US (United States) Code. Title 38. Part V. Chapter 73: Veterans Health Administration-organization and functions

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 94 páginas
publicidad

-CITE-

38 USC CHAPTER 73 - VETERANS HEALTH ADMINISTRATION -

ORGANIZATION AND FUNCTIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

-HEAD-

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

-MISC1-

SUBCHAPTER I - ORGANIZATION

Sec.

7301. Functions of Veterans Health Administration: in

general.

7302. Functions of Veterans Health Administration:

health-care personnel education and training

programs.

7303. Functions of Veterans Health Administration: research

programs.

7304. Regulations.

7305. Divisions of Veterans Health Administration.

7306. Office of the Under Secretary for Health.

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

7311. Quality assurance.

7312. Special medical advisory group.

7313. Advisory committees: affiliated institutions.

7314. Geriatric research, education, and clinical centers.

7315. Geriatrics and Gerontology Advisory Committee.

7316. Malpractice and negligence suits: defense by United

States.

7317. Hazardous research projects: indemnification of

contractors.

7318. National Center for Preventive Health.

7319. Mammography quality standards.

7320. Centers for mental illness research, education, and

clinical activities.

7321. Committee on Care of Severely Chronically Mentally Ill

Veterans.

7322. Breast cancer mammography policy.

7323. Required consultations with nurses.

7324. Annual report on use of authorities to enhance

retention of experienced nurses.

7325. Medical emergency preparedness centers.

7326. Education and training programs on medical response to

consequences of terrorist activities.

SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

7331. Informed consent.

7332. Confidentiality of certain medical records.

7333. Nondiscrimination against alcohol and drug abusers and

persons infected with human immunodeficiency virus.

7334. Regulations.

SUBCHAPTER IV - RESEARCH CORPORATIONS

7361. Authority to establish; status.

7362. Purpose of corporations.

7363. Board of directors; executive director.

7364. General powers.

7365. Applicable State law.

7366. Accountability and oversight.

[7367. Repealed.]

7368. Expiration of authority.

AMENDMENTS

2002 - Pub. L. 107-287, Secs. 2(a)(2), 3(a)(2), Nov. 7, 2002, 116

Stat. 2027, 2028, added items 7325 and 7326.

Pub. L. 107-135, title I, Sec. 125(a)(2), Jan. 23, 2002, 115

Stat. 2453, added item 7324.

2001 - Pub. L. 107-14, Sec. 8(a)(14)(B), June 5, 2001, 115 Stat.

35, struck out item 7367 "Report to Congress".

2000 - Pub. L. 106-419, title II, Sec. 201(b)(2), Nov. 1, 2000,

114 Stat. 1840, added item 7323.

1997 - Pub. L. 105-114, title II, Sec. 208(a)(2), Nov. 21, 1997,

111 Stat. 2289, added item 7322.

1996 - Pub. L. 104-262, title III, Secs. 321(a)(2), 334(a)(2),

335(b), Oct. 9, 1996, 110 Stat. 3195, 3203, 3205, added items 7319

to 7321.

1994 - Pub. L. 103-446, title XII, Sec. 1201(h)(3), Nov. 2, 1994,

108 Stat. 4688, inserted "PROTECTION OF" before "PATIENT" in

heading for subchapter III.

1992 - Pub. L. 102-585, title V, Sec. 511(a)(2), Nov. 4, 1992,

106 Stat. 4956, added item 7318.

Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106

Stat. 1984, substituted "Under Secretary for Health" for "Chief

Medical Director" in item 7306.

1991 - Pub. L. 102-40, title IV, Sec. 401(a)(1), (3), May 7,

1991, 105 Stat. 210, substituted "VETERANS HEALTH ADMINISTRATION -

ORGANIZATION AND FUNCTIONS" for "DEPARTMENT OF MEDICINE AND

SURGERY" as chapter heading, added analysis for subchapters I to

IV, and struck out former analysis consisting of subchapter I

containing items 4101 to 4119 and 4210, subchapter II containing

items 4121 to 4124, subchapter III containing items 4131 to 4134,

subchapter IV containing items 4141 and 4142, subchapter V

containing items 4151 and 4152, and subchapter VI containing items

4161 to 4168.

1990 - Pub. L. 101-366, title I, Sec. 102(d), Aug. 15, 1990, 104

Stat. 436, added heading for subchapter IV and items 4141 and 4142.

1988 - Pub. L. 100-322, title I, Sec. 122(b), title II, Secs.

204(b), 212(a)(2), 216(e)(1), May 20, 1988, 102 Stat. 504, 512,

516, 530, added item 4210 [4120] after item 4119, substituted

"Nondiscrimination against alcohol and drug abusers and persons

infected with human immunodeficiency virus" for "Nondiscrimination

in the admission of alcohol and drug abusers to Veterans'

Administration health care facilities" in item 4133, substituted

"Regulations" for "Coordination; reports" in item 4134, struck out

heading for Subchapter IV, "VETERANS' ADMINISTRATION HEALTH

PROFESSIONAL SCHOLARSHIP PROGRAM" and items 4141 "Establishment of

program; purpose; duration", 4142 "Eligibility; application;

written contract", 4143 "Obligated service", 4144 "Breach of

contract; liability; waiver", 4145 "Exemption of scholarship

payments from taxation", and 4146 "Program subject to availability

of appropriations", and added heading for subchapter VI and items

4161 to 4168.

1986 - Pub. L. 99-576, title VII, Sec. 702(12), Oct. 28, 1986,

100 Stat. 3302, substituted "appointments" for "appointment" in

item 4106.

1985 - Pub. L. 99-166, title II, Sec. 204(a)(2), Dec. 3, 1985, 99

Stat. 952, added heading for subchapter V and items 4151 and 4152.

1980 - Pub. L. 96-330, title I, Sec. 116(a)(2), title II, Sec.

201(a)(2), Aug. 26, 1980, 94 Stat. 1039, 1047, added item 4119,

heading for subchapter IV and items 4141 to 4146.

1976 - Pub. L. 94-581, title I, Sec. 111(a)(2), Oct. 21, 1976, 90

Stat. 2852, added analysis for subchapter III consisting of items

4131 to 4134.

1975 - Pub. L. 94-123, Sec. 2(d)(2), Oct. 22, 1975, 89 Stat. 673,

added item 4118.

1973 - Pub. L. 93-82, title II, Sec. 204(b), Aug. 2, 1973, 87

Stat. 192, substituted "Personnel administration" for

"Administration" in item 4108.

1972 - Pub. L. 92-541, Sec. 3(b), Oct. 24, 1972, 86 Stat. 1108,

designated existing sections as subchapter I and added subchapter

II.

1966 - Pub. L. 89-785, title I, Secs. 109(b), 111(d), 112(b),

Nov. 7, 1966, 80 Stat. 1371, 1372, substituted "Special Medical

Advisory group; other advisory bodies" for "Medical advisory Group"

in item 4112, and "Temporary full-time, part-time, and without

compensation appointments" for "Temporary and part-time

appointments" in item 4114, and added item 4117.

1965 - Pub. L. 89-311, Sec. 6(b), Oct. 31, 1965, 79 Stat. 1157,

added item 4116.

1964 - Pub. L. 88-426, title I, Sec. 117(b), Aug. 14, 1964, 78

Stat. 410, substituted "Office of the Chief Medical Director" for

"Appointments and compensation" in item 4103.

1962 - Pub. L. 87-793, Sec. 803(b), Oct. 11, 1962, 76 Stat. 861,

substituted "Administration" for "Specialist ratings" in item 4108.

Pub. L. 87-574, Sec. 4(3), Aug. 6, 1962, 76 Stat. 309, inserted

"; residencies and internships" in item 4114.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 sections 2105, 4301, 5102,

5355; title 42 section 284c.

