§ 301. — Department.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC301]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec. 301. Department
(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).
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 378; amended
Pub. L. 105-368, title IV, Sec. 403(a)(2), Nov. 11, 1998, 112 Stat.
3338.)
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, Sec. 2(a).
Amendments
1998--Subsec. (c)(4). Pub. L. 105-368 substituted ``Administration''
for ``System''.
Order of Succession
For order of succession during any period when both Secretary and
Deputy Secretary of Veterans Affairs are unable to perform functions and
duties of office of Secretary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66
F.R. 66271, set out as a note under section 3345 of Title 5, Government
Organization and Employees.
Renaming of Veterans Health Services and Research Administration
Pub. L. 102-40, Sec. 2, May 7, 1991, 105 Stat. 187, provided that:
``(a) Renaming.--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.
``(b) References.--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.''
Department of Veterans Affairs Act
Pub. L. 100-527, Secs. 1-12, 14, 16, 18, Oct. 25, 1988, 102 Stat.
2635-2642, 2644, 2645, 2648, as amended by Pub. L. 101-94, title IV,
Sec. 401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101-576, title II,
Sec. 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102-83, Sec. 3,
Aug. 6, 1991, 105 Stat. 402, provided that:
``SECTION 1. SHORT TITLE.
``This Act [see Tables for classification] may be cited as the
`Department of Veterans Affairs Act'.
``SEC. 2. ESTABLISHMENT OF VETERANS' ADMINISTRATION AS AN EXECUTIVE
DEPARTMENT.
``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, Sec. 3(3), Aug. 6, 1991, 105
Stat. 402.]
``SEC. 6. VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION.
``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.
``SEC. 7. VETERANS BENEFITS ADMINISTRATION.
``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.
``SEC. 8. OFFICE OF THE GENERAL COUNSEL.
``[(a) Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105 Stat.
402.]
``(b) Continuation of Service of General Counsel.--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.
``SEC. 9. OFFICE OF THE INSPECTOR GENERAL.
``(a) Redesignation.--The Office of Inspector General of the
Veterans' Administration, established in accordance with the Inspector
General Act of 1978 [Pub. L. 95-452, set out in the Appendix to Title 5,
Government Organization and Employees], is hereby redesignated as the
Office of Inspector General of the Department of Veterans Affairs.
``[(b) Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105 Stat.
402.]
``SEC. 10. REFERENCES.
``Reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or pertaining
to the Veterans' Administration--
``(1) to the Administrator of Veterans' Affairs shall be deemed
to refer to the Secretary of Veterans Affairs;
``(2) to the Veterans' Administration shall be deemed to refer
to the Department of Veterans Affairs;
``(3) to the Deputy Administrator of Veterans' Affairs shall be
deemed to refer to the Deputy Secretary of Veterans Affairs;
``(4) 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;
``(5) 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;
``(6) 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;
``(7) 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;
``(8) 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
``(9) 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.
``SEC. 11. SAVINGS PROVISIONS.
``(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, grants, contracts,
certificates, licenses, and privileges--
``(1) 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
``(2) which are in effect on the effective date of this Act
[Mar. 15, 1989];
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, by a court
of competent jurisdiction, or by operation of law.
``(b) Proceedings Not Affected.--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.
``(c) Suits Not Affected.--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.
``(d) Nonabatement of Actions.--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.
``(e) Property and Resources.--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.
``(f) Compensation for Continued Service.--Any person--
``(1) who acts as Secretary or Deputy Secretary of the
Department of Veterans Affairs under section 3(e);
``(2) 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;
``(3) who acts as the Director of the National Cemetery System
[now Under Secretary of Veterans Affairs for Memorial Affairs] under
section 3(h); or
``(4) who acts as General Counsel of the Department of Veterans
Affairs under section 8(b);
after the effective date of this Act and before the first appointment of
a person to such position after such date shall continue to be
compensated for so serving or acting at the rate at which such person
was compensated before the effective date of this Act.
``[SEC. 12. Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105 Stat.
402.]
``SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.
``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].
``[SEC. 16. Repealed. Pub. L. 102-83, Sec. 3(3), Aug. 6, 1991, 105 Stat.
402.]
``SEC. 18. EFFECTIVE DATE.
``(a) In General.--Except as provided in subsection (b), this Act
shall take effect on March 15, 1989.
``(b) Appointment of Secretary.--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.''
