of this Act, and

in all such suits, proceedings shall be had, appeals taken, and

judgments rendered in the same manner and with the same effect as

if this Act had not been enacted.

"(d) Nonabatement of Actions. - No suit, action, or other

proceeding commenced by or against the Veterans' Administration, or

by or against any individual in the official capacity of such

individual as an officer of the Veterans' Administration, shall

abate by reason of the enactment of this Act.

"(e) Property and Resources. - The contracts, liabilities,

records, property, and other assets and interests of the Veterans'

Administration shall, after the effective date of this Act, be

considered to be the contracts, liabilities, records, property, and

other assets and interests of the Department of Veterans Affairs.

"(f) Compensation for Continued Service. - Any person -

"(1) who acts as Secretary or Deputy Secretary of the

Department of Veterans Affairs under section 3(e);

"(2) who continues to serve as Chief Medical Director [now

Under Secretary for Health] or Chief Benefits Director [now Under

Secretary for Benefits] of such department under section 3(f) or

(g), respectively;

"(3) who acts as the Director of the National Cemetery System

[now Under Secretary of Veterans Affairs for Memorial Affairs]

under section 3(h); or

"(4) who acts as General Counsel of the Department of Veterans

Affairs under section 8(b);

after the effective date of this Act and before the first

appointment of a person to such position after such date shall

continue to be compensated for so serving or acting at the rate at

which such person was compensated before the effective date of this

Act.

"[SEC. 12. Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105

Stat. 402.]

"SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.

"After consultation with the appropriate committees of the

Congress, the Secretary of Veterans Affairs shall prepare and

submit to the Congress proposed legislation containing technical

and conforming amendments to title 38, United States Code, and to

other provisions of law, which reflect the changes made by this

Act. Such legislation shall be submitted not later than 6 months

after the date of enactment of this Act [Oct. 25, 1988].

"[SEC. 16. Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105

Stat. 402.]

"SEC. 18. EFFECTIVE DATE.

"(a) In General. - Except as provided in subsection (b), this Act

shall take effect on March 15, 1989.

"(b) Appointment of Secretary. - Notwithstanding any other

provision of law or of this Act, the President may, any time after

January 21, 1989, appoint an individual to serve as Secretary of

the Department of Veterans Affairs."

-End-

-CITE-

38 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 302. Seal

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.)

-MISC1-

PRIOR PROVISIONS

Prior section 302 was renumbered section 1102 of this title.

Provisions similar to those in this section were contained in

section 202 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 303. Secretary of Veterans Affairs

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 210(a), (b)(1) of this title and in second and third

sentences of section 2 of Pub. L. 100-527, known as the Department

of Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Secs.

2(a), 3(1).

NATIONAL CENTER ON WAR-RELATED ILLNESSES AND POST-DEPLOYMENT HEALTH

ISSUES

Pub. L. 105-368, title I, Sec. 103, Nov. 11, 1998, 112 Stat.

3322, provided that:

"(a) Assessment. - The Secretary of Veterans Affairs shall seek

to enter into an agreement with the National Academy of Sciences,

or another appropriate independent organization, under which such

entity shall assist in developing a plan for the establishment of a

national center or national centers for the study of war-related

illnesses and post-deployment health issues. The purposes of such a

center may include -

"(1) carrying out and promoting research regarding the

etiologies, diagnosis, treatment, and prevention of war-related

illnesses and post-deployment health issues; and

"(2) promoting the development of appropriate health policies,

including monitoring, medical recordkeeping, risk communication,

and use of new technologies.

"(b) Recommendations and Report. - With respect to such a center,

an agreement under this section shall provide for the Academy (or

other entity) to -

"(1) make recommendations regarding: (A) design of an

organizational structure or structures, operational scope,

staffing and resource needs, establishment of appropriate

databases, the advantages of single or multiple sites, mechanisms

for implementing recommendations on policy, and relationship to

academic or scientific entities; (B) the role or roles that

relevant Federal departments and agencies should have in the

establishment and operation of any such center or centers; and

(C) such other matters as it considers appropriate; and

"(2) report to the Secretary, the Secretaries of Defense and

Health and Human Services, and the Committees on Veterans'

Affairs of the Senate and House of Representatives, not later

than 1 year after the date of the enactment of this Act [Nov. 11,

1998], on its recommendations.