-End-

-CITE-

38 USC SUBCHAPTER I - ORGANIZATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I - ORGANIZATION

-HEAD-

SUBCHAPTER I - ORGANIZATION

-MISC1-

PRIOR PROVISIONS

A prior subchapter I of this chapter consisting of sections 4101

to 4120, related to organization of Department of Medicine and

Surgery, prior to repeal by Pub. L. 102-40, title IV, Sec.

401(a)(3), May 7, 1991, 105 Stat. 210. See Prior Provisions notes

set out under sections 4101 to 4110A of this title.

-End-

-CITE-

38 USC Sec. 7301 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 7301. Functions of Veterans Health Administration: in general

-STATUTE-

(a) There is in the Department of Veterans Affairs a Veterans

Health Administration. The Under Secretary for Health is the head

of the Administration. The Under Secretary for Health may be

referred to as the Chief Medical Director.

(b) The primary function of the Administration is to provide a

complete medical and hospital service for the medical care and

treatment of veterans, as provided in this title and in regulations

prescribed by the Secretary pursuant to this title.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 211; amended Pub. L. 102-405, title III, Sec. 302(c)(1), (2),

Oct. 9, 1992, 106 Stat. 1984.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-405 substituted "Under Secretary

for Health is" for "Chief Medical Director is" and inserted at end

"The Under Secretary for Health may be referred to as the Chief

Medical Director."

-End-

-CITE-

38 USC Sec. 7302 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 7302. Functions of Veterans Health Administration: health-care

personnel education and training programs

-STATUTE-

(a) In order to carry out more effectively the primary function

of the Veterans Health Administration and in order to assist in

providing an adequate supply of health personnel to the Nation, the

Secretary -

(1) to the extent feasible without interfering with the medical

care and treatment of veterans, shall develop and carry out a

program of education and training of health personnel; and

(2) shall carry out a major program for the recruitment,

training, and employment of veterans with medical military

occupation specialties as -

(A) physician assistants;

(B) expanded-function dental auxiliaries; and

(C) other medical technicians.

(b) In carrying out subsection (a)(1), the Secretary shall

include in the program of education and training under that

subsection the developing and evaluating of new health careers,

interdisciplinary approaches, and career advancement opportunities.

(c) In carrying out subsection (a)(2), the Secretary shall

include in the program of recruitment, training, and employment

under that subsection measures to advise all qualified veterans

with military occupation specialties referred to in that

subsection, and all members of the armed forces about to be

discharged or released from active duty who have such military

occupation specialties, of employment opportunities with the

Administration.

(d) The Secretary shall carry out subsection (a) in cooperation

with the following institutions and organizations:

(1) Schools of medicine, osteopathy, dentistry, nursing,

pharmacy, optometry, podiatry, public health, or allied health

professions.

(2) Other institutions of higher learning.

(3) Medical centers.

(4) Academic health centers.

(5) Hospitals.

(6) Such other public or nonprofit agencies, institutions, or

organizations as the Secretary considers appropriate.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 211.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7303, 7362, 7471, 8153,

8201, 8241 of this title.

-End-

-CITE-

38 USC Sec. 7303 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 7303. Functions of Veterans Health Administration: research

programs

-STATUTE-

(a)(1) In order to carry out more effectively the primary

function of the Administration and in order to contribute to the

Nation's knowledge about disease and disability, the Secretary

shall carry out a program of medical research in connection with

the provision of medical care and treatment to veterans. Funds

appropriated to carry out this section shall remain available until

expended.

(2) Such program of medical research shall include biomedical

research, mental illness research, prosthetic and other

rehabilitative research, and health-care-services research.

(3) Such program shall stress -

(A) research into spinal-cord injuries and other diseases that

lead to paralysis of the lower extremities; and

(B) research into injuries and illnesses particularly related

to service.

(4) In carrying out such research program, the Secretary shall

act in cooperation with the entities described in section 7302(d)

of this title.

(b) Prosthetic research shall include research and testing in the

field of prosthetic, orthotic, and orthopedic appliances and

sensory devices. In order that the unique investigative material

and research data in the possession of the Government may result in

the improvement of such appliances and devices for all disabled

persons, the Secretary (through the Under Secretary for Health)

shall make the results of such research available to any person,

and shall consult and cooperate with the Secretary of Health and

Human Services and the Secretary of Education, in connection with

programs carried out under section 204(b)(3) of the Rehabilitation

Act of 1973 (relating to the establishment and support of

Rehabilitation Engineering Research Centers).

(c)(1) In conducting or supporting clinical research, the

Secretary shall ensure that, whenever possible and appropriate -

(A) women who are veterans are included as subjects in each

project of such research; and

(B) members of minority groups who are veterans are included as

subjects of such research.

(2) In the case of a project of clinical research in which women

or members of minority groups will under paragraph (1) be included

as subjects of the research, the Secretary shall ensure that the

project is designed and carried out so as to provide for a valid

analysis of whether the variables being tested in the research

affect women or members of minority groups, as the case may be,

differently than other persons who are subjects of the research.

(d)(1) The Secretary, in carrying out the Secretary's

responsibilities under this section, shall foster and encourage the

initiation and expansion of research relating to the health of

veterans who are women.

(2) In carrying out this subsection, the Secretary shall consult

with the following to assist the Secretary in setting research

priorities:

(A) Officials of the Department assigned responsibility for

women's health programs and sexual trauma services.

(B) The members of the Advisory Committee on Women Veterans.

(C) Members of appropriate task forces and working groups

within the Department (including the Women Veterans Working Group

and the Task Force on Treatment of Women Who Suffer Sexual

Abuse).

(e) Amounts for the activities of the field offices of the Office

of Research Compliance and Assurance of the Department shall be

derived from amounts appropriated for the Veterans Health

Administration for Medical Care (rather than from amounts

appropriated for the Veterans Health Administration for Medical and

Prosthetic Research).

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 211; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.

9, 1992, 106 Stat. 1984; Pub. L. 103-452, title I, Sec. 102(a),

(b)(1), Nov. 2, 1994, 108 Stat. 4785, 4786; Pub. L. 105-220, title

IV, Sec. 414(c), Aug. 7, 1998, 112 Stat. 1242; Pub. L. 107-135,

title II, Sec. 205(a), Jan. 23, 2002, 115 Stat. 2460.)

-REFTEXT-

REFERENCES IN TEXT

Section 204(b)(3) of the Rehabilitation Act of 1973, referred to

in subsec. (b), is classified to section 764(b)(3) of Title 29,

Labor.

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-135 added subsec. (e).

1998 - Subsec. (b). Pub. L. 105-220 substituted "section

204(b)(3) of the Rehabilitation Act of 1973" for "section 204(b)(2)

of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))".

1994 - Pub. L. 103-452 transferred text of subsec. (c) to the end

of subsec. (a)(1), struck out subsec. (c) designation, and added

new subsecs. (c) and (d).

1992 - Subsec. (b). Pub. L. 102-405 substituted "Under Secretary

for Health" for "Chief Medical Director".

APPLICABILITY TO FISCAL YEAR 2002

Pub. L. 107-135, title II, Sec. 205(b), Jan. 23, 2002, 115 Stat.

2460, provided that: "In order to carry out subsection (e) of

section 7303 of title 38, United States Code, as added by

subsection (a), for fiscal year 2002, the Secretary of Veterans

Affairs shall transfer such sums as necessary for that purpose from

amounts appropriated for the Veterans Health Administration for

Medical and Prosthetic Research for fiscal year 2002 to amounts

appropriated for the Veterans Health Administration for Medical

Care for that fiscal year."

POST-TRAUMATIC STRESS DISORDER RESEARCH

Section 122(a) of Pub. L. 102-405 provided that: "In carrying out

research and awarding grants under chapter 73 of title 38, United

States Code, the Secretary shall assign a high priority to the

conduct of research on mental illness, including research regarding

(1) post-traumatic stress disorder, (2) post-traumatic stress

disorder in association with substance abuse, and (3) the treatment

of those disorders."

