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38 U.S.C. § 521 — Assistance to certain rehabilitation activi-

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 521 — Assistance to certain rehabilitation activi-

Page 85 TITLE 38—VETERANS’ BENEFITS § 521 mit to Congress reports on the implementation and op- eration of the equal employment opportunity system within the Department of Veterans Affairs setting forth detailed information for each equal employment opportunity field office of the Department, 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. ASSESSMENT AND REVIEW OF EMPLOYMENT DISCRIMINATION COMPLAINT RESOLUTION SYSTEM Pub. L. 105–114, title I, § 103, Nov. 21, 1997, 111 Stat. 2281, provided that: ‘‘(a) AGREEMENT FOR ASSESSMENT AND REVIEW.—(1) The Secretary of Veterans Affairs shall seek to enter into an agreement with a qualified private entity under which agreement the entity shall carry out the assess- ment described in subsection (b) and the review de- scribed in subsection (c). ‘‘(2) The Secretary shall include in the agreement provisions necessary to ensure that the entity carries out its responsibilities under the agreement (including the exercise of its judgments concerning the assess- ment and review) in a manner free of influence from any source, including the officials and employees of the Department of Veterans Affairs. ‘‘(3) The Secretary may not enter into the agreement until 15 days after the date on which the Secretary no- tifies the Committees on Veterans’ Affairs of the Sen- ate and House of Representatives of the entity with which the Secretary proposes to enter into the agree- ment. ‘‘(b) INITIAL ASSESSMENT OF SYSTEM.—(1) Under the agreement under subsection (a), the entity shall con- duct an assessment of the employment discrimination complaint resolution system administered within the Department of Veterans Affairs, including the extent to whi