"(c) Report on Establishment of National Center. - Not later than

60 days after receiving the report under subsection (b), the

Secretaries specified in subsection (b)(2) shall submit to the

Committees on Veterans' Affairs and Armed Services of the Senate

and the Committees on Veterans' Affairs and Natoinal [sic] Security

of the House of Representatives a joint report on the findings and

recommendations contained in that report. Such report may set forth

an operational plan for carrying out any recommendation in that

report to establish a national center or centers for the study of

war-related illnesses. No action to carry out such plan may be

taken after the submission of such report until the end of a 90-day

period following the date of the submission."

SPECIFICATION IN BUDGET SUBMISSIONS OF FUNDS FOR CERTAIN VETERANS

BENEFITS

Pub. L. 100-687, div. B, title XIV, Sec. 1404, Nov. 18, 1988, 102

Stat. 4131, as amended by Pub. L. 102-83, Secs. 5(c)(2), 6(k)(3),

Aug. 6, 1991, 105 Stat. 406, 409, provided that:

"(a) Budget Information. - In the documentation providing

detailed information on the budgets for the Department of Veterans

Affairs and the Department of Labor that the Secretary of Veterans

Affairs and the Secretary of Labor, respectively, submit to the

Congress in conjunction with the President's budget submission for

each fiscal year pursuant to section 1105 of title 31, United

States Code, the Secretary of Veterans Affairs and the Secretary of

Labor shall identify, to the maximum extent feasible, the estimated

amount in each of the appropriation requests for Department of

Veterans Affairs accounts and Department of Labor accounts,

respectively, that is to be obligated for the furnishing of each of

the following services or benefits only to, or with respect to,

veterans who performed active military, naval, or air service in

combat with the enemy or in a theatre of combat operations during a

period of war or other hostilities:

"(1) Employment services and other employment benefits under

programs administered by the Secretary of Labor.

"(2) Compensation under chapter 11 of title 38, United States

Code.

"(3) Dependency and Indemnity Compensation under chapter 13 of

such title.

"(4) Pension under chapter 15 of such title.

"(5) Inpatient hospital care under chapter 17 of such title.

"(6) Outpatient medical care under chapter 17 of such title.

"(7) Nursing home care under chapter 17 of such title.

"(8) Domiciliary care under chapter 17 of such title.

"(9) Readjustment counseling services under section 1712A of

such title.

"(10) Insurance under chapter 19 of such title.

"(11) Specially adapted housing for disabled veterans under

chapter 21 of such title.

"(12) Burial benefits under chapter 23 of such title.

"(13) Educational assistance under chapters 30, 32, and 34 of

such title and chapter 106 of title 10, United States Code.

"(14) Vocational rehabilitation services under chapter 31 of

title 38, United States Code.

"(15) Survivors' and dependents' educational assistance under

chapter 35 of such title.

"(16) Home loan benefits under chapter 37 of such title.

"(17) Automobiles and adaptive equipment under chapter 39 of

such title.

"(b) Report on Feasibility. - If the Secretary of Veterans

Affairs or the Secretary of Labor determines that, with respect to

any services or benefits referred to in subsection (a), it is not

feasible to identify an estimated dollar amount to be obligated for

furnishing such services or benefits only to veterans described in

that subsection for any fiscal year, the Secretary of Veterans

Affairs and the Secretary of Labor shall, with respect to an

appropriation request for such fiscal year relating to such

services or benefits, report to the Committees on Veterans' Affairs

of the Senate and the House of Representatives the reasons for the

infeasibility. The report shall be submitted contemporaneously with

the budget submission for such fiscal year. The report shall

specify (1) the information, systems, equipment, or personnel that

would be required in order for it to be feasible for the Secretary

of Veterans Affairs or the Secretary of Labor to identify such

amount, and (2) the actions to be taken in order to ensure that it

will be feasible to make such an estimate in connection with the

submission of the budget request for the next fiscal year."

INFORMATION AND TRAINING CONCERNING AIDS PREVENTION

Pub. L. 100-322, title I, Sec. 123, May 20, 1988, 102 Stat. 504,

as amended by Pub. L. 102-83, Sec. 6(j)(2), Aug. 6, 1991, 105 Stat.

