38 U.S.C. § 321 — Office of Survivors Assistance

Page 73 TITLE 38—VETERANS’ BENEFITS § 321 1 So in original. Probably should be preceded by ‘‘be’’. (1) Review existing policies, procedures, and practices relating to the coordination and sharing of resources between the two Depart- ments. (2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually bene- ficial coordination, use, or exchange of use of services and resources of the two Depart- ments, with the goal of improving the quality, efficiency and effectiveness of the delivery of benefits and services to veterans, service members, military retirees, and their families through an enhanced Department of Veterans Affairs and Department of Defense partner- ship, including with respect to job training and post-service placement. (3) Identify and assess further opportunities for the coordination and collaboration be- tween the Departments that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either Department. (4) Review the plans of both Departments for the acquisition of additional resources, espe- cially new facilities and major equipment and technology, in order to assess the potential ef- fect of such plans on further opportunities for the coordination and sharing of resources. (5) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments. (6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine ap- propriate and consistent with the purpose of the Committee. (e) TRANSITION EXECUTIVE COMMITTEE.—The Transition Executive Committee described in subsection (b)(2) shall, in addition to such other activities as may assigned 1 to the committee under subsection (d)(6)— (1) review existing policies, procedures, and practices of the Departments (including the military departments) with respect to job training and post-service placement programs; and (2) identify changes to such policies, proce- dures, and practices to improve job training, transition from life in the Armed Forces to ci- vilian life, and post-service placement. (Added Pub. L. 108–136, div. A, title V, § 583(a)(1), Nov. 24, 2003, 117 Stat. 1490; amended Pub. L. 114–92, div. A, title V, § 561, Nov. 25, 2015, 129 Stat. 828; Pub. L. 118–31, div. A, title XVIII, § 1805, Dec. 22, 2023, 137 Stat. 687.) Editorial Notes AMENDMENTS 2023—Subsec. (a)(2)(C), (D). Pub. L. 118–31, § 1805(1)(A), added subpars. (C) and (D). Subsec. (a)(3). Pub. L. 118–31, § 1805(1)(B), added par. (3). Subsec. (b)(2). Pub. L. 118–31, § 1805(2), substituted ‘‘Transition Executive Committee’’ for ‘‘Job Training and Post-Service Placement Executive Committee’’. Subsec. (d)(6). Pub. L. 118–31, § 1805(3), added par. (6). Subsec. (e). Pub. L. 118–31, § 1805(4)(B), in introductory provisions, substituted ‘‘Transition’’ for ‘‘Job Training and Post-Service Placement’’ and inserted ‘‘, in addi- tion to such other activities as may assigned to the committee under subsection (d)(6)’’ after ‘‘shall’’. Pub. L. 118–31, § 1805(4)(A), substituted ‘‘Transition’’ for ‘‘Job Training and Post-Service Placement’’ in heading. Subsec. (e)(2). Pub. L. 118–31, § 1805(4)(C), inserted ‘‘, transition from life in the Armed Forces to civilian life,’’ after ‘‘job training’’. 2015—Subsec. (b)(2). Pub. L. 114–92, § 561(1), inserted ‘‘a subordinate Job Training and Post-Service Placement Executive Committee,’’ before ‘‘such other commit- tees’’. Subsec. (d)(2). Pub. L. 114–92, § 561(3), inserted ‘‘, including with respect to job training and post-serv- ice placement’’ before period at end. Subsec. (e). Pub. L. 114–92, § 561(2), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–136, div. A, title V, § 583(d)(2), Nov. 24, 2003, 117 Stat. 1492, provided that: ‘‘If this Act is enacted on or after October 1, 2003, the amendments made by this section [enacting this section and amending section 8111 of this title] shall take effect on the date of the en- actment of this Act [Nov. 24, 2003].’’ JOINT PROGRAM FOR DEVELOPMENT AND EVALUATION OF INTEGRATED HEALING CARE PRACTICES FOR MEM- BERS OF THE ARMED FORCES AND VETERANS Pub. L. 108–136, div. A, title VII, § 727, Nov. 24, 2003, 117 Stat. 1537, provided that: ‘‘(a) PROGRAM.—The Secretary of Defense and the Secretary of Veterans Affairs may conduct a program to develop and evaluate integrated healing care prac- tices for members of the Armed Forces and veterans. Any such program shall be carried out through the De- partment of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code. ‘‘(b) SOURCE OF DOD FUNDS.—Amounts authorized to be appropriated by this Act [see Tables for classifica- tion] for the Defense Health Program may be used for the program under subsection (a).’’ § 321. Office of Survivors Assistance (a) ESTABLISHMENT.—The Secretary shall es- tablish in the Department an Office of Survivors Assistance (in this section referred to as the ‘‘Office’’) to serve as a resource regarding all benefits and services furnished by the Depart- ment— (1) to survivors and dependents of deceased veterans; and (2) to survivors and dependents of deceased members of the Armed Forces. (b) ADVISORY DUTIES.—The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legis- lative issues, and other initiatives affecting the survivors and dependents described in sub- section (a). (c) GUIDANCE FROM STAKEHOLDERS.—In estab- lishing the Office, the Secretary shall seek guid- ance from interested stakeholders. (d) RESOURCES.