§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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 210(a), (b)(1) of this title and in second and third sentences of section 2 of
Statutory Notes and Related Subsidiaries
Plan for Reduction of Backlog of Freedom of Information Act Requests
"(a)
"(1)
"(2)
"(A) 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.
"(B) 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.
"(C) A schedule for carrying out the plan, including key milestones and metrics.
"(b)
"(c)
"(1)
"(A)
"(B)
"(i) The plan established under subsection (a).
"(ii) An analysis of the root causes of the backlog of Freedom of Information Act requests.
"(iii) Recommendations with respect to any additional resources or legislative action the Secretary determines necessary for such implementation.
"(2)
"(A) carrying out the plan under subsection (a), including any updates or changes made to the plan; and
"(B) the compliance by the Department as described in subsection (b).
"(3)
"(d)
Waiver of Pay Caps for Employees of Department of Veterans Affairs During Public Health Emergencies
"(a)
"(b)
"(1)
"(2)
"(A) 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.
"(B) For how many employees the waiver or waivers were used, disaggregated by component of the Department and, if applicable, medical center of the Department.
"(C) 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.
"(c)
[For definition of "public health emergency" as used in section 20008 of
Provision by Department of Veterans Affairs of Personal Protective Equipment for Home Health Workers
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
[For definition of "public health emergency" as used in section 20009 of
Secretary's Approval of Research Using Canines, Felines, or Non-Human Primates
"(a) None of the funds appropriated or otherwise made available by this Act [div. A of
"(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after the date of enactment of this Act, using canines, felines, or non-human primates if the Secretary certifies that-
"(A) 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;
"(B) 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);
"(C) 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
"(D) ethical considerations regarding minimizing the harm experienced by canines, felines, or non-human primates are included in evaluating the scientific necessity of the research.
"(2) The Secretary may not delegate the authority under this subsection.
"(c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing-
"(1) the nature of the research to be conducted using canines, felines, or non-human primates;
"(2) the date on which the Secretary approved the research;
"(3) the USDA pain category on the approved use;
"(4) 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;
"(5) the frequency and duration of such research; and
"(6) the protocols in place to ensure the necessity, safety, and efficacy of the research, and animal welfare.
"(d) Not later than 180 days after the date of the enactment of this Act [Mar. 9, 2024], and biannually thereafter, the Secretary shall submit to such Committees a report describing-
"(1) 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;
"(2) the circumstances under which such research was conducted using canines, felines, or non-human primates;
"(3) the justification for using canines, felines, or non-human primates to conduct such research;
"(4) the protocols in place to ensure the necessity, safety, and efficacy of such research; and
"(5) the development and adoption of alternatives to canines, felines, or non-human primate research.
"(e) Not later than 180 days after the date of the enactment of this Act [Mar. 9, 2024], 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.
"(f) Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to such Committees a report describing -
"(1) any violations of the Animal Welfare Act, 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;
"(2) immediate corrective actions taken; and
"(3) specific actions taken to prevent their recurrence.
"(g) 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 2 years after the date of enactment of this Act."
Similar provisions were contained in the following prior appropriation acts:
Plans for Use of Supplemental Appropriations Required
Inclusion in Annual Budget Submission of Information on Capacity of Veterans Benefits Administration To Process Benefits Claims
"(a)
"(b)
"(1) An estimate of the average number of claims for benefits under the laws administered by the Secretary, excluding such claims completed during mandatory overtime, that a single full-time equivalent employee of the Administration should be able to process in a year, based on the following:
"(A) A time and motion study that the Secretary shall conduct on the processing of such claims.
"(B) Such other information relating to such claims as the Secretary considers appropriate.
"(2) A description of the actions the Secretary will take to improve the processing of such claims.
"(3) 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.
"(c)
Information To Be Included in Budget Justification Documents for Construction, Major Projects Account
"(a) 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).
"(b) The budget justification documents submitted pursuant to subsection (a) shall include, for each project-
"(1) the estimated total cost of the project;
"(2) the funding provided for each fiscal year prior to the budget year;
"(3) the amount requested for the budget year;
"(4) the estimated funding required for the project for each of the 4 fiscal years succeeding the budget year; and
"(5) 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.
"(c) 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."
[For definition of "joint explanatory statement accompanying this Act" as used in section 258 of div. A of
Notice to Congressional Veterans Committees of Certain Transfers of Funds
National Center on War-Related Illnesses and Post-Deployment Health Issues
"(a)
"(1) carrying out and promoting research regarding the etiologies, diagnosis, treatment, and prevention of war-related illnesses and post-deployment health issues; and
"(2) promoting the development of appropriate health policies, including monitoring, medical recordkeeping, risk communication, and use of new technologies.
"(b)
"(1) 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
"(2) 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.
"(c)
Specification in Budget Submissions of Funds for Certain Veterans Benefits
"(a)
"(1) Employment services and other employment benefits under programs administered by the Secretary of Labor.
"(2) Compensation under chapter 11 of title 38, United States Code.
"(3) Dependency and Indemnity Compensation under chapter 13 of such title.
"(4) Pension under chapter 15 of such title.
"(5) Inpatient hospital care under chapter 17 of such title.
"(6) Outpatient medical care under chapter 17 of such title.
"(7) Nursing home care under chapter 17 of such title.
"(8) Domiciliary care under chapter 17 of such title.
"(9) Readjustment counseling services under section 1712A of such title.
"(10) Insurance under chapter 19 of such title.
"(11) Specially adapted housing for disabled veterans under chapter 21 of such title.
"(12) Burial benefits under chapter 23 of such title.
"(13) Educational assistance under chapters 30, 32, and 34 of such title and chapter 106 of title 10, United States Code.
"(14) Vocational rehabilitation services under chapter 31 of title 38, United States Code.
"(15) Survivors' and dependents' educational assistance under chapter 35 of such title.
"(16) Home loan benefits under chapter 37 of such title.
"(17) Automobiles and adaptive equipment under chapter 39 of such title.
"(b)
Information and Training Concerning AIDS Prevention
"(a)
"(b)
"(1) 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;
"(2) provide for periodic dissemination of publications (including the Surgeon General's Report on AIDS) and other materials containing such information;
"(3) 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
"(4) 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.
"(c)
Definition of "Public Health Emergency"
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Secretary of Veterans Affairs, see Parts 1, 2, and 27 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.