409; Pub. L. 102-531, title III, Sec. 312(c), Oct. 27, 1992, 106

Stat. 3504, provided that:

"(a) Information Program. - The Secretary of Veterans Affairs

shall establish and carry out an information program relating to

the acquired immune deficiency syndrome (hereinafter in this

section referred to as 'AIDS'). The information program shall be

for employees and consultants of the Department of Veterans

Affairs, for other persons providing services in Department of

Veterans Affairs facilities to beneficiaries of programs

administered by the Department of Veterans Affairs, and for such

beneficiaries.

"(b) Required Elements of Information Program. - In conducting

the program under subsection (a), the Secretary shall -

"(1) develop, in consultation with the Surgeon General of the

United States and the Director of the Centers for Disease Control

and Prevention, publications and other materials containing

information on AIDS, including information on the prevention of

infection with the human immunodeficiency virus;

"(2) provide for periodic dissemination of publications

(including the Surgeon General's Report on AIDS) and other

materials containing such information;

"(3) make publications and other suitable materials containing

such information readily available in Department of Veterans

Affairs health-care facilities and such other Department of

Veterans Affairs facilities as the Secretary considers

appropriate; and

"(4) disseminate information (including the Surgeon General's

Report on AIDS) on the risk of transmission of the human

immunodeficiency virus, and information on preventing the

transmission of such virus, to Department of Veterans Affairs

substance abuse treatment personnel, to each person being

furnished treatment by the Department of Veterans Affairs for

drug abuse, and to each person receiving care or services from

the Department of Veterans Affairs whom the Secretary believes to

be at high risk for AIDS.

"(c) Training in AIDS Prevention. - The Secretary shall establish

and carry out a program that provides for education, training, and

other activities (including continuing education and infection

control programs) regarding AIDS and the human immunodeficiency

virus designed to improve the effectiveness and safety of all

health-care personnel and all health-care support personnel

involved in the furnishing of care under programs administered by

the Department of Veterans Affairs."

-TRANS-

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.

-End-

-CITE-

38 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 304. Deputy Secretary of Veterans Affairs

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 210(d) of this title and in section 3(a) of Pub. L.

100-527, known as the Department of Veterans Affairs Act, prior to

repeal by Pub. L. 102-83, Secs. 2(a), 3(3).

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of Veterans Affairs are unable to perform

functions and duties of office of Secretary, see Ex. Ord. No.

13247, Dec. 18, 2001, 66 F.R. 66271, set out as a note under

section 3345 of Title 5, Government Organization and Employees.

-End-

-CITE-

38 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 305. Under Secretary for Health

-STATUTE-

(a)(1) There is in the Department an Under Secretary for Health,

who is appointed by the President, by and with the advice and

consent of the Senate.

(2) The Under Secretary for Health shall be a doctor of medicine

and shall be appointed without regard to political affiliation or

activity and solely -

(A) on the basis of demonstrated ability in the medical

profession, in health-care administration and policy formulation,

and in health-care fiscal management; and

(B) on the basis of substantial experience in connection with

the programs of the Veterans Health Administration or programs of

similar content and scope.

(b) The Under Secretary for Health is the head of, and is

directly responsible to the Secretary for the operation of, the

Veterans Health Administration.

(c) The Under Secretary for Health shall be appointed for a

period of four years, with reappointment permissible for successive

like periods. If the President removes the Under Secretary for

Health before the completion of the term for which the Under

Secretary for Health was appointed, the President shall communicate

the reasons for the removal to Congress.

(d)(1) Whenever a vacancy in the position of Under Secretary for

Health occurs or is anticipated, the Secretary shall establish a

commission to recommend individuals to the President for

appointment to the position.

(2) A commission established under this subsection shall be

composed of the following members appointed by the Secretary:

(A) Three persons representing clinical care and medical

research and education activities affected by the Veterans Health

Administration.

(B) Two persons representing veterans served by the Veterans

Health Administration.

(C) Two persons who have experience in the management of

veterans health services and research programs, or programs of

similar content and scope.

(D) The Deputy Secretary of Veterans Affairs.

(E) The Chairman of the Special Medical Advisory Group

established under 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.

-SOURCE-

(Added and amended Pub. L. 102-83, Secs. 2(a), 4(a)(3), (4), Aug.

6, 1991, 105 Stat. 379, 404; Pub. L. 102-405, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title

XII, Sec. 1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3(b) of Pub. L. 100-527, known as the Department of

Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-446, Sec. 1201(c)(1)(A),

substituted "an Under Secretary" for "a Under Secretary".

