Title 38 — Veterans’ Benefits
Part I · Chapter 5 — Authority and Duties of the Secretary
§ 527. Evaluation and data collection
Statutory text
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 102–83 § 2(a) · 105 Stat. 378
Enacted · 38 U.S.C. § 527
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)
Source evidence
Code source credit
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)Enacted provision · exact public law section
(a) In General.— Part I is amended by striking out chapter 3 and inserting in lieu thereof the following: “CHAPTER 3— DEPARTMENT OF VETERANS AFFAIRS “Sec. “301. Department. “302. Seal. “303. Secretary of Veterans Affairs. “304. Deputy Secretary of Veterans Affairs. “305. Chief Medical Director. “306. Chief Benefits Director. “307. Director of the National Cemetery System. “308. Assistant Secretaries; Deputy Assistant Secretaries. “309. Chief Financial Officer. “310. Chief Information Resources 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. “§ 301. Department “(a) The Department of Veterans Affairs is an executive department of the United States. “(b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans. “(c) The Department is composed of the following: “(1) The Office of the Secretary. “(2) The Veterans Health Administration. “(3) The Veterans Benefits Administration. “(4) The National Cemetery System. “(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). “§302. Seal “(a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal. “(b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof. “§ 303. Secretary of Veterans Affairs “There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department. “§ 304. Deputy Secretary of Veterans Affairs “There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. “§ 305. Chief Medical Director “(a) (1) There is in the Department a Chief Medical Director, who is appointed by the President, by and with the advice and consent of the Senate. “(2) The Chief Medical Director 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 Chief Medical Director is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration. “(c) The Chief Medical Director shall be appointed for a period of four years, with reappointment permissible for successive like peri-ods. If the President removes the Chief Medical Director before the completion of the term for which the Chief Medical Director was appointed, the President shall communicate the reasons for the removal to Congress. “(d) (1) Whenever a vacancy in the position of Chief Medical Director 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 Chief Medical Director (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 Chief Medical Director. 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. “§ 306. Chief Benefits Director “(a) There is in the Department a Chief Benefits Director, who is appointed by the President, by and with the advice and consent of the Senate. The Chief Benefits Director 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 Chief Benefits Director is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration. “(c) The Chief Benefits Director shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Chief Benefits Director before the completion of the term for which the Chief Benefits Director was appointed, the President shall communicate the reasons for the removal to Congress. “(d) (1) Whenever a vacancy in the position of Chief Benefits Director 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 Chief Benefits Director (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 Chief Benefits Director. 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. “§ 307. Director of the National Cemetery System “There is in the Department a Director of the National Cemetery System, who is appointed by the President, by and with the advice and consent of the Senate. The Director is the head of the National Cemetery System as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary. “§ 308. Assistant Secretaries; Deputy Assistant Secretaries “(a) There shall be in the Department not more than six 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. “(c) Whenever the President nominates an individual for appointment President. 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 18, 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. “§ 309. Chief Financial Officer “The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in section 902 of title 31. “§ 310. Chief Information Resources Officer “(a) The Secretary shall designate the Assistant Secretary whose functions include information management functions (as required by section 3506 of title 44) as the Chief Information Resources Officer of the Department. “(b) The Chief Information Resources Officer shall advise the Secretary on information and management activities of the Department as required by section 3506 of title 44. “(c) The Chief Information Resources Officer shall develop and maintain an information resources management system for the Department that provides for— “(1) the conduct of, and accountability for, any acquisitions made pursuant to a delegation of authority under section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759); “(2) the implementation of all applicable Government wide and Department information policies, principles, standards, and guidelines with respect to information collection, paperwork reduction, privacy and security of records, sharing and dissemination of information, acquisition and use of information technology, and other information resources management functions; “(3) the periodic evaluation of and (as needed) the planning and implementation of improvements in the accuracy, completeness, and reliability of data and records contained within Department information systems; and “(4) the development and annual revision of a five-year plan for meeting the Department’s information technology needs. “(d) The Chief Information Resources Officer shall report directly to the Secretary in carrying out the duties of the Chief Information Resources Officer under this section and under chapter 35 of title 44, “§ 311. General Counsel “There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department. “§ 312. Inspector General “(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in the Inspector General Act of 1978 (5 U.S.C. App. 3). 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. “(3) The Secretary shall provide the number of additional fulltime positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991. “§ 313. Availability of appropriations “(a) Funds appropriated to the Department may remain available until expended. “(b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless— “(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and “(2) the settlement is provided for specifically in an appropriation law. “§ 314. Central Office “The Central Office of the Department shall be in the District of Columbia. “§ 315. Regional offices “(a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary, “(b) The Secretary may maintain a regional office in the Republic of the Philippines until September 30, 1991. “§ 316. Colocation of regional offices and medical centers “(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department— “(1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or “(2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation. “(b) (1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a). “(2) Such real property shall be used as the site of a facility— “(A) constructed and owned by the lessee of such real property; and “(B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate. “(c) (1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department. “(2) Each agreement for such a lease shall provide— “(A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and “(B) that the ownership of the facility shall vest in the United States at the end of such lease. “(d) (1) The Secretary may sublease any space in such a facility to another party at a rate not less than— “(A) the rental rate paid by the Secretary for such space under subsection (c); plus “(B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabilitation costs) which are attributable to such space. “(2) In any such sublease, the Secretary shall include such terms relating to default and nonperformance as the Secretary considers appropriate to protect the interests of the United States. “(e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c). “(f) (1) Subject to paragraph (3)(A), the Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following: “(A) Identification of the site to be developed. “(B) Minimum office space requirements for regional office activities. “(C) Design criteria of the facility to be constructed. “(D) A plan for meeting the security and parking needs for the facility and its occupants and visitors. “(E) A statement of current and projected rents and other costs for regional office activities. “(F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility. “(G) A plan for securing appropriate licenses, easements, and rights-of-way. “(H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned. “(2) Subject