38 USC 533 - Anti-harassment and anti-sexual assault policy

Collapse to view only § 533. Anti-harassment and anti-sexual assault policy

§ 521. Assistance to certain rehabilitation activities
§ 521A. Adaptive sports programs for disabled veterans and members of the Armed Forces
§ 522. Studies of rehabilitation of disabled persons
§ 523. Coordination and promotion of other programs affecting veterans and their dependents
§ 525. Publication of laws relating to veterans
§ 527. Evaluation and data collection
§ 529. Annual report to Congress
§ 530. Annual report on program and expenditures for domestic response to weapons of mass destruction
§ 531. Requirements relating to naming of Department property
§ 532. Authority to advertise in national media; VetStar Award Program
§ 533. Anti-harassment and anti-sexual assault policy

§ 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 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.)

§ 521A. Adaptive sports programs for disabled veterans and members of the Armed Forces

(a)Adaptive Sports Program.—

(1) The Secretary may carry out a program under which the Secretary may make grants to eligible entities for planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and disabled members of the Armed Forces.

(2) For purposes of this section, an eligible entity is an entity with significant experience in managing a large-scale adaptive sports program.

(b)Oversight by Secretary.—As a condition of receiving a grant under this section, an eligible entity shall permit the Secretary to conduct such oversight of the use of grant funds as the Secretary determines is appropriate. An eligible entity that receives a grant under this section 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 an eligible entity under this section, the eligible entity 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—

(i) 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 eligible entity proposes to make available for each of such partnerships;

(ii) the anticipated personnel, travel, and administrative costs that will be paid for by the eligible entity using grant funds;

(iii) the financial controls implemented by the eligible entity, including methods to track expenditures of grant funds;

(iv) the performance metrics to be used by the eligible entity to evaluate the effectiveness of the activities to be carried out using grant funds; and

(v) the anticipated personnel, travel, and administrative costs that will be paid for by grantees under this subsection using grant funds; and

(B) for any fiscal year for which a grant is sought, the amount of private donations received by the eligible entity expected to be expended to support operations during that fiscal year.

(3) Partnerships referred to in this paragraph are agreements between the eligible entity 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 eligible entity to the partner.

(d)Use of Funds.—

(1) An eligible entity that receives a grant under this section, with the assistance and cooperation 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 the grant to reimburse grantees with which the eligible entity 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) At the discretion of the Secretary, an eligible entity that receives a grant under this section may use a portion of the grant for the administrative expenses and personnel expenses of the eligible entity. The amount that may be used for such expenses may not exceed—

(i) in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2014, 10 percent of the total amount of the grant;

(ii) in the case of a grant made for adaptive sports opportunities taking place during fiscal year 2015, 7.5 percent of the total amount of the grant; and

(iii) in the case of a grant made for adaptive sports opportunities taking place during any subsequent fiscal year, 5 percent of the total amount of the grant.

(B) For purposes of this paragraph, personnel expenses include any costs associated with an employee of the eligible entity other than reimbursement for time spent by such an employee directly providing coaching or training for disabled veterans or members of the Armed Forces.

(5) Funds made available by an eligible entity that receives a grant under this section 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, an eligible entity 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 adapted sports opportunities funded by the grant, 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 disabled veterans and disabled members of the Armed Forces participating in adapted sports opportunities funded under this section 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.—

(1) There is authorized to be appropriated amounts as follows:

(A) $8,000,000 for each of fiscal years 2010 through 2020.

(B) $16,000,000 for each of fiscal years 2021 through 2026.

(2) 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, an eligible entity 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 eligible entity 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 adapted sports opportunities funded by the grant, including any programs carried out through a partnership under subsection (c)(3), and the administrative expenses of such opportunities and programs.

(2) A report under this subsection may be audited by the Secretary.

(3) If an eligible entity that receives a grant under this section for any fiscal year does not submit the report required by paragraph (1) for such fiscal year, the entity shall not be eligible to receive a grant under this section for the subsequent 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 for adaptive sports opportunities occurring during fiscal years 2010 through 2026.

(Added Pub. L. 110–389, title VII, § 702(a), Oct. 10, 2008, 122 Stat. 4181; amended Pub. L. 113–37, § 2(b)(1), (2), Sept. 30, 2013, 127 Stat. 523; Pub. L. 113–59, § 5(a)–(e), (g), (h)(1), Dec. 20, 2013, 127 Stat. 659–662; Pub. L. 114–58, title IV, § 405, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 405, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 405, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 165, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, § 5403, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title IV, § 402, Sept. 30, 2022, 136 Stat. 2139.)

§ 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.)

§ 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.)

§ 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 Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)

§ 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 and analyses of all data collected, under this section.

