38 U.S.C. § 301 — Department

Page 53 TITLE 38—VETERANS’ BENEFITS § 301 Oct. 19, 1984, 98 Stat. 2686; Pub. L. 99–576, title II, § 211, Oct. 28, 1986, 100 Stat. 3257, related to security and law enforcement on property under jurisdiction of Vet- erans’ Administration. See section 901 et seq. of this title. Section 219, added Pub. L. 93–508, title II, § 213(a), Dec. 3, 1974, 88 Stat. 1586; amended Pub. L. 99–576, title VII, § 701(12), Oct. 28, 1986, 100 Stat. 3291, related to evalua- tion of programs and collection of data. See section 527 of this title. Section 220, added Pub. L. 93–508, title II, § 213(a), Dec. 3, 1974, 88 Stat. 1587; amended Pub. L. 96–466, title VII, § 701(a), (b)(1), Oct. 17, 1980, 94 Stat. 2215; Pub. L. 98–528, title I, § 106(a), (b)(1), Oct. 19, 1984, 98 Stat. 2690, related to coordination and promotion of other programs af- fecting veterans and their dependents. See section 523 of this title. Section 221, added Pub. L. 97–37, § 2(a), Aug. 14, 1981, 95 Stat. 935, established Advisory Committee on Former Prisoners of War. See section 541 of this title. Section 222, added Pub. L. 98–160, title III, § 301(a), Nov. 21, 1983, 97 Stat. 1003, established Advisory Com- mittee on Women Veterans. See section 542 of this title. Section 223, added Pub. L. 100–687, div. A, title I, § 102(a)(1), Nov. 18, 1988, 102 Stat. 4106, related to rule- making procedures and judicial review. See sections 501 and 502 of this title. Section 224, added Pub. L. 100–322, title II, § 203(b)(1), May 20, 1988, 102 Stat. 509, § 223; renumbered § 224, Pub. L. 101–94, title III, § 302(d)(1), Aug. 16, 1989, 103 Stat. 628, related to administrative settlement of tort claims. See section 515 of this title. Section 230, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 86–103, July 23, 1959, 73 Stat. 224; Pub. L. 87–815, § 5, Oct. 15, 1962, 76 Stat. 927; Pub. L. 91–338, July 16, 1970, 84 Stat. 437; Pub. L. 93–82, title IV, § 401, Aug. 2, 1973, 87 Stat. 196; Pub. L. 95–520, § 2, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 96–22, title V, § 503(a), June 13, 1979, 93 Stat. 65; Pub. L. 96–385, title V, § 501, Oct. 7, 1980, 94 Stat. 1533; Pub. L. 97–295, § 4(6), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99–108, § 1, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99–166, title IV, § 402, Dec. 3, 1985, 99 Stat. 957; Pub. L. 99–576, title VII, § 701(13), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 100–689, title V, § 501(a), Nov. 18, 1988, 102 Stat. 4179; Pub. L. 101–237, title VI, § 603(a), Dec. 18, 1989, 103 Stat. 2095, re- lated to Central Office and regional offices. See sec- tions 314 to 316 of this title. Section 231, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116, related to placement of employees in military installa- tions. See section 701 of this title. Section 232, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116, which authorized Administrator to contract for serv- ices of translators without regard to certain provisions of law, was repealed by Pub. L. 91–24, § 2(a), June 11, 1969, 83 Stat. 33. Section 233, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 87–574, § 1(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89–785, title III, § 303(a), (b), Nov. 7, 1966, 80 Stat. 1376, 1377; Pub. L. 99–576, title VII, §§ 701(14), 702(2), Oct. 28, 1986, 100 Stat. 3291, 3301, related to providing employee’s apparel, transportation of employee children, rec- reational facilities, educational information, reim- bursement for personal property, and emergency trans- portation. See section 703 of this title. Section 234, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1117; Pub. L. 93–82, title IV, § 402(a), (c), Aug. 2, 1973, 87 Stat. 196, related to telephone service for medical officers and facility directors. See section 705 of this title. Section 235, added Pub. L. 86–116, § 1, July 28, 1959, 73 Stat. 265; amended Pub. L. 87–815, § 6, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89–300, § 1(c), Oct. 28, 1965, 79 Stat. 1110; Pub. L. 