(Amended P.L. 102-405, § 302(c)(1).) (d)(1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: (A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration. (B) Two persons representing veterans served by the Veterans Benefits Administration. (C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope. (D) The Deputy Secretary of Veterans Affairs. (E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title. (F) One person who has held the position of Under Secretary for Benefits (including service as Under Secretary for Benefits of the Department), if the Secretary determines that it is desirable for such person to be a member of the Commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recom.nendations to the President with an comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection. (Added P.L. 102-83, §2(a); amended P.L. 102-83, §4(a)(3); P.L. 102-405, §302(c)(1).) §307. Director of the National Cemetery System There is in the Department a Director of the National Cemetery System, who is appointed by the President, by and with the advice and consent of the Senate. The Director is the head of the National Cemetery System as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary. (Added P.L. 102-83, §2(a).) $308. Assistant Secretaries; Deputy Assistant Secretaries (a) There shall be in the Department not more than six Assistant Secretaries. Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following func (1) Budgetary and financial functions. (2) Personnel management and labor relations functions. (4) Management, productivity, and logistic support functions. (5) Information management functions as required by Section 3506 of title 44. (6) Capital facilities and real property program functions. (8) Functions regarding the investigation of complaints of employment discrimination within the Department. (9) Functions regarding intergovernmental, public, and consumer information and affairs. (10) Procurement functions. (c) Whenever the President nominates an individual for appointment as an Assistant Secretary, the President shall include in the communication to the Senate of the nomination a statement of the particular functions of the Department specified in subsection (b), and any other functions of the Department, the individual will exercise upon taking office. (d)(1) There shall be in the Department such number of Deputy Assistant Secretaries, not exceeding 18, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by the Secretary and shall perform such functions as the Secretary prescribes. (2) At least two-thirds of the number of positions established and filled under paragraph (1) shall be filled by individuals who have at least five years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment as a Deputy Assistant Secretary. For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position (A) of a confidential, policy-determining, policy-making, or policy-advocating character; (B) in which such individual served as a noncareer appointee in the Senior Executive Service, as such term is defined in section 3132(a)(7) of title 5; or (C) to which such individual was appointed by the President. (Added P.L. 102-83, § 2(a).) §309. Chief Financial Officer The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in section 902 of title 31. (Added P.L. 102-83, § 2(a).) §310. Chief Information Resources Officer (a) The Secretary shall designate the Assistant Secretary whose functions include information management functions (as required by section 3506 of title 44) as the Chief Information Resources Officer of the Department. (b) The Chief Information Resources Officer shall advise the Secretary on information and management activities of the Department as required by section 3506 of title 44. (c) The Chief Information Resources Officer shall develop and maintain an information resources management system for the Department that provides for (1) the conduct of, and accountability for, any acquisitions made pursuant to a delegation of authority under section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759); (2) the implementation of all applicable Governmentwide and Department information policies, principles, standards, and guidelines with respect to information collection, paperwork reduction, privacy and security of records, sharing and dissemination of information, acquisition and use of information technology, and other information resources management functions; (3) the periodic evaluation of and (as needed) the planning and implementation of improvements in the accuracy, completeness, and reliability of data and records contained within Department information systems; and (4) the development and annual revision of a five-year plan for meeting the Department's information technology needs. (d) The Chief Information Resources Officer shall report directly to the Secretary in carrying out the duties of the Chief Information Resources Officer under this section and under chapter 35 of title 44. (Added P.L. 102-83, § 2(a).) §311. General Counsel There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department. (Added P.L. 102-83, § 2(a).) §312. Inspector General (a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in the Inspector General Act of 1978 (5 U.S.C. App. 3). The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act. (b)(1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989. (2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31 an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40. (3) The Secretary shall provide the number of additional full-time positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991. (Added P.L. 102-83, § 2(a).) §313. Availability of appropriations (a) Funds appropriated to the Department may remain available until expended. (b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless (1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and (2) the settlement is provided for specifically in an appropriation law. (Added P.L. 102-83, § 2(a).) §314. Central Office The Central Office of the Department shall be in the District of Columbia. (Added P.L. 102-83, § 2(a).) §315. Regional offices (a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary. (b) The Secretary may maintain a regional office in the Republic of the Philippines until March 31, 1994. (Added P.L. 102–83, § 2(a); amended P.L. 102-291, § 1(a).) §316. Colocation of regional offices and medical centers (a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department (1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or (2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation. (b)(1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a). (2) Such real property shall be used as the site of a facility(A) constructed and owned by the lessee of such real property; and (B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate. (cX1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department. (2) Each agreement for such a lease shall provide (A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and (B) that the ownership of the facility shall vest in the United States at the end of such lease. (d)(1) The Secretary may sublease any space in such a facility to another party at a rate not less than (A) the rental rate paid by the Secretary for such space under subsection (c); plus (B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabilitation costs) which are attributable to such space. (2) In any such sublease, the Secretary shall include such terms relating to default and nonperformance as the Secretary considers appropriate to protect the interests of the United States. (e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c). (f)(1) Subject to paragraph (3)(A), the Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following: (A) Identification of the site to be developed. (B) Minimum office space requirements for regional office activities. (C) Design criteria of the facility to be constructed. (D) A plan for meeting the security and parking needs for the facility and its occupants and visitors. (E) A statement of current and projected rents and other costs for regional office activities. (F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility. (G) A plan for securing appropriate licenses, easements, and rights-of-way. (H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned. (2) Subject to paragraph (3)(B), the Secretary shall (A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and (B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two additional colocations, unless the Secretary determines that it is not economically feasible for the Department to undertake them, taking into consideration |