Office of General Counsel 12/22/22

Office of General Counsel 12/22/22

Our Core Values The Department of Veterans Affairs (VA’s) Core Values and Characteristics apply across the entire VA enterprise. They essentially define “who we are” and also how we are different from other organizations. Our Core Values are (“I CARE”): Integrity Commitment Advocacy Respect Excellence 12/22/22

38 U.S.C. § 311 “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.” 12/22/22

OGC Vision Statement A high-functioning Executive Branch Office of General Counsel committed to proactively meeting the legal needs of the Department of Veterans Affairs. An integrated team of high-performing professionals who do not consider themselves to be successful unless the Department is successful. 12/22/22

OGC Mission Statement MISSION FOCUS - Our Foremost Responsibility Support the strategic and transformative goals of the Department by providing accurate, timely and effective legal advice and representation; Optimize the structure of our legal offices to better support the needs of the Department; and Maximize opportunities to train clients and foster the practice of preventive law. 12/22/22

Organization Director, Office of Accountability Review General Counsel Principal Deputy General Counsel Legislative Counsel Executive Director, Management, Planning & Analysis Budget Human Resources Homeland Security Deputy General Counsel Legal Policy Assistant General Counsel SG I Assistant General Counsel SG II Tort Claims Collections Housing Education Vocational Rehabilitation & Employment Compensation & Pension Burial Benefits Insurance Regulatory Law Cemetery issues Accreditation & Fees Assistant General Counsel SG V Government Contracts Real Property Environmental Law Assistant General Counsel SG VII Veterans Court Litigation 12/22/22 Assistant General Counsel SG III Health Care Operations & Administration Government Ethics Tech Transfer Human Resources Police Matters Labor Relations Director, Office of Regulation Policy and Management VA Rulemaking Policy and Management Knowledge Management & Professional Development Reports, Analysis, Planning & Statistics Deputy General Counsel Legal Operations Assistant General Counsel SG IV EEO Information Law Intellectual Property Appropriations Information Security Electronic Discovery Attorney-Advisor (EEO) EEO Subject Matter Expertise EEO Training Regional Counsel Region 1 Boston Regional Counsel Region 2 Brooklyn Regional Counsel Region 3 Baltimore Regional Counsel Region 4 Philadelphia Regional Counsel Region 5 Atlanta Regional Counsel Region 6 St. Petersburg Regional Counsel Region 7 Cleveland Regional Counsel Region 8 Nashville Regional Counsel Region 9 Jackson Regional Counsel Region 10 Chicago Regional Counsel Region 12 St. Louis Regional Counsel Region 13 Denver Regional Counsel Region 14 Houston Regional Counsel Region 15 Minneapolis Regional Counsel Region 16 Denver Regional Counsel Region 18 San Francisco Regional Counsel Region 19 Phoenix Regional Counsel Region 20 Portland Regional Counsel Region 21 Buffalo Regional Counsel Region 22 Indianapolis Regional Counsel Region 23 Winston-Salem

What Do We Do All Day? Serve our clients – – – – Veterans Health Administration (VHA) and VA HealthCare Facilities and Veterans Benefits Administration (VBA) and VA Regional Offices National Cemetery Administration (NCA) and the National Cemeteries. Other VA organizations Through the practice of law in these areas – – – – – Employment Law Health Law Benefits Law Business Law Specialized Legal Services Preventive Law and Client Education 12/22/22

Employment Law Representing the Department in Disciplinary Appeals; – Administrative hearings, mediation and arbitration. Representing the Department in Equal Employment Opportunity Commission (EEOC) complaints; – Administrative hearings, mediation and consulting. Representing the Department in Labor/Management issues; – Unfair Labor Practices, bargaining issues. – Other labor relations, preventive law. 12/22/22

Employment Law, continued Ethics advice and training; – Designated Agency Ethics Officials – Confidential and Public Financial Disclosure Requests for representation by the Department of Justice; General employment issues (includes internal and external investigations, allegations of misconduct, Whistleblower Protection, etc.); 12/22/22

Health Law Administrative tort claims – alleging injury resulting from VA-provided health care (i.e. medical malpractice claims) – alleging damages resulting from actions involving VA property/employees NOT related to health care (i.e. accidents involving Government vehicles) Issues relating to the administration and management of a health care system; Patient safety, Bioethics, Medical Research; 12/22/22

Health Law, continued Mental Health and Civil Commitment; Eligibility for health care services; Canteen Service operations; Final agency decisions on patent and copyright matters; Acceptance of gifts to VA. 12/22/22

Benefits Law Interpret laws and regulations related to Veterans benefits determinations and for the Board of Veterans’ Appeals (BVA); Provide written opinions to VBA and BVA on the application of law and regulations; Represent the Secretary in Appellate Courts; Burial benefits, including matters affecting VA cemeteries (Free Speech can be limited in National Shrines); 12/22/22

Benefits Law, continued Loan Guaranty (including management of properties acquired by VA in loan default actions); Appointment and removal of fiduciaries; Compensation and Pension; Vocational Rehabilitation and Education; Attorney fees for claimant representation; 12/22/22

Benefits Law, continued Accreditation of veterans service organization representatives; New law regarding attorney representatives; and National Service Life Insurance, United States Government Life Insurance and Servicemember’s Group Life Insurance. 12/22/22

Business Law Collections (third parties, insurers and veterans); Enhanced-use leases of real property; – Allows VA to partner with private entities to get best and highest use from VA property – Law allows VA to use proceeds for medical care Procurement (construction, supply, and service contracts); Expanded sharing of medical facilities, equipment, and information; 12/22/22

Business Law, continued Acquisition and disposition of real property (leases, land acquisitions and easements; Compliance with environmental and occupational safety laws; and Non-profit research corporations (issues related to incorporation and management of these corporations). 12/22/22

Specialized Legal Services Inspector General and criminal investigations; Disclosure of information (e.g., Touhy, FOIA, Privacy Act, etc.); Authorized use of appropriated funds and other fiscal matters; Organization/reorganization of VA and its component parts; 12/22/22

Specialized Legal Services continued Federal Records Act; Paperwork Reduction Act; and Laws prohibiting discrimination in programs receiving Federal financial assistance (e.g., title 6 of the Civil Rights Act of 1974, title 9 of the Education Act, as amended, and Section 504 of the Rehabilitation Act, as amended). 12/22/22

CAVC PSG VII – Veterans Court Litigation Group Represents the Secretary before the U.S. Court of Appeals for Veterans Claims (CAVC) BVA 12/22/22 CAVC CAFC USSC

Regulations Regulations rewrite project – Converting to plain English – Using Q&A format – Without altering the substance (being careful not to broaden or diminish scope of benefits) Regulation Policy and Management – Provides central management for VA rulemaking – Conducts regulatory impact analyses – Serves as regulatory liaison with the Office of Management and Budget 12/22/22

Legal Policy (VA Central Office Staff Groups) and Legal Operations (Regional Counsels) Staff Group (SG) attorneys specialize to support VACO. – Focus on specific legal subjects – Coordinate cross-cutting issues with other specialists Regional Counsel attorneys diversify, to support a broad base of clients in VA’s operations outside of VACO. – Broad range of expertise, although most have primary area of focus. – Support client needs across specialties, geographic and organizational borders. 12/22/22

Interested? Office of General Counsel Questions about externships or employment opportunities, Email: [email protected] 12/22/22