to paragraph (3)(B), the Secretary shall— “(A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and “(B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two additional colocations, unless the Secretary determines that it is not economically feasible for the Department to undertake them, taking into consideration all of the tangible and intangible benefits associated with such colocations. “(3) The Secretary shall— “(A) at least 10 days before the issuance or other publication of the invitation referred to in paragraph (1), submit a copy of the invitation to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and “(B) at least 30 days before entering into an agreement under paragraph (2), submit a copy to the Committees on Veterans’ Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1). “(g) The authority to enter into an agreement under this section shall expire on September 30, 1992. “CHAPTER 5— AUTHORITY AND DUTIES OF THE SECRETARY “SUBCHAPTER I—GENERAL AUTHORITIES “Sec. “501. Rules and regulations. “502. Judicial review of rules and regulations. “503. Administrative error; equitable relief. “505. Opinions of Attorney General. “510. Authority to reorganize offices. “511. Decisions of the Secretary; finality. “512. Delegation of authority; assignment of functions and duties. “513. Contracts and personal services. “515. Administrative settlement of tort claims. “SUBCHAPTER II—SPECIFIED FUNCTIONS “521. Assistance to certain rehabilitation activities. “522. Studies of rehabilitation of disabled persons. “523. Coordination and promotion of other programs affecting veterans and their dependents. “525. Publication of laws relating to veterans. “527. Evaluation and data collection. “529. Annual report to Congress. “SUBCHAPTER III—ADVISORY COMMITTEES “541. Advisory Committee on Former Prisoners of War. “542. Advisory Committee on Women Veterans. “SUBCHAPTER I— GENERAL AUTHORITIES “§ 501. Rules 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. “§ 502. Judicial review of rules and regulations “An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers (other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title) 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. “§ 503. Administrative 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 Reports. 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. “§ 505. Opinions 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. “§ 510. Authority 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 90-day period of continuous session of Congress following the date of the submission of the report. 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 such 90-day period 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 a 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 fulltime 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. “§ 511. Decisions 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. “§ 512. Delegation 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. “§ 513. Contracts 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. “§ 515. Administrative settlement of tort claims “(a) (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. “SUBCHAPTER II— SPECIFIED FUNCTIONS. “§ 521. Assistance 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. “§ 522. Studies 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. “§ 523. Coordination 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. “§ 525. Publication 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. “§ 527. Evaluation 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 Public information. 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. “§ 529. Annual 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. “SUBCHAPTER III— ADVISORY COMMITTEES “§ 541. Advisory Committee on Former Prisoners of War “(a) (1) The Secretary shall establish an advisory committee to be Establishment. 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 Chief Medical Director and the Chief Benefits Director, 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, the Reports. 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. “§ 542. Advisory Committee on Women Veterans “(a) (1) The Secretary shall establish an advisory committee to be Establishment, 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; and “(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. “(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 Chief Medical Director and the Chief Benefits Director, 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. “(c) (1) Not later than July 1 of each even-numbered year, the Reports. 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; 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 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 pursuant to such section. “CHAPTER 7— EMPLOYEES “Sec. “701. Placement of employees in military installations. “703. Miscellaneous authorities respecting employees. “705. Telephone service for medical officers and facility directors. “707. Benefits for employees at oveseas offices who are United States citizens. “709. Employment restrictions. “711. Grade reductions. “§ 701. Placement of employees in military installations “The Secretary may place employees of the Department in such Army, Navy, and Air Force installations as may be considered advisable for the purpose of adjudicating disability claims of, and giving aid and advice to, members of the Armed Forces who are about to be discharged or released from active military, naval, or air service. “§ 703. Miscellaneous authorities respecting employees “(a) The Secretary may furnish and launder such wearing apparel as may be prescribed for employees in the performance of their official duties. “(b) The Secretary may transport children of Department employees located at isolated stations to and from school in available Government-owned automotive equipment. “(c) The Secretary may provide recreational facilities, supplies, and equipment for the use of patients in hospitals and employees in isolated installations. “(d) The Secretary may provide for the preparation, shipment, installation, and display of exhibits, photographic displays, moving pictures, and other visual educational information and descriptive material. For the purposes of the preceding sentence, the Secretary may purchase or rent equipment. “(e) The Secretary may reimburse employees for the cost of repairing or replacing their personal property damaged or destroyed by patients or domiciliary members while such employees are engaged in the performance of their official duties. “(f) (1) The Secretary, upon determining that an emergency situation exists and that such action is necessary for the effective conduct of the affairs of the Department, may use Government-owned, or leased, vehicles to transport employees to and from their place of employment and the nearest adequate public transportation or, if such public transportation is either unavailable or not feasible to use, to and from their place of employment and their home. “(2) The Secretary shall establish reasonable rates to cover the cost of the service rendered under this subsection, and all proceeds collected therefrom shall be applied to the applicable appropriation. “§ 705. Telephone service for medical officers and facility directors “The Secretary may pay for official telephone service and rental in the field whenever incurred in case of official telephones for directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Department where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations prescribed by the Secretary. “§ 707. Benefits for employees at overseas offices who are United States citizens “(a) The Secretary may, under such rules and regulations as may be prescribed by the President or the President’s designee, provide to personnel of the Department who are United States citizens and are assigned by the Secretary to the Department offices in the Republic of the Philippines allowances and benefits similar to those provided by the following provisions of law: “(1) Section 905 of the Foreign Service Act of 1980 (relating to allowances to provide for the proper representation of the United States). “(2) Sections 901 (1), (2), (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service Act of 1980 (relating to travel expenses). “(3) Section 901(13) of the Foreign Service Act of 1980 (relating to transportation of automobiles). “(4) Section 903 of the Foreign Service Act of 1980 (relating to the return of personnel to the United States on leave of absence). “(5) Section 904(d) of the Foreign Service Act of 1980 (relating to payments by the United States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization). “(6) Section 5724a(a)(3) of title 5 (relating to subsistence expenses for 60 days in connection with the return to the United States of the employee and such employee’s immediate family). “(7) Section 5724a(a)(4) of title 5 (relating to the sale and purchase of the residence or settlement of an unexpired lease of the employee when transferred from one station to another station and both stations are in the United