38 U.S.C. § 510 — Authority to reorganize offices

Page 80 TITLE 38—VETERANS’ BENEFITS § 505 § 505. Opinions of Attorney General The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387.) Editorial Notes PRIOR PROVISIONS Prior sections 505 to 508 were renumbered sections 1505 to 1508 of this title, respectively. Provisions similar to those in this section were con- tained in section 211(b) of this title prior to repeal by Pub. L. 102–83, § 2(a). § 510. Authority to reorganize offices (a) Except to the extent inconsistent with law, the Secretary may— (1) consolidate, eliminate, abolish, or redis- tribute the functions of the Administrations, offices, facilities, or activities in the Depart- ment; (2) create new Administrations, offices, fa- cilities, or activities in the Department; and (3) fix the functions of any such Administra- tion, office, facility, or activity and the duties and powers of their respective executive heads. (b) The Secretary may not in any fiscal year implement an administrative reorganization de- scribed in subsection (c) unless the Secretary first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the administrative reorga- nization. No action to carry out such reorga- nization may be taken after the submission of such report until the end of a 45-day period fol- lowing the date of the submission of the report, not less than 30 days of which shall be days dur- ing which Congress shall have been in contin- uous session. For purposes of the preceding sen- tence, continuity of a session of Congress is bro- ken only by adjournment sine die, and there shall be excluded from the computation of any period of continuity of session any day during which either House of Congress is not in session during an adjournment of more than three days to a day certain. (c) An administrative reorganization described in this subsection is an administrative reorga- nization of a covered field office or facility that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such office or facility— (1) by 15 percent or more; or (2) by a percent which, when added to the percent reduction made in the number of such employees with permanent duty stations at such office or facility during the preceding fis- cal year, is 25 percent or more. (d)(1) Not less than 30 days before the date on which the implementation of any administrative reorganization described in paragraph (2) of a unit in the Central Office is to begin, the Sec- retary shall transmit to the Committees on Vet- erans’ Affairs of the Senate and the House of Representatives a notification regarding the re- organization. (2) Paragraph (1) applies to an administrative reorganization of any unit of the Central Office that is the duty station for 30 or more employ- ees if the reorganization involves a reduction in any fiscal year in the number of full-time equiv- alent employees with permanent duty station in such unit by 50 percent or more. (e) For purposes of this section, the term ‘‘ad- ministrative reorganization’’ does not include a consolidation or redistribution of functions at a covered field office or facility, or between com- ponents of the Veterans Benefits Administration and the Veterans Health Administration at a Department medical and regional office center, if after the consolidation or redistribution the same number of full-time equivalent employees continues to perform the affected functions at that field office, facility, or center. (f) For purposes of this section: (1) The term ‘‘covered field office or facil- ity’’ means a Department office or facility outside the Central Office that is the perma- nent duty station for 25 or more employees or that is a free-standing outpatient clinic. (2) The term ‘‘detailed plan and justifica- tion’’ means, with respect to an administra- tive reorganization, a written report that, at a minimum, includes the following: (A) Specification of the number of employ- ees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished. (B) Identification of any existing or planned office or facility at which the num- ber of employees is to be increased and spec- ification of the number and responsibilities of the additional employees at each such of- fice or facility. (C) A description of the changes in the functions carried out at any existing office or facility and the functions to be assigned to an office or facility not in existence on the date that the plan and justification are submitted pursuant to subsection (b). (D) An explanation of the reasons for the determination that the reorganization is ap- propriate and advisable in terms of the stat- utory missions and long-term goals of the Department. (E) A description of the effects that the re- organization may have on the provision of benefits and services to veterans and depend- ents of veterans (including the provision of benefits and services through offices and fa- cilities of the Department not directly af- fected by the reorganization). (F) Estimates of the costs of the reorga- nization and of the cost impact of the reor- ganization, together with analyses sup- porting those estimates. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387; amended Pub. L. 104–262, title III, § 304, Oct. 9, 1996, 110 Stat. 3194.) Editorial Notes PRIOR PROVISIONS Prior section 510, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, provided monthly pension for persons who served in military or naval forces of Confederate States of Page 81 TITLE 38—VETERANS’ BENEFITS § 513 America, prior to repeal by Pub. L. 94–169, title I, § 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976. Provisions similar to those in this section were con- tained in section 210(b)(1), (2) of this title prior to re- peal by Pub. L. 102–83, § 2(a). AMENDMENTS 1996—Subsec. (b). Pub. L. 104–262 substituted ‘‘a 45- day period following the date of the submission of the report, not less than 30 days of which shall be days dur- ing which Congress shall have been in continuous ses- sion’’ for ‘‘a 90-day period of continuous session of Con- gress following the date of the submission of the re- port’’ in second sentence and ‘‘any period of continuity of session’’ for ‘‘such 90-day period’’ in third sentence. Statutory Notes and Related Subsidiaries AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO CARRY OUT SPECIFIED ADMINISTRATIVE REORGANIZA- TION Pub. L. 102–54, § 12, June 13, 1991, 105 Stat. 273, pro- vided that: ‘‘(a) AUTHORITY FOR ADMINISTRATIVE REORGANIZA- TION.—The Secretary of Veterans Affairs may carry out the administrative reorganization described in sub- section (b) without regard to section 210(b)(2) of title 38 [38 U.S.C. 510(b)–(f)], United States Code. ‘‘(b) SPECIFIED REORGANIZATION.—Subsection (a) ap- plies to the organizational realignment of management responsibility for the Department of Veterans Affairs Data Processing Centers, together with the cor- responding organizational realignment of associated Information Resources Management operational com- ponents and functions within the Department of Vet- erans Affairs central office, as such realignment was described in the detailed plan and justification sub- mitted by the Secretary of Veterans Affairs in [sic] January 4, 1991, letters to the Chairmen of the Commit- tees on Veterans’ Affairs of the Senate and the House of Representatives.’’ INAPPLICABILITY OF RESTRICTIONS Pub. L. 101–312, June 25, 1990, 104 Stat. 271, provided: ‘‘That (a) the Secretary of Veterans Affairs may pro- ceed with the administrative reorganization described in subsection (b) of this Act without regard to section 210(b) [see 303, 510, 711] of title 38, United States Code. ‘‘(b) The administrative reorganization referred to in subsection (a) is the reorganization of the regional field offices of the Veterans Health Services and Research Administration of the Department of Veterans Affairs as that reorganization and related activity are de- scribed in (1) letters dated January 22, 1990, and the de- tailed plan and justification enclosed therewith, sub- mitted by the Secretary to the Committees on Vet- erans’ Affairs of the Senate and the House of Rep- resentatives pursuant to such section 210(b) [see 303, 510, 711], and (2) letters dated April 17, 1990, submitted in supplementation thereof by the Secretary to such Committees.’’ Section 15(b) of Pub. L. 100–527 provided that: ‘‘Sec- tion 210(b) [see 303, 510, 711] of title 38, United States Code (as amended by subsection (a)), shall not apply to a reorganization of a unit of the Central Office of the Department of Veterans’ Affairs if the reorganization— ‘‘(1) is necessary in order to carry out the provi- sions of or amendments made by this Act [see Tables for classification]; and ‘‘(2) is initiated within 6 months after the effective date of this Act [Mar. 15, 1989].’’ § 511. Decisions of the Secretary; finality (a) The Secretary shall decide all questions of law and fact necessary to a decision by the Sec- retary under a law that affects the provision of benefits by the Secretary to veterans or the de- pendents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclu- sive and may not be reviewed by any other offi- cial or by any court, whether by an action in the nature of mandamus or otherwise. (b) The second sentence of subsection (a) does not apply to— (1) matters subject to section 502 of this title; (2) matters covered by sections 1975 and 1984 of this title; (3) matters arising under chapter 37 of this title; and (4) matters covered by chapter 72 of this title. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 388.) Editorial Notes PRIOR PROVISIONS Prior section 511 was renumbered section 1511 of this title. Provisions similar to those in this section were con- tained in section 211(a) of this title prior to repeal by Pub. L. 102–83, § 2(a). Court Rules FEDERAL RULES OF CIVIL PROCEDURE Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. § 512. Delegation of authority; assignment of functions and duties (a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Depart- ment, to such officers and employees as the Sec- retary may find necessary. Within the limita- tions of such delegations, redelegations, or as- signments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary. (b) There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.) Editorial Notes PRIOR PROVISIONS Prior section 512 was renumbered section 1512 of this title. Provisions similar to those in this section were con- tained in section 212 of this title prior to repeal by Pub. L. 102–83, § 2(a). § 513. Contracts and personal services The Secretary may, for purposes of all laws administered by the Department, accept uncom- pensated services, and enter into contracts or