38 U.S.C. § 515 — Administrative settlement of tort claims

Page 82 TITLE 38—VETERANS’ BENEFITS § 515 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 serv- ices) 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 vehi- cles or aircraft for official travel whenever, in the Secretary’s judgment, such arrangements are in the interest of efficiency or economy. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 213 of this title prior to repeal by Pub. L. 102–83, § 2(a). § 515. Administrative settlement of tort claims (a)(1) Notwithstanding the limitations con- tained 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 dele- gated 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 con- sider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allow- ance or by disallowance. (b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of sec- tion 2672 of title 28, when such claims arise in foreign countries in connection with Depart- ment operations abroad. A claim may not be al- lowed under this subsection unless it is pre- sented in writing to the Secretary within two years after the claim accrues. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 224 and 236 of this title prior to re- peal by Pub. L. 102–83, § 2(a). Statutory Notes and Related Subsidiaries DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT TO PROVIDE CERTAIN NOTICE TO PERSONS FILING CLAIMS FOR DAMAGE, INJURY, OR DEATH ON STANDARD FORM 95 Pub. L. 116–315, title VII, § 7010, Jan. 5, 2021, 134 Stat. 5061, provided that: ‘‘Not later than 90 days after the date on which a person submits to the Secretary of Veterans Affairs a claim for damage, injury, or death on Standard Form 95, or any successor form, the Sec- retary shall provide to such person notice of each of the following: ‘‘(1) The benefit of obtaining legal advice con- cerning such claim. ‘‘(2) The employment status of any individual listed on the form. ‘‘(3) If the claim involves a contractor that entered into an agreement with the Secretary, the impor- tance of obtaining legal advice as to the statute of limitations regarding the claim in the State in which the claim arose.’’ § 516. Equal employment responsibilities (a)(1) The Secretary shall provide that the em- ployment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to ensure that the system is administered in an objective, fair, and effective manner and in a manner that is per- ceived by employees and other interested parties as being objective, fair, and effective. (2) The Secretary shall ensure that the em- ployment discrimination complaint resolution system established under paragraph (1) requires that any manager of the Department who re- ceives a sexual or other harassment or employ- ment discrimination complaint reports such complaint to the Office of Resolution Manage- ment, or successor office, immediately, or if such immediate reporting is impracticable, not later than two days after the date on which the manager receives the complaint. (b) The Secretary shall provide— (1) that employees responsible for counseling functions associated with employment dis- crimination and for receiving, investigating, and processing complaints of employment dis- crimination shall be supervised in those func- tions by, and report to, an Assistant Secretary or a Deputy Assistant Secretary, in accord- ance with subsection (h)(2), for complaint res- olution management; and (2) that employees performing employment discrimination complaint resolution functions at a facility of the Department shall not be subject to the authority, direction, and con- trol of the Director of the facility with respect to those functions. (c)(1) The Secretary shall ensure that all em- ployees of the Department receive adequate edu- cation and training for the purposes of this sec- tion and section 319 of this title. (2)(A) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Vet- erans Benefits and Health Care Improvement Act of 2022, the Secretary shall provide to each employee of the Department mandatory annual training on identifying and addressing sexual and other harassment and employment discrimi- nation, including with respect to processes under the Harassment Prevention Program of the Department, or such successor program. (B) An employee of the Department who is hired on or after such date shall receive the first such mandatory annual training not later than 60 days after being hired. (d) The Secretary shall, when appropriate, im- pose disciplinary measures, as authorized by law, in the case of employees of the Department who engage in unlawful employment discrimina- tion, including retaliation against an employee asserting rights under an equal employment op- portunity law. (e)(1)(A) Not later than 45 days after the end of each calendar quarter, the Secretary shall sub-