manent duty station for 25 or more employees or that is a freestanding outpatient clinic. (2) The term "detailed plan and justification" means, with respect to an administrative reorganization, a written report that, at a minimum, includes the following: (A) Specification of the number of employees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished. (B) Identification of any existing or planned office or facility at which the number of employees is to be increased and specification of the number and responsibilities of the additional employees at each such office or facility. (C) A description of the changes in the functions carried out at any existing office or facility and the functions to be assigned to an office or facility not in existence on the date that the plan and justification are submitted pursuant to subsection (b). (D) An explanation of the reasons for the determination that the reorganization is appropriate and advisable in terms of the statutory missions and long-term goals of the Department. (E) A description of the effects that the reorganization may have on the provision of benefits and services to veterans and dependents of veterans (including the provision of benefits and services through offices and facilities of the Department not directly affected by the reorganization). (F) Estimates of the costs of the reorganization and of the cost impact of the reorganization, together with analyses supporting those estimates. (Added P.L. 102-83, § 2(a).) § 511. Decisions of the Secretary; finality (a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise. (b) The second sentence of subsection (a) does not apply to(1) matters subject to section 502 of this title; (2) matters covered by sections 1975 and 1984 of this title; (Added P.L. 102-83, § 2(a).) § 512. Delegation of authority; assignment of functions and duties (a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers and employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary. (b) There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe. (Added P.L. 102-83, §2(a).) §513. Contracts and personal services The Secretary may, for purposes of all laws administered by the Department, accept uncompensated services, and enter into contracts or agreements with private or public agencies or persons (including contracts for services of translators without regard to any other law), for such necessary services (including personal services) as the Secretary may consider practicable. The Secretary may also enter into contracts or agreements with private concerns or public agencies for the hiring of passenger motor vehicles or aircraft for official travel whenever, in the Secretary's judgment, such arrangements are in the interest of efficiency or economy. (Added P.L. 102–83, § 2(a).) $515. Administrative settlement of tort claims (a)(1) Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States. (2) For purposes of this subsection, the term "settle", with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance. (b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues. (Added P.L. 102-83, § 2(a).) SUBCHAPTER II-SPECIFIED FUNCTIONS § 521. Assistance to certain rehabilitation activities (a) The Secretary may assist any organization named in or approved under section 5902 of this title in providing recreational activities which would further the rehabilitation of disabled veterans. Such assistance may be provided only if (1) the activities are available to disabled veterans on a national basis; and (2) a significant percentage of the individuals participating in the activities are eligible for rehabilitative services under chapter 17 of this title. (b) The Secretary may accept from any appropriate source contributions of funds and other assistance to support the Secretary's provision of assistance for such activities. (c)(1) Subject to paragraph (2), the Secretary may authorize the use, for purposes approved by the Secretary in connection with the activity involved, of the seal and other official symbols of the Department and the name "Department of Veterans Affairs" by (A) any organization which provides an activity described in subsection (a) with assistance from the Secretary; and (B) any individual or entity from which the Secretary accepts a significant contribution under subsection (b) or an offer of such a contribution. (2) The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary under this subsection only if (A) the Secretary has approved the advertisement; and (B) the advertisement contains a clear statement that no product, project, or commercial line of endeavor referred to in the advertisement is endorsed by the Department of Veterans Affairs. (Added P.L. 102-83, § 2(a).) § 522. Studies of rehabilitation of disabled persons (a) The Secretary may conduct studies and investigations, and prepare reports, relative to the rehabilitation of disabled persons, the relative abilities, aptitudes, and capacities of the several groups of the variously handicapped, and how their potentialities can best be developed and their services best used in gainful and suitable employment including the rehabilitation programs of foreign nations. (b) In carrying out this section, the Secretary (1) may cooperate with such public and private agencies as the Secretary considers advisable; and (2) may employ consultants who shall receive a reasonable per diem, as prescribed by the Secretary, for each day actually employed, plus necessary travel and other expenses. (Added P.L. 102-83, § 2(a).) § 523. Coordination and promotion of other programs affecting veterans and their dependents (a) The Secretary shall seek to achieve (1) the maximum feasible effectiveness, coordination, and interrelationship of services among all programs and activities affecting veterans and their dependents carried out by and under all other departments, agencies, and instrumentalities of the executive branch, and (2) the maximum feasible coordination of such programs with programs carried out under this title. The Secretary shall actively promote the effective implementation, enforcement, and application of all provisions of law and regulations providing for special consideration, emphasis, or preference for veterans. (b) The Secretary shall seek to achieve the effective coordination of the provision, under laws administered by the Department, of benefits and services (and information about such benefits and services) with appropriate programs (and information about such programs) conducted by State and local governmental agencies and private entities at the State and local level. In carrying out this subsection, the Secretary shall place special emphasis on veterans who are 65 years of age or older. (Added P.L. 102-83, § 2(a).) § 525. Publication of laws relating to veterans (a) The Secretary may compile and publish all Federal laws relating to veterans' relief, including laws administered by the Department as well as by other agencies of the Government. Such compilation and publication shall be in such form as the Secretary considers advisable for the purpose of making currently available in convenient form for the use of the Department and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans' relief. (b) The Secretary may maintain such compilation on a current basis either by the publication, from time to time, of supplementary documents or by complete revision of the compilation. (c) The distribution of the compilation to the representatives of the several service organizations shall be as determined by the Secretary. (Added P.L. 102-83, § 2(a).) § 527. Evaluation and data collection (a) The Secretary, pursuant to general standards which the Secretary shall prescribe in regulations, shall measure and evaluate on a continuing basis the effect of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their effect on related programs, and their structure and mechanisms for delivery of services. Such information as the Secretary may consider necessary for purposes of such evaluations shall be made available to the Secretary, upon request, by all departments, agencies, and instrumentalities of the executive branch. (b) In carrying out this section, the Secretary shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title. (c) The Secretary shall make available to the public, and on a regular basis provide to the appropriate committees of the Congress, copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations an analyses of all data collected, under this section. (Added P.L. 102-83, § 2(a).) 70-596 0-93- 4 § 529. Annual report to Congress The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall (1) give an account of all moneys received and disbursed by the Department for such fiscal year; (2) describe the work done during such fiscal year; and (3) state the activities of the Department for such fiscal year. (Added P.L. 102-83, §2(a).) SUBCHAPTER III—ADVISORY COMMITTEES § 541. Advisory Committee on Former Prisoners of War (a)(1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Former Prisoners of War (hereinafter in this section referred to as the "Committee”). (2)(A) The members of the Committee shall be appointed by the Secretary from the general public and shall include (i) appropriate representatives of veterans who are former prisoners of war; (ii) individuals who are recognized authorities in fields pertinent to disabilities prevalent among former prisoners of war, including authorities in epidemiology, mental health, nutrition, geriatrics, and internal medicine; and (iii) appropriate representatives of disabled veterans. (B) The Committee shall also include, as ex officio members, the Under Secretary for Health and the Under Secretary for Benefits, or their designees. (3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years. (Amended P.L. 102-405, § 302(c)(1).) (b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits under this title for veterans who are former prisoners of war and the needs of such veterans with respect to compensation, health care, and rehabilitation. (c)(1) Not later than July 1 of each odd-numbered year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are former prisoners of war. Each such report shall include (A) an assessment of the needs of such veterans with respect to compensation, health care, and rehabilitation; (B) a review of the programs and activities of the Department designed to meet such needs; and (C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers to be appropriate. (2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate. |