96–22, title V, § 503(b), (c)(1), June 13, 1979, 93 Stat. 65; Pub. L. 96–465, title II, § 2206(g), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99–576, title VII, §§ 701(15), 702(3), Oct. 28, 1986, 100 Stat. 3291, 3301, related to benefits to employees at overseas offices who are United States citizens. See section 707 of this title. Section 236, added Pub. L. 89–300, § 1(a), Oct. 28, 1965, 79 Stat. 1110; amended Pub. L. 99–576, title VII, § 701(16), Oct. 28, 1986, 100 Stat. 3292, related to administrative settlement of tort claims arising in foreign countries. See section 515 of this title. Section 240, added Pub. L. 91–219, title II, § 214(a), Mar. 26, 1970, 84 Stat. 84; amended Pub. L. 92–540, title IV, § 410(a), Oct. 24, 1972, 86 Stat. 1092, described purpose and defined terms for veterans outreach services pro- gram. Section 241, added Pub. L. 91–219, title II, § 214(a), Mar. 26, 1970, 84 Stat. 84; amended Pub. L. 92–540, title IV, § 410(b), Oct. 24, 1972, 86 Stat. 1092; Pub. L. 93–508, title II, § 214(1), (2), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99–576, title VII, §§ 701(17), 702(4), Oct. 28, 1986, 100 Stat. 3292, 3301, related to outreach services. Section 242, added Pub. L. 91–219, title II, § 214(a), Mar. 26, 1970, 84 Stat. 85; amended Pub. L. 93–508, title II, § 214(3), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99–576, title VII, § 701(18), Oct. 28, 1986, 100 Stat. 3292, related to vet- erans assistance offices. Section 243, added Pub. L. 93–508, title II, § 214(4), Dec. 3, 1974, 88 Stat. 1587; amended Pub. L. 97–295, § 4(7), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 97–306, title II, § 201(a), Oct. 14, 1982, 96 Stat. 1433, related to outstationing of counseling and outreach personnel. Section 244, added Pub. L. 91–219, title II, § 214(a), Mar. 26, 1970, 84 Stat. 85, § 243; renumbered § 244 and amended Pub. L. 93–508, title II, § 214(4), (5), Dec. 3, 1974, 88 Stat. 1587, 1588; Pub. L. 96–466, title V, § 501, Oct. 17, 1980, 94 Stat. 2202; Pub. L. 99–576, title VII, § 701(19), Oct. 28, 1986, 100 Stat. 3292, related to utilization of other agencies. Section 245, added Pub. L. 91–219, title II, § 214(a), Mar. 26, 1970, 84 Stat. 85, § 244; renumbered § 245, Pub. L. 93–508, title II, § 214(4), Dec. 3, 1974, 88 Stat. 1587, related to an annual report to Congress on the effectiveness of outreach programs. Section 246, added Pub. L. 95–202, title III, § 310(b)(1), Nov. 23, 1977, 91 Stat. 1446; amended Pub. L. 95–336, § 6(b), Aug. 4, 1978, 92 Stat. 453; Pub. L. 97–295, § 4(8), Oct. 12, 1982, 96 Stat. 1305, related to veterans cost-of-in- struction payments to institutions of higher learning. AMENDMENTS 2022—Pub. L. 117–168, § 1(b)(2), title VIII, § 805(a), Aug. 10, 2022, 136 Stat. 1759, 1804, added item 324. 2017—Pub. L. 115–41, title I, § 101(c), June 23, 2017, 131 Stat. 865, added item 323. 2008—Pub. L. 110–389, title II, § 222(b), title VII, § 703(b), Oct. 10, 2008, 122 Stat. 4156, 4184, added items 321 and 322. 2006—Pub. L. 109–461, title VIII, § 811(b), Dec. 22, 2006, 120 Stat. 3447, added item 312A. 2003—Pub. L. 108–136, div. A, title V, § 583(a)(2), Nov. 24, 2003, 117 Stat. 1491, added item 320. 1998—Pub. L. 105–368, title IV, § 403(c)(1)(B), Nov. 11, 1998, 112 Stat. 3338, substituted ‘‘Under Secretary for Memorial Affairs’’ for ‘‘Director of the National Ceme- tery System’’ in item 307. 1997—Pub. L. 105–114, title I, § 102(a)(2), Nov. 21, 1997, 111 Stat. 2281, added item 319. 1996—Pub. L. 104–106, div. E, title LVI, § 5608(b), Feb. 10, 1996, 110 Stat. 702, substituted ‘‘Chief Information Officer’’ for ‘‘Chief Information Resources Officer’’ in item 310. 1994—Pub. L. 103–446, title V, § 509(b), Nov. 2, 1994, 108 Stat. 4668, substituted ‘‘Center for Minority Veterans’’ for ‘‘Chief Minority Affairs Officer’’ in item 317 and added item 318. 1992—Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984, substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’ in item 305 and ‘‘Under Secretary for Benefits’’ for ‘‘Chief Benefits Di- rector’’ in item 306. 