—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities. (e) INCLUSION OF INFORMATION ON OFFICE IN AN- NUAL REPORT ON DEPARTMENT ACTIVITIES.—The Secretary shall include in each annual Perform- Page 74 TITLE 38—VETERANS’ BENEFITS § 322 ance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report. (Added Pub. L. 110–389, title II, § 222(a), Oct. 10, 2008, 122 Stat. 4156.) § 322. Office of National Veterans Sports Pro- grams and Special Events (a) ESTABLISHMENT.—There is in the Depart- ment an Office of National Veterans Sports Pro- grams and Special Events. There is at the head of the Office a Director, who shall report to an appropriate official of the Veterans Health Ad- ministration, as determined by the Secretary, or to the Deputy Secretary or Secretary. (b) RESPONSIBILITIES OF DIRECTOR.—Subject to the direction of the Secretary, the Director— (1) shall establish and carry out qualifying programs and events; (2) may provide for sponsorship by the De- partment of qualifying programs and events; (3) may provide for, facilitate, and encourage participation by disabled veterans in quali- fying programs and events; (4) shall, to the extent feasible, cooperate with entities with significant experience in managing large-scale adaptive sports pro- grams; (5) shall seek sponsorships and donations from the private sector to defray costs of car- rying out the responsibilities of the Director to the maximum extent feasible; and (6) may carry out such other responsibilities as the Secretary determines are appropriate. (c) QUALIFYING PROGRAM OR EVENT.—For pur- poses of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is ap- proved by the Secretary as being consistent with the goals and missions of the Department. (d) MONTHLY ASSISTANCE ALLOWANCE.—(1) Sub- ject to the availability of appropriations for such purpose, the Secretary may provide a monthly assistance allowance to— (A) a veteran with a disability invited by the United States Olympic & Paralympic Com- mittee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Olympic & Paralympic Committee or who is residing at a United States Olympic Com- mittee training center; and (B) a veteran with a VA service-connected disability rated as 30 percent or greater by the Department of Veterans Affairs who is se- lected by the United States Olympic & Paralympic Committee for the United States Olympic Team for any month in which the veteran is competing in any event sanctioned by the National Governing Bodies of the United States Olympic Sports. (2) The amount of the monthly assistance pay- able to a veteran under paragraph (1) shall be equal to the monthly amount of subsistence al- lowance that would be payable to the veteran under chapter 31 of this title if the veteran were eligible for and entitled to rehabilitation under such chapter. (3) In providing assistance under this sub- section, the Secretary shall give priority to vet- erans with service-connected disabilities. (4) There is authorized to be appropriated to carry out this subsection the following: (A) For each of fiscal years 2010 through 2023, $2,000,000. (B) For each of fiscal years 2024 through 2027, $2,500,000. (e) APPLICABILITY TO COMMONWEALTHS AND TERRITORIES OF THE UNITED STATES.—The provi- sions of this subsection shall apply in the same manner and to the same degree as to the United States Olympic & Paralympic Committee to the Paralympic sport entities the Secretary con- siders appropriate to represent the interests of each of the following: (1) American Samoa. (2) Guam. (3) Puerto Rico. (4) The Northern Mariana Islands. (5) The United States Virgin Islands. (f) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall be construed as a limitation on disabled sports and special events supported by the Department as of the date of the enactment of this section. (Added Pub. L. 110–389, title VII, § 703(a), Oct. 10, 2008, 122 Stat. 4183; amended Pub. L. 113–37, § 2(a), Sept. 30, 2013, 127 Stat. 523; Pub. L. 113–59, § 4, Dec. 20, 2013, 127 Stat. 659; Pub. L. 114–58, title IV, § 402, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–223, div. A, title II, § 249, Sept. 29, 2016, 130 Stat. 892; Pub. L. 114–228, title IV, § 403, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 403, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 163, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, § 5401, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title IV, § 401, Sept. 30, 2022, 136 Stat. 2139; Pub. L. 118–83, div. B, title III, § 334, Sept. 26, 2024, 138 Stat. 1541.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (f), is the date of enactment of Pub. L. 110–389, which was approved Oct. 10, 2008. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–83, § 334(2), substituted ‘‘Veterans Health Administration’’ for ‘‘Veterans Bene- fits Administration’’. Subsec. (d)(1)(A), (B). Pub. L. 118–83, § 334(1), sub- stituted ‘‘the United States Olympic & Paralympic Committee’’ for ‘‘the United States Olympic Com- mittee’’ wherever appearing. Subsec. (d)(4). Pub. L. 118–83, § 334(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2010 through 2026.’’ Subsec. (e). Pub. L. 118–83, § 334(1), substituted ‘‘the United States Olympic & Paralympic Committee’’ for ‘‘the United States Olympic Committee’’ in introduc- tory provisions. 2022—Subsec. (d)(4). Pub. L. 117–180 substituted ‘‘2026’’ for ‘‘2022’’. 2020—Subsec. (d)(4). Pub. L. 116–159 substituted ‘‘2022’’ for ‘‘2020’’.