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38 U.S.C. § 312 — Inspector General
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.11 See References in Text note below.
**(b)**
(1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.
(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.
**(c)**
(1) Whenever the Inspector General, in carrying out the duties and responsibilities established under chapter 4 of title 5, issues a work product the Inspector General shall—
(A) submit the work product to—
(i) the Secretary;
(ii) the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate;
(iii) the Committee on Veterans’ Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives;
(iv) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(v) any Member of Congress upon request; and
(B) the Inspector
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Source location: Title 38, Chapter 3, § 312; chapter-003-department-of-veterans-affairs.md
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**(a)** There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.11 See References in Text note below.
**(b)**
(1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.
(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.
**(c)**
(1) Whenever the Inspector General, in carrying out the duties and responsibilities established under chapter 4 of title 5, issues a work product the Inspector General shall—
(A) submit the work product to—
(i) the Secretary;
(ii) the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate;
(iii) the Committee on Veterans’ Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives;
(iv) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(v) any Member of Congress upon request; and
(B) the Inspector General shall submit all final work products to—
(i) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(ii) any Member of Congress upon request; and
(C) not later than 3 days after the work product is submitted in final form to the Secretary, post the work product on the Internet website of the Inspector General.
(2) Nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure by any other provision of law.
**(d)**
(1)
(A) In addition to the authority otherwise provided by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and in accordance with the requirements of this subsection, the Inspector General, in carrying out the provisions of this section, may require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by the Inspector General Act of 1978 (5 U.S.C. App.) 1 and this section, which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate district court of the United States.
(B) The Inspector General may not require by subpoena the attendance and testimony under subparagraph (A) of—
(i) any current Federal employee; or
(ii) any witness as part of any criminal proceeding.
(2) The authority to issue a subpoena under paragraph (1) may not be delegated.
(3)
(A) The Inspector General shall notify the Attorney General of the intent to issue a subpoena under paragraph (1).
(B) Not later than 10 days after the date on which the Attorney General is notified pursuant to subparagraph (A), the Attorney General may object in writing to the issuance of the subpoena if the subpoena will interfere with an ongoing investigation and, if the Attorney General makes such an objection, the Inspector General may not issue the subpoena.
(C) If the Attorney General does not object in writing to the issuance of the subpoena during the 10-day period described in subparagraph (B), the Inspector General may issue the subpoena.
(4) Before requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the degree practicable—
(A) notify the witness of the intent of the Inspector General to issue the subpoena; and
(B) provide the witness an opportunity to attend and testify voluntarily.
(5) Whenever requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the greatest extent practicable, travel to residence 22 So in original. Probably should be preceded by “the”. of the witness, the principal place of business of the witness, or other similar location that is in proximity to the residence of the witness.
(6)
(A) Along with each semiannual report submitted by the Inspector General pursuant to section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App. 5(b)),1 the Inspector General shall include a report on the exercise of the authority provided by paragraph (1).
(B) Each report submitted under subparagraph (A) shall include, for the most recently completed six-month period, the following:
(i) The number of testimonial subpoenas issued and the number of individuals interviewed pursuant to such subpoenas.
(ii) The number of proposed testimonial subpoenas with respect to which the Attorney General objected under paragraph (3)(B).
(iii) A discussion of any challenges or concerns that the Inspector General has encountered exercising the authority provided by paragraph (1).
(iv) Such other matters as the Inspector General considers appropriate.
(7)
(A) The authority provided by paragraph (1)(A) shall terminate on September 30, 2026.
(B) The termination of authority by subparagraph (A) shall not affect the enforceability of a subpoena issued under paragraph (1)(A) before the date of such termination.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim), and subject to the provisions of [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim), in the case of any veteran who served for ninety days or more during a period of war—
(1) a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service;
(2) a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service;
(3) active tuberculous disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;
(4) multiple sclerosis developing a 10 percent degree of disability or more within seven years from the date of separation from such service;
(5) Hansen’s disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;
shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service.
**(b)**
(1) For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim) and subject to the provisions of [section 1113 of this title](https
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Federal law — U.S. Code and appendices · legal_authorities
The Executive departments are:
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Training.—** Not less frequently than once every two years, the Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.),11 See References in Text note below. shall provide to each employee of the Department training regarding whistleblower disclosures, including—
(1) an explanation of each method established by law in which an employee may file a whistleblower disclosure;
(2) the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with [section 7211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7211&num=0&edition=prelim);
(3) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191);
(4) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 ([5 U.S.C. 2302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim) note); and
(5) the right of contractors to be protected from reprisal for the disclosure of certain i
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
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Federal law — U.S. Code and appendices · legal_authorities
Page 65
TITLE 38—VETERANS’ BENEFITS
§ 312
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective 180 days after
Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10,
1996, 110 Stat. 702.
CREATION
OF
OFFICE
OF
RESEARCH
REVIEWS
WITHIN
THE
OFFICE
OF
INFORMATION
AND
TECHNOLOGY
OF
THE DEPARTMENT OF VETERANS AFFAIRS
Pub. L. 116–171, title VII, § 705, Oct. 17, 2020, 134 Stat.
830, provided that:
‘‘(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act [Oct. 17, 2020], the
Secretary of Veterans Affairs shall establish within the
Office of Information and Technology of the Depart-
ment of Veterans Affairs an Office of Research Reviews
(in this section referred to as the ‘Office’).
‘‘(b) ELEMENTS.—The Office shall do the following:
‘‘(1) Perform centralized security reviews and com-
plete security processes for approved research spon-
sored outside the Department, with a focus on multi-
site clinical trials.
‘‘(2) Develop and maintain a list of commercially
available software preferred for use in sponsored clin-
ical trials of the Department and ensure such list is
maintained as part of the official approved software
products list of the Department.
‘‘(3) Develop benchmarks for appropriate timelines
for security reviews conducted by the Office.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Not later than one year after the
establishment of the Office, the Office shall submit to
the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of
Representatives a report on the activity of the Office.
‘‘(2) ELEMENTS.—The report required by paragraph
(1) shall include, at a minimum, the following:
‘‘(
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