38 U.S.C. § 313 — Availability of appropriations

Page 67 TITLE 38—VETERANS’ BENEFITS § 313 duty of cooperating with the Office of Inspector Gen- eral of the Department. ‘‘(b) TIMING OF TRAINING.—In carrying out subsection (a), the Secretary shall require each employee of the Department covered under such subsection to undergo the training required by such subsection not later than one year after the date on which the employee begins employment with the Department. ‘‘(c) ELEMENTS.—Training developed and required under subsection (a) shall include the following: ‘‘(1) Definition of the role, responsibilities, and legal authority of the Inspector General of the De- partment and the duties of employees of the Depart- ment for engaging with the Office of Inspector Gen- eral. ‘‘(2) Identification of Federal whistleblower protec- tion rights, including the right to report fraud, waste, abuse, and other wrongdoing to Congress. ‘‘(3) Identification of the circumstances and mecha- nisms for reporting fraud, waste, abuse, and other wrongdoing to the Inspector General, including mak- ing confidential complaints to the Inspector General. ‘‘(4) Identification of the prohibitions and remedies that help to protect employees of the Department from retaliation when reporting wrongdoing to the Inspector General. ‘‘(5) Recognition of opportunities to engage with staff of the Office of Inspector General to improve programs, operations, and services of the Depart- ment. ‘‘(6) Notification of the authority of the Inspector General to subpoena the attendance and testimony of witnesses, including former employees of the Depart- ment, as necessary to carry out the duties of the Of- fice of Inspector General under section 312 of title 38, United States Code. ‘‘(d) DESIGN AND UPDATE.—The Inspector General of the Department shall design, and update as the Inspec- tor General considers appropriate, the training devel- oped and required by subsection (a). ‘‘(e) SYSTEM.—The Secretary shall provide, via the talent management system of the Department, or suc- cessor system, the training developed and required under subsection (a). ‘‘(f) RELATION TO CERTAIN TRAINING.—The Secretary shall ensure that training developed and required under subsection (a) is separate and distinct from training provided under section 733 of title 38, United States Code. ‘‘(g) NOTICE TO EMPLOYEES.—The Secretary shall en- sure that the Inspector General is afforded the oppor- tunity, not less frequently than twice each year and more frequently if the Inspector General considers ap- propriate under extraordinary circumstances, to use the electronic mail system of the Department to notify all authorized users of such system of the following: ‘‘(1) The roles and responsibilities of the employees of the Department when engaging with the Office of Inspector General. ‘‘(2) The availability of training provided under sub- section (a). ‘‘(3) How to access training provided under sub- section (a). ‘‘(4) Information about how to contact the Office of Inspector General, including a link to any website- based reporting form of the Office.’’ § 312A. Director of Construction and Facilities Management (a) IN GENERAL.—(1) There is in the Depart- ment a Director of Construction and Facilities Management, who shall be appointed by the Sec- retary. (2) The position of Director of Construction and Facilities Management is a career reserved position, as such term is defined in section 3132(a)(8) of title 5. (3) The Director shall provide direct support to the Secretary in matters covered by the respon- sibilities of the Director under subsection (c). (4) The Director shall report to the Deputy Secretary in the discharge of the responsibilities of the Director under subsection (c). (b) QUALIFICATIONS.—Each individual ap- pointed as Director of Construction and Facili- ties Management shall be an individual who— (1) holds an undergraduate or master’s de- gree in architectural design or engineering; and (2) has substantive professional experience in the area of construction project manage- ment. (c) RESPONSIBILITIES.—(1) The Director of Con- struction and Facilities Management shall— (A) be responsible for overseeing and man- aging the planning, design, construction, and operation of facilities and infrastructure of the Department, including major and minor construction projects; and (B) perform such other functions as the Sec- retary shall prescribe. (2) In carrying out the oversight and manage- ment of construction and operation of facilities and infrastructure under this section, the Direc- tor shall be responsible for the following: (A) Development and updating of short- range and long-range strategic capital invest- ment strategies and plans of the Department. (B) Planning, design, and construction of fa- cilities for the Department, including deter- mining architectural and engineering require- ments and ensuring compliance of the Depart- ment with applicable laws relating to the con- struction program of the Department. (C) Management of the short-term and long- term leasing of real property by the Depart- ment. (D) Repair and maintenance of facilities of the Department, including custodial services, building management and administration, and maintenance of roads, grounds, and infrastruc- ture. (E) Management of procurement and acquisi- tion processes relating to the construction and operation of facilities of the Department, in- cluding the award of contracts related to de- sign, construction, furnishing, and supplies and equipment. (Added Pub. L. 109–461, title VIII, § 811(a), Dec. 22, 2006, 120 Stat. 3446.) § 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. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383.) Editorial Notes PRIOR PROVISIONS Prior section 313 was renumbered section 1113 of this title. Page 68 TITLE 38—VETERANS’ BENEFITS § 314 Provisions similar to those in this section were con- tained in section 203 of this title prior to repeal by Pub. L. 102–83, § 2(a). Statutory Notes and Related Subsidiaries RECURRING EXPENSES TRANSFORMATIONAL FUND Pub. L. 114–113, div. J, title II, § 243, Dec. 18, 2015, 129 Stat. 2701, provided that: ‘‘There is hereby established in the Treasury of the United States a fund to be known as the ‘Recurring Expenses Transformational Fund’ (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated in this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Veterans Affairs by this or any other Act may be transferred (at the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which ap- propriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for facilities infrastruc- ture improvements, including nonrecurring mainte- nance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems improvements and sustainment, subject to ap- proval by the Office of Management and Budget: Pro- vided further, That prior to obligation of any amounts in the Fund, the Secretary of Veterans Affairs shall re- quest from the Committees on Appropriations of both Houses of Congress the authority to make such obliga- tion and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.’’ § 314. Central Office The Central Office of the Department shall be in the District of Columbia. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383.) Editorial Notes PRIOR PROVISIONS Prior section 314 was renumbered section 1114 of this title. Provisions similar to those in this section were con- tained in section 230(a) of this title prior to repeal by Pub. L. 102–83, § 2(a). § 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 nec- essary. (b) The Secretary may maintain a regional of- fice in the Republic of the Philippines until Sep- tember 30, 2025. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 384; amended Pub. L. 102–291, § 1(a), May 20, 1992, 106 Stat. 178; Pub. L. 103–210, § 2(c), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 103–446, title V, § 502, Nov. 2, 1994, 108 Stat. 4663; Pub. L. 106–117, title VIII, § 802, Nov. 30, 1999, 113 Stat. 1586; Pub. L. 108–183, title II, § 213, Dec. 16, 2003, 117 Stat. 2658; Pub. L. 111–117, div. E, title II, § 228, Dec. 16, 2009, 123 Stat. 3307; Pub. L. 111–275, title VIII, § 807(a), Oct. 13, 2010, 124 Stat. 2893; Pub. L. 112–74, div. H, title II, § 234, Dec. 23, 2011, 125 Stat. 1160; Pub. L. 112–191, title II, § 202, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, § 7, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title IV, § 402, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 403, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 402, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title IV, § 402, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 162, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–61, § 3, Sept. 30, 2019, 133 Stat. 1116; Pub. L. 116–159, div. E, title II, § 5203, Oct. 1, 2020, 134 Stat. 750; Pub. L. 117–180, div. E, title II, § 202, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 118–83, div. B, title III, § 333, Sept. 26, 2024, 138 Stat. 1541.) Editorial Notes PRIOR PROVISIONS Prior section 315 was renumbered section 1115 of this title. Provisions similar to those in this section were con- tained in section 230(a), (b) of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 2024—Subsec. (b). Pub. L. 118–83 substituted ‘‘Sep- tember 30, 2025’’ for ‘‘September 30, 2024’’. 2022—Subsec. (b). Pub. L. 117–180 substituted ‘‘Sep- tember 30, 2024’’ for ‘‘September 30, 2022’’. 2020—Subsec. (b). Pub. L. 116–159 substituted ‘‘Sep- tember 30, 2022’’ for ‘‘September 30, 2020’’. 2019—Subsec. (b). Pub. L. 116–61 substituted ‘‘Sep- tember 30, 2020’’ for ‘‘September 30, 2019’’. 2018—Subsec. (b). Pub. L. 115–251 substituted ‘‘Sep- tember 30, 2019’’ for ‘‘September 30, 2018’’. 2017—Subsec. (b). Pub. L. 115–62 substituted ‘‘Sep- tember 30, 2018’’ for ‘‘September 30, 2017’’. 2016—Subsec. (b). Pub. L. 114–228 substituted ‘‘Sep- tember 30, 2017’’ for ‘‘September 30, 2016’’. 2015—Subsec. (b). Pub. L. 114–58 substituted ‘‘Sep- tember 30, 2016’’ for ‘‘September 30, 2015’’. 2014—Subsec. (b). Pub. L. 113–175 substituted ‘‘Sep- tember 30, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (b). Pub. L. 113–59 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. 2012—Subsec. (b). Pub. L. 112–191 substituted ‘‘Decem- ber 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (b). Pub. L. 112–74 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. 2010—Subsec. (b). Pub. L. 111–275 substituted ‘‘Decem- ber 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (b). Pub. L. 111–117 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2003—Subsec. (b). Pub. L. 108–183 substituted ‘‘Decem- ber 31, 2009’’ for ‘‘December 31, 2003’’. 1999—Subsec. (b). Pub. L. 106–117 substituted ‘‘Decem- ber 31, 2003’’ for ‘‘December 31, 1999’’. 1994—Subsec. (b). Pub. L. 103–446 substituted ‘‘Decem- ber 31, 1999’’ for ‘‘December 31, 1994’’. 1993—Subsec. (b). Pub. L. 103–210 substituted ‘‘Decem- ber 31, 1994’’ for ‘‘March 31, 1994’’. 1992—Subsec. (b). Pub. L. 102–291 substituted ‘‘March 31, 1994’’ for ‘‘September 30, 1991’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–291, § 1(b), May 20, 1992, 106 Stat. 178, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect as of Sep- tember 30, 1991.’’ EFFECT OF AMENDMENT Pub. L. 112–191, title II, § 202, Oct. 5, 2012, 126 Stat. 1439, provided that this section shall be carried out as amended by section 202 of Pub. L. 112–191 notwith- standing the date described in section 151 of Pub. L. 112–175 (126 Stat. 1323). RATIFICATION OF MAINTENANCE OF OFFICE DURING LAPSED PERIOD Pub. L. 102–291, § 1(c), May 20, 1992, 106 Stat. 178, pro- vided that: ‘‘Any action of the Secretary of Veterans