38 U.S.C. Chapter 5 — AUTHORITY AND DUTIES OF THE SECRETARY

Chapter 5 · Authority and duties of the secretary

Subchapter II · Specified functions

521Assistance to certain rehabilitation activities#

(a)The Secretary may assist any organization named in or approved under section 5902 of this title in providing recreational activities which would further the rehabilitation of disabled veterans. Such assistance may be provided only if—

(1)the activities are available to disabled veterans on a national basis; and

(2)a significant percentage of the individuals participating in the activities are eligible for rehabilitative services under chapter 17 of this title.

(b)The Secretary may accept from any appropriate source contributions of funds and of other assistance to support the Secretary’s provision of assistance for such activities.

(c)

(1)Subject to paragraph (2), the Secretary may authorize the use, for purposes approved by the Secretary in connection with the activity involved, of the seal and other official symbols of the Department and the name “Department of Veterans Affairs” by—

(A)any organization which provides an activity described in subsection (a) with assistance from the Secretary; and

(B)any individual or entity from which the Secretary accepts a significant contribution under subsection (b) or an offer of such a contribution.

(2)The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary under this subsection only if—

(A)the Secretary has approved the advertisement; and

(B)the advertisement contains a clear statement that no product, project, or commercial line of endeavor referred to in the advertisement is endorsed by the Department of Veterans Affairs.

521AAdaptive sports programs for disabled veterans and members of the Armed Forces#

(a)

(1)The Secretary may carry out a program under which the Secretary may make grants to eligible entities for planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and disabled members of the Armed Forces.

(2)For purposes of this section, an eligible entity is an entity with significant experience in managing a large-scale adaptive sports program.

(b)As a condition of receiving a grant under this section, an eligible entity shall permit the Secretary to conduct such oversight of the use of grant funds as the Secretary determines is appropriate. An eligible entity that receives a grant under this section shall be responsible for the use of grant funds provided under this section.

(c)

(1)Before the Secretary may award a grant to an eligible entity under this section, the eligible entity shall submit to the Secretary an application that describes the activities to be carried out with the grant, including information on specific measurable goals and objectives to be achieved using grant funds.

(2)The application shall include—

(A)a detailed description of—

(i)all partnerships referred to in paragraph (3) at the national and local levels that will be participating in such activities and the amount of grant funds that the eligible entity proposes to make available for each of such partnerships;

(ii)the anticipated personnel, travel, and administrative costs that will be paid for by the eligible entity using grant funds;

(iii)the financial controls implemented by the eligible entity, including methods to track expenditures of grant funds;

(iv)the performance metrics to be used by the eligible entity to evaluate the effectiveness of the activities to be carried out using grant funds; and

(v)the anticipated personnel, travel, and administrative costs that will be paid for by grantees under this subsection using grant funds; and

(B)for any fiscal year for which a grant is sought, the amount of private donations received by the eligible entity expected to be expended to support operations during that fiscal year.

(3)Partnerships referred to in this paragraph are agreements between the eligible entity and organizations with significant experience in the training and support of disabled athletes and the promotion of disabled sports at the local and national levels. Such organizations may include Disabled Sports USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and funding to be provided by the eligible entity to the partner.

(d)

(1)An eligible entity that receives a grant under this section, with the assistance and cooperation of the Secretary and the heads of other appropriate Federal and State departments and agencies and partnerships referred to in subsection (c)(3), shall use the grant to reimburse grantees with which the eligible entity has entered into a partnership under subsection (c) for the direct costs of recruiting, supporting, equipping, encouraging, scheduling, facilitating, supervising, and implementing the participation of disabled veterans and disabled members of the Armed Forces in the activities described in paragraph (3) by supporting a program described in paragraph (2).

(2)A program described in this paragraph is a sports program that—

(A)promotes basic physical activity, games, recreation, training, and competition;

(B)is approved by the Secretary; and

(C)

(i)provides services and activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces; and

(ii)may also provide services and activities described in paragraph (3) for individuals with disabilities who are not veterans or members of the Armed Forces, or both; except that funds made available to carry out this section may not be used to support those individuals with disabilities who are not veterans or members of the Armed Forces.

(3)Activities described in this paragraph are—

(A)instruction, participation, and competition in Paralympic sports;

(B)training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; and

(C)coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program.

(4)

(A)At the discretion of the Secretary, an eligible entity that receives a grant under this section may use a portion of the grant for the administrative expenses and personnel expenses of the eligible entity. The amount that may be used for such expenses may not exceed—

(i)in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2014, 10 percent of the total amount of the grant;

(ii)in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2015, 7.5 percent of the total amount of the grant; and

(iii)in the case of a grant made for adaptive sports opportunities taking place during any subsequent fiscal year, 5 percent of the total amount of the grant.

(B)For purposes of this paragraph, personnel expenses include any costs associated with an employee of the eligible entity other than reimbursement for time spent by such an employee directly providing coaching or training for disabled veterans or members of the Armed Forces.

(5)Funds made available by an eligible entity that receives a grant under this section to a grantee under subsection (c) may include an amount for administrative expenses, but not to exceed ten percent of the amount of such funds.

(e)As a condition of receiving a grant under this section, an eligible entity shall agree to conduct a joint outreach campaign with the Secretary of Veterans Affairs to inform all eligible veterans and separating members of the Armed Forces with physical disabilities about the existence of the adapted sports opportunities funded by the grant, as appropriate, and shall provide for, facilitate, and encourage participation of such veterans and separating members of the Armed Forces in programs under this section to the extent possible.

(f)The Secretary shall ensure access to and use of appropriate Department sports, recreation, and fitness facilities by disabled veterans and disabled members of the Armed Forces participating in adapted sports opportunities funded under this section to the maximum extent possible. The Secretary shall ensure that such access does not adversely affect any other assistance provided to veterans.

(g)

(1)There is authorized to be appropriated amounts as follows:

(A)$8,000,000 for each of fiscal years 2010 through 2020.

(B)$16,000,000 for each of fiscal years 2021 through 2026.

(C)$3,156,165 for the period beginning on October 1, 2026, and ending on December 11, 2026.

(2)Amounts appropriated pursuant to this subsection shall remain available without fiscal year limitation.

(h)The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section. Funds appropriated to carry out this section shall not be commingled with any other funds appropriated to the Department.

