38 Usc 521a

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TITLE 38—VETERANS’ BENEFITS

‘‘(2) Under the agreement, the entity shall submit the
assessment to the committees referred to in subsection
(a)(3) and to the Secretary not later than June 1, 1998.
‘‘(c) REVIEW OF ADMINISTRATION OF SYSTEM.—(1)
Under the agreement under subsection (a), the entity
shall monitor and review the administration by the
Secretary of the employment discrimination complaint
resolution system administered within the Department.
‘‘(2) Under the agreement, the entity shall submit to
the committees referred to in subsection (a)(3) and to
the Secretary a report on the results of the review
under paragraph (1) not later than June 1, 1999. The report shall include an assessment of the administration
of the system, including the extent to which the system meets the objectives referred to in subsection
(b)(1), and the effectiveness of the following:
‘‘(A) Programs to train and maintain a cadre of individuals who are competent to investigate claims relating to employment discrimination.
‘‘(B) Programs to train and maintain a cadre of individuals who are competent to provide counseling to
individuals who submit such claims.
‘‘(C) Programs to provide education and training to
Department employees regarding their rights and obligations under the equal employment opportunity
laws.
‘‘(D) Programs to oversee the administration of the
system.
‘‘(E) Programs to evaluate the effectiveness of the
system in meeting its objectives.
‘‘(F) Other programs, procedures, or activities of
the Department relating to the equal employment opportunity laws, including any alternative dispute resolution procedures and informal dispute resolution
and settlement procedures.
‘‘(G) Any disciplinary measures imposed by the Secretary on employees determined to have violated the
equal employment opportunity laws in preventing or
deterring violations of such laws by other employees
of the Department.’’

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 of 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

§ 521A

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 Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105
Stat. 390.)
PRIOR PROVISIONS
Prior section 521 was renumbered section 1521 of this
title.
Provisions similar to those in this section were contained in section 216 of this title prior to repeal by Pub.
L. 102–83, § 2(a).

§ 521A. Assistance for United States Paralympics,
Inc.
(a) AUTHORIZATION TO PROVIDE ASSISTANCE.—
The Secretary may award grants to the United
States Paralympics, Inc., to plan, develop, manage, and implement an integrated adaptive
sports program for disabled veterans and disabled members of the Armed Forces.
(b) OVERSIGHT BY SECRETARY.—As a condition
of receiving a grant under this section, the
United States Paralympics, Inc., shall permit
the Secretary to conduct such oversight of the
use of grant funds as the Secretary determines
is appropriate. The United States Paralympics,
Inc., shall be responsible for the use of grant
funds provided under this section.
(c) APPLICATION REQUIREMENT.—(1) Before the
Secretary may award a grant to the United
States Paralympics, Inc., under this section, the
United States Paralympics, Inc., shall submit to
the Secretary an application that describes the
activities to be carried out with the grant, including information on specific measurable
goals and objectives to be achieved using grant
funds.
(2) The application shall include—
(A) a detailed description of all partnerships
referred to in paragraph (3) at the national and
local levels that will be participating in such
activities and the amount of grant funds that
the United States Paralympics, Inc., proposes
to make available for each of such partnerships; and
(B) for any fiscal year for which a grant is
sought, the amount of private donations received by the United States Paralympics, Inc.,
expected to be expended to support operations
during that fiscal year.
(3) Partnerships referred to in this paragraph
are agreements between the United States
Paralympics, Inc., and organizations with significant experience in the training and support
of disabled athletes and the promotion of disabled sports at the local and national levels.
Such organizations may include Disabled Sports
USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and
funding to be provided by the United States
Paralympics, Inc., to the partner.
(d) USE OF FUNDS.—(1) The United States
Paralympics, Inc., with the assistance and co-