Subsec. (d)(2)(F). Pub. L. 103-446, Sec. 1201(c)(1)(B), (e)(2),

substituted "Chief Medical Director of the Veterans'

Administration)" for "Under Secretary for Health of the

Department)" and "commission" for "Commission".

1992 - Pub. L. 102-405 substituted "Under Secretary for Health"

for "Chief Medical Director" wherever appearing.

1991 - Subsec. (d)(2)(F). Pub. L. 102-83, Sec. 4(a)(3), (4),

substituted "Department" for "Veterans' Administration".

-CHANGE-

CHANGE OF NAME

Section 302(a) of Pub. L. 102-405 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."

Section 302(e) of Pub. L. 102-405 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."

-End-

-CITE-

38 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 306. Under Secretary for Benefits

-STATUTE-

(a) There is in the Department an Under Secretary for Benefits,

who is appointed by the President, by and with the advice and

consent of the Senate. The Under Secretary for Benefits shall be

appointed without regard to political affiliation or activity and

solely on the basis of demonstrated ability in -

(1) fiscal management; and

(2) the administration of programs within the Veterans Benefits

Administration or programs of similar content and scope.

(b) The Under Secretary for Benefits is the head of, and is

directly responsible to the Secretary for the operations of, the

Veterans Benefits Administration.

(c) The Under Secretary for Benefits shall be appointed for a

period of four years, with reappointment permissible for successive

like periods. If the President removes the Under Secretary for

Benefits before the completion of the term for which the Under

Secretary for Benefits was appointed, the President shall

communicate the reasons for the removal to Congress.

(d)(1) Whenever a vacancy in the position of Under Secretary for

Benefits occurs or is anticipated, the Secretary shall establish a

commission to recommend individuals to the President for

appointment to the position.

(2) A commission established under this subsection shall be

composed of the following members appointed by the Secretary:

(A) Three persons representing education and training, real

estate, mortgage finance, and related industries, and survivor

benefits activities affected by the Veterans Benefits

Administration.

(B) Two persons representing veterans served by the Veterans

Benefits Administration.

(C) Two persons who have experience in the management of

veterans benefits programs or programs of similar content and

scope.

(D) The Deputy Secretary of Veterans Affairs.

(E) The chairman of the Veterans' Advisory Committee on

Education formed under 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.

-SOURCE-

(Added and amended Pub. L. 102-83, Secs. 2(a), 4(a)(3), (4), Aug.

6, 1991, 105 Stat. 380, 404; Pub. L. 102-405, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title

XII, Sec. 1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3(c) of Pub. L. 100-527, known as the Department of

Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-446, Sec. 1201(c)(2)(A),

substituted "an Under Secretary" for "a Under Secretary".

Subsec. (d)(2)(F). Pub. L. 103-446, Sec. 1201(c)(2)(B), (e)(2),

substituted "Chief Benefits Director of the Veterans'

Administration)" for "Under Secretary for Benefits of the

Department)" and "commission" for "Commission".

1992 - Pub. L. 102-405 substituted "Under Secretary for Benefits"

for "Chief Benefits Director" wherever appearing.

1991 - Subsec. (d)(2)(F). Pub. L. 102-83, Sec. 4(a)(3), (4),

substituted "Department" for "Veterans' Administration".

-CHANGE-

CHANGE OF NAME

Section 302(b) of Pub. L. 102-405 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."

-End-

-CITE-

38 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 307. Under Secretary for Memorial Affairs

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 381;

amended Pub. L. 105-368, title IV, Sec. 403(a)(3), (c)(1)(A), Nov.

11, 1998, 112 Stat. 3338.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3(d) of Pub. L. 100-527, known as the Department of

Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

AMENDMENTS

1998 - Pub. L. 105-368, Sec. 403(c)(1)(A), substituted "Under

Secretary for Memorial Affairs" for "Director of the National

Cemetery System" in section catchline.

Pub. L. 105-368, Sec. 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".

-End-

-CITE-

38 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 308. Assistant Secretaries; Deputy Assistant Secretaries

-STATUTE-

(a) There shall be in the Department not more than seven

Assistant Secretaries. Each Assistant Secretary shall be appointed

by the President, by and with the advice and consent of the Senate.

(b) The Secretary shall assign to the Assistant Secretaries

responsibility for the administration of such functions and duties

as the Secretary considers appropriate, including the following

functions:

(1) Budgetary and financial functions.

(2) Personnel management and labor relations functions.