(i)Except as provided in paragraphs (4) and (5) of subsection (d), funds appropriated to carry out this section may not be used to support or provide services to individuals who are not disabled veterans or disabled members of the Armed Forces.

(j)

(1)As a condition of receiving a grant under this section, an eligible entity shall agree that by not later than 60 days after the last day of a fiscal year for which a grant is provided under this section, the eligible entity shall submit to the Secretary a report setting forth in detail the use of the grant funds during that fiscal year, including the number of veterans who participated in the adapted sports opportunities funded by the grant, including any programs carried out through a partnership under subsection (c)(3), and the administrative expenses of such opportunities and programs.

(2)A report under this subsection may be audited by the Secretary.

(3)If an eligible entity that receives a grant under this section for any fiscal year does not submit the report required by paragraph (1) for such fiscal year, the entity shall not be eligible to receive a grant under this section for the subsequent fiscal year.

(k)For any fiscal year during which the Secretary provides assistance under this section, the Secretary shall submit to Congress a report on the use of funds provided under this section.

(l)The Secretary may only provide assistance under this section for adaptive sports opportunities occurring during the period beginning on October 1, 2009, and ending on December 11, 2026.

522Studies of rehabilitation of disabled persons#

(a)The Secretary may conduct studies and investigations, and prepare reports, relative to the rehabilitation of disabled persons, the relative abilities, aptitudes, and capacities of the several groups of the variously handicapped, and how their potentialities can best be developed and their services best used in gainful and suitable employment including the rehabilitation programs of foreign nations.

(b)In carrying out this section, the Secretary (1) may cooperate with such public and private agencies as the Secretary considers advisable; and (2) may employ consultants who shall receive a reasonable per diem, as prescribed by the Secretary, for each day actually employed, plus necessary travel and other expenses.

523Coordination and promotion of other programs affecting veterans and their dependents#

(a)The Secretary shall seek to achieve (1) the maximum feasible effectiveness, coordination, and interrelationship of services among all programs and activities affecting veterans and their dependents carried out by and under all other departments, agencies, and instrumentalities of the executive branch, and (2) the maximum feasible coordination of such programs with programs carried out under this title. The Secretary shall actively promote the effective implementation, enforcement, and application of all provisions of law and regulations providing for special consideration, emphasis, or preference for veterans.

(b)The Secretary shall seek to achieve the effective coordination of the provision, under laws administered by the Department, of benefits and services (and information about such benefits and services) with appropriate programs (and information about such programs) conducted by State and local governmental agencies and by private entities at the State and local level. In carrying out this subsection, the Secretary shall place special emphasis on veterans who are 65 years of age or older.

(c)The Secretary shall maintain a publicly available website of the Department through which a veteran or dependent of a veteran may search by ZIP code for programs for—

(1)veterans who recently separated from active military, naval, air, or space service; or

(2)dependents of veterans described in paragraph (1).

525Publication of laws relating to veterans#

(a)The Secretary may compile and publish all Federal laws relating to veterans’ relief, including laws administered by the Department as well as by other agencies of the Government. Such compilation and publication shall be in such form as the Secretary considers advisable for the purpose of making currently available in convenient form for the use of the Department and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans’ relief.

(b)The Secretary may maintain such compilation on a current basis either by the publication, from time to time, of supplementary documents or by complete revision of the compilation.

(c)The distribution of the compilation to the representatives of the several service organizations shall be as determined by the Secretary.

527Evaluation and data collection#

(a)The Secretary, pursuant to general standards which the Secretary shall prescribe in regulations, shall measure and evaluate on a continuing basis the effect of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their effect on related programs, and their structure and mechanisms for delivery of services. Such information as the Secretary may consider necessary for purposes of such evaluations shall be made available to the Secretary, upon request, by all departments, agencies, and instrumentalities of the executive branch.

(b)In carrying out this section, the Secretary shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title.

(c)The Secretary shall make available to the public, and on a regular basis provide to the appropriate committees of the Congress, copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section.

529Annual report to Congress#

The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall—

(1)give an account of all moneys received and disbursed by the Department for such fiscal year;

(2)describe the work done during such fiscal year; and

(3)state the activities of the Department for such fiscal year.

530Annual report on program and expenditures for domestic response to weapons of mass destruction#

(a)The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report, to be submitted each year at the time that the President submits the budget for the next fiscal year under section 1105 of title 31, on the activities of the Department relating to preparation for, and participation in, a domestic medical response to an attack involving weapons of mass destruction.

(b)Each report under subsection (a) shall include the following:

(1)A statement of the amounts of funds and the level of personnel resources (stated in terms of full-time equivalent employees) expected to be used by the Department during the next fiscal year in preparation for a domestic medical response to an attack involving weapons of mass destruction, including the anticipated source of those funds and any anticipated shortfalls in funds or personnel resources to achieve the tasks assigned the Department by the President in connection with preparation for such a response.

(2)A detailed statement of the funds expended and personnel resources (stated in terms of full-time equivalent employees) used during the fiscal year preceding the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of those funds and a description of how those funds were expended.

(3)A detailed statement of the funds expended and expected to be expended, and the personnel resources (stated in terms of full-time equivalent employees) used and expected to be used, during the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of funds expended and a description of how those funds were expended.

(c)This section shall expire on January 1, 2009.

531Requirements relating to naming of Department property#

(a)Except as expressly provided by law or as authorized under subsection (b), a facility, structure, or real property of the Department, and a major portion (such as a wing or floor) of any such facility, structure, or real property, may be named only for the geographic area in which the facility, structure, or real property is located.

(b)

(1)The Secretary may transfer the name of covered property of the Department to other covered property of the Department if—

(A)the original covered property was designated with that name by law;

(B)the Department no longer offers benefits or services at the original covered property;

(C)the other covered property is similar in type and purpose as the original covered property;

(D)the other covered property is located in a different location or at a different address from the original covered property within the town, city, or other local government area specified in the designation made by such law; and

(E)such transfer occurs not less than 30 days after the Secretary notifies the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and each member of Congress representing the State in which the original covered property and other covered property are located of the intent of the Secretary to transfer the name of the original covered property to the other covered property.

(2)If the Secretary transfers the name of covered property under paragraph (1), any reference in a law, regulation, map, document, paper, or other record of the United States to the covered property originally named by law shall be deemed to be a reference to the covered property to which the name has been transferred under such paragraph.

