(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, § 2(a), Aug. 6, 1991, 105 Stat. 378; amended Pub. L. 105–368, title IV, § 403(a)(2), Nov. 11, 1998, 112 Stat. 3338.)
Editorial Notes
Prior ProvisionsPrior 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, § 2(a).
Amendments1998—Subsec. (c)(4). Pub. L. 105–368 substituted “Administration” for “System”.
Statutory Notes and Related Subsidiaries
Department of Veterans Affairs Personnel TransparencyPub. L. 116–159, div. E, title I, § 5108, Oct. 1, 2020, 134 Stat. 749, provided that:
“Not later than October 31, 2022, and October 31, 2024, and as frequently thereafter as the Inspector General of the Department of Veterans Affairs considers appropriate, the Inspector General shall—
“(1) review the administration of the internet website required by section 505(a)(1) of the VA MISSION Act of 2018 (Public Law 115–182; 132 Stat. 1477; 38 U.S.C. 301 note);
“(2) develop recommendations for such legislative or administrative action as the Inspector General considers appropriate for such administration; and
“(3) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on—“(A) the findings of the Inspector General with respect to the most recent review conducted under paragraph (1); and
“(B) the recommendations most recently developed under paragraph (2).”
Pub. L. 115–182, title V, § 505, June 6, 2018, 132 Stat. 1477, as amended by Pub. L. 116–315, title III, § 3008, Jan. 5, 2021, 134 Stat. 4996, provided that:
“(a) Publication of Staffing and Vacancies.—“(1) Website required.—Subject to paragraph (2) and not later than 90 days after the date of the enactment of this Act [June 6, 2018], the Secretary of Veterans Affairs shall make publicly available on an Internet website of the Department of Veterans Affairs the following information, which shall, subject to subparagraph (D), be displayed by departmental component or, in the case of information relating to Veterans Health Administration positions, by medical facility:“(A) The number of personnel encumbering positions.
“(B) The number of accessions and separation actions processed during the quarter preceding the date of the publication of the information.
“(C) The number of vacancies, by occupation.
“(D) The percentage of new hires for the Department who were hired within the time-to-hire target of the Office of Personnel Management, disaggregated by administration.
“(E) Beginning with any update under paragraph (3) on or after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 [Jan. 5, 2021], the following:“(i) For employees appointed under paragraphs (1) and (3) of section 7401 of title 38, United States Code, the number of employees for which the duration of the process from validation of vacancy to receipt of official offer and notification of actual start date exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model.
“(ii) The percentage of employees who are described in clause (i) compared to all employees appointed under paragraphs (1) and (3) of section 7401 of such title during the same period.
“(iii) The average number of days potential hires or new hires appointed under paragraphs (1) and (3) of section 7401 of such title spent in each phase of the Time to Hire Model, or successor model.
“(2) Exceptions.—The Secretary may withhold from publication under paragraph (1) information relating to law enforcement, information security, or such positions in the Department that the Secretary determines to be sensitive.
“(3) Update of information.—The Secretary shall update the information on the website required under paragraph (1) on a quarterly basis.
“(4) Treatment of contractor positions.—Any Department of Veterans Affairs position that is filled with a contractor may not be treated as a Department position for purposes of the information required to be published under paragraph (1).
“(5) Inspector general review.—On a semi-annual basis, the Inspector General of the Department shall review the administration of the website required under paragraph (1) and make recommendations relating to the improvement of such administration.
“(b) Report to Congress.—The Secretary of Veterans Affairs shall submit to Congress an annual report on the steps the Department is taking to achieve full staffing capacity and to improve the onboard timeline for facilities for which the duration of the onboarding process exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model. Each such report shall include the amount of additional funds necessary to enable the Department to reach full staffing capacity.”