(3) Planning, studies, and evaluations.

(4) Management, productivity, and logistic support functions.

(5) Information management functions as required by 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.

(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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 381;

amended Pub. L. 107-287, Sec. 5(a)-(c), Nov. 7, 2002, 116 Stat.

2030.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 4(a), (b), (e) and 5 of Pub. L. 100-527, known as the

Department of Veterans Affairs Act, prior to repeal by Pub. L.

102-83, Sec. 3(3).

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-287, Sec. 5(a), substituted

"seven" for "six" in first sentence.

Subsec. (b)(11). Pub. L. 107-287, Sec. 5(b), added par. (11).

Subsec. (d)(1). Pub. L. 107-287, Sec. 5(c), substituted "19" for

"18".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4102A of this title.

-End-

-CITE-

38 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 309. Chief Financial Officer

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 382.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 4(c) of Pub. L. 100-527, known as the Department of

Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

-End-

-CITE-

38 USC Sec. 310 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 310. Chief Information Officer

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 382;

amended Pub. L. 104-106, div. E, title LVI, Sec. 5604, Feb. 10,

1996, 110 Stat. 700; Pub. L. 105-85, div. A, title X, Sec.

1073(h)(3), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 107-217, Sec.

3(j)(2), Aug. 21, 2002, 116 Stat. 1300.)

-MISC1-

PRIOR PROVISIONS

Prior section 310 was renumbered section 1110 of this title.

Provisions similar to those in this section were contained in

section 4(d) of Pub. L. 100-527, known as the Department of

Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-217 substituted "subtitle III of

title 40" for "division E of the Clinger-Cohen Act of 1996 (40

U.S.C. 1401 et seq.)".

1997 - Subsec. (b). Pub. L. 105-85 substituted "division E of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)" for "the

Information Technology Management Reform Act of 1996".

1996 - Pub. L. 104-106 substituted "Chief Information Officer"

for "Chief Information Resources Officer" in section catchline and

amended text generally. Prior to amendment, text consisted of

subsecs. (a) to (d), relating to designation, powers, and duties of

the Chief Information Resources Officer.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,

1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.

702.

-End-

-CITE-

38 USC Sec. 311 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 311. General Counsel

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383.)

-MISC1-

PRIOR PROVISIONS

Prior section 311 was renumbered section 1111 of this title.

Provisions similar to those in this section were contained in

section 8(a) of Pub. L. 100-527, known as the Department of

Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

-End-

-CITE-

38 USC Sec. 312 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 312. Inspector General

-STATUTE-

(a) There is in the Department an Inspector General, who is

appointed by the President, by and with the advice and consent of

the Senate, as provided in the Inspector General Act of 1978 (5

U.S.C. App.). The Inspector General performs the functions, has the

responsibilities, and exercises the powers specified in that Act.

(b)(1) The Secretary shall provide for not less than 40 full-time

positions in the Office of Inspector General in addition to the

number of such positions in that office on March 15, 1989.

(2) The President shall include in the budget transmitted to the

Congress for each fiscal year pursuant to 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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383;

amended Pub. L. 103-446, title XII, Sec. 1201(e)(3), (g)(1), Nov.

2, 1994, 108 Stat. 4685, 4687.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (a), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

Prior section 312 was renumbered section 1112 of this title.

Provisions similar to those in this section were contained in

section 9(b) of Pub. L. 100-527, known as the Department of

Veterans Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-446, Sec. 1201(e)(3), substituted

"(5 U.S.C. App.)" for "(5 U.S.C. App. 3)".

Subsec. (b)(3). Pub. L. 103-446, Sec. 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."

-End-

-CITE-

38 USC Sec. 313 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 313. Availability of appropriations

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383.)

-MISC1-

PRIOR PROVISIONS

Prior section 313 was renumbered section 1113 of this title.

Provisions similar to those in this section were contained in

section 203 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

-CITE-

38 USC Sec. 314 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 314. Central Office

-STATUTE-

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

Columbia.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 383.)

-MISC1-

PRIOR PROVISIONS

Prior section 314 was renumbered section 1114 of this title.

Provisions similar to those in this section were contained in

section 230(a) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 115 of this title.

-End-

-CITE-

38 USC Sec. 315 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 315. Regional offices

-STATUTE-

(a) The Secretary may establish such regional offices and such

other field offices within the United States, its Territories,

Commonwealths, and possessions, as the Secretary considers

necessary.