(3)In this subsection, the term “covered property” means a facility, structure, or real property of the Department or a major portion (such as a wing or floor) of any such facility, structure, or real property.

532Authority to advertise in national media; VetStar Award Program#

(a)The Secretary may purchase advertising in national media outlets for the purpose of promoting awareness of benefits under laws administered by the Secretary, including promoting awareness of assistance provided by the Secretary, including assistance for programs to assist homeless veterans, to promote veteran-owned small businesses, and to provide opportunities for employment in the Department of Veterans Affairs and for education, training, compensation, pension, vocational rehabilitation, and healthcare benefits, and mental healthcare (including the prevention of suicide among veterans).

(b)

(1)The Secretary shall establish an award program, to be known as the “VetStar Award Program”, to recognize annually businesses for their contributions to veterans’ employment.

(2)The Secretary shall establish a process for the administration of the award program, including criteria for—

(A)categories and sectors of businesses eligible for recognition each year; and

(B)objective measures to be used in selecting businesses to receive the award.

533Anti-harassment and anti-sexual assault policy#

(a)

(1)The Secretary, acting through the Office of Assault and Prevention of the Veterans Health Administration, shall establish a comprehensive policy to end harassment and sexual assault, including sexual harassment and gender-based harassment, throughout the Department.

(2)The policy required by paragraph (1) shall include the following:

(A)A process for employees and contractors of the Department to respond to reported incidents of harassment and sexual assault committed by any non-Department individual within a facility of the Department, including with respect to accountability or disciplinary measures.

(B)A process for employees and contractors of the Department to respond to reported incidents of harassment and sexual assault of any non-Department individual within a facility of the Department.

(C)A process for any non-Department individual to report harassment and sexual assault described in subparagraph (A), including an option for confidential reporting, and for the Secretary to respond to and address such reports.

(D)Clear mechanisms for non-Department individuals to readily identify to whom and how to report incidents of harassment and sexual assault committed by another non-Department individual.

(E)Clear mechanisms for employees and contractors of the Department to readily identify to whom and how to report incidents of harassment and sexual assault and how to refer non-Department individuals with respect to reporting an incident of harassment or sexual assault.

(F)A process for, and mandatory reporting requirement applicable to, any employee or contractor of the Department who witnesses harassment or sexual assault described in subparagraph (A) or (B) within a facility of the Department, regardless of whether the individual affected by such harassment or sexual assault wants to report such harassment or sexual assault.

(G)The actions possible, including disciplinary actions, for employees or contractors of the Department who fail to report incidents of harassment and sexual assault described in subparagraph (A) or (B) that the employees or contractors witness.

(H)On an annual or more frequent basis, mandatory training for employees and contractors of the Department regarding how to report and address harassment and sexual assault described in subparagraphs (A) and (B), including bystander intervention training.

(I)On an annual or more frequent basis, the distribution of the policy under this subsection and anti-harassment and anti-sexual assault educational materials by mail or email to each individual receiving a benefit under a law administered by the Secretary.

(J)The prominent display of anti-harassment and anti-sexual assault messages in each facility of the Department, including how non-Department individuals may report harassment and sexual assault described in subparagraphs (A) and (B) at such facility and the points of contact under subsection (b).

(K)The posting on internet websites of the Department, including the main internet website regarding benefits of the Department and the main internet website regarding health care of the Department, of anti-harassment and anti-sexual assault banners specifically addressing harassment and sexual assault described in subparagraphs (A) and (B).

(b)The Secretary shall designate, as a point of contact to receive reports of harassment and sexual assault described in subparagraphs (A) and (B) of subsection (a)(2)—

(1)at least one individual, in addition to law enforcement, at each facility of the Department (including Vet Centers under section 1712A of this title), with regard to that facility;

(2)at least one individual employed in each Veterans Integrated Service Network, with regard to facilities in that Veterans Integrated Service Network;

(3)at least one individual employed in each regional benefits office;

(4)at least one individual employed at each location of the National Cemetery Administration; and

(5)at least one individual employed at the Central Office of the Department to track reports of such harassment and sexual assault across the Department, disaggregated by facility.

(c)

(1)The Secretary shall establish a policy to ensure that each facility of the Department and each director of a Veterans Integrated Service Network is responsible for addressing harassment and sexual assault at the facility and the Network.

(2)The policy required by paragraph (1) shall include—

(A)a remediation plan for facilities that experience five or more incidents of sexual harassment, sexual assault, or combination thereof, during any single fiscal year; and

(B)taking appropriate actions under chapter 7 or subchapter V of chapter 74 of this title.

(d)The Secretary shall ensure that the in-take process for veterans at medical facilities of the Department includes a survey to collect the following information:

(1)Whether the veteran feels safe at the facility and whether any events occurred at the facility that affect such feeling.

(2)Whether the veteran wants to be contacted later by the Department with respect to such safety issues.

(e)

(1)The Secretary shall establish a working group to assist the Secretary in implementing policies to carry out this section.

(2)The working group established under paragraph (1) shall consist of representatives from—

(A)veterans service organizations;

(B)State, local, and Tribal veterans agencies; and

(C)other persons the Secretary determines appropriate.

(3)The working group established under paragraph (1) shall develop, and the Secretary shall carry out—

(A)an action plan for addressing changes at the local level to reduce instances of harassment and sexual assault;

(B)standardized media for veterans service organizations and other persons to use in print and on the internet with respect to reducing harassment and sexual assault; and

(C)bystander intervention training for veterans.

(4)The working group established under paragraph (1) shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).1

(f)

(1)The Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an annual report on harassment and sexual assault described in subparagraphs (A) and (B) of subsection (a)(2) in facilities of the Department.

(2)Each report submitted under paragraph (1) shall include the following:

(A)Results of harassment and sexual assault programming, including the End Harassment program.

(B)Results of studies from the Women’s Health Practice-Based Research Network of the Department relating to harassment and sexual assault.

(C)Data collected on incidents of sexual harassment and sexual assault.

(D)A description of any actions taken by the Secretary during the year preceding the date of the report to stop harassment and sexual assault at facilities of the Department.

(E)An assessment of the implementation of the training required in subsection (a)(2)(H).

(F)A list of resources the Secretary determines necessary to prevent harassment and sexual assault at facilities of the Department.

(g)In this section:

(1)The term “non-Department individual” means any individual present at a facility of the Department who is not an employee or contractor of the Department.