RESEARCH RELATING TO WOMEN VETERANS' HEALTH

Pub. L. 102-585, title I, Sec. 109, Nov. 4, 1992, 106 Stat. 4948,

provided for initiation and expansion of research relating to

health of women veterans and authorization of appropriations for

fiscal years 1993 through 1995 to carry out such studies, prior to

repeal by Pub. L. 103-452, title I, Sec. 102(b)(2), Nov. 2, 1994,

108 Stat. 4786.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3904, 7317, 7362 of this

title.

-End-

-CITE-

38 USC Sec. 7304 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 7304. Regulations

-STATUTE-

(a) Unless specifically otherwise provided, the Under Secretary

for Health shall prescribe all regulations necessary to the

administration of the Veterans Health Administration, including

regulations relating to -

(1) travel, transportation of household goods and effects, and

deductions from pay for quarters and subsistence; and

(2) the custody, use, and preservation of the records, papers,

and property of the Administration.

(b) Regulations prescribed by the Under Secretary for Health are

subject to the approval of the Secretary.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 212; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.

9, 1992, 106 Stat. 1984.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-405 substituted "Under Secretary for Health"

for "Chief Medical Director" in subsecs. (a) and (b).

-End-

-CITE-

38 USC Sec. 7305 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 7305. Divisions of Veterans Health Administration

-STATUTE-

The Veterans Health Administration shall include the following:

(1) The Office of the Under Secretary for Health.

(2) A Medical Service.

(3) A Dental Service.

(4) A Podiatric Service.

(5) An Optometric Service.

(6) A Nursing Service.

(7) Such other professional and auxiliary services as the

Secretary may find to be necessary to carry out the functions of

the Administration.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 212; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.

9, 1992, 106 Stat. 1984.)

-MISC1-

AMENDMENTS

1992 - Par. (1). Pub. L. 102-405 substituted "Under Secretary for

Health" for "Chief Medical Director".

-End-

-CITE-

38 USC Sec. 7306 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I - ORGANIZATION

-HEAD-

Sec. 7306. Office of the Under Secretary for Health

-STATUTE-

(a) The Office of the Under Secretary for Health shall consist of

the following:

(1) The Deputy Under Secretary for Health, who shall be the

principal assistant of the Under Secretary for Health and who

shall be a qualified doctor of medicine.

(2) The Associate Deputy Under Secretary for Health, who shall

be an assistant to the Under Secretary for Health and the Deputy

Under Secretary for Health and who shall be a qualified doctor of

medicine.

(3) Not to exceed eight Assistant Under Secretaries for Health.

(4) Such Medical Directors as may be appointed to suit the

needs of the Department, who shall be either a qualified doctor

of medicine or a qualified doctor of dental surgery or dental

medicine.

(5) A Director of Nursing Service, who shall be a qualified

registered nurse and who shall be responsible to, and report

directly to, the Under Secretary for Health for the operation of

the Nursing Service.

(6) A Director of Pharmacy Service, a Director of Dietetic

Service, a Director of Podiatric Service, and a Director of

Optometric Service, who shall be responsible to the Under

Secretary for Health for the operation of their respective

Services.

(7) Such directors of such other professional or auxiliary

services as may be appointed to suit the needs of the Department,

who shall be responsible to the Under Secretary for Health for

the operation of their respective services.

(8) The Director of the National Center for Preventive Health,

who shall be responsible to the Under Secretary for Health for

the operation of the Center.

(9) The Advisor on Physician Assistants, who shall be a

physician assistant with appropriate experience and who shall

advise the Under Secretary for Health on all matters relating to

the utilization and employment of physician assistants in the

Administration.

(10) Such other personnel as may be authorized by this chapter.

(b) Of the Assistant Under Secretaries for Health appointed under

subsection (a)(3) -

(1) not more than two may be persons qualified in the

administration of health services who are not doctors of

medicine, dental surgery, or dental medicines;

(2) one shall be a qualified doctor of dental surgery or dental

medicine who shall be directly responsible to the Under Secretary

for Health for the operation of the Dental Service; and

(3) one shall be a qualified physician trained in, or having

suitable extensive experience in, geriatrics who shall be

responsible to the Under Secretary for Health for evaluating all

research, educational, and clinical health-care programs carried

out in the Administration in the field of geriatrics and who

shall serve as the principal advisor to the Under Secretary for

Health with respect to such programs.

(c) Appointments under subsection (a) shall be made by the

Secretary. In the case of appointments under paragraphs (1), (2),

(3), (4), and (8) of that subsection, such appointments shall be

made upon the recommendation of the Under Secretary for Health.

(d) Except as provided in subsection (e) -

(1) any appointment under this section shall be for a period of

four years, with reappointment permissible for successive like

periods,

(2) any such appointment or reappointment may be extended by

the Secretary for a period not in excess of three years, and

(3) any person so appointed or reappointed or whose appointment

or reappointment is extended shall be subject to removal by the

Secretary for cause.

(e)(1) The Secretary may designate a member of the Chaplain

Service of the Department as Director, Chaplain Service, for a

period of two years, subject to removal by the Secretary for cause.

Redesignation under this subsection may be made for successive like

periods or for any period not exceeding two years.

(2) A person designated as Director, Chaplain Service, shall at

the end of such person's period of service as Director revert to

the position, grade, and status which such person held immediately

before being designated Director, Chaplain Service, and all service

as Director, Chaplain Service, shall be creditable as service in

the former position.

(f) In organizing the Office and appointing persons to positions

in the Office, the Under Secretary shall ensure that -

(1) the Office is staffed so as to provide the Under Secretary,

through a designated clinician in the appropriate discipline in

each instance, with expertise and direct policy guidance on -

(A) unique programs operated by the Administration to provide

for the specialized treatment and rehabilitation of disabled

veterans (including blind rehabilitation, care of spinal cord

dysfunction, mental illness, and long-term care); and

(B) the programs established under section 1712A of this

title; and

(2) with respect to the programs established under section

1712A of this title, a clinician with appropriate expertise in

those programs is responsible to the Under Secretary for the

management of those programs.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 212; amended Pub. L. 102-405, title II, Sec. 205, title III,

Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984; Pub. L.

102-585, title V, Sec. 511(b), Nov. 4, 1992, 106 Stat. 4956; Pub.

L. 103-446, title XII, Sec. 1201(c)(3), Nov. 2, 1994, 108 Stat.

4683; Pub. L. 104-262, title III, Sec. 344, Oct. 9, 1996, 110 Stat.

3207; Pub. L. 106-419, title II, Sec. 206, Nov. 1, 2000, 114 Stat.

1842; Pub. L. 107-135, title I, Sec. 131, Jan. 23, 2002, 115 Stat.

2454.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(5). Pub. L. 107-135 inserted ", and report

directly to," after "responsible to".

2000 - Subsec. (a)(9), (10). Pub. L. 106-419 added par. (9) and

redesignated former par. (9) as (10).

1996 - Subsec. (f). Pub. L. 104-262 added subsec. (f).

1994 - Subsec. (a)(3). Pub. L. 103-446, Sec. 1201(c)(3)(A)(i),

substituted "Assistant Under Secretaries for Health" for "Assistant

Chief Medical Directors".

Pars. (7) to (9). Pub. L. 103-446, Sec. 1201(c)(3)(A)(ii)-(iv),

redesignated par. (8), relating to such directors, as (7), par. (7)

as (8), and par. (8), relating to such other personnel, as (9), and

in par. (8), as so redesignated, substituted "Under Secretary for

Health" for "Chief Medical Director".

Subsec. (b). Pub. L. 103-446, Sec. 1201(c)(3)(B), substituted

"Assistant Under Secretaries for Health" for "Assistant Chief

Medical Directors".

Subsec. (c). Pub. L. 103-446, Sec. 1201(c)(3)(C), substituted

"and (8)" for "and (7)".