Department of Veterans Affairs Franchise FundPub. L. 104–204, title I, Sept. 26, 1996, 110 Stat. 2880, as amended by Pub. L. 109–114, title II, § 208, Nov. 30, 2005, 119 Stat. 2389, provided in part that: “There is hereby established in the Treasury a Department of Veterans Affairs franchise fund, to be available without fiscal year limitation for expenses and equipment necessary for the maintenance and operation of such administrative services as the Secretary determines may be performed more advantageously as central services: Provided, That any inventories, equipment and other assets pertaining to the services to be provided by the franchise fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize the franchise fund: Provided further, That the franchise fund may be paid in advance from funds available to the Department and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That the franchise fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Departmental financial management, ADP, and other support systems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury.”
Renaming of Veterans Health Services and Research AdministrationPub. L. 102–40, § 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 ActPub. L. 100–527, §§ 1–12, 14, 16, 18, Oct. 25, 1988, 102 Stat. 2635–2642, 2644, 2645, 2648, as amended by Pub. L. 101–94, title IV, § 401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–576, title II, § 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102–83, § 3, Aug. 6, 1991, 105 Stat. 402, provided that:
Executive Documents
Order of SuccessionFor 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, listed in a table under section 3345 of Title 5, Government Organization and Employees.
Ex. Ord. No. 13793. Improving Accountability and Whistleblower Protection at the Department of Veterans Affairs
Ex. Ord. No. 13793, Apr. 27, 2017, 82 F.R. 20539, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. This order is intended to improve accountability and whistleblower protection at the Department of Veterans Affairs (VA) by directing the Secretary of Veterans Affairs (Secretary) to establish within the VA an Office of Accountability and Whistleblower Protection and to appoint a Special Assistant to serve as Executive Director of the Office.
Sec. 2. Establishing a VA Office of Accountability and Whistleblower Protection. (a) Within 45 days of the date of this order, and to the extent permitted by law, the Secretary shall establish in the VA the Office of Accountability and Whistleblower Protection (Office), and shall appoint a Special Assistant, reporting directly to the Secretary, to serve as Executive Director of the Office. The VA shall provide funding and administrative support for the Office, consistent with applicable law and subject to the availability of appropriations.
(b) To the extent permitted by law, the Office shall:
(i) advise and assist the Secretary in using, as appropriate, all available authorities to discipline or terminate any VA manager or employee who has violated the public’s trust and failed to carry out his or her duties on behalf of veterans, and to recruit, reward, and retain high-performing employees;
(ii) identify statutory barriers to the Secretary’s authority to discipline or terminate any employee who has jeopardized the health, safety, or well-being of a veteran, and to recruit, reward, and retain high-performing employees; and report such barriers to the Secretary for consideration as to the need for legislative changes;
(iii) work closely with relevant VA components to ensure swift and effective resolution of veterans’ complaints of wrongdoing at the VA; and
(iv) work closely with relevant VA components to ensure adequate investigation and correction of wrongdoing throughout the VA, and to protect employees who lawfully disclose wrongdoing from retaliation.
(c) In establishing the Office, the Secretary shall consider, in addition to any other relevant factors:
(i) whether some or all of the functions of the Office are currently performed by an existing VA office, component, or program;
(ii) whether certain administrative capabilities necessary for operating the Office are redundant with those of another VA office, component, or program; and
(iii) whether combining the Office with another VA office, component, or program may improve the VA’s efficiency, effectiveness, or accountability.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ex. Ord. No. 14296. Keeping Promises to Veterans and Establishing a National Center for Warrior Independence
Ex. Ord. No. 14296, May 9, 2025, 90 F.R. 20369, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose and Policy. Our Nation’s security, prosperity, and freedom would not be possible without our veterans. Many service members paid the ultimate sacrifice. Many others bear visible and invisible wounds from their service. Too many veterans are homeless in America. Each veteran deserves our gratitude.
Yet the Federal Government has not always treated veterans like the heroes they are. During the previous administration, unaccountable bureaucrats treated them shamefully, failing veterans when they needed help most and betraying the taxpayers who rightfully expect better.
The story of the West Los Angeles Veterans Affairs (VA) Medical Center is indicative of this failure. More than one hundred years ago, Senator John Percival Jones and Arcadia Bandini de Stearns Baker generously donated hundreds of acres of land that they owned in West Los Angeles on the condition that it be used to house disabled veterans. The campus once featured a chapel, billiard hall, 1,000-seat theater, and housed about 6,000 veterans, but the Federal Government has since allowed this crown jewel of veteran care to deteriorate over the last few decades.