(2)The term “sexual harassment” means unsolicited verbal or physical contact of a sexual nature which is threatening in character.

III · Advisory committees

541Advisory Committee on Former Prisoners of War#

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)The Secretary shall establish an advisory committee to be known as the Advisory Committee on Former Prisoners of War (hereinafter in this section referred to as the “Committee”).

(2)

(A)The members of the Committee shall be appointed by the Secretary from the general public and shall include—

(i)appropriate representatives of veterans who are former prisoners of war;

(ii)individuals who are recognized authorities in fields pertinent to disabilities prevalent among former prisoners of war, including authorities in epidemiology, mental health, nutrition, geriatrics, and internal medicine; and

(iii)appropriate representatives of disabled veterans.

(B)The Committee shall also include, as ex officio members, the Under Secretary for Health and the Under Secretary for Benefits, or their designees.

(3)The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years.

(b)The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits under this title for veterans who are former prisoners of war and the needs of such veterans with respect to compensation, health care, and rehabilitation.

(c)

(1)Not later than July 1 of each odd-numbered year through 2009, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are former prisoners of war. Each such report shall include—

(A)an assessment of the needs of such veterans with respect to compensation, health care, and rehabilitation;

(B)a review of the programs and activities of the Department designed to meet such needs; and

(C)such recommendations (including recommendations for administrative and legislative action) as the Committee considers to be appropriate.

(2)The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate.

(3)The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(4)The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted to the Congress pursuant to that section.

542Advisory Committee on Women Veterans#

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)The Secretary shall establish an advisory committee to be known as the Advisory Committee on Women Veterans (hereinafter in this section referred to as “the Committee”).

(2)

(A)The Committee shall consist of members appointed by the Secretary from the general public, including—

(i)representatives of women veterans;

(ii)individuals who are recognized authorities in fields pertinent to the needs of women veterans, including the gender-specific health-care needs of women;

(iii)representatives of both female and male veterans with service-connected disabilities, including at least one female veteran with a service-connected disability and at least one male veteran with a service-connected disability; and

(iv)women veterans who are recently separated from service in the Armed Forces.

(B)The Committee shall include, as ex officio members—

(i)the Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans’ Employment);

(ii)the Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense after consultation with the Defense Advisory Committee on Women in the Services); and

(iii)the Under Secretary for Health and the Under Secretary for Benefits, or their designees.

(C)The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee.

(3)The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service.

(b)The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits by the Department for women veterans, reports and studies pertaining to women veterans and the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department, including the Center for Women Veterans.

(c)

(1)Not later than July 1 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to women veterans. Each such report shall include—

(A)an assessment of the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department;

(B)a review of the programs and activities of the Department designed to meet such needs;

(C)an assessment of the effects of intimate partner violence on women veterans; and

(D)such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.

(3)The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

543Advisory Committee on Prosthetics and Special-Disabilities Programs#

(a)There is in the Department an advisory committee known as the Advisory Committee on Prosthetics and Special-Disabilities Programs (hereinafter in this section referred to as the “Committee”).

(b)The objectives and scope of activities of the Committee shall relate to—

(1)prosthetics and special-disabilities programs administered by the Secretary;

(2)the coordination of programs of the Department for the development and testing of, and for information exchange regarding, prosthetic devices;

(3)the coordination of Department and non-Department programs that involve the development and testing of prosthetic devices; and

(4)the adequacy of funding for the prosthetics and special-disabilities programs of the Department.

(c)The Secretary shall, on a regular basis, consult with and seek the advice of the Committee on the matters described in subsection (b).

(d)Not later than January 15 of 1993, 1994, and 1995, the Committee shall submit to the Secretary and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the effectiveness of the prosthetics and special-disabilities programs administered by the Secretary during the preceding fiscal year. Not more than 60 days after the date on which any such report is received by the Secretary, the Secretary shall submit a report to such committees commenting on the report of the Committee.

(e)As used in this section, the term “special-disabilities programs” includes all programs administered by the Secretary for—

(1)spinal-cord-injured veterans;

(2)blind veterans;

(3)veterans who have lost or lost the use of extremities;

(4)hearing-impaired veterans; and

(5)other veterans with serious incapacities in terms of daily life functions.

544Advisory Committee on Minority Veterans#

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Veterans (hereinafter in this section referred to as “the Committee”).

(2)

(A)The Committee shall consist of members appointed by the Secretary from the general public, including—

(i)representatives of veterans who are minority group members;

(ii)individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members;

(iii)veterans who are minority group members and who have experience in a military theater of operations;

(iv)veterans who are minority group members and who do not have such experience; and

(v)women veterans who are minority group members and are recently separated from service in the Armed Forces.

(B)The Committee shall include, as ex officio members, the following:

(i)The Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans’ Employment).

(ii)The Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense).

(iii)The Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary of the Interior).

(iv)The Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of Commerce).

(v)The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services).

(vi)The Under Secretary for Health and the Under Secretary for Benefits, or their designees.

(C)The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee.

(4)The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each fiscal year.

(b)The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits by the Department for veterans who are minority group members, reports and studies pertaining to such veterans and the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department, including the Center for Minority Veterans.

(c)

(1)Not later than July 1 of every other year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are minority group members. Each such report shall include—

(A)an assessment of the needs of veterans who are minority group members with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department;

(B)a review of the programs and activities of the Department designed to meet such needs; and

(C)such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.

(2)The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate.

(3)The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(d)In this section, the term “minority group member” means an individual who is—

(1)Asian American;

(2)Black;

(3)Hispanic;

(4)Native American (including American Indian, Alaskan Native, and Native Hawaiian); or

(5)Pacific-Islander American.

(e)The Committee shall cease to exist December 11, 2026.

545Advisory Committee on the Readjustment of Veterans#

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)There is in the Department the Advisory Committee on the Readjustment of Veterans (hereinafter in this section referred to as the “Committee”).

(2)The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who—

(A)have demonstrated significant civic or professional achievement; and

(B)have experience with the provision of veterans benefits and services by the Department.

(3)The Secretary shall seek to ensure that members appointed to the Committee include individuals from a wide variety of geographic areas and ethnic backgrounds, individuals from veterans service organizations, individuals with combat experience, and women.

(4)The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service.

(b)

(1)The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision by the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life.