1991—Pub. L. 102–218, § 1(b), Dec. 11, 1991, 105 Stat. 1672, added item 317. § 301. Department (a) The Department of Veterans Affairs is an executive department of the United States. Page 54 TITLE 38—VETERANS’ BENEFITS § 301 (b) The purpose of the Department is to ad- minister the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans. (c) The Department is composed of the fol- lowing: (1) The Office of the Secretary. (2) The Veterans Health Administration. (3) The Veterans Benefits Administration. (4) The National Cemetery Administration. (5) The Board of Veterans’ Appeals. (6) The Veterans’ Canteen Service. (7) The Board of Contract Appeals. (8) Such other offices and agencies as are es- tablished or designated by law or by the Presi- dent or the Secretary. (9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8). (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 378; amended Pub. L. 105–368, title IV, § 403(a)(2), Nov. 11, 1998, 112 Stat. 3338.) Editorial Notes PRIOR PROVISIONS Prior section 301 was renumbered section 1101 of this title. Provisions similar to those in subsec. (a) of this sec- tion were contained in section 2 of Pub. L. 100–527, known as the Department of Veterans Affairs Act. Provisions similar to those in subsec. (b) of this sec- tion were contained in section 201 of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 1998—Subsec. (c)(4). Pub. L. 105–368 substituted ‘‘Ad- ministration’’ for ‘‘System’’. Statutory Notes and Related Subsidiaries DEPARTMENT OF VETERANS AFFAIRS PERSONNEL TRANSPARENCY Pub. L. 116–159, div. E, title I, § 5108, Oct. 1, 2020, 134 Stat. 749, provided that: ‘‘Not later than October 31, 2022, and October 31, 2024, and as frequently thereafter as the Inspector General of the Department of Veterans Affairs considers appropriate, the Inspector General shall— ‘‘(1) review the administration of the internet website required by section 505(a)(1) of the VA MISSION Act of 2018 (Public Law 115–182; 132 Stat. 1477; 38 U.S.C. 301 note); ‘‘(2) develop recommendations for such legislative or administrative action as the Inspector General con- siders appropriate for such administration; and ‘‘(3) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on— ‘‘(A) the findings of the Inspector General with re- spect to the most recent review conducted under paragraph (1); and ‘‘(B) the recommendations most recently developed under paragraph (2).’’ Pub. L. 115–182, title V, § 505, June 6, 2018, 132 Stat. 1477, as amended by Pub. L. 116–315, title III, § 3008, Jan. 5, 2021, 134 Stat. 4996, provided that: ‘‘(a) PUBLICATION OF STAFFING AND VACANCIES.— ‘‘(1) WEBSITE REQUIRED.—Subject to paragraph (2) and not later than 90 days after the date of the enact- ment of this Act [June 6, 2018], the Secretary of Vet- erans Affairs shall make publicly available on an Internet website of the Department of Veterans Af- fairs the following information, which shall, subject to subparagraph (D), be displayed by departmental component or, in the case of information relating to Veterans Health Administration positions, by med- ical facility: ‘‘(A) The number of personnel encumbering posi- tions. ‘‘(B) The number of accessions and separation ac- tions processed during the quarter preceding the date of the publication of the information. ‘‘(C) The number of vacancies, by occupation. ‘‘(D) The percentage of new hires for the Depart- ment who were hired within the time-to-hire target of the Office of Personnel Management, disaggregated by administration. ‘‘(E) Beginning with any update under paragraph (3) on or after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 [Jan. 5, 2021], the following: ‘‘(i) For employees appointed under paragraphs (1) and (3) of section 7401 of title 38, United States Code, the number of employees for which the du- ration of the process from validation of vacancy to receipt of official offer and notification of ac- tual start date exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Ad- ministration, or successor model. ‘‘(ii) The percentage of employees who are de- scribed in clause (i) compared to all employees appointed under paragraphs (1) and (3) of section 7401 of such title during the same period. ‘‘(iii) The average number of days potential hires or new hires appointed under paragraphs (1) and (3) of section 7401 of such title spent in each phase of the Time to Hire Model, or successor model. ‘‘(2) EXCEPTIONS.