States, its territories or possessions, or the Commonwealth of Puerto Rico). “(b) The authority in subsection (a) supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Department provided by title 5 and the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.). “§ 709. Employment restrictions “(a) (1) Notwithstanding section 3134(d) of title 5, the number of Senior Executive Service positions in the Department which are filled by noncareer appointees in any fiscal year may not at any time exceed 5 percent of the average number of senior executives employed in Senior Executive Service positions in the Department during the preceding fiscal year. “(2) For purposes of this subsection, the average number of senior executives employed in Senior Executive Service positions in the Department during a fiscal year shall be equal to 25 percent of the sum of the total number of senior executives employed in Senior Executive Service positions in the Department on the last day of each quarter of such fiscal year. “(b) The number of positions in the Department which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions. “(c) (1) Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department or in the assignment or advancement of any employee in the Department. “(2) Paragraph (1) shall not apply— “(A) to the appointment of any person by the President under this title, other than the appointment of the Chief Medical Director, the Chief Benefits Director, and the Inspector General; or “(B) to the appointment of any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position that is excepted from the competitive service, on a temporary or permanent basis, because of the confidential or policy-determining character of the position. “§711. Grade reductions “(a) The Secretary may not implement a grade reduction described in subsection Reports (b) unless the Secretary first submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing a detailed plan for such reduction and a detailed justification for the plan. The report shall include a determination by the Secretary (together with data supporting such determination) that, in the personnel area concerned, the Department has a disproportionate number of employees at the salary grade or grades selected for reduction in comparison to the number of such employees at the salary levels involved who perform comparable functions in other departments and agencies of the Federal Government and in non-Federal entities. Any grade reduction described in such report may not take effect until the end of a period of 90 calendar days (not including any day on which either House of Congress is not in session) after the report is received by the committees. “(b) A grade reduction referred to in subsection (a) is a systematic reduction, for the purpose of reducing the average salary cost for Department employees described in subsection (c), in the number of such Department employees at a specific grade level. “(c) The employees referred to in subsection (b) are— “(1) health-care personnel who are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services; “(2) individuals who meet the definition of professional employee as set forth in section 7103(a)(15) of title 5; and “(3) individuals who are employed as computer specialists. “(d) Not later than the 45th day after the Secretary submits a Reports. report under subsection (a), the Comptroller General shall submit to such Committees a report on the Secretary’s compliance with such subsection. The Comptroller General shall include in the report the Comptroller General s opinion as to the accuracy of the Secretary’s determination (and of the data supporting such determination) made under such subsection. “(e) In the case of Department employees not described in subsection (c), the Secretary may not in any fiscal year implement a systematic reduction for the purpose of reducing the average salary cost for such Department employees that will result in a reduction in the number of such Department employees at any specific grade level at a rate greater than the rate of the reductions systematically being made in the numbers of employees at such grade level in all other agencies and departments of the Federal Government combined. “CHAPTER 9— SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT “Sec. “901. Authority to prescribe rules for conduct and penalties for violations. “902. Enforcement and arrest authority of Department police officers. “903. Uniform allowance. “904. Equipment and weapons. “905. Use of facilities and services of other law enforcement agencies. “§ 901. Authority to prescribe rules for conduct and penalties for violations “(a) (1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property. “(2) In this chapter, the term ‘Department property’ means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services. “(b) Regulations under subsection (a) shall include— “(1) rules for conduct on Department property; and “(2) the penalties, within the limits specified in subsection (c), for violations of such rules. “(c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary. “(d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. “(e) The Secretary shall consult with the Attorney General before prescribing regulations under this section. “§ 902. Enforcement and arrest authority of Department police officers “(a) (1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property, enforce— “(A) Federal laws; “(B) the rules prescribed under section 901 of this title; and “(C) subject to paragraph (2), traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Department property is located. “(2) A law described in subparagraph (C) of paragraph (1) may be enforced under such subparagraph only as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by the issuance of a citation for violation of such law. “(3) Subject to regulations prescribed under subsection (b), a Department police officer may make arrests on Department property for a violation of a Federal law or any rule prescribed under section 901(a) of this title. “(b) The Secretary shall prescribe regulations with respect to Regulations. Department police officers. Such regulations shall include— “(1) policies with respect to the exercise by Department police officers of the enforcement and arrest authorities provided by this section; “(2) the scope and duration of training that is required for Department police officers, with particular emphasis on dealing with situations involving patients; and “(3) rules limiting the carrying and use of weapons by Department police officers. “(c) The Secretary shall consult with the Attorney General before prescribing regulations under paragraph (1) of subsection (b). “(d) Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title. “§ 903. Uniform allowance “(a) The Secretary may pay an allowance under this section for the purchase of uniforms to any Department police officer who is required to wear a prescribed uniform in the performance of official duties. “(b) The amount of the allowance that the Secretary may pay under this section— “(1) may be based on estimated average costs or actual costs; “(2) may vary by geographic regions; and “(3) except as provided in subsection (c), may not exceed $200 in a fiscal year for any police officer. “(c) The amount of an allowance under this section may be increased to an amount up to $400 for not more than one fiscal year in the case of any Department police officer. In the case of a person who is appointed as a Department police officer on or after January 1, 1990, an allowance in an amount established under this subsection shall be paid at the beginning of such person’s employment as such an officer. In the case of any other Department police officer, an allowance in an amount established under this subsection shall be paid upon the request of the officer. “(d) A police officer who resigns as a police officer less than one year after receiving an allowance in an amount established under this section shall repay to the Department a pro rata share of the amount paid, based on the number of months the officer was actually employed as such an officer during the twelve-month period following the date on which such officer began such employment or the date on which the officer submitted a request for such an allowance, as the case may be. “(e) An allowance may not be paid to a Department police officer under this section and under section 5901 of title 5 for the same fiscal year. “§ 904. Equipment and weapons “The Secretary shall furnish Department police officers with such weapons and related equipment as the Secretary determines to be necessary and appropriate. “§ 905. Use of facilities and services of other law enforcement agencies “With the permission of the head of the agency concerned, the Secretary may use the facilities and services of Federal, State, and local law enforcement agencies when it is economical and in the public interest to do so.”. (b) Veterans Benefits Administration.