(2)

(A)In providing advice to the Secretary under this subsection, the Committee shall—

(i)assemble and review information relating to the needs of veterans in readjusting to civilian life;

(ii)provide information relating to the nature and character of psychological problems arising from service in the Armed Forces;

(iii)provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life; and

(iv)provide on-going advice on the most appropriate means of responding to the readjustment needs of veterans in the future.

(B)In carrying out its duties under subparagraph (A), the Committee shall take into special account the needs of veterans who have served in a theater of combat operations.

(c)

(1)Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the readjustment of veterans to civilian life. Each such report shall include—

(A)an assessment of the needs of veterans with respect to readjustment to civilian life;

(B)a review of the programs and activities of the Department designed to meet such needs; and

(C)such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.

(2)Not later than 90 days after the receipt of a report under paragraph (1), the Secretary shall transmit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate.

(3)The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(d)

(1)Except as provided in paragraph (2), the provisions of chapter 10 of title 5 shall apply to the activities of the Committee under this section.

(2)Section 1013 of title 5 shall not apply to the Committee.

546Advisory Committee on Disability Compensation#

(a)

(1)There is in the Department the Advisory Committee on Disability Compensation (in this section referred to as the “Committee”).

(2)The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who—

(A)have experience with the provision of disability compensation by the Department; or

(B)are leading medical or scientific experts in relevant fields.

(3)

(A)Except as provided in subparagraph (B), the Secretary shall determine the terms of service and pay and allowances of the members of the Committee.

(B)A term of service may not exceed four years and shall be staggered to ensure that the dates for the termination of the members’ terms are not all the same.

(C)The Secretary may reappoint any member for one or more additional terms of service.

(4)The Secretary shall select a Chair from among the members of the Committee.

(b)

(1)The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the maintenance and periodic readjustment of the schedule for rating disabilities under section 1155 of this title.

(2)

(A)In providing advice to the Secretary under this subsection, the Committee shall—

(i)assemble and review relevant information relating to the needs of veterans with disabilities;

(ii)provide information relating to the nature and character of disabilities arising from service in the Armed Forces;

(iii)provide an on-going assessment of the effectiveness of the schedule for rating disabilities; and

(iv)provide on-going advice on the most appropriate means of responding to the needs of veterans relating to disability compensation in the future.

(B)In carrying out its duties under subparagraph (A), the Committee shall take into special account the needs of veterans who have served in a theater of combat operations.

(c)The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities.

(d)

(1)Not later than October 31, 2010, and not less frequently than every two years thereafter, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the payment of disability compensation. Each such report shall include—

(A)an assessment of the needs of veterans with respect to disability compensation; and

(B)such recommendations (including recommendations for administrative or legislative action) as the Committee considers appropriate.

(2)The Committee may submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

(e)

(1)Not later than 90 days after the receipt of a report required under subsection (d)(1), the Secretary shall transmit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a copy of such report, together with such comments and recommendations concerning such report as the Secretary considers appropriate.

(2)The Secretary shall submit with each report required under paragraph (1) a summary of all reports and recommendations of the Committee submitted to the Secretary under subsection (d)(2) since the previous report transmitted by the Secretary under paragraph (1) of this subsection.

(f)

(1)Except as provided in paragraph (2), the provisions of chapter 10 of title 5 shall apply to the activities of the Committee under this section.

(2)Section 1013 of title 5 shall not apply to the Committee.

547Advisory Committee on Tribal and Indian Affairs#

(a)

(1)The Secretary shall establish an advisory committee to provide advice and guidance to the Secretary on matters relating to Indian tribes, tribal organizations, and Native American veterans.

(2)The advisory committee established under paragraph (1) shall be known as the “Advisory Committee on Tribal and Indian Affairs” (in this section referred to as the “Committee”).

(3)The Committee shall facilitate, but not supplant, government-to-government consultation between the Department and Indian tribes or tribal organizations.

(4)The Secretary shall consult with Indian tribes or tribal organizations in developing a charter for the Committee.

(b)

(1)The Committee shall be comprised of 15 voting members selected by the Secretary from among individuals nominated as specified under this subsection.

(2)In selecting members under paragraph (1), the Secretary shall ensure that—

(A)at least one member of each of the 12 service areas of the Indian Health Service is represented in the membership of the Committee nominated by Indian tribes or tribal organizations;

(B)at least one member of the Committee represents the Native Hawaiian veteran community nominated by a Native Hawaiian Organization;

(C)at least one member of the Committee represents urban Indian organizations nominated by a national urban Indian organization; and

(D)not fewer than half of the members are veterans, unless the Secretary determines that an insufficient number of qualified veterans were nominated under paragraph (1).

(3)No member of the Committee may be an employee of the Federal Government.

(c)

(1)A member of the Committee shall be appointed for a term of two years.

(2)The Secretary shall fill a vacancy in the Committee in the same manner as the original appointment within 180 days.

(d)

(1)

(A)Except as provided in subparagraph (B), the Committee shall meet in-person with the Secretary, or the Secretary’s designee, not less frequently than twice each year and hold monthly conference calls as necessary.

(B)During a public health emergency (as defined in section 20003 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136)), meetings under subparagraph (A) may be conducted virtually.

(2)

(A)Representatives of relevant Federal agencies may attend meetings of the Committee and provide information to the Committee.

(B)One representative of the Office of Tribal Government Relations of the Department shall attend at each meeting of the Committee.

(C)Representatives attending meetings under this paragraph shall not be considered voting members of the Committee.

(D)A representative attending a meeting or providing information under this paragraph may not receive additional compensation for services performed with respect to the Committee.

(e)

(1)The Committee may establish subcommittees.

(2)The Secretary may, in consultation with the Committee, appoint a member to a subcommittee established under paragraph (1) who is not a member of the Committee.

(3)Such subcommittees may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the Department.

(f)The duties of the Committee are as follows:

(1)To advise the Secretary on ways the Department can improve the programs and services of the Department to better serve Native American veterans.

(2)To identify for the Department evolving issues of relevance to Indian tribes, tribal organizations, and Native American veterans relating to programs and services of the Department.

(3)To propose clarifications, recommendations, and solutions to address issues raised at tribal, regional, and national levels, especially regarding any tribal consultation reports.

(4)To provide a forum for Indian tribes, tribal organizations, urban Indian organizations, Native Hawaiian organizations, and the Department to discuss issues and proposals for changes to Department regulations, policies, and procedures.