(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)

§ 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 Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)

§ 530. Annual report on program and expenditures for domestic response to weapons of mass destruction

(a) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report, to be submitted each year at the time that the President submits the budget for the next fiscal year under section 1105 of title 31, on the activities of the Department relating to preparation for, and participation in, a domestic medical response to an attack involving weapons of mass destruction.

(b) Each report under subsection (a) shall include the following:

(1) A statement of the amounts of funds and the level of personnel resources (stated in terms of full-time equivalent employees) expected to be used by the Department during the next fiscal year in preparation for a domestic medical response to an attack involving weapons of mass destruction, including the anticipated source of those funds and any anticipated shortfalls in funds or personnel resources to achieve the tasks assigned the Department by the President in connection with preparation for such a response.

(2) A detailed statement of the funds expended and personnel resources (stated in terms of full-time equivalent employees) used during the fiscal year preceding the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of those funds and a description of how those funds were expended.

(3) A detailed statement of the funds expended and expected to be expended, and the personnel resources (stated in terms of full-time equivalent employees) used and expected to be used, during the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to such an attack, including identification of the source of funds expended and a description of how those funds were expended.

(Added Pub. L. 105–368, title IX, § 906(a), Nov. 11, 1998, 112 Stat. 3361.)

§ 531. Requirements relating to naming of Department property

(a)Naming Limitation.—Except as expressly provided by law or as authorized under subsection (b), a facility, structure, or real property of the Department, and a major portion (such as a wing or floor) of any such facility, structure, or real property, may be named only for the geographic area in which the facility, structure, or real property is located.

(b)Transfer of Names.—

(1)In general.—The Secretary may transfer the name of covered property of the Department to other covered property of the Department if—

(A) the original covered property was designated with that name by law;

(B) the Department no longer offers benefits or services at the original covered property;

(D) the other covered property is located in a different location or at a different address from the original covered property within the town, city, or other local government area specified in the designation made by such law; and

(E) such transfer occurs not less than 30 days after the Secretary notifies the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and each member of Congress representing the State in which the original covered property and other covered property are located of the intent of the Secretary to transfer the name of the original covered property to the other covered property.

(2)References.—If the Secretary transfers the name of covered property under paragraph (1), any reference in a law, regulation, map, document, paper, or other record of the United States to the covered property originally named by law shall be deemed to be a reference to the covered property to which the name has been transferred under such paragraph.

(3)Covered property.—In this subsection, the term “covered property” means a facility, structure, or real property of the Department or a major portion (such as a wing or floor) of any such facility, structure, or real property.

(Added Pub. L. 105–368, title X, § 1001(a)(1), Nov. 11, 1998, 112 Stat. 3363; amended Pub. L. 117–137, § 1(a), June 7, 2022, 136 Stat. 1254.)

§ 532. Authority to advertise in national media; VetStar Award Program

(a)Advertising in National Media.—The Secretary may purchase advertising in national media outlets for the purpose of promoting awareness of benefits under laws administered by the Secretary, including promoting awareness of assistance provided by the Secretary, including assistance for programs to assist homeless veterans, to promote veteran-owned small businesses, and to provide opportunities for employment in the Department of Veterans Affairs and for education, training, compensation, pension, vocational rehabilitation, and healthcare benefits, and mental healthcare (including the prevention of suicide among veterans).

(b)VetStar Award Program.—

(1) The Secretary shall establish an award program, to be known as the “VetStar Award Program”, to recognize annually businesses for their contributions to veterans’ employment.

(2) The Secretary shall establish a process for the administration of the award program, including criteria for—

(A) categories and sectors of businesses eligible for recognition each year; and

(B) objective measures to be used in selecting businesses to receive the award.

(Added Pub. L. 110–389, title VIII, § 809(a), Oct. 10, 2008, 122 Stat. 4189; amended Pub. L. 112–154, title VII, § 709(a), (b)(1), Aug. 6, 2012, 126 Stat. 1207.)

§ 533. Anti-harassment and anti-sexual assault policy

(a)Establishment.—

(1) The Secretary, acting through the Office of Assault and Prevention of the Veterans Health Administration, shall establish a comprehensive policy to end harassment and sexual assault, including sexual harassment and gender-based harassment, throughout the Department.

(2) The policy required by paragraph (1) shall include the following:

(A) A process for employees and contractors of the Department to respond to reported incidents of harassment and sexual assault committed by any non-Department individual within a facility of the Department, including with respect to accountability or disciplinary measures.

(B) A process for employees and contractors of the Department to respond to reported incidents of harassment and sexual assault of any non-Department individual within a facility of the Department.

(C) A process for any non-Department individual to report harassment and sexual assault described in subparagraph (A), including an option for confidential reporting, and for the Secretary to respond to and address such reports.