— Part V of title 38, United States Code, is amended by inserting after chapter 76 the following new chapter: “CHAPTER 77— VETERANS BENEFITS ADMINISTRATION “SUBCHAPTER I—ORGANIZATION; GENERAL “Sec. “7701. Organization of the Administration. “7703. Functions of the Administration. “SUBCHAPTER II—VETERANS OUTREACH SERVICES PROGRAM “7721. Purpose; definitions. “7722. Outreach services. “7723. Veterans assistance offices. “7724. Outstationing of counseling and outreach personnel. “7725. Use of other agencies. “7726. Annual report to Congress. “SUBCHAPTER I— ORGANIZATION; GENERAL “§ 7701. Organization of the Administration “(a) There is in the Department of Veterans Affairs a Veterans Benefits Administration. The primary function of the Veterans Benefits Administration is the administration of nonmedical benefits programs of the Department which provide assistance to veterans and their dependents and survivors. “(b) The Veterans Benefits Administration is under the Chief Benefits Director, who is directly responsible to the Secretary for the operations of the Administration. “§ 7703. Functions of the Administration “The Veterans Benefits Administration is responsible for the administration of the following programs of the Department: “(1) Compensation and pension programs. “(2) Vocational rehabilitation and educational assistance programs. “(3) Veterans’ housing loan programs. “(4) Veterans’ and service members’ life insurance programs. “(5) Outreach programs and other veterans’ services programs. “SUBCHAPTER II— VETERANS OUTREACH SERVICES PROGRAM “§ 7721. Purpose; definitions “(a) The Congress declares that the outreach services program authorized by this subchapter is for the purpose of ensuring that all veterans (especially those who have been recently discharged or released from active military, naval, or air service and those who are eligible for readjustment or other benefits and services under laws administered by the Department) are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents. The Congress further declares that the outreach services program authorized by this subchapter is for the purpose of charging the Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services. “(b) For the purposes of this subchapter— “(1) the term ‘other governmental programs’ includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and “(2) the term ‘eligible dependent’ means an ‘eligible person’ as defined in section 3501(a)(1) of this title. “§ 7722. Outreach services “(a) In carrying out the purposes of this subchapter, the Secretary shall provide the outreach services specified in subsections (b) through (d). In areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, such services shall, to the maximum feasible extent, be provided in the principal language of such persons. “(b) The Secretary shall by letter advise each veteran at the time of the veteran’s discharge or release from active military, naval, or air service (or as soon as possible after such discharge or release) of all benefits and services under laws administered by the Department for which the veteran may be eligible. In carrying out this subsection, the Secretary shall ensure, through the use of veteran student services under section 3485 of this title, that contact, in person or by telephone, is made with those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release. “(c) The Secretary shall distribute full information to eligible veterans and eligible dependents regarding all benefits and services to which they may be entitled under laws administered by the Department and may, to the extent feasible, distribute information on other governmental programs (including manpower and training programs) which the Secretary determines would be beneficial to veterans. “(d) The Secretary shall provide, to the maximum extent possible, aid and assistance (including personal interviews) to members of the Armed Forces, veterans, and eligible dependents with respect to subsections (b) and (c) and in the preparation and presentation of claims under laws administered by the Department. “§ 7723. Veterans assistance offices “(a) The Secretary shall establish and maintain veterans assistance offices at such places throughout the United States and its territories and possessions, and in the Commonwealth of Puerto Rico, as the Secretary determines to be necessary to carry out the purposes of this subchapter. In establishing and maintaining such offices, the Secretary shall give due regard to— “(1) the geographical distribution of veterans recently discharged or released from active military, naval, or air service; “(2) the special needs of educationally disadvantaged veterans (including their need for accessibility of outreach services); and “(3) the necessity of providing appropriate outreach services in less populated areas. “(b) The Secretary shall establish and carry out all possible programs and services, including special telephone facilities, as may be necessary to make the outreach services provided for under this subchapter as widely available as possible. “§ 7724. Outstationing of counseling and outreach personnel “The Secretary may station employees of the Department at locations other than Department offices, including educational institutions, to provide counseling and other assistance regarding benefits under this title to veterans and other persons eligible for benefits under this title and to provide outreach services under this subchapter. “§ 7725. Use of other agencies “In carrying out this subchapter, the Secretary shall do the following: “(1) Arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an eligible veteran or eligible dependent with an appropriate job or job training opportunity, including, where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Department. “(2) In consultation with the Secretary of Labor, actively seek to promote the development and establishment of emplo3mient opportunities, training opportunities, and other opportunities for veterans, with particular emphasis on the needs of veterans with service-connected disabilities and other eligible veterans, taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title, “(3) Cooperate with and use the services of any Federal department or agency or any State or local governmental agency or recognized national or other organization. “(4) Where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization. “(5) At the Secretary of Veterans Affairs discretion, furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services. “(6) Conduct and provide for studies in consultation with appropriate Federal departments and agencies to determine the most effective program design to carry out the purposes of this subchapter. “§ 7726. Annual report to Congress “The Secretary shall include in the annual report to the Congress required by section 529 of this title a report on the activities carried out under this subchapter. Each such report shall include an appraisal of the effectiveness of the programs authorized in this subchapter and recommendations for the improvement or more effective administration of those programs.”. (c) Cross-References to Previous Chapter 3 Sections.— (1) Section 621 is amended by striking out “section 210(c)(1)” and inserting in lieu thereof “section 501(a)”. (2) Section 1685(a)(1) is amended by striking out “subchapter IV of chapter 3” and inserting in lieu thereof “subchapter II of chapter 77”. (3) The following sections are amended by striking out “section 214” and inserting in lieu thereof “section 529”: sections 618(c)(3), 654,1521(c), 1833(c)(2), and 7101(c)(3). (4) Section 2003A(b)(2) is amended by striking out “section 242” and inserting in lieu thereof “section 7723”. (5) Section 2014(g) is amended by striking out “section 241” and “section 243” and inserting in lieu thereof “section 7722” and “section 7724”, respectively. (6) Section 5701(g)(2)(A)(ii) is amended by striking out “section 219” and inserting in lieu thereof “section 527”. (7) Section 7455(a)(2)(C) is amended by striking out “section 218” and inserting in lieu thereof “section 902”. (d) Tables of Chapters.— (1) The table of chapters before part I is amended— (A) by striking out the item relating to chapter 3 and inserting in lieu thereof the following: “3. Department of Veterans Affairs 301 “5. Authority and Duties of the Secretary 501 “7. Employees 701 “9. Security and Law Enforcement on Property Under the Jurisdiction of the Department 901“; and (B) by inserting after the item relating to chapter 76 the following new item: “77. Veterans Benefits Administration 7701”. (2) The table of chapters at the beginning of part I is amended by striking out the item relating to chapter 3 and inserting in lieu thereof the following: “3. Department of Veterans Affairs 301 “5. Authority and Duties of the Secretary 501 “7. Employees 701 Security and Law Enforcement on Property Under the Jurisdiction of the Department 901”. (3) The table of chapters at the beginning of part V is amended by inserting after the item relating to chapter 76 the following new item: “77. Veterans Benefits Administration 7701”.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 219 of this title prior to repeal by Pub. L. 102–83, § 2(a).
