38 U.S.C. § 318 — Center for Women Veterans

Page 70 TITLE 38—VETERANS’ BENEFITS § 318 (b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years. (c) The Director reports directly to the Sec- retary or the Deputy Secretary concerning the activities of the Center. (d) The Director shall perform the following functions with respect to veterans who are mi- norities: (1) Serve as principal adviser to the Sec- retary on the adoption and implementation of policies and programs affecting veterans who are minorities. (2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which vet- erans who are minorities are eligible. (3) Promote the use of benefits authorized by this title by veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with out- reach activities carried out under chapter 77 of this title. (4) Disseminate information and serve as a resource center for the exchange of informa- tion regarding innovative and successful pro- grams which improve the services available to veterans who are minorities. (5) Conduct and sponsor appropriate social and demographic research on the needs of vet- erans who are minorities and the extent to which programs authorized under this title meet the needs of those veterans, without re- gard to any law concerning the collection of information from the public. (6) Analyze and evaluate complaints made by or on behalf of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the ap- propriate official of the Department of the re- sults of such analysis or evaluation. (7) Consult with, and provide assistance and information to, officials responsible for ad- ministering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minorities. (8) Advise the Secretary when laws or poli- cies have the effect of discouraging the use of benefits by veterans who are minorities. (9) Publicize the results of medical research which are of particular significance to vet- erans who are minorities. (10) Advise the Secretary and other appro- priate officials on the effectiveness of the De- partment’s efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a–2) with respect to the inclusion of minorities in clinical research and on par- ticular health conditions affecting the health of members of minority groups which should be studied as part of the Department’s medical research program and promote cooperation be- tween the Department and other sponsors of medical research of potential benefit to vet- erans who are minorities. (11) Provide support and administrative services to the Advisory Committee on Minor- ity Veterans provided for under section 544 of this title. (12) Perform such other duties consistent with this section as the Secretary shall pre- scribe. (e) The Secretary shall ensure that the Direc- tor is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner. (f) The Secretary shall include in documents submitted to Congress by the Secretary in sup- port of the President’s budget for each fiscal year— (1) detailed information on the budget for the Center; (2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and (3) a report on the activities and significant accomplishments of the Center during the pre- ceding fiscal year. (g) In this section— (1) The term ‘‘veterans who are minorities’’ means veterans who are minority group mem- bers. (2) The term ‘‘minority group member’’ has the meaning given such term in section 544(d) of this title. (Added Pub. L. 103–446, title V, § 509(a), Nov. 2, 1994, 108 Stat. 4665; amended Pub. L. 104–275, title V, § 501(a)–(c), Oct. 9, 1996, 110 Stat. 3340.) Editorial Notes PRIOR PROVISIONS Prior section 317, added Pub. L. 102–218, § 1(a), Dec. 11, 1991, 105 Stat. 1671; amended Pub. L. 103–446, title XII, § 1201(e)(4), Nov. 2, 1994, 108 Stat. 4685, related to Chief Minority Affairs Officer, prior to repeal by Pub. L. 103–446, § 509(a). AMENDMENTS 1996—Subsec. (b). Pub. L. 104–275, § 501(a), inserted ‘‘career or’’ before ‘‘noncareer’’. Subsec. (d)(10) to (12). Pub. L. 104–275, § 501(b), added pars. (10) and (11) and redesignated former par. (10) as (12). Subsec. (g). Pub. L. 104–275, § 501(c), added subsec. (g). § 318. Center for Women Veterans (a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director. (b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years. (c) The Director reports directly to the Sec- retary or the Deputy Secretary concerning the activities of the Center. (d) The Director shall perform the following functions with respect to veterans who are women: (1) Serve as principal adviser to the Sec- retary on the adoption and implementation of policies and programs affecting veterans who are women. (2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Page 71 TITLE 38—VETERANS’ BENEFITS § 318 Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which vet- erans who are women are eligible. (3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach ac- tivities carried out under chapter 77 of this title. (4) Disseminate information and serve as a resource