U.S. Code » Title 38 » Part PART I— GENERAL PROVISIONS › Chapter CHAPTER 5— AUTHORITY AND DUTIES OF THE SECRETARY › Subchapter SUBCHAPTER I— GENERAL AUTHORITIES

38 U.S.C. § 512

Delegation of authority; assignment of functions and duties

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(a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers and employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary.(b) There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe.(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)Editorial NotesPrior Provisions

Prior section 512 was renumbered section 1512 of this title.

Provisions similar to those in this section were contained in section 212 of this title prior to repeal by Pub. L. 102–83, § 2(a).

Notes of Decisions
Cited in 37 cases (2 in the last 5 years), 1929–2025 · leading case: Pence v. United States, 316 U.S. 332 (1942).
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Pence v. United States, 316 U.S. 332 (1942). · cites it 3× “) 146, note 6; Kales, Admissibility of Declarations of the Insured against the Beneficiary, 6 Columbia Law Review 509; Morgan, The Rationale of Vicarious Admissions, 42 Harvard Law Review 461, 477-78; Finale, The Admissibility of Declarations of the Assured in Life Insurance…”
Edward T. Splane & Paralyzed Vets. of Am. v. Togo D. West, Jr., Sec'y of Vets. Affairs, 216 F.3d 1058 (Fed. Cir. 2000). · cites it 2× “901 (c), which authorizes the Board to request general counsel opinions, as being without statutory support. The government responds that, although Congress has statutorily vested the Board with certain functions, that in no way precludes the Secretary from delegating other…”
Military Order of the Purple Heart v. Sec'y of Vets. Affairs, 580 F.3d 1293 (Fed. Cir. 2009). · cites it 2× “" 38 U.S.C. § 512 (a). Pursuant to § 512(a), the Secretary has delegated authority "to the Under Secretary for Benefits and to supervisory or adjudicative personnel within the jurisdiction of the Veterans Benefits Administration designated by the Under Secretary to make findings…”
Marvin O. Johnson v. Eric K. Shinseki, 26 Vet. App. 237 (Vet. App. 2013). · cites it 2× “See also 38 U.S.C. § 512 (a) (giving Secretary broad authority to delegate authority to act); Parrish v.”
Nova v. Sec'y of Vets. Affairs, 981 F.3d 1360 (Fed. Cir. 2020). “11 While it is true that the Knee Joint Stability 11 The Secretary of Veterans Affairs “delegated” au- thority, as authorized by 38 U.S.C. § 512 (a), “to the Under Secretary for Benefits and to supervisory or adjudicative personnel within the jurisdiction of the Veterans…”
Floyd v. Brown, 9 Vet. App. 88 (Vet. App. 1996). “” This broad authority may, in turn, be delegated pursuant to 38 U.S.C. § 512 (a), which provides as follows: Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive re-delegation of, authority to act and to…”
Vets. for Common Sense v. Peake, 563 F. Supp. 2d 1049 (N.D. Cal. 2008). · cites it 2× “” 38 U.S.C. § 512 (a). In addition, the “Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws, including .”
McClure v. United States, 95 F.2d 744 (9th Cir. 1938). · cites it 3× “The cour-t concluded as a matter of law that the plaintiff was not entitled to recover because under the provisions of section 301 of the World War Veterans’ Act, as amended, 38 U.S.C.A. § 512 , the policy sued upon ceased and terminated Julv 2, 1927.”
Darrow v. Derwinski, 2 Vet. App. 303 (Vet. App. 1992). “The Secretary is authorized under 38 U.S.C. § 512 (a) (formerly § 212(a)) to “assign functions and duties, and delegate, or authorize successive re-delegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers…”
United States v. Madigan, 300 U.S. 500 (1937). · cites it 2× “970 , 38 U. S. C. § 512 a; § 311, 45 Stat. 970 , 38 U.”
Henderson v. West, 12 Vet. App. 11 (Vet. App. 1998). “38 U.S.C. § 512 (a) (emphasis added). This law provides broad authority for the Secretary to delegate authority, extending to power to delegate “authority to .”
James L. Parrish v. Eric K. Shinseki, 24 Vet. App. 391 (Vet. App. 2011). · cites it 2× “See 38 U.S.C. § 512 (a) (emphasis added). By regulation, the Secretary has vested the USB with "authority to act on all matters assigned to the Veterans Benefits Administration except as provided in § 1.”
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