Statutory Notes and Related Subsidiaries
Analysis and Report on Treatment of Veterans for Medical Conditions Related to Toxic Exposure
Pub. L. 117–168, title V, § 502, , 136 Stat. 1786, provided that:
“(a) In General.—
The Secretary of Veterans Affairs shall analyze, on a continuous basis, all clinical data that—
“(1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and
“(2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and a toxic exposure.
“(b) Annual Report.—
Not later than one year after the date of the enactment of this Act [], and annually thereafter, 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 containing the following:
“(1) The aggregate data compiled under subsection (a).
“(2) An analysis of such data.
“(3) A description of the types and incidences of medical conditions identified by the Department under such subsection.
“(4) The explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable.
“(5) The views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and toxic exposures.
“(c) Toxic Exposure Defined.—
In this section, the term ‘toxic exposure’ has the meaning given such term in section 101 of title 38, United States Code, as amended by section 102(b).”
Department of Veterans Affairs Public Website for Toxic Exposure Research
Pub. L. 117–168, title V, § 509, , 136 Stat. 1791, provided that:
“(a) Website.—
Not later than one year after the date of the enactment of this Act [], the Secretary of Veterans Affairs shall establish, and maintain thereafter, a publicly accessible internet website of the Department of Veterans Affairs that serves as a clearinghouse for the publication of all toxic exposure research carried out or funded by the executive branch of the Federal Government.
“(b) Coordination.—
In carrying out subsection (a), the Secretary shall coordinate with—
“(1) the heads of each Federal agency carrying out or funding toxic exposure research;
“(2) the War Related Illness and Injury Study Center of the Department of Veterans Affairs, or successor center; and
“(3) any working group of the Department of Veterans Affairs or other similar entity responsible for coordinating toxic exposure research.
“(c) Definitions.—
In this section:
“(1) Toxic exposure.—
The term ‘toxic exposure’ has the meaning given that term in section 101 of title 38, United States Code, as added by section 102(b).
“(2) Toxic exposure research.—
The term ‘toxic exposure research’ means research on the health consequences of toxic exposures experienced during service in the Armed Forces.”
Burn Pit Transparency
Pub. L. 117–168, title VIII, § 808, , 136 Stat. 1806, provided that:
“(a) Annual Report on Disability Claims.—
“(1) In general.—
Not later than 180 days after the date of the enactment of this Act, [] and annually thereafter, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report detailing the following:
“(A) The total number of covered veterans.
“(B) The total number of claimed issues for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and a breakdown of the reasons for the denials.
“(C) A comprehensive list of the top 10 conditions from each body system for which the Secretary awarded service connection for covered veterans.
“(D) Any updates or trends with respect to the information described in subparagraphs (A), (B), and (C), that the Secretary determines appropriate.
“(2) Covered veteran defined.—
In this subsection, the term ‘covered veteran’ means a veteran who deployed to the Southwest Asia theater of operations any time after August 1990, or Afghanistan, Syria, Djibouti, or Uzbekistan after , and who submits a claim for disability compensation under chapter 11 of title 38, United States Code.
“(b) Information Regarding the Airborne Hazards and Open Burn Pit Registry.—
“(1) Notice.—
The Secretary of Veterans Affairs shall ensure that a medical professional of the Department of Veterans Affairs informs a veteran of the Airborne Hazards and Open Burn Pit Registry if the veteran presents at a medical facility of the Department for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits.
“(2) Display.—
In making information public regarding the number of participants in the Airborne Hazards and Open Burn Pit Registry, the Secretary shall display such numbers by both State and by congressional district.
“(c) Definitions.—
In this section:
“(1) Airborne hazards and open burn pit registry.—
The term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
“(2) Appropriate congressional committees.—
The term ‘appropriate congressional committees’ means—
“(A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and
“(B) The Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives.
“(3) Open burn pit.—
The term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”
Requirement for Collection and Analysis of Data on Department of Veterans Affairs Benefits and Services and Disaggregation of Such Data by Gender, Race, and Ethnicity
Pub. L. 116–315, title V, § 5401, , 134 Stat. 5045, provided that:
“The Secretary of Veterans Affairs shall—
“(1) collect and analyze data on each program of the Department of Veterans Affairs that provides a service or benefit to a veteran, including the program carried out under section 1144 of title 10, United States Code;
“(2) disaggregate such data by gender, race, and ethnicity, when the data lends itself to such disaggregation; and
“(3) publish the data collected and analyzed under paragraph (1), except for such cases in which the Secretary determines that some portions of the data would undermine the anonymity of a veteran.”
Addition of Burn Pit Registration and Other Information to Electronic Health Records of Members of the Armed Forces
Pub. L. 116–283, div. A, title VII, § 720, , 134 Stat. 3697, provided that:
“(a) Updates to Electronic Health Records.—
Beginning not later than one year after the date of the enactment of this Act [], the Secretary of Defense shall ensure that—
“(1) the electronic health record maintained by the Secretary for a member of the Armed Forces registered with the Airborne Hazards and Open Burn Pit Registry is updated with any information contained in such registry with respect to the member; and
“(2) any occupational or environmental health exposure recorded in the Defense Occupational and Environmental Health Readiness System (or any successor system) is linked to the electronic health record system of the Department of Defense to notify health professionals treating a member specified in paragraph (1) of any such exposure recorded for the member.
“(b) Airborne Hazards and Open Burn Pit Registry Defined.—
In this section, the term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”
Health Assessments of Veterans Diagnosed With Pandemic Diseases To Determine Exposure to Open Burn Pits and Toxic Airborne Chemicals
Pub. L. 116–283, div. A, title VII, § 735, , 134 Stat. 3703, provided that:
“(a) Exposure to Open Burn Pits and Toxic Airborne Chemicals or Other Airborne Contaminants as Part of Health Assessments for Veterans During a Pandemic and Inclusion of Information in Registry.—
“(1) Health assessments and physical examinations.—
The Secretary of Veterans Affairs shall ensure that the first health assessment or physical examination furnished to a veteran under the laws administered by the Secretary after the veteran tests positive for a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) includes an evaluation of whether the veteran has been—
“(A) based or stationed at a location where an open burn pit was used; or
“(B) exposed to toxic airborne chemicals or other airborne contaminants relating to service in the Armed Forces, including an evaluation of any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.
“(2) Inclusion of individuals in registry.—
If an evaluation conducted under paragraph (1) with respect to a veteran establishes that the veteran was based or stationed at a location where an open burn pit was used, or that the individual was exposed to toxic airborne chemicals or other airborne contaminants, the individual shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the veteran elects to not enroll in such registry.
“(3) Rule of construction.—
Nothing in this subsection may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the history of exposure of the veteran to an open burn pit not being recorded in an evaluation conducted under paragraph (1).
“(b) Study on Impact of Viral Pandemics on Members of Armed Forces and Veterans Who Have Experienced Toxic Exposure.—
“(1) In general.—
The Secretary of Veterans Affairs shall conduct a study, through the Airborne Hazards and Burn Pits Center of Excellence (in this subsection referred to as the ‘Center’), on the health impacts of infection with a pathogen, such as a virus, with respect to which a public health emergency has been declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), including a coronavirus, to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures for the purposes of understanding the health impacts of the pathogen and whether individuals infected with the pathogen are at increased risk of severe symptoms due to previous conditions linked to toxic exposure.
“(2) Preparation for future pandemic.—
The Secretary, through the Center, shall analyze potential lessons learned through the study conducted under paragraph (1) to assist in preparing the Department of Veterans Affairs for potential future pandemics.
“(c) Definitions.—
In this subsection [probably should be “section”]:
“(1) The term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
“(2) The term ‘coronavirus’ has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123 [134 Stat. 155]).
“(3) The term ‘open burn pit’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note).”
Access of Veterans to Individual Longitudinal Exposure Record
Pub. L. 116–283, div. H, title XCI, § 9105, , 134 Stat. 4783, provided that: “The Secretary of Veterans Affairs shall provide to a veteran read-only access to the documents of the veteran contained in the Individual Longitudinal Exposure Record in a printable format through a portal accessible through an internet website of the Department of Veterans Affairs.”
Access to Information in Burn Pit Registry
Pub. L. 116–92, div. A, title VII, § 705(c), , 133 Stat. 1440, provided that:
“(1) In general.—
The Secretary of Defense shall ensure that all medical personnel of the Department of Defense have access to the information contained in the burn pit registry.
“(2) Burn pit registry defined.—
In this subsection, the term ‘burn pit registry’ means the registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).”
Education Campaign for Airborne Hazards and Open Burn Pit Registry
Pub. L. 115–232, div. A, title X, § 1050, , 132 Stat. 1962, provided that:
“(a) Education Campaign.—
Beginning not later than one year after the date of the enactment of this Act [], the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.
“(b) Airborne Hazards and Open Burn Pit Registry Defined.—
In this section, the term ‘Airborne Hazards and Open Burn Pit Registry’ means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) [set out below].”
Coordination by Veterans Health Administration of Efforts To Understand Effects of Burn Pits
Pub. L. 115–91, div. A, title VII, § 738, , 131 Stat. 1446, provided that: “The Under Secretary for Health of the Department of Veterans Affairs, acting through the Office of Public Health of the Veterans Health Administration, shall coordinate efforts related to furthering understanding of burn pits, the effect of burn pits on veterans, and effective treatments relating to such effects, including with respect to research efforts and training of clinical staff on related matters.”
Submittal of Information to Secretary of Veterans Affairs Relating to Exposure to Airborne Hazards and Open Burn Pits
Pub. L. 114–92, div. A, title VII, § 728, , 129 Stat. 873, provided that:
“(a) In General.—
Not later than 180 days after the date of the enactment of this Act [], and periodically thereafter, the Secretary of Defense shall submit to the Secretary of Veterans Affairs such information in the possession of the Secretary of Defense as the Secretary of Veterans Affairs considers necessary to supplement and support—
“(1) the development of information to be included in the Airborne Hazards and Open Burn Pit Registry established by the Department of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note); and
“(2) research and development activities conducted by the Department of Veterans Affairs to explore the potential health risks of exposure by members of the Armed Forces to environmental factors in Iraq and Afghanistan, in particular the connection of such exposure to respiratory illnesses such as chronic cough, chronic obstructive pulmonary disease, constrictive bronchiolitis, and pulmonary fibrosis.
“(b) Inclusion of Certain Information.—
The Secretary of Defense shall include in the information submitted to the Secretary of Veterans Affairs under subsection (a) information on any research and surveillance efforts conducted by the Department of Defense to evaluate the incidence and prevalence of respiratory illnesses among members of the Armed Forces who were exposed to open burn pits while deployed overseas.”
Establishment of Open Burn Pit Registry
Pub. L. 112–260, title II, § 201, , 126 Stat. 2422, as amended by Pub. L. 116–315, title II, § 2010(g), , 134 Stat. 4979; Pub. L. 117–81, div. F, title LXVI, § 6602, , 135 Stat. 2438, provided that:
“(a) Establishment of Registry.—
“(1) In general.—
Not later than one year after the date of the enactment of this Act [], the Secretary of Veterans Affairs shall—
“(A) establish and maintain an open burn pit registry for eligible individuals who may have been exposed to toxic airborne chemicals and fumes caused by open burn pits;
“(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to toxic airborne chemicals and fumes caused by open burn pits;
“(C) develop a public information campaign to inform eligible individuals about the open burn pit registry, including how to register and the benefits of registering; and
“(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to toxic airborne chemicals and fumes caused by open burn pits.
“(2) Coordination.—
The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).
“(b) Report to Congress.—
“(1) Reports by independent scientific organization.—
The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare reports as follows:
“(A) Not later than two years after the date on which the registry under subsection (a) is established, an initial report containing the following:
“(i) An assessment of the effectiveness of actions taken by the Secretaries to collect and maintain information on the health effects of exposure to toxic airborne chemicals and fumes caused by open burn pits.
“(ii) Recommendations to improve the collection and maintenance of such information.
“(iii) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to conditions that are likely to result from exposure to open burn pits.
“(B) Not later than five years after completing the initial report described in subparagraph (A), a follow-up report containing the following:
“(i) An update to the initial report described in subparagraph (A).
“(ii) An assessment of whether and to what degree the content of the registry established under subsection (a) is current and scientifically up-to-date.
“(2) Submittal to congress.—
“(A) Initial report.—
Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress the initial report prepared under paragraph (1)(A).
“(B) Follow-up report.—
Not later than five years after submitting the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to Congress the follow-up report prepared under paragraph (1)(B).
“(c) Definitions.—
In this section:
“(1) Eligible individual.—
The term ‘eligible individual’ means any individual who, on or after —
“(A) was deployed in support of a contingency operation while serving in the Armed Forces; and
“(B) during such deployment, was based or stationed at a location where an open burn pit was used.
