§ 303. — Secretary of Veterans Affairs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC303]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec. 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 Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 379.)
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 Pub. L. 100-527, known as the Department of Veterans
Affairs Act, prior to repeal by Pub. L. 102-83, Secs. 2(a), 3(1).
National Center on War-Related Illnesses and Post-Deployment Health
Issues
Pub. L. 105-368, title I, Sec. 103, Nov. 11, 1998, 112 Stat. 3322,
provided that:
``(a) Assessment.--The Secretary of Veterans Affairs shall seek to
enter into an agreement with the National Academy of Sciences, or
another appropriate independent organization, under which such entity
shall assist in developing a plan for the establishment of a national
center or national centers for the study of war-related illnesses and
post-deployment health issues. The purposes of such a center may
include--
``(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) Recommendations and Report.--With respect to such a center, an
agreement under this section shall provide for the Academy (or other
entity) to--
``(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) Report on Establishment of National Center.--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.''
Specification in Budget Submissions of Funds for Certain Veterans
Benefits
Pub. L. 100-687, div. B, title XIV, Sec. 1404, Nov. 18, 1988, 102
Stat. 4131, as amended by Pub. L. 102-83, Secs. 5(c)(2), 6(k)(3), Aug.
6, 1991, 105 Stat. 406, 409, provided that:
``(a) Budget Information.--In the documentation providing detailed
information on the budgets for the Department of Veterans Affairs and
the Department of Labor that the Secretary of Veterans Affairs and the
Secretary of Labor, respectively, submit to the Congress in conjunction
with the President's budget submission for each fiscal year pursuant to
section 1105 of title 31, United States Code, the Secretary of Veterans
Affairs and the Secretary of Labor shall identify, to the maximum extent
feasible, the estimated amount in each of the appropriation requests for
Department of Veterans Affairs accounts and Department of Labor
accounts, respectively, that is to be obligated for the furnishing of
each of the following services or benefits only to, or with respect to,
veterans who performed active military, naval, or air service in combat
with the enemy or in a theatre of combat operations during a period of
war or other hostilities:
``(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) Report on Feasibility.--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.''
Information and Training Concerning AIDS Prevention
Pub. L. 100-322, title I, Sec. 123, May 20, 1988, 102 Stat. 504, as
amended by Pub. L. 102-83, Sec. 6(j)(2), Aug. 6, 1991, 105 Stat. 409;
Pub. L. 102-531, title III, Sec. 312(c), Oct. 27, 1992, 106 Stat. 3504,
provided that:
``(a) Information Program.--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.
``(b) Required Elements of Information Program.--In conducting the
program under subsection (a), the Secretary shall--
``(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) Training in AIDS Prevention.--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.''
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.