1992 - Pub. L. 102-405, Sec. 302(c)(1), substituted "Under

Secretary for Health" for "Chief Medical Director" in section

catchline.

Subsec. (a). Pub. L. 102-405, Sec. 302(c)(1), substituted "Under

Secretary for Health" for "Chief Medical Director" wherever

appearing.

Subsec. (a)(7). Pub. L. 102-585, Sec. 511(b)(1)(B), added par.

(7). Former par. (7), relating to such directors, redesignated (8).

Pub. L. 102-405, Sec. 205(2), added par. (7). Former par. (7),

relating to such other personnel, redesignated (8).

Subsec. (a)(8). Pub. L. 102-585, Sec. 511(b)(1)(A), redesignated

par. (7), relating to such directors, as (8).

Pub. L. 102-405, Sec. 205(1), redesignated par. (7), relating to

such other personnel, as (8).

Subsec. (b)(2), (3). Pub. L. 102-405, Sec. 302(c)(1), substituted

"Under Secretary for Health" for "Chief Medical Director" wherever

appearing.

Subsec. (c). Pub. L. 102-585, Sec. 511(b)(2), substituted "(4),

and (7)" for "and (4)".

Pub. L. 102-405, Sec. 302(c)(1), substituted "Under Secretary for

Health" for "Chief Medical Director".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7314, 7401, 7404, 7405,

7408, 7424, 7425, 8107 of this title.

-End-

-CITE-

38 USC SUBCHAPTER II - GENERAL AUTHORITY AND

ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-MISC1-

PRIOR PROVISIONS

A prior subchapter II of this chapter consisting of sections 4121

to 4124, related to Regional Medical Education Centers, prior to

repeal by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991,

105 Stat. 210. See Prior Provisions notes set out under section

4110A of this title.

-End-

-CITE-

38 USC Sec. 7311 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7311. Quality assurance

-STATUTE-

(a) The Secretary shall -

(1) establish and conduct a comprehensive program to monitor

and evaluate the quality of health care furnished by the Veterans

Health Administration (hereinafter in this section referred to as

the "quality-assurance program"); and

(2) delineate the responsibilities of the Under Secretary for

Health with respect to the quality-assurance program, including

the duties prescribed in this section.

(b)(1) As part of the quality-assurance program, the Under

Secretary for Health shall periodically evaluate -

(A) whether there are significant deviations in mortality and

morbidity rates for surgical procedures performed by the

Administration from prevailing national mortality and morbidity

standards for similar procedures; and

(B) if there are such deviations, whether they indicate

deficiencies in the quality of health care provided by the

Administration.

(2) The evaluation under paragraph (1)(A) shall be made using the

information compiled under subsection (c)(1). The evaluation under

paragraph (1)(B) shall be made taking into account the factors

described in subsection (c)(2)(B).

(3) If, based upon an evaluation under paragraph (1)(A), the

Under Secretary for Health determines that there is a deviation

referred to in that paragraph, the Under Secretary for Health shall

explain the deviation in the report submitted under subsection

(f).(!1)

(c)(1) The Under Secretary for Health shall -

(A) determine the prevailing national mortality and morbidity

standards for each type of surgical procedure performed by the

Administration; and

(B) collect data and other information on mortality and

morbidity rates in the Administration for each type of surgical

procedure performed by the Administration and (with respect to

each such procedure) compile the data and other information so

collected -

(i) for each medical facility of the Department, in the case

of cardiac surgery, heart transplant, and renal transplant

programs; and

(ii) in the aggregate, for each other type of surgical

procedure.

(2) The Under Secretary for Health shall -

(A) compare the mortality and morbidity rates compiled under

paragraph (1)(B) with the national mortality and morbidity

standards determined under paragraph (1)(A); and

(B) analyze any deviation between such rates and such standards

in terms of the following:

(i) The characteristics of the respective patient

populations.

(ii) The level of risk for the procedure involved, based on -

(I) patient age;

(II) the type and severity of the disease;

(III) the effect of any complicating diseases; and

(IV) the degree of difficulty of the procedure.

(iii) Any other factor that the Under Secretary for Health

considers appropriate.

(d) Based on the information compiled and the comparisons,

analyses, evaluations, and explanations made under subsections (b)

and (c), the Under Secretary for Health, in the report under

subsection (f),(!1) shall make such recommendations with respect to

quality assurance as the Under Secretary for Health considers

appropriate.

(e)(1) The Secretary shall allocate sufficient resources

(including sufficient personnel with the necessary skills and

qualifications) to enable the Administration to carry out its

responsibilities under this section.

(2) The Inspector General of the Department shall allocate

sufficient resources (including sufficient personnel with the

necessary skills and qualifications) to enable the Inspector

General to monitor the quality-assurance program.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 214; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.

9, 1992, 106 Stat. 1984; Pub. L. 103-446, title XII, Sec.

1201(g)(5), Nov. 2, 1994, 108 Stat. 4687.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (f), referred to in subsecs. (b)(3) and (d), was

repealed by Pub. L. 103-446, title XII, Sec. 1201(g)(5), Nov. 2,

1994, 108 Stat. 4687.

-MISC1-

AMENDMENTS

1994 - Subsecs. (f), (g). Pub. L. 103-446 struck out subsecs. (f)

and (g) which read as follows:

"(f)(1) Not later than February 1, 1991, the Under Secretary for

Health shall submit to the Secretary a report on the experience

through the end of the preceding fiscal year under the

quality-assurance program carried out under this section.

"(2) Such report shall include -

"(A) the data and other information compiled and the

comparisons, analyses, and evaluations made under subsections (b)

and (c) with respect to the period covered by the report; and

"(B) recommendations under subsection (d).

"(g)(1) Not later than 60 days after receiving such report, the

Secretary shall submit to the Committees on Veterans' Affairs of

the Senate and House of Representatives a copy of the report,

together with any comment concerning the report that the Secretary

considers appropriate.

"(2) A report submitted under paragraph (1) shall not be

considered to be a record or document as described in section

5705(a) of this title."

1992 - Subsecs. (a) to (d), (f). Pub. L. 102-405 substituted

"Under Secretary for Health" for "Chief Medical Director" wherever

appearing.

EVALUATION OF DEPARTMENT OF VETERANS AFFAIRS NURSE MANAGED CLINICS

Pub. L. 107-135, title I, Sec. 123, Jan. 23, 2002, 115 Stat.

2451, provided that:

"(a) Evaluation. - The Secretary of Veterans Affairs shall carry

out an evaluation of the efficacy of the nurse managed health care

clinics of the Department of Veterans Affairs. The Secretary shall

complete the evaluation not later than 18 months after the date of

the enactment of this Act [Jan. 23, 2002].

"(b) Clinics To Be Evaluated. - (1) In carrying out the

evaluation under subsection (a), the Secretary shall consider nurse

managed health care clinics, including primary care clinics and

geriatric care clinics, located in three different geographic

service areas of the Department.

"(2) If there are not nurse managed health care clinics located

in three different geographic service areas as of the commencement

of the evaluation, the Secretary shall -

"(A) establish nurse managed health care clinics in additional

geographic service areas such that there are nurse managed health

care clinics in three different geographic service areas for

purposes of the evaluation; and

"(B) include such clinics, as so established, in the

evaluation.

"(c) Matters To Be Evaluated. - In carrying out the evaluation

under subsection (a), the Secretary shall address the following:

"(1) Patient satisfaction.

"(2) Provider experiences.

"(3) Cost of care.

"(4) Access to care, including waiting time for care.

"(5) The functional status of patients receiving care.

"(6) Any other matters the Secretary considers appropriate.

