38 U.S.C. § 301: Department

The Department of Veterans Affairs is an executive department of the United States. The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans. The Office of the Secretary. The Veterans Health Administration. The Veterans Benefits Administration. The National Cemetery Administration. The Board of Veterans’ Appeals. The Veterans’ Canteen Service. The Board of Contract Appeals. Such other offices and agencies as are established or designated by law or by the President or the Secretary. Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8). review the administration of the internet website required by section 505(a)(1) of the VA MISSION Act of 2018 ( Public Law 115–182 ; 132 Stat. 1477 ; 38 U.S.C. 301 note); develop recommendations for such legislative or administrative action as the Inspector General considers appropriate for such administration; and the findings of the Inspector General with respect to the most recent review conducted under paragraph (1); and the recommendations most recently developed under paragraph (2).” The number of personnel encumbering positions. The number of accessions and separation actions processed during the quarter preceding the date of the publication of the information. The number of vacancies, by occupation. The percentage of new hires for the Department who were hired within the time-to-hire target of the Office of Personnel Management, disaggregated by administration. For employees appointed under paragraphs (1) and (3) of section 7401 of title 38 , United States Code, the number of employees for which the duration of the process from validation of vacancy to receipt of official offer and notification of actual start date exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model. The percentage of employees who are described in clause (i) compared to all employees appointed under paragraphs (1) and (3) of section 7401 of such title during the same period. The average number of days potential hires or new hires appointed under paragraphs (1) and (3) of section 7401 of such title spent in each phase of the Time to Hire Model, or successor model. The Secretary may withhold from publication under paragraph (1) information relating to law enforcement, information security, or such positions in the Department that the Secretary determines to be sensitive. The Secretary shall update the information on the website required under paragraph (1) on a quarterly basis. Any Department of Veterans Affairs position that is filled with a contractor may not be treated as a Department position for purposes of the information required to be published under paragraph (1). On a semi-annual basis, the Inspector General of the Department shall review the administration of the website required under paragraph (1) and make recommendations relating to the improvement of such administration. The Secretary of Veterans Affairs shall submit to Congress an annual report on the steps the Department is taking to achieve full staffing capacity and to improve the onboard timeline for facilities for which the duration of the onboarding process exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model. Each such report shall include the amount of additional funds necessary to enable the Department to reach full staffing capacity.” The establishment in the Department of Veterans Affairs known as the Veterans Health Services and Research Administration is hereby redesignated as the Veterans Health Administration. Any reference to the Veterans Health Services and Research Administration (or to the Department of Medicine and Surgery of the Veterans’ Administration) in any Federal law, Executive order, regulation, delegation of authority, or document of or pertaining to the Department of Veterans Affairs shall be deemed to refer to the Veterans Health Administration.” “This Act [see Tables for classification] may be cited as the ‘Department of Veterans Affairs Act’. “The Veterans’ Administration is hereby redesignated as the Department of Veterans Affairs and shall be an executive department in the executive branch of the Government. “[SECS. 3 to 5. Repealed. Pub. L. 102–83, § 3(3) , Aug. 6, 1991 , 105 Stat. 402 .] “The establishment within the Veterans’ Administration known as the Department of Medicine and Surgery is hereby redesignated as the Veterans Health Services and Research Administration of the Department of Veterans Affairs. “The establishment within the Veterans’ Administration known as the Department of Veterans’ Benefits is hereby redesignated as the Veterans Benefits Administration of the Department of Veterans Affairs. Repealed. Pub. L. 102–83, § 3(3) , Aug. 6, 1991 , 105 Stat. 402 .] The individual serving on the effective date of this Act [ Mar. 15, 1989 ] as the General Counsel of the Veterans’ Administration may act as the General Counsel of the Department of Veterans Affairs until a person is appointed under this Act to that office. The Office of Inspector General of the Veterans’ Administration, established in accordance with the Inspector General Act of 1978 [ Pub. L. 95–452 , formerly set out in the Appendix to Title 5, Government Organization and Employees, see 5 U.S.C. 401 et seq.], is hereby redesignated as the Office of Inspector General of the Department of Veterans Affairs. Repealed. Pub. L. 102–83, § 3(3) , Aug. 6, 1991 , 105 Stat. 402 .] to the Administrator of Veterans’ Affairs shall be deemed to refer to the Secretary of Veterans Affairs; to the Veterans’ Administration shall be deemed to refer to the Department of Veterans Affairs; to the Deputy Administrator of Veterans’ Affairs shall be deemed to refer to the Deputy Secretary of Veterans Affairs; to the Chief Medical Director of the Veterans’ Administration shall be deemed to refer to the Chief Medical Director [now Under Secretary for Health] of the Department of Veterans Affairs; to the Department of Medicine and Surgery of the Veterans’ Administration shall be deemed to refer to the Veterans Health Services and Research Administration of the Department of Veterans Affairs; to the Chief Benefits Director of the Veterans’ Administration shall be deemed to refer to the Chief Benefits Director [now Under Secretary for Benefits] of the Department of Veterans Affairs; to the Department of Veterans’ Benefits of the Veterans’ Administration shall be deemed to refer to the Veterans Benefits Administration of the Department of Veterans Affairs; to the Chief Memorial Affairs Director of the Veterans’ Administration shall be deemed to refer to the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] of the Department of Veterans Affairs; and to the Department of Memorial Affairs of the Veterans’ Administration shall be deemed to refer to the National Cemetery System [now National Cemetery Administration] of the Department of Veterans Affairs. which have been issued, made, granted, or allowed to become effective by the President, by the Administrator of Veterans’ Affairs, or by a court of competent jurisdiction, in the performance of functions of the Administrator or the Veterans’ Administration; and which are in effect on the effective date of this Act [ Mar. 15, 1989 ]; The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before the Veterans’ Administration at the time this Act takes effect, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. No suit, action, or other proceeding commenced by or against the Veterans’ Administration, or by or against any individual in the official capacity of such individual as an officer of the Veterans’ Administration, shall abate by reason of the enactment of this Act. The contracts, liabilities, records, property, and other assets and interests of the Veterans’ Administration shall, after the effective date of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Veterans Affairs. who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e); who continues to serve as Chief Medical Director [now Under Secretary for Health] or Chief Benefits Director [now Under Secretary for Benefits] of such department under section 3(f) or (g), respectively; who acts as the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] under section 3(h); or who acts as General Counsel of the Department of Veterans Affairs under section 8(b); Repealed. Pub. L. 102–83, § 3(3) , Aug. 6, 1991 , 105 Stat. 402 .] “After consultation with the appropriate committees of the Congress, the Secretary of Veterans Affairs shall prepare and submit to the Congress proposed legislation containing technical and conforming amendments to title 38, United States Code, and to other provisions of law, which reflect the changes made by this Act. Such legislation shall be submitted not later than 6 months after the date of enactment of this Act [ Oct. 25, 1988 ]. Repealed. Pub. L. 102–83, § 3(3) , Aug. 6, 1991 , 105 Stat. 402 .] Except as provided in subsection (b), this Act shall take effect on March 15, 1989 . Notwithstanding any other provision of law or of this Act, the President may, any time after January 21, 1989 , appoint an individual to serve as Secretary of the Department of Veterans Affairs.”