—The Secretary may withhold from publication under paragraph (1) information re- lating to law enforcement, information security, or such positions in the Department that the Secretary determines to be sensitive. ‘‘(3) UPDATE OF INFORMATION.—The Secretary shall update the information on the website required under paragraph (1) on a quarterly basis. ‘‘(4) TREATMENT OF CONTRACTOR POSITIONS.—Any Department of Veterans Affairs position that is filled with a contractor may not be treated as a Depart- ment position for purposes of the information re- quired to be published under paragraph (1). ‘‘(5) INSPECTOR GENERAL REVIEW.—On a semi-annual basis, the Inspector General of the Department shall review the administration of the website required under paragraph (1) and make recommendations re- lating to the improvement of such administration. ‘‘(b) REPORT TO CONGRESS.—The Secretary of Vet- erans Affairs shall submit to Congress an annual report on the steps the Department is taking to achieve full staffing capacity and to improve the onboard timeline for facilities for which the duration of the onboarding process exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model. Each such report shall include the amount of additional funds necessary to enable the De- partment to reach full staffing capacity.’’ DEPARTMENT OF VETERANS AFFAIRS FRANCHISE FUND Pub. L. 104–204, title I, Sept. 26, 1996, 110 Stat. 2880, as amended by Pub. L. 109–114, title II, § 208, Nov. 30, 2005, 119 Stat. 2389, provided in part that: ‘‘There is hereby established in the Treasury a Department of Veterans Affairs franchise fund, to be available without fiscal year limitation for expenses and equipment necessary for the maintenance and operation of such administra- tive services as the Secretary determines may be per- formed more advantageously as central services: Pro- vided, That any inventories, equipment and other as- sets pertaining to the services to be provided by the franchise fund, either on hand or on order, less the re- lated liabilities or unpaid obligations, and any appro- priations made hereafter for the purpose of providing capital, shall be used to capitalize the franchise fund: Page 55 TITLE 38—VETERANS’ BENEFITS § 301 Provided further, That the franchise fund may be paid in advance from funds available to the Department and other Federal agencies for which such centralized serv- ices are performed, at rates which will return in full all expenses of operation, including accrued leave, depre- ciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as deter- mined by the Secretary: Provided further, That the fran- chise fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Departmental financial management, ADP, and other support sys- tems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury.’’ RENAMING OF VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION Pub. L. 102–40, § 2, May 7, 1991, 105 Stat. 187, provided that: ‘‘(a) RENAMING.—The establishment in the Depart- ment of Veterans Affairs known as the Veterans Health Services and Research Administration is hereby redes- ignated as the Veterans Health Administration. ‘‘(b) REFERENCES.—Any reference to the Veterans Health Services and Research Administration (or to the Department of Medicine and Surgery of the Veterans’ Administration) in any Federal law, Executive order, regulation, delegation of authority, or document of or pertaining to the Department of Veterans Affairs shall be deemed to refer to the Veterans Health Administra- tion.’’ DEPARTMENT OF VETERANS AFFAIRS ACT Pub. L. 100–527, §§ 1–12, 14, 16, 18, Oct. 25, 1988, 102 Stat. 2635–2642, 2644, 2645, 2648, as amended by Pub. L. 101–94, title IV, § 401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–576, title II, § 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102–83, § 3, Aug. 6, 1991, 105 Stat. 402, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act [see Tables for classification] may be cited as the ‘Department of Veterans Affairs Act’. ‘‘SEC. 2. ESTABLISHMENT OF VETERANS’ ADMIN- ISTRATION AS AN EXECUTIVE DEPARTMENT. ‘‘The Veterans’ Administration is hereby redesig- nated as the Department of Veterans Affairs and shall be an executive department in the executive branch of the Government. ‘‘[SECS. 3 to 5. Repealed. Pub. L. 102–83, § 3(3), Aug. 6, 1991, 105 Stat. 402.] ‘‘SEC. 6. VETERANS HEALTH SERVICES AND RE- SEARCH ADMINISTRATION. ‘‘The establishment within the Veterans’ Administra- tion known as the Department of Medicine and Surgery is hereby redesignated as the Veterans Health Services and Research Administration of the Department of Veterans Affairs. ‘‘SEC. 7. VETERANS BENEFITS ADMINISTRATION. ‘‘The establishment within the Veterans’ Administra- tion known as the Department of Veterans’ Benefits is hereby redesignated as the Veterans Benefits Adminis- tration of the Department of Veterans Affairs. ‘‘SEC. 8. OFFICE OF THE GENERAL COUNSEL. ‘‘[(a) Repealed. Pub. L. 102–83, § 3(3), Aug. 6, 1991, 105 Stat. 402.] ‘‘(b) CONTINUATION OF SERVICE OF GENERAL COUN- SEL.—The individual serving on the effective date of this Act [Mar. 15, 1989] as the General Counsel of the Veterans’ Administration may act as the General Counsel of the Department of Veterans Affairs until a person is appointed under this Act to that office. ‘‘SEC. 9. OFFICE OF THE INSPECTOR GENERAL. ‘‘(a) REDESIGNATION.—The Office of Inspector General of the Veterans’ Administration, established in accord- ance with the Inspector General Act of 1978 [Pub. L. 95–452, formerly set out in the Appendix to Title 5, Gov- ernment Organization and Employees, see 5 U.S.C. 401 et seq.], is hereby redesignated as the Office of Inspec- tor General of the Department of Veterans Affairs. ‘‘[(b) Repealed. Pub. L. 102–83, § 3(3), Aug. 6, 1991, 105 Stat. 402.] ‘‘SEC. 10. REFERENCES. ‘‘Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Veterans’ Admin- istration— ‘‘(1) to the Administrator of Veterans’ Affairs shall be deemed to refer to the Secretary of Veterans Af- fairs; ‘‘(2) to the Veterans’ Administration shall be deemed to refer to the Department of Veterans Af- fairs; ‘‘(3) to the Deputy Administrator of Veterans’ Af- fairs shall be deemed to refer to the Deputy Secretary of Veterans Affairs; ‘‘(4) to the Chief Medical Director of the Veterans’ Administration shall be deemed to refer to the Chief Medical Director [now Under Secretary for Health] of the Department of Veterans Affairs; ‘‘(5) to the Department of Medicine and Surgery of the Veterans’ Administration shall be deemed to refer to the Veterans Health Services and Research Administration of the Department of Veterans Af- fairs; ‘‘(6) to the Chief Benefits Director of the Veterans’ Administration shall be deemed to refer to the Chief Benefits Director [now Under Secretary for Benefits] of the Department of Veterans Affairs; ‘‘(7) to the Department of Veterans’ Benefits of the Veterans’ Administration shall be deemed to refer to the Veterans Benefits Administration of the Depart- ment of Veterans Affairs; ‘‘(8) to the Chief Memorial Affairs Director of the Veterans’ Administration shall be deemed to refer to the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Af- fairs] of the Department of Veterans Affairs; and ‘‘(9) to the Department of Memorial Affairs of the Veterans’ Administration shall be deemed to refer to the National Cemetery System [now National Ceme- tery Administration] of the Department of Veterans Affairs. ‘‘SEC. 11. SAVINGS PROVISIONS. ‘‘(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privi- leges— ‘‘(1) which have been issued, made, granted, or al- lowed to become effective by the President, by the Administrator of Veterans’ Affairs, or by a court of competent jurisdiction, in the performance of func- tions of the Administrator or the Veterans’ Adminis- tration; and ‘‘(2) which are in effect on the effective date of this Act [Mar. 15, 1989]; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent ju- risdiction, or by operation of law. ‘‘(b) PROCEEDINGS NOT AFFECTED.