§ 318. — Center for Women Veterans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC318]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec. 318. Center for Women Veterans
(a) There is in the Department a Center for Women Veterans. There is
at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in the
Senior Executive Service. The Director shall be appointed for a term of
six years.
(c) The Director reports directly to the Secretary or the Deputy
Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with respect
to veterans who are women:
(1) Serve as principal adviser to the Secretary on the adoption
and implementation of policies and programs affecting veterans who
are women.
(2) Make recommendations to the Secretary, the Under Secretary
for Health, the Under Secretary for Benefits, and other Department
officials for the establishment or improvement of programs in the
Department for which veterans who are women are eligible.
(3) Promote the use of benefits authorized by this title by
veterans who are women and the conduct of outreach activities to
veterans who are women, in conjunction with outreach activities
carried out under chapter 77 of this title.
(4) Disseminate information and serve as a resource center for
the exchange of information regarding innovative and successful
programs which improve the services available to veterans who are
women.
(5) Conduct and sponsor appropriate social and demographic
research on the needs of veterans who are women and the extent to
which programs authorized under this title meet the needs of those
veterans, without regard to any law concerning the collection of
information from the public.
(6) Analyze and evaluate complaints made by or on behalf of
veterans who are women about the adequacy and timeliness of services
provided by the Department and advise the appropriate official of
the Department of the results of such analysis or evaluation.
(7) Consult with, and provide assistance and information to,
officials responsible for administering Federal, State, local, and
private programs that assist veterans, to encourage those officials
to adopt policies which promote the use of those programs by
veterans who are women.
(8) Advise the Secretary when laws or policies have the effect
of discouraging the use of benefits by veterans who are women.
(9) Publicize the results of medical research which are of
particular significance to veterans who are women.
(10) Advise the Secretary and other appropriate officials on the
effectiveness of the Department's efforts to accomplish the goals of
section 492B of the Public Health Service Act (42 U.S.C. 289a-2)
with respect to the inclusion of women in clinical research and on
particular health conditions affecting women's health which should
be studied as part of the Department's medical research program and
promote cooperation between the Department and other sponsors of
medical research of potential benefit to veterans who are women.
(11) Provide support and administrative services to the Advisory
Committee on Women Veterans established under section 542 of this
title.
(12) Perform such other duties consistent with this section as
the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the functions
of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to Congress
by the Secretary in support of the President's budget for each fiscal
year--
(1) detailed information on the budget for the Center;
(2) the Secretary's opinion as to whether the resources
(including the number of employees) proposed in the budget for that
fiscal year are adequate to enable the Center to comply with its
statutory and regulatory duties; and
(3) a report on the activities and significant accomplishments
of the Center during the preceding fiscal year.
(Added Pub. L. 103-446, title V, Sec. 509(a), Nov. 2, 1994, 108 Stat.
4666; amended Pub. L. 104-275, title V, Sec. 501(a), (d), Oct. 9, 1996,
110 Stat. 3340, 3341.)
Prior Provisions
Prior sections 321, 322, and 331 to 335 were renumbered sections
1121, 1122, and 1131 to 1135 of this title, respectively.
Prior section 336, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, set
forth the conditions under which wartime rates were payable to any
veteran otherwise entitled to compensation under subchapter IV of
chapter 11 of this title, prior to repeal by Pub. L. 92-328, title I,
Sec. 108(c), title III, Sec. 301(b), June 30, 1972, 86 Stat. 396, 398,
effective July 1, 1973.
Prior sections 337, 341, and 342 were renumbered sections 1137,
1141, and 1142 of this title, respectively.
Prior section 343, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124,
prescribed conditions under which wartime rates of compensation were
payable, prior to repeal by Pub. L. 93-295, title II, Sec. 206(b), title
IV, Sec. 401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974.
Prior sections 351 to 355 were renumbered sections 1151 to 1155 of
this title, respectively.
Prior section 356, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125,
provided for a minimum rating for veterans with arrested tuberculosis,
prior to repeal by Pub. L. 90-493, Sec. 4, Aug. 19, 1968, 82 Stat. 809,
but repeal not applicable in case of veteran who on Aug. 19, 1968, was
receiving or entitled to receive compensation for tuberculosis which in
the judgment of the Administrator had reached a condition of complete
arrest.
Prior sections 357 to 363 were renumbered sections 1157 to 1163 of
this title, respectively.
Prior sections 401 and 402 were renumbered sections 1301 and 1302 of
this title, respectively.
Prior section 403, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127;
Pub. L. 91-96, Sec. 2, Oct. 27, 1969, 83 Stat. 144, defined Reserve
Officer Training Corps annual training duty and authorized travel to and
from such duty as active military service for the purposes of chapter 11
of this title and former section 722 of this title, prior to repeal by
Pub. L. 97-306, title I, Sec. 113(b)(1), (d), Oct. 14, 1982, 96 Stat.
1432, 1433, effective Oct. 1, 1982, with respect to deaths and
disabilities resulting from diseases or injuries incurred or aggravated
after Sept. 30, 1982, and Oct. 1, 1983, with respect to deaths and
disabilities incurred or aggravated before Oct. 1, 1982.
Prior sections 404, 410 to 418, and 421 to 423 were renumbered
sections 1304, 1310 to 1318, and 1321 to 1323 of this title,
respectively.
Amendments
1996--Subsec. (b). Pub. L. 104-275, Sec. 501(a), inserted ``career
or'' before ``noncareer''.
Subsec. (d)(10). Pub. L. 104-275, Sec. 501(d), substituted ``(42
U.S.C. 289a-2) with respect to the inclusion of women in clinical
research and on'' for ``(relating to the inclusion of women and
minorities in clinical research) and of''.
Assessment of Use by Women Veterans of Department of Veterans Affairs
Health Services
Pub. L. 104-262, title III, Sec. 323, Oct. 9, 1996, 110 Stat. 3196,
provided that:
``(a) Reports to Under Secretary for Health.--The Center for Women
Veterans of the Department of Veterans Affairs (established under
section 509 of Public Law 103-446 [enacting this section and section 317
of this title and repealing former section 317 of this title]), in
consultation with the Advisory Committee on Women Veterans, shall assess
the use by women veterans of health services through the Department of
Veterans Affairs, including counseling for sexual trauma and mental
health services. The Center shall submit to the Under Secretary for
Health of the Department of Veterans Affairs a report not later than
April 1, 1997, and April 1 of each of the two following years, on--
``(1) the extent to which women veterans described in paragraphs
(1) and (2) of section 1710(a) of title 38, United States Code, fail
to seek, or face barriers in seeking, health services through the
Department, and the reasons therefor; and
``(2) recommendations, if indicated, for encouraging greater use
of such services, including (if appropriate) public service
announcements and other outreach efforts.
``(b) Reports to Congressional Committees.--Not later than July 1,
1997, and July 1 of each of the two following years, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report containing--
``(1) the most recent report of the Center for Women Veterans
under subsection (a);
``(2) the views of the Under Secretary for Health on such
report's findings and recommendations; and
``(3) a description of the steps being taken by the Secretary to
remedy any problems described in the report.''