(D) Clear mechanisms for non-Department individuals to readily identify to whom and how to report incidents of harassment and sexual assault committed by another non-Department individual.

(E) Clear mechanisms for employees and contractors of the Department to readily identify to whom and how to report incidents of harassment and sexual assault and how to refer non-Department individuals with respect to reporting an incident of harassment or sexual assault.

(F) A process for, and mandatory reporting requirement applicable to, any employee or contractor of the Department who witnesses harassment or sexual assault described in subparagraph (A) or (B) within a facility of the Department, regardless of whether the individual affected by such harassment or sexual assault wants to report such harassment or sexual assault.

(G) The actions possible, including disciplinary actions, for employees or contractors of the Department who fail to report incidents of harassment and sexual assault described in subparagraph (A) or (B) that the employees or contractors witness.

(H) On an annual or more frequent basis, mandatory training for employees and contractors of the Department regarding how to report and address harassment and sexual assault described in subparagraphs (A) and (B), including bystander intervention training.

(I) On an annual or more frequent basis, the distribution of the policy under this subsection and anti-harassment and anti-sexual assault educational materials by mail or email to each individual receiving a benefit under a law administered by the Secretary.

(J) The prominent display of anti-harassment and anti-sexual assault messages in each facility of the Department, including how non-Department individuals may report harassment and sexual assault described in subparagraphs (A) and (B) at such facility and the points of contact under subsection (b).

(K) The posting on internet websites of the Department, including the main internet website regarding benefits of the Department and the main internet website regarding health care of the Department, of anti-harassment and anti-sexual assault banners specifically addressing harassment and sexual assault described in subparagraphs (A) and (B).

(b)Points of Contact.—The Secretary shall designate, as a point of contact to receive reports of harassment and sexual assault described in subparagraphs (A) and (B) of subsection (a)(2)—

(1) at least one individual, in addition to law enforcement, at each facility of the Department (including Vet Centers under section 1712A of this title), with regard to that facility;

(2) at least one individual employed in each Veterans Integrated Service Network, with regard to facilities in that Veterans Integrated Service Network;

(3) at least one individual employed in each regional benefits office;

(4) at least one individual employed at each location of the National Cemetery Administration; and

(5) at least one individual employed at the Central Office of the Department to track reports of such harassment and sexual assault across the Department, disaggregated by facility.

(c)Accountability.—

(1) The Secretary shall establish a policy to ensure that each facility of the Department and each director of a Veterans Integrated Service Network is responsible for addressing harassment and sexual assault at the facility and the Network.

(2) The policy required by paragraph (1) shall include—

(A) a remediation plan for facilities that experience five or more incidents of sexual harassment, sexual assault, or combination thereof, during any single fiscal year; and

(B) taking appropriate actions under chapter 7 or subchapter V of chapter 74 of this title.

(d)Data.—The Secretary shall ensure that the in-take process for veterans at medical facilities of the Department includes a survey to collect the following information:

(1) Whether the veteran feels safe at the facility and whether any events occurred at the facility that affect such feeling.

(2) Whether the veteran wants to be contacted later by the Department with respect to such safety issues.

(e)Working Group.—

(1) The Secretary shall establish a working group to assist the Secretary in implementing policies to carry out this section.

(2) The working group established under paragraph (1) shall consist of representatives from—

(A) veterans service organizations;

(B) State, local, and Tribal veterans agencies; and

(3) The working group established under paragraph (1) shall develop, and the Secretary shall carry out—

(A) an action plan for addressing changes at the local level to reduce instances of harassment and sexual assault;

(B) standardized media for veterans service organizations and other persons to use in print and on the internet with respect to reducing harassment and sexual assault; and

(4) The working group established under paragraph (1) shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).1

1 See References in Text note below.

(f)Annual Reports.—

(1) The Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an annual report on harassment and sexual assault described in subparagraphs (A) and (B) of subsection (a)(2) in facilities of the Department.

(2) Each report submitted under paragraph (1) shall include the following:

(A) Results of harassment and sexual assault programming, including the End Harassment program.

(B) Results of studies from the Women’s Health Practice-Based Research Network of the Department relating to harassment and sexual assault.

(D) A description of any actions taken by the Secretary during the year preceding the date of the report to stop harassment and sexual assault at facilities of the Department.

(E) An assessment of the implementation of the training required in subsection (a)(2)(H).

(F) A list of resources the Secretary determines necessary to prevent harassment and sexual assault at facilities of the Department.

(g)In this section:

(1) The term “non-Department individual” means any individual present at a facility of the Department who is not an employee or contractor of the Department.

(2) The term “sexual harassment” means unsolicited verbal or physical contact of a sexual nature which is threatening in character.

(Added Pub. L. 116–315, title V, § 5303(a), Jan. 5, 2021, 134 Stat. 5038.)