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Page 85 TITLE 38—VETERANS’ BENEFITS § 521 mit to Congress reports on the implementation and op- eration of the equal employment opportunity system within the Department of Veterans Affairs setting forth detailed information for each equal employment opportunity field office of the Department, 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. ASSESSMENT AND REVIEW OF EMPLOYMENT DISCRIMINATION COMPLAINT RESOLUTION SYSTEM Pub. L. 105–114, title I, § 103, Nov. 21, 1997, 111 Stat. 2281, provided that: ‘‘(a) AGREEMENT FOR ASSESSMENT AND REVIEW.—(1) The Secretary of Veterans Affairs shall seek to enter into an agreement with a qualified private entity under which agreement the entity shall carry out the assess- ment described in subsection (b) and the review de- scribed in subsection (c). ‘‘(2) The Secretary shall include in the agreement provisions necessary to ensure that the entity carries out its responsibilities under the agreement (including the exercise of its judgments concerning the assess- ment and review) in a manner free of influence from any source, including the officials and employees of the Department of Veterans Affairs. ‘‘(3) The Secretary may not enter into the agreement until 15 days after the date on which the Secretary no- tifies the Committees on Veterans’ Affairs of the Sen- ate and House of Representatives of the entity with which the Secretary proposes to enter into the agree- ment. ‘‘(b) INITIAL ASSESSMENT OF SYSTEM.—(1) Under the agreement under subsection (a), the entity shall con- duct an assessment of the employment discrimination complaint resolution system administered within the Department of Veterans Affairs, including the extent to which the system meets the objectives set forth in section 516(a) of title 38, United States Code, as added by section 101. The assessment shall include a com- prehensive description of the system as of the time of the assessment. ‘‘(2) Under the agreement, the entity shall submit the assessment to the committees referred to in subsection (a)(3) and to the Secretary not later than June 1, 1998. ‘‘(c) REVIEW OF ADMINISTRATION OF SYSTEM.—(1) Under the agreement under subsection (a), the entity shall monitor and review the administration by the Secretary of the employment discrimination complaint resolution system administered within the Depart- ment. ‘‘(2) Under the agreement, the entity shall submit to the committees referred to in subsection (a)(3) and to the Secretary a report on the results of the review under paragraph (1) not later than June 1, 1999. The re- port shall include an assessment of the administration of the system, including the extent to which the sys- tem meets the objectives referred to in subsection (b)(1), and the effectiveness of the following: ‘‘(A) Programs to train and maintain a cadre of in- dividuals who are competent to investigate claims re- lating to employment discrimination. ‘‘(B) Programs to train and maintain a cadre of in- dividuals who are competent to provide counseling to individuals who submit such claims. ‘‘(C) Programs to provide education and training to Department employees regarding their rights and ob- ligations under the equal employment opportunity laws. ‘‘(D) Programs to oversee the administration of the system. ‘‘(E) Programs to evaluate the effectiveness of the system in meeting its objectives. ‘‘(F) Other programs, procedures, or activities of the Department relating to the equal employment op- portunity laws, including any alternative dispute res- olution procedures and informal dispute resolution and settlement procedures. ‘‘(G) Any disciplinary measures imposed by the Sec- retary on employees determined to have violated the equal employment opportunity laws in preventing or deterring violations of such laws by other employees of the Department.’’ § 517. Quarterly reports to Congress on con- ferences sponsored by the Department (a) QUARTERLY REPORTS REQUIRED.—Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Com- mittee on Veterans’ Affairs of the House of Rep- resentatives a report on covered conferences. (b) MATTERS INCLUDED.—Each report under subsection (a) shall include the following: (1) An accounting of the final costs to the Department of each covered conference occur- ring during the fiscal quarter preceding the date on which the report is submitted, includ- ing the costs related to— (A) transportation and parking; (B) per diem payments; (C) lodging; (D) rental of halls, auditoriums, or other spaces; (E) rental of equipment; (F) refreshments; (G) entertainment; (H) contractors; and (I) brochures or other printed media. (2) The total estimated costs to the Depart- ment for covered conferences occurring during the fiscal quarter in which the report is sub- mitted. (c) COVERED CONFERENCE DEFINED.—In this section, the term ‘‘covered conference’’ means a conference, meeting, or other similar forum that is sponsored or co-sponsored by the Department and is— (1) attended by 50 or more individuals, in- cluding one or more employees of the Depart- ment; or (2) estimated to cost the Department at least $20,000. (Added Pub. L. 112–154, title VII, § 707(a), Aug. 6, 2012, 126 Stat.1206.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–154, title VII, § 707(c), Aug. 6, 2012, 126 Stat. 1207, provided that: ‘‘Section 517 of title 38, United States Code, as added by subsection (a), shall take ef- fect on October 1, 2012, and shall apply with respect to the first quarter of fiscal year 2013 and each quarter thereafter.’’ SUBCHAPTER II—SPECIFIED FUNCTIONS § 521. Assistance to certain rehabilitation activi- ties (a) The Secretary may assist any organization named in or approved under section 5902 of this title in providing recreational activities which would further the rehabilitation of disabled vet- erans. Such assistance may be provided only if— (1) the activities are available to disabled veterans on a national basis; and (2) a significant percentage of the individ- uals participating in the activities are eligible for rehabilitative services under chapter 17 of this title. Page 86 TITLE 38—VETERANS’ BENEFITS § 521A (b) The Secretary may accept from any appro- priate source contributions of funds and of other assistance to support the Secretary’s provision of assistance for such activities. (c)(1) Subject to paragraph (2), the Secretary may authorize the use, for purposes approved by the Secretary in connection with the activity involved, of the seal and other official symbols of the Department and the name ‘‘Department of Veterans Affairs’’ by— (A) any organization which provides an ac- tivity described in subsection (a) with assist- ance from the Secretary; and (B) any individual or entity from which the Secretary accepts a significant contribution under subsection (b) or an offer of such a con- tribution. (2) The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary under this subsection only if— (A) the Secretary has approved the adver- tisement; and (B) the advertisement contains a clear state- ment that no product, project, or commercial line of endeavor referred to in the advertise- ment is endorsed by the Department of Vet- erans Affairs. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 390.) Editorial Notes PRIOR PROVISIONS Prior section 521 was renumbered section 1521 of this title. Provisions similar to those in this section were con- tained in section 216 of this title prior to repeal by Pub. L. 102–83, § 2(a). § 521A. Adaptive sports programs for disabled veterans and members of the Armed Forces (a) ADAPTIVE SPORTS PROGRAM.—(1) The Sec- retary may carry out a program under which the Secretary may make grants to eligible entities for planning, developing, managing, and imple- menting programs to provide adaptive sports op- portunities for disabled veterans and disabled members of the Armed Forces. (2) For purposes of this section, an eligible en- tity is an entity with significant experience in managing a large-scale adaptive sports program. (b) OVERSIGHT BY SECRETARY.—As a condition of receiving a grant under this section, an eligi- ble entity shall permit the Secretary to conduct such oversight of the use of grant funds as the Secretary determines is appropriate. An eligible entity that receives a grant under this section shall be responsible for the use of grant funds provided under this section. (c) APPLICATION REQUIREMENT.—(1) Before the Secretary may award a grant to an eligible enti- ty under this section, the eligible entity shall submit to the Secretary an application that de- scribes the activities to be carried out with the grant, including information on specific measur- able goals and objectives to be achieved using grant funds. (2) The application shall include— (A) a detailed description of— (i) all partnerships referred to in para- graph (3) at the national and local levels that will be participating in such activities and the amount of grant funds that the eligi- ble entity proposes to make available for each of such partnerships; (ii) the anticipated personnel, travel, and administrative costs that will be paid for by the eligible entity using grant funds; (iii) the financial controls implemented by the eligible entity, including methods to track expenditures of grant funds; (iv) the performance metrics to be used by the eligible entity to evaluate the effective- ness of the activities to be carried out using grant funds; and (v) the anticipated personnel, travel, and administrative costs that will be paid for by grantees under this subsection using grant funds; and (B) for any fiscal year for which a grant is sought, the amount of private donations re- ceived by the eligible entity expected to be ex- pended to support operations during that fis- cal year. (3) Partnerships referred to in this paragraph are agreements between the eligible entity and organizations with significant experience in the training and support of disabled athletes and the promotion of disabled sports at the local and na- tional levels. Such organizations may include Disabled Sports USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and funding to be provided by the eligible entity to the partner. (d) USE OF FUNDS.—(1) An eligible entity that receives a grant under this section, with the as- sistance and cooperation of the Secretary and the heads of other appropriate Federal and State departments and agencies and partnerships re- ferred to in subsection (c)(3), shall use the grant to reimburse grantees with which the eligible entity has entered into a partnership under sub- section (c) for the direct costs of recruiting, sup- porting, equipping, encouraging, scheduling, fa- cilitating, supervising, and implementing the participation of disabled veterans and disabled members of the Armed Forces in the activities described in paragraph (3) by supporting a pro- gram described in paragraph (2). (2) A program described in this paragraph is a sports program that— (A) promotes basic physical activity, games, recreation, training, and competition; (B) is approved by the Secretary; and (C)(i) provides services and activities de- scribed in paragraph (3) for disabled veterans and disabled members of the Armed Forces; and (ii) may also provide services and activities described in paragraph (3) for individuals with disabilities who are not veterans or members of the Armed Forces, or both; except that funds made available to carry out this section may not be used to support those individuals with disabilities who are not veterans or mem- bers of the Armed Forces. (3) Activities described in this paragraph are— (A) instruction, participation, and competi- tion in Paralympic sports;

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 521 — Assistance to certain rehabilitation activities

**(a)** The Secretary may assist any organization named in or approved under [section 5902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5902&num=0&edition=prelim) in providing recreational activities which would further the rehabilitation of disabled veterans. Such assistance may be provided only if— (1) the activities are available to disabled veterans on a national basis; and (2) a significant percentage of the individuals participating in the activities are eligible for rehabilitative services under chapter 17 of this title. **(b)** The Secretary may accept from any appropriate source contributions of funds and of other assistance to support the Secretary’s provision of assistance for such activities. **(c)** (1) Subject to paragraph (2), the Secretary may authorize the use, for purposes approved by the Secretary in connection with the activity involved, of the seal and other official symbols of the Department and the name “Department of Veterans Affairs” by— (A) any organization which provides an activity described in subsection (a) with assistance from the Secretary; and (B) any individual or entity from which the Secretary accepts a significant contribution under subsection (b) or an offer of such a contribution. (2) The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary under this subsection only if— (A) the Secretary has approved the advertisement; and (B) the advertisement contains a clear statement that no product, project, or commercial line of endeavor referred to in the advertisement is endorsed by the Department of Veterans Affairs.

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