38 U.S.C. § 303: Secretary of Veterans Affairs

There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department. The Secretary of Veterans Affairs shall establish and carry out a plan for the Secretary to meet, by not later than five years after the date of the enactment of this Act [ Dec. 29, 2022 ], the requirements of section 552 of title 5 , United States Code, (commonly known as the ‘Freedom of Information Act’ or ‘FOIA’) with respect to providing documents and information under such section within the timeframes required by such section. Improving and acquiring technology, including with respect to searching email and other electronic information, and the timelines for such improvement, to ensure that the information technology of the Department of Veterans Affairs is capable of carrying out the plan. Identification of efficient procedures, policies, and systems of the Department that could be developed to allow employees of the Department responsible for replying to requests under such section 552 to search and review documents rather than other employees of the Department. A schedule for carrying out the plan, including key milestones and metrics. The Secretary shall request the Director of the Office of Government Information Services of the National Archives and Records Administration to conduct an assessment of the compliance by the Department of Veterans Affairs with section 552 of title 5 , United States Code. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on implementing subsections (a) and (b). The plan established under subsection (a). An analysis of the root causes of the backlog of Freedom of Information Act requests. Recommendations with respect to any additional resources or legislative action the Secretary determines necessary for such implementation. carrying out the plan under subsection (a), including any updates or changes made to the plan; and the compliance by the Department as described in subsection (b). The Secretary shall make publicly available on the internet website of the Department the reports under paragraphs (1) and (2) by not later than 30 days after the date on which the Secretary submits the reports to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives. In this section, the term ‘backlog of Freedom of Information Act requests’ means the number of requests, as reported by the Secretary of Veterans Affairs to the Attorney General in the Annual FOIA Report, made by individuals to the Secretary pursuant to section 552 of title 5 , United States Code, for documents or information that the Secretary has not fulfilled or provided a response to the individual.” Notwithstanding any other provision of law, the Secretary of Veterans Affairs may waive any limitation on pay for an employee of the Department of Veterans Affairs during a public health emergency for work done in support of response to the emergency. For each month that the Secretary waives a limitation under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the waiver. Where the waiver or waivers were used, including in which component of the Department and, as the case may be, which medical center of the Department. For how many employees the waiver or waivers were used, disaggregated by component of the Department and, if applicable, medical center of the Department. The average amount by which each payment exceeded the waived pay limitation that was waived, disaggregated by component of the Department and, if applicable, medical center of the Department. In this section, the term ‘employee of the Department of Veterans Affairs’ includes any employee of the Department of Veterans Affairs, regardless of the authority under which the employee was hired.” During a public health emergency, the Secretary of Veterans Affairs shall provide to employees and contractors of the Department of Veterans Affairs personal protective equipment necessary to provide home care to veterans under the laws administered by the Secretary. Personal protective equipment may be provided under paragraph (1) through the All Hazards Emergency Cache of the Department or any other source available to the Department. The term ‘home care’ has the meaning given that term in section 1803(c) of title 38 , United States Code. The term ‘personal protective equipment’ means any protective equipment required to prevent the wearer from contracting COVID–19, including gloves, N–95 respirator masks, gowns, goggles, face shields, or other equipment required for safety.” the scientific objectives of the research can only be met by using such canines, felines, or non-human primates and cannot be met using other animal models, in vitro models, computational models, human clinical studies, or other research alternatives; such scientific objectives are necessary to advance research benefiting veterans and are directly related to an illness or injury that is combat-related as defined by 10 U.S.C. 1413(e) [probably means 10 U.S.C. 1413a(e) ]; the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017 , including any subsequent revisions to such document; and ethical considerations regarding minimizing the harm experienced by canines, felines, or non-human primates are included in evaluating the scientific necessity of the research. The Secretary may not delegate the authority under this subsection. the nature of the research to be conducted using canines, felines, or non-human primates; the date on which the Secretary approved the research; the USDA pain category on the approved use; the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates, and methods used to make such determination; the frequency and duration of such research; and the protocols in place to ensure the necessity, safety, and efficacy of the research, and animal welfare. any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report; the circumstances under which such research was conducted using canines, felines, or non-human primates; the justification for using canines, felines, or non-human primates to conduct such research; the protocols in place to ensure the necessity, safety, and efficacy of such research; and the development and adoption of alternatives to canines, felines, or non-human primate research. Not later than December 31, 2025 , and annually thereafter, the Department of Veterans Affairs must submit to voluntary U.S. Department of Agriculture inspections of canine, feline, and non-human primate research facilities. any violations of the Animal Welfare Act [ 7 U.S.C. 2131 et seq.], the Public Health Service Policy on Humane Care and Use of Laboratory Animals, or other Department of Veterans Affairs policies related to oversight of animal research found during that quarter in VA research facilities; immediate corrective actions taken; and specific actions taken to prevent their recurrence. The Department shall implement a plan under which the Secretary will eliminate the research conducted using canines, felines, or non-human primates by not later than September 20, 2026 .” Along with the supporting information included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31 , United States Code, the President shall include information on the capacity of the Veterans Benefits Administration to process claims for benefits under the laws administered by the Secretary of Veterans Affairs, including information described in subsection (b), during the fiscal year covered by the budget with which the information is submitted. A time and motion study that the Secretary shall conduct on the processing of such claims. Such other information relating to such claims as the Secretary considers appropriate. A description of the actions