(5)To identify priorities and provide advice on appropriate strategies for tribal consultation and urban Indian organizations conferring on issues at the tribal, regional, or national levels.

(6)To ensure that pertinent issues are brought to the attention of Indian tribes, tribal organizations, urban Indian organizations, and Native Hawaiian organizations in a timely manner, so that feedback can be obtained.

(7)To encourage the Secretary to work with other Federal agencies and Congress so that Native American veterans are not denied the full benefit of their status as both Native Americans and veterans.

(8)To highlight contributions of Native American veterans in the Armed Forces.

(9)To make recommendations on the consultation policy of the Department on tribal matters.

(10)To support a process to develop an urban Indian organization confer policy to ensure the Secretary confers, to the maximum extent practicable, with urban Indian organizations.

(11)To conduct other duties as recommended by the Committee.

(g)

(1)Not less frequently than once each year, the Committee shall submit to the Secretary and the appropriate committees of Congress such recommendations as the Committee may have for legislative or administrative action for the upcoming year.

(2)Not later than 90 days after the date on which the Secretary receives a recommendation under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a written response to the recommendation.

(3)Not less frequently than once every two years, the Committee shall submit to the Secretary and the appropriate committees of Congress a report describing the activities of the Committee during the previous two years.

(4)The Secretary shall make publicly available on an Internet website of the Department—

(A)each recommendation the Secretary receives under paragraph (1);

(B)each response the Secretary submits under paragraph (2); and

(C)each report the Secretary receives under paragraph (3).

(h)A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee.

(i)Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Committee.

(j)In this section:

(1)The term “appropriate committees of Congress” means—

(A)the Committee on Veterans’ Affairs and the Committee on Indian Affairs of the Senate; and

(B)the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives.

(2)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).

(3)The term “Native Hawaiian organization” means any organization that—

(A)serves the interests of Native Hawaiians;

(B)has Native Hawaiians in substantive and policymaking positions within the organization;

(C)has demonstrated experience working with Native Hawaiian veterans; and

(D)shall include the Office of Hawaiian Affairs.

(4)The term “Native American veteran” has the meaning given such term in section 3765 of this title.

(5)The term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the constitution of the State of Hawaii.

(6)The term “tribal organization” has the meaning given such term in section 3765 of this title.

(7)The term “urban Indian organization” has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).

548Advisory Committee on United States Outlying Areas and Freely Associated States#

(a)The Secretary shall establish an advisory committee, to be known as the “Advisory Committee on United States Outlying Areas and Freely Associated States”, to provide advice and guidance to the Secretary on matters relating to covered veterans.

(b)The duties of the Committee shall be the following:

(1)To advise the Secretary on matters relating to covered veterans, including how the Secretary may improve the programs and services of the Department to better serve such veterans.

(2)To identify for the Secretary evolving issues of relevance to covered veterans.

(3)To propose clarifications, recommendations, and solutions to address issues raised by covered veterans.

(4)To provide a forum for covered veterans, veterans service organizations serving covered veterans, and the Department to discuss issues and proposals for changes to regulations, policies, and procedures of the Department.

(5)To identify priorities for and provide advice to the Secretary on appropriate strategies for consultation with veterans service organizations serving covered veterans.

(6)To encourage the Secretary to work with the heads of other Federal departments and agencies, and Congress, to ensure covered veterans are provided the full benefits of their status as covered veterans.

(7)To highlight contributions of covered veterans in the Armed Forces.

(8)To conduct other duties as determined appropriate by the Secretary.

(c)

(1)The Committee shall be comprised of 15 voting members appointed by the Secretary.

(2)In appointing members pursuant to paragraph (1), the Secretary shall ensure the following:

(A)At least one member is appointed to represent covered veterans in each of the following areas:

(i)American Samoa.

(ii)Guam.

(iii)Puerto Rico.

(iv)The Commonwealth of the Northern Mariana Islands.

(v)The Virgin Islands of the United States.

(vi)The Federated States of Micronesia.

(vii)The Republic of the Marshall Islands.

(viii)The Republic of Palau.

(B)Not fewer than half of the members appointed are covered veterans, unless the Secretary determines that an insufficient number of qualified covered veterans are available.

(C)Each member appointed resides in an area specified in subparagraph (A).

(3)In appointing members pursuant to paragraph (1), the Secretary may consult with any Member of Congress who represents an area specified in paragraph (2)(A).

(4)In addition to the members appointed pursuant to paragraph (1), the Committee shall be comprised of such ex officio members as the Secretary of State and the Secretary of the Interior shall appoint from among employees of the Department of State and the Department of the Interior, respectively.

(d)

(1)A member of the Committee—

(A)shall be appointed for a term of two years; and

(B)may be reappointed to serve an additional two-year term.

(2)Not later than 180 days after the Secretary (or in the case of an ex officio member, the Secretary of State or the Secretary of the Interior, as the case may be) receives notice of a vacancy in the Committee, the vacancy shall be filled in the same manner as the original appointment.

(e)

(1)Except as provided in paragraph (2), the Committee shall meet in-person with the Secretary not less frequently than once each year and hold monthly conference calls as necessary.

(2)Meetings held under paragraph (1) may be conducted virtually if determined necessary based on—

(A)Department protocols; and

(B)timing and budget considerations.

(f)

(1)Representatives of relevant Federal departments and agencies may attend meetings of the Committee and provide information to the Committee.

(2)One representative of the Department shall attend each meeting of the Committee.

(3)Representatives attending meetings under this subsection—

(A)may not be considered voting members of the Committee; and

(B)may not receive additional compensation for services performed with respect to the Committee.

(g)

(1)The Committee may establish subcommittees.

(2)The Secretary may, in consultation with the Committee, appoint a member to a subcommittee established under paragraph (1) who is not a member of the Committee.

(3)A subcommittee established under paragraph (1) may enhance the function of the Committee, but may not supersede the authority of the Committee or provide direct advice or work products to the Secretary.

(h)

(1)Not less frequently than once every two years, the Committee shall submit to the Secretary and the appropriate congressional committees a report—

(A)containing such recommendations as the Committee may have for legislative or administrative action; and

(B)describing the activities of the Committee during the previous two years.