The Department of Veterans Affairs (Department) leased parts of the property to a private school, private companies, and the baseball team of the University of California, Los Angeles, sometimes at significantly below-market prices. As of 2024, there were approximately 3,000 homeless veterans in Los Angeles, more than in any other city in the country and accounting for about 10 percent of all of America’s homeless veterans. Many of these heroes live in squalor in Los Angeles’s infamous “skid row.”
During my first term, I signed legislation to increase accountability and expand benefits and choices for veterans in accessing care, and my second term will build on those efforts. Accountability will return to the Department. Veterans around the Nation will have more choices in care, benefits, and services. The VA campus in West Los Angeles will become the National Center for Warrior Independence with facilities and resources to help our veterans earn back their self-sufficiency.
Sec. 2. Establishing the National Center for Warrior Independence. The Secretary of Veterans Affairs (Secretary) shall take all appropriate action to:
(a) designate a National Center for Warrior Independence on the West Los Angeles VA Campus in which homeless veterans in the Los Angeles metropolitan area and around the Nation can seek and receive the care, benefits, and services to which they are entitled;
(b) work with other municipalities and VA facilities to ensure that homeless veterans outside the Los Angeles metropolitan area who want to avail themselves of the National Center for Warrior Independence are provided the means to do so;
(c) in coordination with the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, and the heads of any other relevant executive departments or agencies, ensure that funds that may have been spent on housing or other services for illegal aliens are redirected to construct, establish, and maintain this National Center for Warrior Independence;
(d) work to restore self-sufficiency and the warrior ethos among homeless veterans through any guidance, requirements, or services needed to ensure that homeless veterans can access housing, receive substance abuse or addiction treatment, and return to productive work and community engagement; and
(e) within 120 days of the date of this order [May 9, 2025], present an action plan to the President, through the Assistant to the President for Domestic Policy, to meet these directives and restore the capacity to house up to 6,000 homeless veterans at the National Center for Warrior Independence by January 1, 2028.
Sec. 3. Voucher Program. The Secretary of Housing and Urban Development shall, in consultation with the Secretary, use vouchers to support homeless veterans in the Los Angeles metropolitan area and around the Nation with respect to this effort.
Sec. 4. Restoring Accountability at the Department of Veterans Affairs. The Secretary shall take the following steps to restore accountability and excellent service at the Department:
(a) take appropriate action against individuals who have committed misconduct, making full use of and in accordance with the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (Public Law 115–41) [see Tables for classification]; and
(b) investigate and take steps to rectify the previous administration’s decision to rehire and reinstate back pay for employees previously fired for misconduct and direct such savings back toward care, benefits, and services for veterans, in accordance with all applicable laws.
Sec. 5. Providing Choices and Excellence to Veterans. The Secretary shall take steps to increase the excellence of and options for care, benefits, and services for veterans including:
(a) within 60 days of the date of this order, submitting a report to the President, through the Assistant to the President for Domestic Policy, with a plan to reduce wait times for Veterans Health Administration appointments that explores options like expanding office hours, offering weekend appointments, and increasing the use of virtual healthcare options;
(b) within 30 days of the date of this order, directing a feasibility study at the Manchester VA Medical Center and within 180 days of this order, submitting to the President, through the Assistant to the President for Domestic Policy, an action plan to expand services to support a full-service medical center in New Hampshire so that it is no longer the only State in the contiguous United States without such a center; and
(c) in consultation with the Secretary of Defense, the Director of the Office of Management and Budget, and the Assistant to the President for Domestic Policy, developing a strategy to improve the delivery and quality of the Department’s healthcare services in a more efficient and effective manner to support veterans; the strategy shall initially prioritize implementation of actions to reduce access times and improve service delivery, to include options for offering treatment to veterans at select military treatment facilities and military beneficiaries at VA facilities with appropriate reimbursement.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Department of Veterans Affairs shall provide funding for this order’s publication in the Federal Register.
Donald J. Trump.