"(d) Report. - Not later than 18 months after the date of the

enactment of this Act [Jan. 23, 2002], the Secretary shall submit

to the Committees on Veterans' Affairs of the Senate and the House

of Representatives a report on the evaluation carried out under

subsection (a). The report shall address the matters specified in

subsection (c) and include any other information, and any

recommendations, that the Secretary considers appropriate. The

Secretary shall provide a copy of the report to the National

Commission on VA Nursing established under subtitle D [set out as a

note under section 7451 of this title]."

QUALITY ASSURANCE ACTIVITIES

Section 104 of Pub. L. 102-405 provided that: "Effective on

October 1, 1992, programs and activities which (1) the Secretary

carries out pursuant to section 7311(a) of title 38, United States

Code, or (2) are described in sections 201(a)(1) and 201(a)(3) of

Public Law 100-322 [formerly set out as a note under former section

4151 of this title] (102 Stat. 508) shall be deemed to be part of

the operation of hospitals, nursing homes, and domiciliary

facilities of the Department of Veterans Affairs, without regard to

the location of the duty stations of employees carrying out those

programs and activities."

REGULATIONS FOR STANDARDS OF PERFORMANCE IN LABORATORIES

Pub. L. 102-139, title I, Sec. 101, Oct. 28, 1991, 105 Stat. 742,

provided that:

"(a) Regulations for Standards of Performance in Department of

Veterans Affairs Laboratories. - (1) Within the 120-day period

beginning on the date on which the Secretary of Health and Human

Services promulgates final regulations to implement the standards

required by section 353 of the Public Health Service Act (42 U.S.C.

263a), the Secretary of Veterans Affairs, in accordance with the

Secretary's authority under title 38, United States Code, shall

prescribe regulations to assure consistent performance by medical

facility laboratories under the jurisdiction of the Secretary of

valid and reliable laboratory examinations and other procedures.

Such regulations shall be prescribed in consultation with the

Secretary of Health and Human Services and shall establish

standards equal to that applicable to other medical facility

laboratories in accordance with the requirements of section 353(f)

of the Public Health Service Act.

"(2) Such regulations -

"(A) may include appropriate provisions respecting waivers

described in section 353(d) of such Act and accreditations

described in section 353(e) of such Act; and

"(B) shall include appropriate provisions respecting compliance

with such requirements.

"(b) Report. - Within the 180-day period beginning on the date on

which the Secretary of Veterans Affairs prescribes regulations

required by subsection (a), the Secretary shall submit to the

appropriate committees of the Congress a report on those

regulations.

"(c) Definition. - As used in this section, the term 'medical

facility laboratories' means facilities for the biological,

micro-biological, serological, chemical, immunohematological,

hematological, biophysical, cytological, pathological, or other

physical examination of materials derived from the human body for

the purpose of providing information for the diagnosis, prevention,

or treatment of any disease or impairment of, or the assessment of

the health of, human beings."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5705 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 7312 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7312. Special medical advisory group

-STATUTE-

(a) The Secretary shall establish an advisory committee to be

known as the special medical advisory group. The advisory group

shall advise the Secretary, through the Under Secretary for Health,

and the Under Secretary for Health directly, relative to the care

and treatment of disabled veterans and other matters pertinent to

the Administration.

(b) Members of the special medical advisory group shall be

appointed by the Secretary upon the recommendation of the Under

Secretary for Health. The special medical advisory group shall be

composed of -

(1) members of the medical, dental, podiatric, optometric, and

allied scientific professions;

(2) other individuals considered by the Under Secretary for

Health to have experience pertinent to the mission of the

Administration; and

(3) a disabled veteran.

(c) The special medical advisory group shall meet on a regular

basis as prescribed by the Secretary. The number, terms of service,

pay, and allowances of members of the advisory group shall be

prescribed in accordance with existing law and regulations.

(d) Not later than February 1 of each year, the special medical

advisory group shall submit to the Secretary and the Congress a

report on the activities of the advisory group during the preceding

fiscal year. No report shall be required under this subsection

after December 31, 2004.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 215; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.

9, 1992, 106 Stat. 1984; Pub. L. 103-446, title XII, Sec.

1201(e)(20), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 106-419, title

IV, Sec. 403(c)(5), Nov. 1, 2000, 114 Stat. 1864.)

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-419 inserted at end "No report

shall be required under this subsection after December 31, 2004."

1994 - Subsec. (d). Pub. L. 103-446 substituted "the activities

of the advisory group" for "the advisory groups activities".

1992 - Subsecs. (a), (b). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director" wherever

appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 305, 7474, 8155, 8201 of

this title.

-End-

-CITE-

38 USC Sec. 7313 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7313. Advisory committees: affiliated institutions

-STATUTE-

(a) In each case where the Secretary has a contract or agreement

with any school, institution of higher learning, medical center,

hospital, or other public or nonprofit agency, institution, or

organization for the training or education of health personnel, the

Secretary shall establish an advisory committee to advise the

Secretary and the Under Secretary for Health with respect to policy

matters arising in connection with, and the operation of, the

program with respect to which it was appointed. Such a committee

may be a dean's committee, a medical advisory committee, or the

like.

(b) Any such advisory committee may be established on an

institution-wide, multi-disciplinary basis or on a regional basis

whenever establishment on such a basis is found to be feasible.

(c) Members of each such advisory committee shall be appointed by

the Secretary and shall include personnel of the Department

(including appropriate representation from the full-time staff) and

of the entity with which the Secretary has entered into the

contract or agreement. The number of members, and terms of members,

of each advisory committee shall be prescribed by the Secretary.

(d) The Secretary shall require that the Chief of the Nursing

Service (or the designee of the Chief) at each Department

health-care facility be included in the membership of each

policymaking committee at that facility. Such committees include:

(1) committees relating to matters such as budget, education,

position management, clinical executive issues, planning, and

resource allocation, and (2) the dean's committee or other advisory

committee established under subsection (a).

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 216; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.

9, 1992, 106 Stat. 1984.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-405 substituted "Under Secretary

for Health" for "Chief Medical Director".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7423 of this title.

-End-

-CITE-

38 USC Sec. 7314 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7314. Geriatric research, education, and clinical centers

-STATUTE-

(a) The Secretary, upon the recommendation of the Under Secretary

for Health and pursuant to the provisions of this section, shall

designate not more than 25 Department health-care facilities as the

locations for centers of geriatric research, education, and

clinical activities and (subject to the appropriation of sufficient

funds for such purpose) shall establish and operate such centers at

such locations in accordance with this section.

(b) In designating locations for centers under subsection (a),

the Secretary, upon the recommendation of the Under Secretary for

Health, shall -

(1) designate each Department health-care facility that as of

August 26, 1980, was operating a geriatric research, education,

and clinical center unless (on the recommendation of the Under

Secretary for Health) the Secretary determines that such facility

does not meet the requirements of subsection (c) or has not

demonstrated effectiveness in carrying out the established

purposes of such center or the purposes of title III of the

Veterans' Administration Health-Care Amendments of 1980 (Public

Law 96-330; 94 Stat. 1048) or the potential to carry out such

purposes effectively in the reasonably foreseeable future; and

(2) assure appropriate geographic distribution of such

facilities.

(c) The Secretary may not designate a health-care facility as a

location for a center under subsection (a) unless the peer review

panel established under subsection (d) has determined under that

subsection that the proposal submitted by such facility as a

location for a new center under subsection (a) is among those

proposals which have met the highest competitive standards of

scientific and clinical merit, and the Secretary (upon the

recommendation of the Under Secretary for Health) determines that

the facility has (or may reasonably be anticipated to develop) each

of the following:

(1) An arrangement with an accredited medical school which

provides education and training in geriatrics and with which such

facility is affiliated under which residents receive education

and training in geriatrics through regular rotation through such

center and through nursing home, extended care, or domiciliary

units of such facility so as to provide such residents with

training in the diagnosis and treatment of chronic diseases of

older individuals, including cardiopulmonary conditions, senile

dementia, and neurological disorders.