(2)Not later than 120 days after the date on which the Secretary receives a report under paragraph (1), the Secretary shall submit to the appropriate congressional committees a written response to the report after—

(A)giving the Committee an opportunity to review such written response; and

(B)including in such written response any comments the Committee considers appropriate.

(3)The Secretary shall make publicly available on an internet website of the Department—

(A)each report the Secretary receives under paragraph (1); and

(B)each written response the Secretary submits under paragraph (2).

(i)A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5 while away from the home or regular place of business of the member in the performance of the duties of the Committee.

(j)In carrying out this section, the Secretary shall consult with veterans service organizations serving covered veterans.

(k)The Committee shall terminate on the date that is 10 years after the date of the enactment of this section.

(l)In this section:

(1)The term “appropriate congressional committees” means—

(A)the Committee on Veterans’ Affairs of the House of Representatives; and

(B)the Committee on Veterans’ Affairs of the Senate.

(2)The term “Committee” means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a).

(3)The term “covered veteran” means a veteran residing in an area specified in subsection (c)(2)(A).

(4)The term “veterans service organization serving covered veterans” means any organization that—

(A)serves the interests of covered veterans;

(B)has covered veterans in substantive and policymaking positions within the organization; and

(C)has demonstrated experience working with covered veterans.

Subchapter I · General authorities

501Rules and regulations#

(a)The Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws, including—

(1)regulations with respect to the nature and extent of proof and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws;

(2)the forms of application by claimants under such laws;

(3)the methods of making investigations and medical examinations; and

(4)the manner and form of adjudications and awards.

(b)Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the authority granted by this section or any other provision of this title shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is based. The citation to the authority shall appear immediately following each substantive provision of the issuance.

(c)In applying section 552(a)(1) of title 5 to the Department, the Secretary shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel.

(d)The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Secretary.

502Judicial review of rules and regulations#

An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.

503Administrative error; equitable relief#

(a)If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.

(b)If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.

(c)Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2026.

505Opinions of Attorney General#

The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department.

510Authority to reorganize offices#

(a)Except to the extent inconsistent with law, the Secretary may—

(1)consolidate, eliminate, abolish, or redistribute the functions of the Administrations, offices, facilities, or activities in the Department;

(2)create new Administrations, offices, facilities, or activities in the Department; and

(3)fix the functions of any such Administration, office, facility, or activity and the duties and powers of their respective executive heads.

(b)The Secretary may not in any fiscal year implement an administrative reorganization described in subsection (c) unless the Secretary first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the administrative reorganization. No action to carry out such reorganization may be taken after the submission of such report until the end of a 45-day period following the date of the submission of the report, not less than 30 days of which shall be days during which Congress shall have been in continuous session. For purposes of the preceding sentence, continuity of a session of Congress is broken only by adjournment sine die, and there shall be excluded from the computation of any period of continuity of session any day during which either House of Congress is not in session during an adjournment of more than three days to a day certain.

(c)An administrative reorganization described in this subsection is an administrative reorganization of a covered field office or facility that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such office or facility—

(1)by 15 percent or more; or

(2)by a percent which, when added to the percent reduction made in the number of such employees with permanent duty stations at such office or facility during the preceding fiscal year, is 25 percent or more.

(d)

(1)Not less than 30 days before the date on which the implementation of any administrative reorganization described in paragraph (2) of a unit in the Central Office is to begin, the Secretary shall transmit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a notification regarding the reorganization.

(2)Paragraph (1) applies to an administrative reorganization of any unit of the Central Office that is the duty station for 30 or more employees if the reorganization involves a reduction in any fiscal year in the number of full-time equivalent employees with permanent duty station in such unit by 50 percent or more.

(e)For purposes of this section, the term “administrative reorganization” does not include a consolidation or redistribution of functions at a covered field office or facility, or between components of the Veterans Benefits Administration and the Veterans Health Administration at a Department medical and regional office center, if after the consolidation or redistribution the same number of full-time equivalent employees continues to perform the affected functions at that field office, facility, or center.

(f)For purposes of this section:

(1)The term “covered field office or facility” means a Department office or facility outside the Central Office that is the permanent duty station for 25 or more employees or that is a free-standing outpatient clinic.

(2)The term “detailed plan and justification” means, with respect to an administrative reorganization, a written report that, at a minimum, includes the following:

(A)Specification of the number of employees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished.

(B)Identification of any existing or planned office or facility at which the number of employees is to be increased and specification of the number and responsibilities of the additional employees at each such office or facility.

(C)A description of the changes in the functions carried out at any existing office or facility and the functions to be assigned to an office or facility not in existence on the date that the plan and justification are submitted pursuant to subsection (b).

(D)An explanation of the reasons for the determination that the reorganization is appropriate and advisable in terms of the statutory missions and long-term goals of the Department.

(E)A description of the effects that the reorganization may have on the provision of benefits and services to veterans and dependents of veterans (including the provision of benefits and services through offices and facilities of the Department not directly affected by the reorganization).

(F)Estimates of the costs of the reorganization and of the cost impact of the reorganization, together with analyses supporting those estimates.

511Decisions of the Secretary; finality#

(a)The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.

(b)The second sentence of subsection (a) does not apply to—

(1)matters subject to section 502 of this title;

(2)matters covered by sections 1975 and 1984 of this title;

(3)matters arising under chapter 37 of this title; and

(4)matters covered by chapter 72 of this title.

512Delegation of authority; assignment of functions and duties#

(a)Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers and employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary.

(b)There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe.

513Contracts and personal services#

The Secretary may, for purposes of all laws administered by the Department, accept uncompensated services, and enter into contracts or agreements with private or public agencies or persons (including contracts for services of translators without regard to any other law), for such necessary services (including personal services) as the Secretary may consider practicable. The Secretary may also enter into contracts or agreements with private concerns or public agencies for the hiring of passenger motor vehicles or aircraft for official travel whenever, in the Secretary’s judgment, such arrangements are in the interest of efficiency or economy.

515Administrative settlement of tort claims#

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States.

(2)For purposes of this subsection, the term “settle”, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.

(b)The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues.

516Equal employment responsibilities#

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(1)The Secretary shall provide that the employment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to ensure that the system is administered in an objective, fair, and effective manner and in a manner that is perceived by employees and other interested parties as being objective, fair, and effective.