(b) The Secretary may maintain a regional office in the Republic

of the Philippines until December 31, 2003.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 384;

amended Pub. L. 102-291, Sec. 1(a), May 20, 1992, 106 Stat. 178;

Pub. L. 103-210, Sec. 2(c), Dec. 20, 1993, 107 Stat. 2497; Pub. L.

103-446, title V, Sec. 502, Nov. 2, 1994, 108 Stat. 4663; Pub. L.

106-117, title VIII, Sec. 802, Nov. 30, 1999, 113 Stat. 1586.)

-MISC1-

PRIOR PROVISIONS

Prior section 315 was renumbered section 1115 of this title.

Provisions similar to those in this section were contained in

section 230(a), (b) of this title prior to repeal by Pub. L.

102-83, Sec. 2(a).

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-117 substituted "December 31,

2003" for "December 31, 1999".

1994 - Subsec. (b). Pub. L. 103-446 substituted "December 31,

1999" for "December 31, 1994".

1993 - Subsec. (b). Pub. L. 103-210 substituted "December 31,

1994" for "March 31, 1994".

1992 - Subsec. (b). Pub. L. 102-291 substituted "March 31, 1994"

for "September 30, 1991".

EFFECTIVE DATE OF 1992 AMENDMENT

Section 1(b) of Pub. L. 102-291 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

of September 30, 1991."

RATIFICATION OF MAINTENANCE OF OFFICE DURING LAPSED PERIOD

Section 1(c) of Pub. L. 102-291 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 115 of this title.

-End-

-CITE-

38 USC Sec. 316 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 316. Colocation of regional offices and medical centers

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 384.)

-MISC1-

PRIOR PROVISIONS

Prior section 316 was renumbered section 1116 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 8103 of this title.

-End-

-CITE-

38 USC Sec. 317 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 317. Center for Minority Veterans

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-446, title V, Sec. 509(a), Nov. 2, 1994, 108

Stat. 4665; amended Pub. L. 104-275, title V, Sec. 501(a)-(c), Oct.

9, 1996, 110 Stat. 3340.)

-MISC1-

PRIOR PROVISIONS

Prior section 317, added Pub. L. 102-218, Sec. 1(a), Dec. 11,

1991, 105 Stat. 1671; amended Pub. L. 103-446, title XII, Sec.

1201(e)(4), Nov. 2, 1994, 108 Stat. 4685, related to Chief Minority

Affairs Officer, prior to repeal by Pub. L. 103-446, Sec. 509(a).

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-275, Sec. 501(a), inserted

"career or" before "noncareer".

Subsec. (d)(10) to (12). Pub. L. 104-275, Sec. 501(b), added

pars. (10) and (11) and redesignated former par. (10) as (12).

Subsec. (g). Pub. L. 104-275, Sec. 501(c), added subsec. (g).

-End-

-CITE-

38 USC Sec. 318 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 318. Center for Women Veterans

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-446, title V, Sec. 509(a), Nov. 2, 1994, 108

Stat. 4666; amended Pub. L. 104-275, title V, Sec. 501(a), (d),

Oct. 9, 1996, 110 Stat. 3340, 3341.)

-MISC1-

PRIOR PROVISIONS

Prior sections 321, 322, and 331 to 335 were renumbered sections

1121, 1122, and 1131 to 1135 of this title, respectively.

Prior section 336, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123,

set forth the conditions under which wartime rates were payable to

any veteran otherwise entitled to compensation under subchapter IV

of chapter 11 of this title, prior to repeal by Pub. L. 92-328,

title I, Sec. 108(c), title III, Sec. 301(b), June 30, 1972, 86

Stat. 396, 398, effective July 1, 1973.

Prior sections 337, 341, and 342 were renumbered sections 1137,

1141, and 1142 of this title, respectively.

Prior section 343, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124,

prescribed conditions under which wartime rates of compensation

were payable, prior to repeal by Pub. L. 93-295, title II, Sec.

206(b), title IV, Sec. 401, May 31, 1974, 88 Stat. 183, 184,

effective May 1, 1974.

Prior sections 351 to 355 were renumbered sections 1151 to 1155

of this title, respectively.

