38 U.S.C. § 301 - Department

• Cite as: 38 U.S.C. § 301
• Currency: Current through P.L. 116-135 (03/26/2020)

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(a) The Department of Veterans Affairs is an executive department of the United States.

(b) 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.

(c) The Department is composed of the following:

(1) The Office of the Secretary.

(2) The Veterans Health Administration.

(3) The Veterans Benefits Administration.

(4) The National Cemetery Administration.

(5) The Board of Veterans' Appeals.

(6) The Veterans' Canteen Service.

(7) The Board of Contract Appeals.

(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary.

(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).

Cite as 38 U.S.C. § 301

Source: Added Pub. L. 102-83, §2(a), Aug. 6, 1991, 105 Stat. 378; amended Pub. L. 105-368, title IV, §403(a)(2), Nov. 11, 1998, 112 Stat. 3338.

Notes from the Office of Law Revision Counsel

current through 10/16/2020

PRIOR PROVISIONS

Prior section 301 was renumbered section 1101 of this title.

Provisions similar to those in subsec. (a) of this section were contained in section 2 of Pub. L. 100-527 known as the Department of Veterans Affairs Act.

Provisions similar to those in subsec. (b) of this section were contained in section 201 of this title prior to repeal by Pub. L. 102-83, §2(a).

AMENDMENTS

1998-Subsec. (c)(4). Pub. L. 105-368 substituted "Administration" for "System".

DEPARTMENT OF VETERANS AFFAIRS PERSONNEL TRANSPARENCY

Pub. L. 116-159, div. E, title I, §51085108,, 134 Stat. 749, provided that: "Not later than October 31, 2022, and October 31, 2024, and as frequently thereafter as the Inspector General of the Department of Veterans Affairs considers appropriate, the Inspector General shall-

"(1) 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);

"(2) develop recommendations for such legislative or administrative action as the Inspector General considers appropriate for such administration; and

"(3) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on-

"(A) the findings of the Inspector General with respect to the most recent review conducted under paragraph (1); and

"(B) the recommendations most recently developed under paragraph (2)."

Pub. L. 115-182, title V, §505, June 6, 2018, 132 Stat. 1477, provided that:

"(a) PUBLICATION OF STAFFING AND VACANCIES.-

"(1) WEBSITE REQUIRED.-Subject to paragraph (2) and not later than 90 days after the date of the enactment of this Act [June 6, 2018], the Secretary of Veterans Affairs shall make publicly available on an Internet website of the Department of Veterans Affairs the following information, which shall, subject to subparagraph (D), be displayed by departmental component or, in the case of information relating to Veterans Health Administration positions, by medical facility:

"(A) The number of personnel encumbering positions.

"(B) The number of accessions and separation actions processed during the quarter preceding the date of the publication of the information.

"(C) The number of vacancies, by occupation.

"(D) 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.

"(2) EXCEPTIONS.-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.

"(3) UPDATE OF INFORMATION.-The Secretary shall update the information on the website required under paragraph (1) on a quarterly basis.

"(4) TREATMENT OF CONTRACTOR POSITIONS.-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).