the Secretary will take to improve the processing of such claims. An assessment of the actions identified by the Secretary under paragraph (2) in the previous year and an identification of the effects of those actions. This section shall apply with respect to any budget submitted as described in subsection (a) with respect to any fiscal year after fiscal year 2018.” In fiscal year 2017 and each fiscal year hereafter, beginning with the fiscal year 2018 budget request submitted to Congress pursuant to section 1105(a) of title 31 , United States Code, the budget justification documents submitted for the ‘Construction, Major Projects’ account of the Department of Veterans Affairs shall include, at a minimum, the information required under subsection (b). the estimated total cost of the project; the funding provided for each fiscal year prior to the budget year; the amount requested for the budget year; the estimated funding required for the project for each of the 4 fiscal years succeeding the budget year; and such additional information as is enumerated under the heading relating to the ‘Construction, Major Projects’ account of the Department of Veterans Affairs in the joint explanatory statement accompanying this Act. Not later than 45 days after the date of enactment of this Act [ Sept. 29, 2016 ], the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a proposed budget justification template that complies with the requirements of this section.” carrying out and promoting research regarding the etiologies, diagnosis, treatment, and prevention of war-related illnesses and post-deployment health issues; and promoting the development of appropriate health policies, including monitoring, medical recordkeeping, risk communication, and use of new technologies. make recommendations regarding: (A) design of an organizational structure or structures, operational scope, staffing and resource needs, establishment of appropriate databases, the advantages of single or multiple sites, mechanisms for implementing recommendations on policy, and relationship to academic or scientific entities; (B) the role or roles that relevant Federal departments and agencies should have in the establishment and operation of any such center or centers; and (C) such other matters as it considers appropriate; and report to the Secretary, the Secretaries of Defense and Health and Human Services, and the Committees on Veterans’ Affairs of the Senate and House of Representatives, not later than 1 year after the date of the enactment of this Act [ Nov. 11, 1998 ], on its recommendations. Not later than 60 days after receiving the report under subsection (b), the Secretaries specified in subsection (b)(2) shall submit to the Committees on Veterans’ Affairs and Armed Services of the Senate and the Committees on Veterans’ Affairs and Natoinal [sic] Security of the House of Representatives a joint report on the findings and recommendations contained in that report. Such report may set forth an operational plan for carrying out any recommendation in that report to establish a national center or centers for the study of war-related illnesses. No action to carry out such plan may be taken after the submission of such report until the end of a 90-day period following the date of the submission.” Employment services and other employment benefits under programs administered by the Secretary of Labor. Compensation under chapter 11 of title 38, United States Code. Dependency and Indemnity Compensation under chapter 13 of such title. Pension under chapter 15 of such title. Inpatient hospital care under chapter 17 of such title. Outpatient medical care under chapter 17 of such title. Nursing home care under chapter 17 of such title. Domiciliary care under chapter 17 of such title. Readjustment counseling services under section 1712A of such title. Insurance under chapter 19 of such title. Specially adapted housing for disabled veterans under chapter 21 of such title. Burial benefits under chapter 23 of such title. Educational assistance under chapters 30, 32, and 34 of such title and chapter 106 of title 10, United States Code. Vocational rehabilitation services under chapter 31 of title 38, United States Code. Survivors’ and dependents’ educational assistance under chapter 35 of such title. Home loan benefits under chapter 37 of such title. Automobiles and adaptive equipment under chapter 39 of such title. If the Secretary of Veterans Affairs or the Secretary of Labor determines that, with respect to any services or benefits referred to in subsection (a), it is not feasible to identify an estimated dollar amount to be obligated for furnishing such services or benefits only to veterans described in that subsection for any fiscal year, the Secretary of Veterans Affairs and the Secretary of Labor shall, with respect to an appropriation request for such fiscal year relating to such services or benefits, report to the Committees on Veterans’ Affairs of the Senate and the House of Representatives the reasons for the infeasibility. The report shall be submitted contemporaneously with the budget submission for such fiscal year. The report shall specify (1) the information, systems, equipment, or personnel that would be required in order for it to be feasible for the Secretary of Veterans Affairs or the Secretary of Labor to identify such amount, and (2) the actions to be taken in order to ensure that it will be feasible to make such an estimate in connection with the submission of the budget request for the next fiscal year.” The Secretary of Veterans Affairs shall establish and carry out an information program relating to the acquired immune deficiency syndrome (hereinafter in this section referred to as ‘AIDS’). The information program shall be for employees and consultants of the Department of Veterans Affairs, for other persons providing services in Department of Veterans Affairs facilities to beneficiaries of programs administered by the Department of Veterans Affairs, and for such beneficiaries. develop, in consultation with the Surgeon General of the United States and the Director of the Centers for Disease Control and Prevention, publications and other materials containing information on AIDS, including information on the prevention of infection with the human immunodeficiency virus; provide for periodic dissemination of publications (including the Surgeon General’s Report on AIDS) and other materials containing such information; make publications and other suitable materials containing such information readily available in Department of Veterans Affairs health-care facilities and such other Department of Veterans Affairs facilities as the Secretary considers appropriate; and disseminate information (including the Surgeon General’s Report on AIDS) on the risk of transmission of the human immunodeficiency virus, and information on preventing the transmission of such virus, to Department of Veterans Affairs substance abuse treatment personnel, to each person being furnished treatment by the Department of Veterans Affairs for drug abuse, and to each person receiving care or services from the Department of Veterans Affairs whom the Secretary believes to be at high risk for AIDS. The Secretary shall establish and carry out a program that provides for education, training, and other activities (including continuing education and infection control programs) regarding AIDS and the human immunodeficiency virus designed to improve the effectiveness and safety of all health-care personnel and all health-care support personnel involved in the furnishing of care under programs administered by the Department of Veterans Affairs.”