§ 521A

TITLE 38—VETERANS’ BENEFITS

operation of the Secretary and the heads of
other appropriate Federal and State departments and agencies and partnerships referred to
in subsection (c)(3), shall use a grant under this
section to reimburse grantees with which the
United States Paralympics, Inc., has entered
into a partnership under subsection (c) for the
direct costs of recruiting, supporting, equipping,
encouraging, scheduling, facilitating, supervising, and implementing the participation of
disabled veterans and disabled members of the
Armed Forces in the activities described in
paragraph (3) by supporting a program described
in paragraph (2).
(2) A program described in this paragraph is a
sports program that—
(A) promotes basic physical activity, games,
recreation, training, and competition;
(B) is approved by the Secretary; and
(C)(i) provides services and activities described in paragraph (3) for disabled veterans
and disabled members of the Armed Forces;
and
(ii) may also provide services and activities
described in paragraph (3) for individuals with
disabilities who are not veterans or members
of the Armed Forces, or both; except that
funds made available to carry out this section
may not be used to support those individuals
with disabilities who are not veterans or members of the Armed Forces.
(3) Activities described in this paragraph are—
(A) instruction, participation, and competition in Paralympic sports;
(B) training and technical assistance to program administrators, coaches, recreational
therapists, instructors, Department employees, and other appropriate individuals; and
(C) coordination, Paralympic classification
of athletes, athlete assessment, sport-specific
training techniques, program development (including programs at the local level), sports
equipment, supplies, program evaluation, and
other activities related to the implementation
and operation of the program.
(4) A grant made under this section may include, at the discretion of the Secretary, an
amount for the administrative expenses of the
United States Paralympics, Inc., but not to exceed five percent of the amount of the grant.
(5) Funds made available by the United States
Paralympics, Inc., to a grantee under subsection
(c) may include an amount for administrative
expenses, but not to exceed ten percent of the
amount of such funds.
(e) OUTREACH REQUIREMENT.—As a condition of
receiving a grant under this section, the United
States Paralympics, Inc., shall agree to conduct
a joint outreach campaign with the Secretary of
Veterans Affairs to inform all eligible veterans
and separating members of the Armed Forces
with physical disabilities about the existence of
the integrated adaptive sports program, as appropriate, and shall provide for, facilitate, and
encourage participation of such veterans and
separating members of the Armed Forces in programs under this section to the extent possible.
(f) COORDINATION.—The Secretary shall ensure
access to and use of appropriate Department
sports, recreation, and fitness facilities by dis-

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abled veterans and disabled members of the
Armed Forces participating in the integrated
adaptive sports program to the maximum extent
possible. The Secretary shall ensure that such
access does not adversely affect any other assistance provided to veterans.
(g) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated $8,000,000 for
each of fiscal years 2010 through 2013 to carry
out this section. Amounts appropriated pursuant to this subsection shall remain available
without fiscal year limitation.
(h) SEPARATE ACCOUNTING.—The Department
shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section. Funds appropriated to carry out this section shall not be
commingled with any other funds appropriated
to the Department.
(i) LIMITATION ON USE OF FUNDS.—Except as
provided in paragraphs (4) and (5) of subsection
(d), funds appropriated to carry out this section
may not be used to support or provide services
to individuals who are not disabled veterans or
disabled members of the Armed Forces.
(j) ANNUAL REPORT TO SECRETARY.—(1) As a
condition of receiving a grant under this section, the United States Paralympics, Inc., shall
agree that by not later than 60 days after the
last day of a fiscal year for which a grant is provided under this section, the United States
Paralympics, Inc., shall submit to the Secretary
a report setting forth in detail the use of the
grant funds during that fiscal year, including
the number of veterans who participated in the
integrated adaptive sports program, including
any programs carried out through a partnership
under subsection (c)(3), and the administrative
expenses of the integrated adaptive sports program.
(2) A report under this subsection may be audited by the Secretary.
(3) For any fiscal year after fiscal year 2010,
the eligibility of the United States Paralympics,
Inc., to receive a grant under this section shall
be contingent upon the submission of the report
under paragraph (1) for the preceding fiscal year.
(k) ANNUAL REPORT TO CONGRESS.—For any fiscal year during which the Secretary provides assistance under this section, the Secretary shall
submit to Congress a report on the use of funds
provided under this section.
(l) TERMINATION.—The Secretary may only
provide assistance under this section during fiscal years 2010 through 2013.
(Added Pub. L. 110–389, title VII, § 702(a), Oct. 10,
2008, 122 Stat. 4181.)
DEADLINE FOR MEMORANDUM OF UNDERSTANDING
Pub. L. 110–389, title VII, § 702(c), Oct. 10, 2008, 122
Stat. 4183, provided that: ‘‘The Secretary of Veterans
Affairs may not award a grant under section 521A of
title 38, United States Code, as added by subsection (a),
until the United States Paralympics, Inc., and the Secretary have entered into a memorandum of understanding or cooperative agreement regarding implementation of the integrated adaptive sports program under
that section. To the extent feasible, such memorandum
or agreement shall be concluded not later than 240 days
after the date of the enactment of this Act [Oct. 10,
2008].’’