(2)The Secretary shall ensure that the employment discrimination complaint resolution system established under paragraph (1) requires that any manager of the Department who receives a sexual or other harassment or employment discrimination complaint reports such complaint to the Office of Resolution Management, or successor office, immediately, or if such immediate reporting is impracticable, not later than two days after the date on which the manager receives the complaint.

(b)The Secretary shall provide—

(1)that employees responsible for counseling functions associated with employment discrimination and for receiving, investigating, and processing complaints of employment discrimination shall be supervised in those functions by, and report to, an Assistant Secretary or a Deputy Assistant Secretary, in accordance with subsection (h)(2), for complaint resolution management; and

(2)that employees performing employment discrimination complaint resolution functions at a facility of the Department shall not be subject to the authority, direction, and control of the Director of the facility with respect to those functions.

(c)

(1)The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of this section and section 319 of this title.

(2)

(A)Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall provide to each employee of the Department mandatory annual training on identifying and addressing sexual and other harassment and employment discrimination, including with respect to processes under the Harassment Prevention Program of the Department, or such successor program.

(B)An employee of the Department who is hired on or after such date shall receive the first such mandatory annual training not later than 60 days after being hired.

(d)The Secretary shall, when appropriate, impose disciplinary measures, as authorized by law, in the case of employees of the Department who engage in unlawful employment discrimination, including retaliation against an employee asserting rights under an equal employment opportunity law.

(e)

(1)

(A)Not later than 45 days after the end of each calendar quarter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report summarizing the employment discrimination complaints filed against the individuals referred to in paragraph (2) during such quarter.

(B)Subparagraph (A) shall apply in the case of complaints filed against individuals on the basis of such individuals’ personal conduct and shall not apply in the case of complaints filed solely on the basis of such individuals’ positions as officials of the Department.

(2)Paragraph (1) applies to the following officers and employees of the Department:

(A)The Secretary.

(B)The Deputy Secretary of Veterans Affairs.

(C)The Under Secretary for Health and the Under Secretary for Benefits.

(D)Each Assistant Secretary of Veterans Affairs and each Deputy Assistant Secretary of Veterans Affairs.

(E)The Under Secretary of Veterans Affairs for Memorial Affairs.

(F)The General Counsel of the Department.

(G)The Chairman of the Board of Veterans’ Appeals.

(H)The Chairman of the Board of Contract Appeals of the Department.

(I)The director and the chief of staff of each medical center of the Department.

(J)The director of each Veterans Integrated Services Network.

(K)The director of each regional office of the Department.

(L)Each program director of the Central Office of the Department.

(3)Each report under this subsection—

(A)may not disclose information which identifies the individuals filing, or the individuals who are the subject of, the complaints concerned or the facilities at which the discrimination identified in such complaints is alleged to have occurred;

(B)shall summarize such complaints by type and by equal employment opportunity field office area in which filed; and

(C)shall include copies of such complaints, with the information described in subparagraph (A) redacted.

(4)Not later than April 1 each year, the Assistant Secretary shall submit to the committees referred to in paragraph (1)(A) a report on the complaints covered by paragraph (1) during the preceding year, including the number of such complaints filed during that year and the status and resolution of the investigation of such complaints.

(f)The Secretary shall ensure that an employee of the Department who seeks counseling relating to employment discrimination may elect to receive such counseling from an employee of the Department who carries out equal employment opportunity counseling functions on a full-time basis rather than from an employee of the Department who carries out such functions on a part-time basis.

(g)

(1)

(A)Except as provided in paragraph (4), beginning on the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 and ending on the date that is three years after the date of the enactment of such Act, the number of employees of the Department whose duties include equal employment opportunity counseling functions may not exceed 76 full-time equivalent employees.

(B)Except as provided in paragraph (4), beginning on the date that is three years after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the number of employees of the Department whose duties include equal employment opportunity counseling functions may not exceed 81 full-time equivalent employees.

(2)Except as provided in paragraph (4), of the 76 full-time equivalent employees set forth in paragraph (1), the number of employees of the Department whose duties include equal employment opportunity counseling functions as well as other unrelated functions may not exceed 40 full-time equivalent employees.

(3)Except as provided in paragraph (4), any employee described in paragraph (2) whose duties include equal employment opportunity counseling functions as well as other unrelated functions may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic locations.

(4)

(A)Beginning on the date that is one year after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall promptly notify Congress if, at any point in time, the number of full-time equivalent employees of the Department specified in paragraph (1), whose duties include equal opportunity counseling functions, is insufficient for the Department to meet its required obligations under law.

(B)Notification under subparagraph (A) shall include—

(i)the specific legal obligations relating to employment discrimination, or other matters similar to those covered by regulations prescribed by the Equal Employment Opportunity Commission, that the Department is unable to meet; and

(ii)the total additional number of full-time equivalent employees of the Department that would be needed for the Department to meet such obligations.

(h)

(1)The provisions of this section shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission.

(2)Beginning not later than 90 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, in carrying out paragraph (1), the Secretary shall ensure that the official of the Department who serves as the Equal Employment Opportunity Director of the Department—

(A)reports directly to the Deputy Secretary with respect to the functions under this section; and

(B)does not also serve in a position that has responsibility over personnel functions of the Department or other functions that conflict with the functions under this section.

(i)In accordance with subsection (b), not later than one year after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each Equal Employment Opportunity program manager of the Department at the facility level reports to the head of the Office of Resolution Management, or such successor office established pursuant to subsection (a), with respect to the equal employment functions of the program manager.

517Quarterly reports to Congress on conferences sponsored by the Department#

(a)Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on covered conferences.

(b)Each report under subsection (a) shall include the following:

(1)An accounting of the final costs to the Department of each covered conference occurring during the fiscal quarter preceding the date on which the report is submitted, including the costs related to—

(A)transportation and parking;

(B)per diem payments;

(C)lodging;

(D)rental of halls, auditoriums, or other spaces;

(E)rental of equipment;

(F)refreshments;

(G)entertainment;

(H)contractors; and

(I)brochures or other printed media.

(2)The total estimated costs to the Department for covered conferences occurring during the fiscal quarter in which the report is submitted.

(c)In this section, the term “covered conference” means a conference, meeting, or other similar forum that is sponsored or co-sponsored by the Department and is—

(1)attended by 50 or more individuals, including one or more employees of the Department; or

(2)estimated to cost the Department at least $20,000.

United States Government work; public domain under 17 U.S.C. § 105.