Prior section 356, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125,

provided for a minimum rating for veterans with arrested

tuberculosis, prior to repeal by Pub. L. 90-493, Sec. 4, Aug. 19,

1968, 82 Stat. 809, but repeal not applicable in case of veteran

who on Aug. 19, 1968, was receiving or entitled to receive

compensation for tuberculosis which in the judgment of the

Administrator had reached a condition of complete arrest.

Prior sections 357 to 363 were renumbered sections 1157 to 1163

of this title, respectively.

Prior sections 401 and 402 were renumbered sections 1301 and 1302

of this title, respectively.

Prior section 403, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127;

Pub. L. 91-96, Sec. 2, Oct. 27, 1969, 83 Stat. 144, defined Reserve

Officer Training Corps annual training duty and authorized travel

to and from such duty as active military service for the purposes

of chapter 11 of this title and former section 722 of this title,

prior to repeal by Pub. L. 97-306, title I, Sec. 113(b)(1), (d),

Oct. 14, 1982, 96 Stat. 1432, 1433, effective Oct. 1, 1982, with

respect to deaths and disabilities resulting from diseases or

injuries incurred or aggravated after Sept. 30, 1982, and Oct. 1,

1983, with respect to deaths and disabilities incurred or

aggravated before Oct. 1, 1982.

Prior sections 404, 410 to 418, and 421 to 423 were renumbered

sections 1304, 1310 to 1318, and 1321 to 1323 of this title,

respectively.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-275, Sec. 501(a), inserted

"career or" before "noncareer".

Subsec. (d)(10). Pub. L. 104-275, Sec. 501(d), substituted "(42

U.S.C. 289a-2) with respect to the inclusion of women in clinical

research and on" for "(relating to the inclusion of women and

minorities in clinical research) and of".

ASSESSMENT OF USE BY WOMEN VETERANS OF DEPARTMENT OF VETERANS

AFFAIRS HEALTH SERVICES

Pub. L. 104-262, title III, Sec. 323, Oct. 9, 1996, 110 Stat.

3196, provided that:

"(a) Reports to Under Secretary for Health. - The Center for

Women Veterans of the Department of Veterans Affairs (established

under section 509 of Public Law 103-446 [enacting this section and

section 317 of this title and repealing former section 317 of this

title]), in consultation with the Advisory Committee on Women

Veterans, shall assess the use by women veterans of health services

through the Department of Veterans Affairs, including counseling

for sexual trauma and mental health services. The Center shall

submit to the Under Secretary for Health of the Department of

Veterans Affairs a report not later than April 1, 1997, and April 1

of each of the two following years, on -

"(1) the extent to which women veterans described in paragraphs

(1) and (2) of section 1710(a) of title 38, United States Code,

fail to seek, or face barriers in seeking, health services

through the Department, and the reasons therefor; and

"(2) recommendations, if indicated, for encouraging greater use

of such services, including (if appropriate) public service

announcements and other outreach efforts.

"(b) Reports to Congressional Committees. - Not later than July

1, 1997, and July 1 of each of the two following years, the

Secretary of Veterans Affairs shall submit to the Committees on

Veterans' Affairs of the Senate and House of Representatives a

report containing -

"(1) the most recent report of the Center for Women Veterans

under subsection (a);

"(2) the views of the Under Secretary for Health on such

report's findings and recommendations; and

"(3) a description of the steps being taken by the Secretary to

remedy any problems described in the report."

-End-

-CITE-

38 USC Sec. 319 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 3 - DEPARTMENT OF VETERANS AFFAIRS

-HEAD-

Sec. 319. Office of Employment Discrimination Complaint

Adjudication

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 105-114, title I, Sec. 102(a)(1), Nov. 21, 1997, 111

Stat. 2280.)

-MISC1-

EFFECTIVE DATE

Section 102(c) of Pub. L. 105-114 provided that: "Section 319 of

title 38, United States Code, as added by subsection (a), shall

take effect 90 days after the date of enactment of this Act [Nov.

21, 1997]."

REPORTS ON IMPLEMENTATION

Section 102(b) of Pub. L. 105-114 provided that: "The Director of

the Office of Employment Discrimination Complaint Adjudication of

the Department of Veterans Affairs (established by section 319 of

title 38, United States Code, as added by subsection (a)) shall

submit to the Secretary of Veterans Affairs and to Congress reports

on the implementation and the operation of that office. The first

such report shall be submitted not later than April 1, 1998, and

subsequent reports shall be submitted not later than January 1,

1999, and January 1, 2000."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 516 of this title.

-End-