“(2) Open burn pit.—
The term ‘open burn pit’ means an area of land located in Afghanistan, Iraq,, [sic] Uzbekistan, Egypt, or Syria that—
“(A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and
“(B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.”
Persian Gulf War Veterans’ Health Status
Pub. L. 102–585, title VII, , 106 Stat. 4975, as amended by Pub. L. 103–446, title I, § 108, , 108 Stat. 4653; Pub. L. 105–368, title I, §§ 104, 106, , 112 Stat. 3323, 3325; Pub. L. 111–163, title V, § 502, , 124 Stat. 1157, provided that:
“SEC. 701. SHORT TITLE.
“This title may be cited as the ‘Persian Gulf War Veterans’ Health Status Act’.
“SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
“(a) Establishment of Registry.—
The Secretary of Veterans Affairs shall establish and maintain a special record to be known as the ‘Persian Gulf War Veterans Health Registry’ (in this section referred to as the ‘Registry’).
“(b) Contents of Registry.—
Except as provided in subsection (c), the Registry shall include the following information:
“(1) A list containing the name of each individual who served as a member of the Armed Forces in the Persian Gulf theater of operations during the Persian Gulf War and who—
“(A) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code;
“(B) files a claim for compensation under chapter 11 of such title on the basis of any disability which may be associated with such service;
“(C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service;
“(D) requests from the Department a health examination under section 703; or
“(E) receives from the Department of Defense a health examination similar to the health examination referred to in subparagraph (D) and requests inclusion in the Registry.
“(2) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in paragraph (1) who—
“(A) grants to the Secretary permission to include such information in the Registry; or
“(B) at the time the individual is listed in the Registry, is deceased.
“(c) Individuals Submitting Claims or Making Requests Before Date of Enactment.—
If in the case of an individual described in subsection (b)(1) the application, claim, or request referred to in such subsection was submitted, filed, or made, before the date of the enactment of this Act [], the Secretary shall, to the extent feasible, include in the Registry such individual’s name and the data and information, if any, described in subsection (b)(2) relating to the individual.
“(d) Department of Defense Information.—
The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Department of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry.
“(e) Relation to Department of Defense Registry.—
The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that information is collected and maintained in the Registry in a manner that permits effective and efficient cross-reference between the Registry and the registry established under section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section 704.
“(f) Ongoing Outreach to Individuals Listed in Registry.—
The Secretary of Veterans Affairs shall, from time to time, notify individuals listed in the Registry of significant developments in research on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.
“SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE FOR INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.
“(a) In General.—
(1) The Secretary of Veterans Affairs—
“(A) shall, upon the request of a veteran described in subsection (b)(1), provide the veteran with a health examination (including any appropriate diagnostic tests) and consultation and counseling with respect to the results of the examination and the tests; and
“(B) may, upon the request of a veteran described in subsection (b)(2), provide the veteran with such an examination (including diagnostic tests) and such consultation and counseling.
“(2) The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) and consultation and counseling services under paragraph (1).
“(b) Covered Veterans.—
(1) In accordance with subsection (a)(1)(A), the Secretary shall provide an examination (including diagnostic tests), consultation, and counseling under that subsection to any veteran who is eligible for listing or inclusion in the Persian Gulf War Veterans Health Registry established by section 702.
“(2) In accordance with subsection (a)(1)(B), the Secretary may provide an examination (including diagnostic tests), consultation, and counseling under that subsection to any veteran who is eligible for listing or inclusion in any other similar health-related registry administered by the Secretary.
“SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.
“[Amended section 734 of Pub. L. 102–190, set out as a note under section 1074 of Title 10, Armed Forces.]
“SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
“(a) Study.—
The Director of the Office of Technology Assessment shall, in a manner consistent with the Technology Assessment Act of 1972 (2 U.S.C. 472(d) [2 U.S.C. 471 et seq.]), assess—
“(1) the potential utility of each of the Persian Gulf Registry and the Persian Gulf War Veterans Health Registry for scientific study and assessment of the intermediate and long-term health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War;
“(2) the extent to which each registry meets the requirements of the provisions of law under which the registry is established;
“(3) the extent to which data contained in each registry—
“(A) are maintained in a manner that ensures permanent preservation and facilitates the effective, efficient retrieval of information that is potentially relevant to the scientific study of the intermediate and long-term health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War; and
“(B) would be useful for scientific study regarding such health consequences;
“(4) the adequacy of any plans to update each of the registries;
“(5) the extent to which the Department of Defense or the Department of Veterans Affairs, as the case may be, is assembling and maintaining information on the Persian Gulf theater of operations (including information on troop locations and atmospheric and weather conditions) in a manner that facilitates the usefulness of, maintenance of, and retrieval of information from, the applicable registry; and
“(6) the adequacy and compatibility of protocols for the health examinations and counseling provided under section 703 and health examinations provided by the Department of Defense to members of the Armed Forces for the purpose of assessing the health status of members of the Armed Forces who served in the Persian Gulf theater of operations during the Persian Gulf War.
“(b) Access to Information.—
The Secretary of Veterans Affairs and the Secretary of Defense shall provide the Director with access to such records and information under the jurisdiction of each such secretary as the Director determines necessary to permit the Director to carry out the study required under this section.
“(c) Reports.—
The Director shall—
“(1) not later than 270 days after the date of the enactment of this Act [], submit to Congress a report on the results of the assessment carried out under this section of the Persian Gulf Registry and health-examination protocols; and
“(2) not later than 15 months after such date, submit to Congress a report on the results of the assessment carried out under this section of the Persian Gulf War Veterans Health Registry.
“(d) Definitions.—
For the purposes of this section:
“(1) The term ‘Persian Gulf Registry’ means the registry established under section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section 704.
“(2) The term ‘Persian Gulf War Veterans Health Registry’ means the Persian Gulf War Veterans Health Registry established under section 702.
“SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES FOR REVIEW OF HEALTH CONSEQUENCES OF SERVICE DURING THE PERSIAN GULF WAR.
“(a) Agreement.—
(1) The Secretary of Veterans Affairs and Secretary of Defense jointly shall seek to enter into an agreement with the National Academy of Sciences for the Medical Follow-Up Agency (MFUA) of the Institute of Medicine of the Academy to review existing scientific, medical, and other information on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.
“(2) The agreement shall require MFUA to provide members of veterans organizations and members of the scientific community (including the Director of the Office of Technology Assessment) with the opportunity to comment on the method or methods MFUA proposes to use in conducting the review.