(2) An arrangement under which nursing or allied health

personnel receive training and education in geriatrics through

regular rotation through nursing home, extended care, or

domiciliary units of such facility.

(3) The ability to attract the participation of scientists who

are capable of ingenuity and creativity in health-care research

efforts.

(4) A policymaking advisory committee composed of appropriate

health-care and research representatives of the facility and of

the affiliated school or schools to advise the directors of such

facility and such center on policy matters pertaining to the

activities of such center during the period of the operation of

such center.

(5) The capability to conduct effectively evaluations of the

activities of such center.

(d)(1) In order to provide advice to assist the Secretary and the

Under Secretary for Health in carrying out their responsibilities

under this section, the Assistant Under Secretary for Health

described in section 7306(b)(3) of this title shall establish a

panel to assess the scientific and clinical merit of proposals that

are submitted to the Secretary for the establishment of new centers

under this section.

(2) The membership of the panel shall consist of experts in the

fields of geriatric and gerontological research, education, and

clinical care. Members of the panel shall serve as consultants to

the Department for a period of no longer than six months.

(3) The panel shall review each proposal submitted to the panel

by the Assistant Under Secretary and shall submit its views on the

relative scientific and clinical merit of each such proposal to the

Assistant Under Secretary.

(4) The panel shall not be subject to the Federal Advisory

Committee Act.

(e) Before providing funds for the operation of any such center

at a health-care facility other than a health-care facility

designated under subsection (b)(1), the Secretary shall assure that

the center at each facility designated under such subsection is

receiving adequate funding to enable such center to function

effectively in the areas of geriatric research, education, and

clinical activities.

(f) There are authorized to be appropriated such sums as may be

necessary for the support of the research and education activities

of the centers established pursuant to subsection (a). The Under

Secretary for Health shall allocate to such centers from other

funds appropriated generally for the Department medical care

account and medical and prosthetics research account, as

appropriate, such amounts as the Under Secretary for Health

determines appropriate.

(g) Activities of clinical and scientific investigation at each

center established under subsection (a) shall be eligible to

compete for the award of funding from funds appropriated for the

Department medical and prosthetics research account and shall

receive priority in the award of funding from such account insofar

as funds are awarded to projects for research in geriatrics and

gerontology.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 216; amended Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991,

105 Stat. 404; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,

1992, 106 Stat. 1984; Pub. L. 102-585, title V, Sec. 521, Nov. 4,

1992, 106 Stat. 4958; Pub. L. 103-446, title XII, Secs. 1201(c)(4),

1202(b)(2), Nov. 2, 1994, 108 Stat. 4683, 4689.)

-REFTEXT-

REFERENCES IN TEXT

The Veterans' Administration Health-Care Amendments of 1980,

referred to in subsec. (b)(1), is Pub. L. 96-330, Aug. 26, 1980, 94

Stat. 1030. Title III of the Act amended former sections 4101 and

4103 of this title and enacted provisions set out as notes below

and under former section 4101 of this title. For the purposes of

title III, see section 301 of Pub. L. 96-330, set out below. For

complete classification of this Act to the Code, see Short Title of

1980 Amendment note set out under section 101 of this title and

Tables.

The Federal Advisory Committee Act, referred to in subsec.

(d)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-446, Sec. 1202(b)(2), amended

Pub. L. 102-83, Sec. 4(a)(3), (4), to make it inapplicable to this

section. See 1991 Amendment note below.

Subsec. (d)(1). Pub. L. 103-446, Sec. 1201(c)(4)(A), substituted

"the Secretary and the Under Secretary for Health in carrying out"

for "the Chief Medical Director and the Secretary to carry out" and

"the Assistant Under Secretary for Health described in section

7306(b)(3)" for "the Assistant Chief Medical Director described in

section 7306(b)(3)".

Subsec. (d)(3). Pub. L. 103-446, Sec. 1201(c)(4)(B), substituted

"Assistant Under Secretary" for "Assistant Chief Medical Director"

in two places.

1992 - Subsecs. (a), (b). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director" wherever

appearing.

Subsec. (c). Pub. L. 102-585, Sec. 521(1), inserted "the peer

review panel established under subsection (d) has determined under

that subsection that the proposal submitted by such facility as a

location for a new center under subsection (a) is among those

proposals which have met the highest competitive standards of

scientific and clinical merit, and" after "unless" in introductory

provisions.

Pub. L. 102-405 substituted "Under Secretary for Health" for

"Chief Medical Director" in introductory provisions.

Subsec. (d). Pub. L. 102-585, Sec. 521(3), added subsec. (d).

Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 102-585, Sec. 521(2), redesignated subsec.

(d) as (e). Former subsec. (e) redesignated (f).

Pub. L. 102-405 substituted "Under Secretary for Health" for

"Chief Medical Director" in two places.

Subsecs. (f), (g). Pub. L. 102-585, Sec. 521(2), redesignated

subsecs. (e) and (f) as (f) and (g), respectively.

1991 - Subsec. (b)(1). Pub. L. 102-83, Sec. 4(a)(3), (4), which

directed substitution of "Department" for "Veterans'

Administration", was amended by Pub. L. 103-446, Sec. 1202(b)(2),

to make it inapplicable to this section.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 1202(b) of Pub. L. 103-446 provided that the amendment

made by that section is effective Aug. 6, 1991, and as if included

in the enactment of Pub. L. 102-83.

CONGRESSIONAL DECLARATION OF PURPOSE IN CREATING CENTERS OF

GERIATRIC RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES

Section 301 of title III of Pub. L. 96-330 provided that: "The

purposes of this title [see Tables for classification] are (1) to

improve and expand the capability of Veterans' Administration [now

Department of Veterans Affairs] health-care facilities to respond

with the most effective and appropriate services possible to the

medical, psychological and social needs of the increasing number of

older veterans, and (2) to advance scientific knowledge regarding

such needs and the methods of meeting them by facilitating higher

quality geriatric care for eligible older veterans through

geriatric and gerontological research, the training of health

personnel in the provision of health care to older individuals, and

the development of improved models of clinical services for

eligible older veterans."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7315 of this title.

-End-

-CITE-

38 USC Sec. 7315 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7315. Geriatrics and Gerontology Advisory Committee

-STATUTE-

(a) The Secretary shall establish in the Veterans Health

Administration a Geriatrics and Gerontology Advisory Committee

(hereinafter in this section referred to as the "Committee"). The

membership of the Committee shall be appointed by the Secretary,

upon the recommendation of the Under Secretary for Health, and

shall include individuals who are not employees of the Federal

Government and who have demonstrated interest and expertise in

research, education, and clinical activities related to aging and

at least one representative of a national veterans service

organization. The Secretary, upon the recommendation of the Under

Secretary for Health, shall invite representatives of other

appropriate departments and agencies of the United States to

participate in the activities of the Committee and shall provide

the Committee with such staff and other support as may be necessary

for the Committee to carry out effectively its functions under this

section.

(b) The Committee shall -

(1) advise the Under Secretary for Health on all matters

pertaining to geriatrics and gerontology;

(2) assess, through an evaluation process (including a site

visit conducted not later than three years after the date of the

establishment of each new center and not later than two years

after the date of the last evaluation of those centers in

operation on August 26, 1980), the ability of each center

established under section 7314 of this title to achieve its

established purposes and the purposes of title III of the

Veterans' Administration Health-Care Amendments of 1980 (Public

Law 96-330; 94 Stat. 1048);

(3) assess the capability of the Department to provide high

quality geriatric services, extended services, and other

health-care services to eligible older veterans, taking into

consideration the likely demand for such services from such

veterans;

(4) assess the current and projected needs of eligible older

veterans for geriatric services, extended-care services, and

other health-care services from the Department and its activities

and plans designed to meet such needs; and

(5) perform such additional functions as the Secretary or Under

Secretary for Health may direct.

(c)(1) The Committee shall submit to the Secretary, through the

Under Secretary for Health, such reports as the Committee considers

appropriate with respect to its findings and conclusions under

subsection (b). Such reports shall include the following:

(A) Descriptions of the operations of the centers of geriatric

research, education, and clinical activities established pursuant

to section 7314 of this title.

(B) Assessments of the quality of the operations of such

centers.

(C) An assessment of the extent to which the Department,

through the operation of such centers and other health-care

facilities and programs, is meeting the needs of eligible older

veterans for geriatric services, extended-care services, and

other health-care services.

(D) Assessments of and recommendations for correcting any

deficiencies in the operations of such centers.

(E) Recommendations for such other geriatric services,

extended-care services, and other health-care services as may be

needed to meet the needs of older veterans.

(2) Whenever the Committee submits a report to the Secretary

under paragraph (1), the Committee shall at the same time transmit

a copy of the report in the same form to the appropriate committees

of Congress. Not later than 90 days after receipt of a report under

that paragraph, the Secretary shall submit to the appropriate

committees of Congress a report containing any comments and

recommendations of the Secretary with respect to the report of the

Committee.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 217; amended Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991,

105 Stat. 404; Pub. L. 102-405, title I, Sec. 102, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1973, 1984; Pub. L. 103-446,

title XII, Secs. 1201(i)(9), 1202(b)(2), Nov. 2, 1994, 108 Stat.

4688, 4689; Pub. L. 107-330, title III, Sec. 308(g)(13), Dec. 6,

2002, 116 Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

The Veterans' Administration Health-Care Amendments of 1980,

referred to in subsec. (b)(2), is Pub. L. 96-330, Aug. 26, 1980, 94

Stat. 1030. Title III of the Act amended former sections 4101 and

4103 of this title and enacted provisions set out as notes under

former section 4101 of this title. For the purposes of title III,

see section 301 of Pub. L. 96-330, set out as a note under section

7314 of this title. For complete classification of this Act to the

Code, see Short Title of 1980 Amendment note set out under section

101 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-330 inserted "Veterans Health"

before "Administration" in first sentence.

1994 - Subsec. (b)(2). Pub. L. 103-446, Sec. 1201(i)(9), which

directed substitution of "Veterans' Administration" for

"Department", could not be executed because "Department" did not

appear subsequent to execution of amendment by Pub. L. 103-446,

Sec. 1202(b)(2). See below.

Pub. L. 103-446, Sec. 1202(b)(2), amended Pub. L. 102-83, Sec.

4(a)(3), (4), to make it inapplicable to this section. See 1991

Amendment note below.

1992 - Subsecs. (a), (b)(1), (5), (c)(1). Pub. L. 102-405, Sec.

302(c)(1), substituted "Under Secretary for Health" for "Chief

Medical Director" wherever appearing.

Subsec. (c)(2). Pub. L. 102-405, Sec. 102, amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "Not later

than 90 days after receipt of a report submitted under paragraph

(1), the Secretary shall transmit the report, together with the

Secretary's comments and recommendations thereon, to the

appropriate committees of the Congress."

1991 - Subsec. (b)(2). Pub. L. 102-83, Sec. 4(a)(3), (4), which

directed substitution of "Department" for "Veterans'

Administration", was amended by Pub. L. 103-446, Sec. 1202(b)(2),

to make it inapplicable to this section.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 1202(b) of Pub. L. 103-446 provided that the amendment

made by that section is effective Aug. 6, 1991, and as if included

in the enactment of Pub. L. 102-83.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

38 USC Sec. 7316 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7316. Malpractice and negligence suits: defense by United

States

-STATUTE-

(a)(1) The remedy -

(A) against the United States provided by sections 1346(b) and

2672 of title 28, or

(B) through proceedings for compensation or other benefits from

the United States as provided by any other law, where the

availability of such benefits precludes a remedy under section

1346(b) or 2672 of title 28,

for damages for personal injury, including death, allegedly arising

from malpractice or negligence of a medical care employee of the

Administration in furnishing medical care or treatment while in the

exercise of that employee's duties in or for the Administration

shall be exclusive of any other civil action or proceeding by

reason of the same subject matter against the medical care employee

(or employee's estate) whose act or omission gave rise to such

claim.

(2) For purposes of paragraph (1), the term "medical care

employee of the Administration" means a physician, dentist,

podiatrist, optometrist, nurse, physician assistant,

expanded-function dental auxiliary, pharmacist, or paramedical

(such as medical and dental technicians, nursing assistants, and

therapists), or other supporting personnel.

(b) The Attorney General shall defend any civil action or

proceeding brought in any court against any person referred to in

subsection (a) (or such person's estate) for any such damage or

injury. Any such person against whom such civil action or

proceeding is brought shall deliver within such time after date of

service or knowledge of service as determined by the Attorney

General, all process served upon such person or an attested true

copy thereof to such person's immediate superior or to whomever was

designated by the Secretary to receive such papers and such person

shall promptly furnish copies of the pleading and process therein

to the United States attorney for the district embracing the place

wherein the proceeding is brought, to the Attorney General, and to

the Secretary.

(c) Upon a certification by the Attorney General that the

defendant was acting in the scope of such person's employment in or

for the Administration at the time of the incident out of which the

suit arose, any such civil action or proceeding commenced in a

State court shall be removed without bond at any time before trial

by the Attorney General to the district court of the United States

of the district and division embracing the place wherein it is

pending and the proceeding deemed a tort action brought against the

United States under the provisions of title 28 and all references

thereto. After removal the United States shall have available all

defenses to which it would have been entitled if the action had

originally been commenced against the United States. Should a

United States district court determine on a hearing on a motion to

remand held before a trial on the merits that the employee whose

act or omission gave rise to the suit was not acting within the

scope of such person's office or employment, the case shall be

remanded to the State court.

(d) The Attorney General may compromise or settle any claim

asserted in such civil action or proceeding in the manner provided

in section 2677 of title 28, and with the same effect.

(e) The Secretary may, to the extent the Secretary considers

appropriate, hold harmless or provide liability insurance for any

person to whom the immunity provisions of this section apply (as

described in subsection (a)), for damage for personal injury or

death, or for property damage, negligently caused by such person

while furnishing medical care or treatment (including the conduct

of clinical studies or investigations) in the exercise of such

person's duties in or for the Administration, if such person is

assigned to a foreign country, detailed to State or political

division thereof, or is acting under any other circumstances which

would preclude the remedies of an injured third person against the

United States, provided by sections 1346(b) and 2672 of title 28,

for such damage or injury.

(f) The exception provided in section 2680(h) of title 28 shall

not apply to any claim arising out of a negligent or wrongful act

or omission of any person described in subsection (a) in furnishing

medical care or treatment (including medical care or treatment

furnished in the course of a clinical study or investigation) while

in the exercise of such person's duties in or for the

Administration.

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 219.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 515, 1712 of this title.

-End-

-CITE-

38 USC Sec. 7317 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7317. Hazardous research projects: indemnification of

contractors

-STATUTE-

(a)(1) With the approval of the Secretary, any contract or

research authorized by section 7303 of this title, the performance

of which involves a risk of an unusually hazardous nature, may

provide that the United States will indemnify the contractor as

provided in paragraph (2), but only to the extent that the

liability, loss, or damage concerned arises out of the direct

performance of the contract and to the extent not covered by the

financial protection required under subsection (e).

(2) Indemnity under paragraph (1) is indemnity against either or

both of the following:

(A) Liability (including reasonable expenses of litigation or

settlement) to third persons, except liability under State or

Federal workers' injury compensation laws to employees of the

contractor employed at the site of and in connection with the

contract for which indemnification is granted, for death, bodily

injury, or loss of or damage to property, from a risk that the

contract defines as unusually hazardous.

(B) Loss of or damage to property of the contractor from a risk

that the contract defines as unusually hazardous.