center for the exchange of informa- tion regarding innovative and successful pro- grams which improve the services available to veterans who are women. (5) Conduct and sponsor appropriate social and demographic research on the needs of vet- erans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. (6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the ap- propriate official of the Department of the re- sults of such analysis or evaluation. (7) Consult with, and provide assistance and information to, officials responsible for ad- ministering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women. (8) Advise the Secretary when laws or poli- cies have the effect of discouraging the use of benefits by veterans who are women. (9) Publicize the results of medical research which are of particular significance to vet- erans who are women. (10) Advise the Secretary and other appro- priate officials on the effectiveness of the De- partment’s efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on par- ticular health conditions affecting women’s health which should be studied as part of the Department’s medical research program and promote cooperation between the Department and other sponsors of medical research of po- tential benefit to veterans who are women. (11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title. (12) Perform such other duties consistent with this section as the Secretary shall pre- scribe. (e) The Secretary shall ensure that the Direc- tor is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner. (f) The Secretary shall include in documents submitted to Congress by the Secretary in sup- port of the President’s budget for each fiscal year— (1) detailed information on the budget for the Center; (2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and (3) a report on the activities and significant accomplishments of the Center during the pre- ceding fiscal year. (Added Pub. L. 103–446, title V, § 509(a), Nov. 2, 1994, 108 Stat. 4666; amended Pub. L. 104–275, title V, § 501(a), (d), Oct. 9, 1996, 110 Stat. 3340, 3341.) Editorial Notes PRIOR PROVISIONS Prior sections 321, 322, and 331 to 335 were renumbered sections 1121, 1122, and 1131 to 1135 of this title, respec- tively. Prior section 336, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under subchapter IV of chapter 11 of this title, prior to repeal by Pub. L. 92–328, title I, § 108(c), title III, § 301(b), June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973. Prior sections 337, 341, and 342 were renumbered sec- tions 1137, 1141, and 1142 of this title, respectively. Prior section 343, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, prescribed conditions under which wartime rates of compensation were payable, prior to repeal by Pub. L. 93–295, title II, § 206(b), title IV, § 401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974. Prior sections 351 to 355 were renumbered sections 1151 to 1155 of this title, respectively. Prior section 356, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, provided for a minimum rating for veterans with arrested tuberculosis, prior to repeal by Pub. L. 90–493, § 4, Aug. 19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran who on Aug. 19, 1968, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest. Prior sections 357 to 363 were renumbered sections 1157 to 1163 of this title, respectively. Prior sections 401 and 402 were renumbered sections 1301 and 1302 of this title, respectively. Prior section 403, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 91–96, § 2, Oct. 27, 1969, 83 Stat. 144, defined Reserve Officer Training Corps annual training duty and authorized travel to and from such duty as active military service for the purposes of chapter 11 of this title and former section 722 of this title, prior to repeal by Pub. L. 97–306, title I, § 113(b)(1), (d), Oct. 14, 1982, 96 Stat. 1432, 1433, effective Oct. 1, 1982, with respect to deaths and disabilities resulting from diseases or inju- ries incurred or aggravated after Sept. 30, 1982, and Oct. 1, 1983, with respect to deaths and disabilities incurred or aggravated before Oct. 1, 1982. Prior sections 404, 410 to 418, and 421 to 423 were re- numbered sections 1304, 1310 to 1318, and 1321 to 1323 of this title, respectively. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–275, § 501(a), inserted ‘‘career or’’ before ‘‘noncareer’’. Subsec. (d)(10). Pub. L. 104–275, § 501(d), substituted ‘‘(42 U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on’’ for ‘‘(relating to the inclusion of women and minorities in clinical re- search) and of’’. Statutory Notes and Related Subsidiaries ASSESSMENT OF USE BY WOMEN VETERANS OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES Pub. L. 104–262, title III, § 323, Oct. 9, 1996, 110 Stat. 3196, required the Center for Women Veterans of the Department of Veterans Affairs, in consultation with the Advisory Committee on Women Veterans, to assess Page 72 TITLE 38—VETERANS’ BENEFITS § 319 the use by women veterans of health services through the Department of Veterans Affairs, including coun- seling for sexual trauma and mental health services, and to submit reports to the Under Secretary for Health of the Department of Veterans Affairs not later than Apr. 1, 1997, and Apr. 1 of each of the two following years, and also required the Secretary of Veterans Af- fairs to submit reports to Congress, not later than July 1, 1997, and July 1 of each of the two following years. § 319. Office of Employment Discrimination Com- plaint Adjudication (a)(1) There is in the Department an Office of Employment Discrimination Complaint Adju- dication. There is at the head of the Office a Di- rector. (2) The Director shall be a career appointee in the Senior Executive Service. (3) The Director reports directly to the Sec- retary or the Deputy Secretary concerning mat- ters within the responsibility of the Office. (b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Di- rector shall make such decisions in an impartial and objective manner. (2) No person may make any ex parte commu- nication to the Director or to any employee of the Office with respect to a matter on which the Director has responsibility for making a final agency decision. (c) Whenever the Director has reason to be- lieve that there has been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected re- taliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon. (d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Of- fice. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel. (2) The Secretary shall ensure that the Direc- tor is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner. (3) The Secretary shall ensure that any per- formance appraisal of the Director of the Office of Employment Discrimination Complaint Adju- dication or of any employee of the Office does not take into consideration the record of the Di- rector or employee in deciding cases for or against the Department. (Added Pub. L. 105–114, title I, § 102(a)(1), Nov. 21, 1997, 111 Stat. 2280.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–114, title I, § 102(c), Nov. 21, 1997, 111 Stat. 2281, provided that: ‘‘Section 319 of title 38, United States Code, as added by subsection (a), shall take ef- fect 90 days after the date of enactment of this Act [Nov. 21, 1997].’’ REPORTS ON IMPLEMENTATION Pub. L. 105–114, title I, § 102(b), Nov. 21, 1997, 111 Stat. 2281, required the Director of the Office of Employment Discrimination Complaint Adjudication of the Depart- ment of Veterans Affairs to submit to the Secretary of Veterans Affairs and to Congress reports on the imple- mentation and the operation of the office, with the first report due not later than Apr. 1, 1998, and subse- quent reports due not later than Jan. 1, 1999, and Jan. 1, 2000. § 320. Department of Veterans Affairs-Depart- ment of Defense Joint Executive Committee (a) JOINT EXECUTIVE COMMITTEE.—(1) There is established an interagency committee to be known as the Department of Veterans Affairs- Department of Defense Joint Executive Com- mittee (hereinafter in this section referred to as the ‘‘Committee’’). (2) The Committee is composed of— (A) the Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Sec- retary of Veterans Affairs may designate; (B) the Under Secretary of Defense for Per- sonnel and Readiness and such other officers and employees of the Department of Defense as the Secretary of Defense may designate; (C) the Assistant Secretary of Labor for Vet- erans’ Employment and Training and such other officers and employees of the Depart- ment of Labor as the Secretary of Labor may designate; and (D) such officers and employees of other Ex- ecutive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee. (3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness. (b) ADMINISTRATIVE MATTERS.—(1) The Deputy Secretary of Veterans Affairs and the Under Secretary of Defense shall determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee. (2) The two Departments shall supply appro- priate staff and resources to provide administra- tive support and services. Support for such pur- poses shall be provided at a level sufficient for the efficient operation of the Committee, in- cluding a subordinate Health Executive Com- mittee, a subordinate Benefits Executive Com- mittee, a subordinate Transition Executive Committee, and such other committees or work- ing groups as considered necessary by the Dep- uty Secretary and Under Secretary. (c) RECOMMENDATIONS.—(1) The Committee shall recommend to the Secretaries strategic di- rection for the joint coordination and sharing efforts between and within the two Departments under section 8111 of this title and shall oversee implementation of those efforts. (2) The Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations as the Com- mittee considers appropriate. (d) FUNCTIONS.—In order to enable the Com- mittee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following: