Office of General Counsel Our Core Values The

Office of General Counsel

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 12/2/2020

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. ” 12/2/2020

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. 12/2/2020

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. 12/2/2020

Organization Director, Office of Accountability Review General Counsel Principal Deputy General Counsel Legislative Counsel Executive Director, Management, Planning & Analysis Ø Budget Ø Human Resources Ø Homeland Security Ø Knowledge Management & Professional Development Ø Reports, Analysis, Planning & Statistics Deputy General Counsel Legal Policy Assistant General Counsel SG I Ø Tort Claims Ø Collections Ø Housing Ø Education Ø Vocational Rehabilitation & Employment Assistant General Counsel SG V Ø Government Contracts Ø Real Property Ø Environmental Law Assistant General Counsel SG II Ø Compensation & Pension Ø Burial Benefits Ø Insurance Ø Regulatory Law Ø Cemetery issues Ø Accreditation & Fees Assistant General Counsel SG VII Ø Veterans Court Litigation 12/2/2020 Assistant General Counsel SG III Ø Health Care Deputy General Counsel Legal Operations Assistant General Counsel SG IV Ø EEO Ø Information Law Ø Intellectual Operations & Administration Property Ø Government Ethics Ø Appropriations Ø Tech Transfer Ø Human Resources Ø Information Security Ø Police Matters Ø Electronic Ø Labor Relations Discovery Director, Office of Regulation Policy and Management Ø VA Rulemaking Policy and Management Attorney-Advisor (EEO) Ø EEO Subject Matter Expertise Ø 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 Health. Care 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 12/2/2020

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. 12/2/2020

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. ); 12/2/2020

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; 12/2/2020

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. 12/2/2020

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); 12/2/2020

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; 12/2/2020

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. 12/2/2020

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; 12/2/2020

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). 12/2/2020

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; 12/2/2020

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). 12/2/2020

CAVC • PSG VII – Veterans Court Litigation Group • Represents the Secretary before the U. S. Court of Appeals for Veterans Claims (CAVC) BVA 12/2/2020 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 12/2/2020

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. 12/2/2020

Interested? Office of General Counsel Questions about externships or employment opportunities, Email: OGCKnowledge. Management. Professional. Development@va. gov 12/2/2020