—The provisions of this Act shall not affect any proceedings or any appli- cation for any benefits, service, license, permit, certifi- cate, or financial assistance pending before the Vet- erans’ Administration at the time this Act takes effect, but such proceedings and applications shall be contin- ued. Orders shall be issued in such proceedings, appeals Page 56 TITLE 38—VETERANS’ BENEFITS § 301 shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been en- acted, and orders issued in any such proceedings shall continue in effect until modified, terminated, super- seded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such pro- ceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been en- acted. ‘‘(c) SUITS NOT AFFECTED.—The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. ‘‘(d) NONABATEMENT OF ACTIONS.—No suit, action, or other proceeding commenced by or against the Vet- erans’ Administration, or by or against any individual in the official capacity of such individual as an officer of the Veterans’ Administration, shall abate by reason of the enactment of this Act. ‘‘(e) PROPERTY AND RESOURCES.—The contracts, li- abilities, records, property, and other assets and inter- ests of the Veterans’ Administration shall, after the ef- fective date of this Act, be considered to be the con- tracts, liabilities, records, property, and other assets and interests of the Department of Veterans Affairs. ‘‘(f) COMPENSATION FOR CONTINUED SERVICE.—Any per- son— ‘‘(1) who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e); ‘‘(2) who continues to serve as Chief Medical Direc- tor [now Under Secretary for Health] or Chief Bene- fits Director [now Under Secretary for Benefits] of such department under section 3(f) or (g), respec- tively; ‘‘(3) who acts as the Director of the National Ceme- tery System [now Under Secretary of Veterans Af- fairs for Memorial Affairs] under section 3(h); or ‘‘(4) who acts as General Counsel of the Department of Veterans Affairs under section 8(b); after the effective date of this Act and before the first appointment of a person to such position after such date shall continue to be compensated for so serving or acting at the rate at which such person was com- pensated before the effective date of this Act. ‘‘[SEC. 12. Repealed. Pub. L. 102–83, § 3(3), Aug. 6, 1991, 105 Stat. 402.] ‘‘SEC. 14. ADDITIONAL CONFORMING AMEND- MENTS. ‘‘After consultation with the appropriate committees of the Congress, the Secretary of Veterans Affairs shall prepare and submit to the Congress proposed legisla- tion containing technical and conforming amendments to title 38, United States Code, and to other provisions of law, which reflect the changes made by this Act. Such legislation shall be submitted not later than 6 months after the date of enactment of this Act [Oct. 25, 1988]. ‘‘[SEC. 16. Repealed. Pub. L. 102–83, § 3(3), Aug. 6, 1991, 105 Stat. 402.] ‘‘SEC. 18. EFFECTIVE DATE. ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this Act shall take effect on March 15, 1989. ‘‘(b) APPOINTMENT OF SECRETARY.—Notwithstanding any other provision of law or of this Act, the President may, any time after January 21, 1989, appoint an indi- vidual to serve as Secretary of the Department of Vet- erans Affairs.’’ Executive Documents ORDER OF SUCCESSION For order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Sec- retary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under section 3345 of Title 5, Govern- ment Organization and Employees. EX. ORD. NO. 13793. IMPROVING ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION AT THE DEPARTMENT OF VETERANS AFFAIRS Ex. Ord. No. 13793, Apr. 27, 2017, 82 F.R. 20539, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. This order is intended to improve accountability and whistleblower protection at the De- partment of Veterans Affairs (VA) by directing the Sec- retary of Veterans Affairs (Secretary) to establish within the VA an Office of Accountability and Whistle- blower Protection and to appoint a Special Assistant to serve as Executive Director of the Office. SEC. 2. Establishing a VA Office of Accountability and Whistleblower Protection. (a) Within 45 days of the date of this order, and to the extent permitted by law, the Secretary shall establish in the VA the Office of Ac- countability and Whistleblower Protection (Office), and shall appoint a Special Assistant, reporting directly to the Secretary, to serve as Executive Director of the Of- fice. The VA shall provide funding and administrative support for the Office, consistent with applicable law and subject to the availability of appropriations. (b) To the extent permitted by law, the Office shall: (i) advise and assist the Secretary in using, as appro- priate, all available authorities to discipline or termi- nate any VA manager or employee who has violated the public’s trust and failed to carry out his or her duties on behalf of veterans, and to recruit, reward, and retain high-performing employees; (ii) identify statutory barriers to the Secretary’s au- thority to discipline or terminate any employee who has jeopardized the health, safety, or well-being of a veteran, and to recruit, reward, and retain high-per- forming employees; and report such barriers to the Sec- retary for consideration as to the need for legislative changes; (iii) work closely with relevant VA components to en- sure swift and effective resolution of veterans’ com- plaints of wrongdoing at the VA; and (iv) work closely with relevant VA components to en- sure adequate investigation and correction of wrong- doing throughout the VA, and to protect employees who lawfully disclose wrongdoing from retaliation. (c) In establishing the Office, the Secretary shall con- sider, in addition to any other relevant factors: (i) whether some or all of the functions of the Office are currently performed by an existing VA office, com- ponent, or program; (ii) whether certain administrative capabilities nec- essary for operating the Office are redundant with those of another VA office, component, or program; and (iii) whether combining the Office with another VA office, component, or program may improve the VA’s efficiency, effectiveness, or accountability. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. Page 57 TITLE 38—VETERANS’ BENEFITS § 303 § 302. Seal (a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Depart- ment of such device as the President shall ap- prove. 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 Depart- ment, when authenticated by the seal and cer- tified by the Secretary (or by an officer or em- ployee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original there- of. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.) Editorial Notes PRIOR PROVISIONS Prior section 302 was renumbered section 1102 of this title. Provisions similar to those in this section were con- tained in section 202 of this title prior to repeal by Pub. L. 102–83, § 2(a). § 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 respon- sible for the proper execution and administra- tion of all laws administered by the Department and for the control, direction, and management of the Department. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 210(a), (b)(1) of this title and in second and third sentences of section 2 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §§ 2(a), 3(1). Statutory Notes and Related Subsidiaries PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF INFORMATION ACT REQUESTS Pub. L. 117–328, div. U, title IV, § 406, Dec. 29, 2022, 136 Stat. 5493, provided that: ‘‘(a) PLAN.— ‘‘(1) IN GENERAL.—The Secretary of Veterans Affairs shall establish and carry out a plan for the Secretary to meet, by not later than five years after the date of the enactment of this Act [Dec. 29, 2022], the require- ments of section 552 of title 5, United States Code, (commonly known as the ‘Freedom of Information Act’ or ‘FOIA’) with respect to providing documents and information under such section within the time- frames required by such section. ‘‘(2) ELEMENTS.—The plan required by paragraph (1) shall include the following: ‘‘(A) Improving and acquiring technology, includ- ing with respect to searching email and other elec- tronic information, and the timelines for such im- provement, to ensure that the information tech- nology of the Department of Veterans Affairs is ca- pable of carrying out the plan. ‘‘(B) Identification of efficient procedures, poli- cies, and systems of the Department that could be developed to allow employees of the Department re- sponsible for replying to requests under such sec- tion 552 to search and review documents rather than other employees of the Department. ‘‘(C) A schedule for carrying out the plan, includ- ing key milestones and metrics. ‘‘(b) COMPLIANCE ASSESSMENT.—The Secretary shall request the Director of the Office of Government Infor- mation Services of the National Archives and Records Administration to conduct an assessment of the com- pliance by the Department of Veterans Affairs with section 552 of title 5, United States Code. ‘‘(c) REPORTS.— ‘‘(1) INITIAL REPORT.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Sec- retary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a re- port on implementing subsections (a) and (b). ‘‘(B) CONTENTS.—The report required by subpara- graph (A) shall include the following: ‘‘(i) The plan established under subsection (a). ‘‘(ii) An analysis of the root causes of the back- log of Freedom of Information Act requests. ‘‘(iii) Recommendations with respect to any ad- ditional resources or legislative action the Sec- retary determines necessary for such implemen- tation. ‘‘(2) ANNUAL REPORTS.—During the five-year period following the date of the enactment of this Act, the Secretary shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an- nual reports on— ‘‘(A) carrying out the plan under subsection (a), including any updates or changes made to the plan; and ‘‘(B) the compliance by the Department as de- scribed in subsection (b). ‘‘(3) PUBLICATION.—The Secretary shall make pub- licly available on the internet website of the Depart- ment the reports under paragraphs (1) and (2) by not later than 30 days after the date on which the Sec- retary submits the reports to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives. ‘‘(d) DEFINITION OF BACKLOG OF FREEDOM OF INFORMA- TION ACT REQUESTS.—In this section, the term ‘backlog of Freedom of Information Act requests’ means the number of requests, as reported by the Secretary of Veterans Affairs to the Attorney General in the Annual FOIA Report, made by individuals to the Secretary pursuant to section 552 of title 5, United States Code, for documents or information that the Secretary has not fulfilled or provided a response to the individual.’’ WAIVER OF PAY CAPS FOR EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS DURING PUBLIC HEALTH EMERGENCIES Pub. L. 116–136, div. B, title X, § 20008, Mar. 27, 2020, 134 Stat. 588, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, the Secretary of Veterans Affairs may waive any limitation on pay for an employee of the De- partment of Veterans Affairs during a public health emergency for work done in support of response to the emergency. ‘‘(b) REPORTING.— ‘‘(1) IN GENERAL.—For each month that the Sec- retary waives a limitation under subsection (a), the Secretary shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the waiver. ‘‘(2) CONTENTS.—Each report submitted under para- graph (1) for a waiver or waivers in a month shall in- clude the following: ‘‘(A) Where the waiver or waivers were used, in- cluding in which component of the Department and, as the case may be, which medical center of the De- partment.