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TITLE 38—VETERANS’ BENEFITS

§ 523

ASSISTANCE AT SPORTING EVENTS

PRIOR PROVISIONS

Pub. L. 110–389, title VII, § 703(c), Oct. 10, 2008, 122
Stat. 4185, provided that: ‘‘The Secretary of Veterans
Affairs shall direct the Under Secretary for Health of
the Department of Veterans Affairs—
‘‘(1) to make available, to the extent determined
appropriate by the Secretary, recreational therapists,
physical therapists, and other medical staff to facilitate participation of veterans in sporting events conducted under the auspices of the United States
Paralympics, Inc.; and
‘‘(2) to allow such personnel to provide support to
the programs of the United States Paralympics, Inc.,
without requiring the use of personal leave.’’

Prior sections 523 and 524 were renumbered sections
1523 and 1524 of this title, respectively.
Provisions similar to those in this section were contained in section 220 of this title prior to repeal by Pub.
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 Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105
Stat. 390.)
PRIOR PROVISIONS
Prior section 522 was renumbered section 1522 of this
title.
Provisions similar to those in this section were contained in section 217 of this title prior to repeal by Pub.
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 by
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 Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105
Stat. 390.)

PILOT PROGRAM ON USE OF COMMUNITY-BASED ORGANIZATIONS AND LOCAL AND STATE GOVERNMENT ENTITIES TO ENSURE THAT VETERANS RECEIVE CARE AND
BENEFITS FOR WHICH THEY ARE ELIGIBLE
Pub. L. 111–163, title V, § 506, May 5, 2010, 124 Stat.
1160, provided that:
‘‘(a) PILOT PROGRAM REQUIRED.—The Secretary of
Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of using community-based organizations and local and State government entities—
‘‘(1) to increase the coordination of community,
local, State, and Federal providers of health care and
benefits for veterans to assist veterans who are
transitioning from military service to civilian life in
such transition;
‘‘(2) to increase the availability of high quality
medical and mental health services to veterans
transitioning from military service to civilian life;
‘‘(3) to provide assistance to families of veterans
who are transitioning from military service to civilian life to help such families adjust to such transition; and
‘‘(4) to provide outreach to veterans and their families to inform them about the availability of benefits
and connect them with appropriate care and benefit
programs.
‘‘(b) DURATION OF PROGRAM.—The pilot program shall
be carried out during the 2-year period beginning on
the date that is 180 days after the date of the enactment of this Act [May 5, 2010].
‘‘(c) PROGRAM LOCATIONS.—
‘‘(1) IN GENERAL.—The pilot program shall be carried out at five locations selected by the Secretary
for purposes of the pilot program.
‘‘(2) CONSIDERATIONS.—In selecting locations for the
pilot program, the Secretary shall consider the advisability of selecting locations in—
‘‘(A) rural areas;
‘‘(B) areas with populations that have a high proportion of minority group representation;
‘‘(C) areas with populations that have a high proportion of individuals who have limited access to
health care; and
‘‘(D) areas that are not in close proximity to an
active duty military installation.
‘‘(d) GRANTS.—The Secretary shall carry out the pilot
program through the award of grants to communitybased organizations and local and State government
entities.
‘‘(e) SELECTION OF GRANT RECIPIENTS.—
‘‘(1) IN GENERAL.—A community-based organization
or local or State government entity seeking a grant
under the pilot program shall submit to the Secretary an application therefor in such form and in
such manner as the Secretary considers appropriate.
‘‘(2) ELEMENTS.—Each application submitted under
paragraph (1) shall include the following:
‘‘(A) A description of the consultations, if any,
with the Department of Veterans Affairs in the development of the proposal under the application.
‘‘(B) A plan to coordinate activities under the
pilot program, to the greatest extent possible, with
the local, State, and Federal providers of services
for veterans to reduce duplication of services and to
enhance the effect of such services.
‘‘(f) USE OF GRANT FUNDS.—The Secretary shall prescribe appropriate uses of grant funds received under
the pilot program.
‘‘(g) REPORT ON PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
completion of the pilot program, the Secretary shall
submit to Congress a report on the pilot program.