“(3) The agreement shall permit MFUA, in conducting the review, to examine and evaluate medical records of individuals who are included in the registries referred to in section 705(d) for purposes that MFUA considers appropriate, including the purpose of identifying illnesses of those individuals.
“(4) The Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into the agreement under this section not later than 180 days after the date of the enactment of this Act [].
“(b) Report.—
(1) The agreement under this section shall require the National Academy of Sciences to submit to the committees and secretaries referred to in paragraph (2) a report on the results of the review carried out under the agreement. Such report shall contain the following:
“(A) An assessment of the effectiveness of actions taken by the Secretary of Veterans Affairs and the Secretary of Defense to collect and maintain information that is potentially useful for assessing the health consequences of the military service referred to in subsection (a).
“(B) Recommendations on means of improving the collection and maintenance of such information.
“(C) Recommendations on whether there is sound scientific basis for an epidemiological study or studies on the health consequences of such service, and if the recommendation is that there is sound scientific basis for such a study or studies, the nature of the study or studies.
“(2) The committees and secretaries referred to in paragraph (1) are the following:
“(A) The Committees on Veterans’ Affairs of the Senate and House of Representatives.
“(B) The Committees on Armed Services of the Senate and House of Representatives.
“(C) The Secretary of Veterans Affairs.
“(D) The Secretary of Defense.
“(c) Funding.—
(1) The Secretary of Veterans Affairs and the Secretary of Defense shall make available up to a total of $500,000 in fiscal year 1993, from funds available to the Department of Veterans Affairs and the Department of Defense in that fiscal year, to carry out the review. Any amounts provided by the two departments shall be provided in equal amounts.
“(2) If the Secretary of Veterans Affairs and the Secretary of Defense enter into an agreement under subsection (a) with the National Academy of Sciences—
“(A) the Secretary of Veterans Affairs shall make available $250,000 in each of fiscal years 1994 through 2003, from amounts available to the Department of Veterans Affairs in each such fiscal year, to the National Academy of Sciences for the general purposes of conducting epidemiological research with respect to military and veterans populations; and
“(B) the Secretary of Defense shall make available $250,000 in each of fiscal years 1994 through 2003, from amounts available to the Department of Defense in each such fiscal year, to the National Academy of Sciences for the purposes of carrying out the research referred to in subparagraph (A).
“(d) Research Review and Development of Medical Education Curriculum.—
(1) In order to further understand the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War and of new research findings with implications for improving the provision of care for veterans of such service, the Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences under which the Institute of Medicine of the Academy would—
“(A) develop a curriculum pertaining to the care and treatment of veterans of such service who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians who provide care for such veterans; and
“(B) on an ongoing basis, periodically review and provide recommendations regarding the research plans and research strategies of the Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.
“(2) Recommendations to be provided under paragraph (1)(B) include any recommendations that the Academy considers appropriate for additional scientific studies (including studies related to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of any aspects of such military service. In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies.
“(3) Not later than 9 months after the Institute of Medicine provides the Secretaries the curriculum developed under paragraph (1)(A), the Secretaries shall provide for the conduct of continuing education programs using that curriculum. Those programs shall include instruction which seeks to emphasize use of appropriate protocols of diagnosis, referral, and treatment of such veterans.
“SEC. 707. COORDINATION OF HEALTH-RELATED GOVERNMENT ACTIVITIES ON THE PERSIAN GULF WAR.
“(a) Designation of Coordinating Organization.—
The President shall designate, and may redesignate from time to time, the head of an appropriate department or agency of the Federal Government to coordinate all activities undertaken or funded by the Executive Branch of the Federal Government on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.
“(b) Public Advisory Committee.—
Not later than , the head of the department or agency designated under subsection (a) shall establish an advisory committee consisting of members of the general public, including Persian Gulf War veterans and representatives of such veterans, to provide advice to the head of that department or agency on proposed research studies, research plans, or research strategies relating to the health consequences of military service in the Southwest Asia theater of operations during the Persian Gulf War. The department or agency head shall consult with such advisory committee on a regular basis.
“(c) Reports.—
(1) Not later than , and July 1 of each of the five following years, the head of the department or agency designated under subsection (a) shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on—
“(A) the status and results of all such research activities undertaken by the executive branch during the previous year; and
“(B) research priorities identified during that year.
“(2) (A) Not later than 120 days after submission of the epidemiological research study conducted by the Department of Veterans Affairs entitled ‘VA National Survey of Persian Gulf Veterans—Phase III’, the head of the department or agency designated under subsection (a) shall submit to the congressional committees specified in paragraph (1) a report on the findings under that study and any other pertinent medical literature.
“(B) With respect to any findings of that study and any other pertinent medical literature which identify scientific evidence of a greater relative risk of illness or illnesses in family members of veterans who served in the Persian Gulf War theater of operations than in family members of veterans who did not so serve, the head of the department or agency designated under subsection (a) shall seek to ensure that appropriate research studies are designed to follow up on such findings.
“(d) Public Availability of Research Findings.—
The head of the department or agency designated under subsection (a) shall ensure that the findings of all research conducted by or for the executive branch relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War (including information pertinent to improving provision of care for veterans of such service) are made available to the public through peer-reviewed medical journals, the World Wide Web, and other appropriate media.
“(e) Outreach.—
The head of the department or agency designated under subsection (a) shall ensure that the appropriate departments consult and coordinate in carrying out an ongoing program to provide information to those who served in the Southwest Asia theater of operations during the Persian Gulf War relating to: (1) the health risks, if any, resulting from any risk factors associated with such service; and (2) any services or benefits available with respect to such health risks.
“SEC. 708. DEFINITION.
“For the purposes of this title, the term ‘Persian Gulf War’ has the meaning given such term in section 101(33) of title 38, United States Code.”
Services for Homeless Veterans
Pub. L. 102–405, title I, § 107, , 106 Stat. 1976, as amended by Pub. L. 103–446, title X, § 1002, , 108 Stat. 4679, required Secretary of Veterans’ Affairs and directors of each medical center or benefits office to assess needs of homeless veterans and programs which have been developed to assist homeless veterans, and to replicate programs which have successfully rehabilitated homeless veterans, prior to repeal by Pub. L. 105–114, title II, § 202(c)(2), , 111 Stat. 2287.
Credits
(Added Pub. L. 102–83, § 2(a), , 105 Stat. 391.)