(b) A contract that provides for indemnification in accordance

with subsection (a) must also provide for -

(1) notice to the United States of any claim or suit against

the contractor for death, bodily injury, or loss of or damage to

property; and

(2) control of or assistance in the defense by the United

States, at its election, of any such suit or claim for which

indemnification is provided hereunder.

(c) A payment may not be made under subsection (a) unless the

Secretary certifies that the amount is just and reasonable.

(d) Upon approval by the Secretary, payments under subsection (a)

may be made from -

(1) funds obligated for the performance of the contract

concerned;

(2) funds available for research or development or both, and

not otherwise obligated; or

(3) funds appropriated for those payments.

(e) Each contractor which is a party to an indemnification

agreement under subsection (a) shall have and maintain financial

protection of such type and in such amounts as the Secretary shall

require to cover liability to third persons and loss of or damage

to the contractor's property. The amount of financial protection

required shall be the maximum amount of insurance available from

private sources, except that the Secretary may establish a lesser

amount, taking into consideration the cost and terms of private

insurance. Such financial protection may include private insurance,

private contractual indemnities, self-insurance, other proof of

financial responsibility, or a combination of such measures.

(f) In administering the provisions of this section, the

Secretary may use the facilities and services of private insurance

organizations and may contract to pay a reasonable compensation

therefor. Any contract made under the provisions of this section

may be made without regard to the provisions of section 3709 of the

Revised Statutes (41 U.S.C. 5), upon a showing by the Secretary

that advertising is not reasonably practicable, and advance

payments may be made under any such contract.

(g) The authority to indemnify contractors under this section

does not create any rights in third persons which would not

otherwise exist by law.

(h) Funds appropriated to carry out this section shall remain

available until expended.

(i) In this section, the term "contractor" includes

subcontractors of any tier under a contract containing an

indemnification provision pursuant to subsection (a).

-SOURCE-

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105

Stat. 220.)

-End-

-CITE-

38 USC Sec. 7318 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7318. National Center for Preventive Health

-STATUTE-

(a)(1) The Under Secretary for Health shall establish and operate

in the Veterans Health Administration a National Center for

Preventive Health (hereinafter in this section referred to as the

"Center"). The Center shall be located at a Department health care

facility.

(2) The head of the Center is the Director of Preventive Health

(hereinafter in this section referred to as the "Director").

(3) The Under Secretary for Health shall provide the Center with

such staff and other support as may be necessary for the Center to

carry out effectively its functions under this section.

(b) The purposes of the Center are the following:

(1) To provide a central office for monitoring and encouraging

the activities of the Veterans Health Administration with respect

to the provision, evaluation, and improvement of preventive

health services.

(2) To promote the expansion and improvement of clinical,

research, and educational activities of the Veterans Health

Administration with respect to such services.

(c) In carrying out the purposes of the Center, the Director

shall do the following:

(1) Develop and maintain current information on clinical

activities of the Veterans Health Administration relating to

preventive health services, including activities relating to -

(A) the on-going provision of regularly-furnished services;

and

(B) patient education and screening programs carried out

throughout the Administration.

(2) Develop and maintain detailed current information on

research activities of the Veterans Health Administration

relating to preventive health services.

(3) In order to encourage the effective provision of preventive

health services by Veterans Health Administration personnel -

(A) ensure the dissemination to such personnel of any

appropriate information on such services that is derived from

research carried out by the Administration; and

(B) acquire and ensure the dissemination to such personnel of

any appropriate information on research and clinical practices

relating to such services that are carried out by researchers,

clinicians, and educators who are not affiliated with the

Administration.

(4) Facilitate the optimal use of the unique resources of the

Department for cooperative research into health outcomes by

initiating recommendations, and responding to requests of the

Under Secretary for Health and the Director of the Medical and

Prosthetic Research Service, for such research into preventive

health services.

(5) Provide advisory services to personnel of Department

health-care facilities with respect to the planning or furnishing

of preventive health services by such personnel.

(d) There is authorized to be appropriated $1,500,000 to the

Medical Care General and Special Fund of the Department of Veterans

Affairs for each fiscal year for the purpose of permitting the

National Center for Preventive Health to carry out research,

clinical, educational, and administrative activities under this

section. Such activities shall be considered to be part of the

operation of health-care facilities of the Department without

regard to the location at which such activities are carried out.

(e) In this section, the term "preventive health services" has

the meaning given such term in section 1701(9) of this title.

-SOURCE-

(Added Pub. L. 102-585, title V, Sec. 511(a)(1), Nov. 4, 1992, 106

Stat. 4955; amended Pub. L. 103-446, title XII, Sec. 1201(c)(5),

Nov. 2, 1994, 108 Stat. 4683.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a)(1), (3), (c)(4). Pub. L. 103-446 substituted

"Under Secretary for Health" for "Chief Medical Director".

SELECTION OF FACILITY AT WHICH CENTER TO BE ESTABLISHED

Section 511(c) of Pub. L. 102-585, as amended by Pub. L. 103-446,

title XII, Sec. 1202(e)(2), Nov. 2, 1994, 108 Stat. 4689, provided

that: "In order to establish the National Center for Preventive

Health pursuant to section 7318 of title 38, United States Code, as

added by subsection (a), the Under Secretary for Health of the

Department of Veterans Affairs shall solicit proposals from

Department health care facilities to establish the center. The

Under Secretary for Health shall establish such center at the

facility or facilities which the Under Secretary for Health

determines, on the basis of a review and analysis of such

proposals, would most effectively carry out the purposes set forth

in subsection (b) of such section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1704 of this title.

-End-

-CITE-

38 USC Sec. 7319 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7319. Mammography quality standards

-STATUTE-

(a) A mammogram may not be performed at a Department facility

unless that facility is accredited for that purpose by a private

nonprofit organization designated by the Secretary. An organization

designated by the Secretary under this subsection shall meet the

standards for accrediting bodies established under subsection (e)

of section 354 of the Public Health Service Act (42 U.S.C. 263b).

(b) The Secretary, in consultation with the Secretary of Health

and Human Services, shall prescribe quality assurance and quality

control standards relating to the performance and interpretation of

mammograms and use of mammogram equipment and facilities of the

Department of Veterans Affairs consistent with the requirements of

section 354(f)(1) of the Public Health Service Act. Such standards

shall be no less stringent than the standards prescribed by the

Secretary of Health and Human Services under section 354(f) of the

Public Health Service Act.

(c)(1) The Secretary, to ensure compliance with the standards

prescribed under subsection (b), shall provide for an annual

inspection of the equipment and facilities used by and in

Department health care facilities for the performance of

mammograms. Such inspections shall be carried out in a manner

consistent with the inspection of certified facilities by the

Secretary of Health and Human Services under section 354(g) of the

Public Health Service Act.

(2) The Secretary may not provide for an inspection under

paragraph (1) to be performed by a State agency.

(d) The Secretary shall ensure that mammograms performed for the

Department under contract with any non-Department facility or

provider conform to the quality standards prescribed by the

Secretary of Health and Human Services under section 354 of the

Public Health Service Act.

(e) For the purposes of this section, the term "mammogram" has

the meaning given such term in paragraph (5) of section 354(a) of

the Public Health Service Act.

-SOURCE-

(Added Pub. L. 104-262, title III, Sec. 321(a)(1), Oct. 9, 1996,

110 Stat. 3195.)

-REFTEXT-

REFERENCES IN TEXT

Section 354 of the Public Health Service Act, referred to in

text, is section 354 of act July 1, 1944, ch. 373, which is

classified to section 263b of Title 42, The Public Health and

Welfare.

-MISC1-

DEADLINE FOR PRESCRIBING STANDARDS

Section 321(b) of Pub. L. 104-262 provided that: "The Secretary

of Veterans Affairs shall prescribe standards under subsection (b)

of section 7319 of title 38, United States Code, as added by

subsection (a), not later than the end of the 120-day period

beginning on the date of the enactment of this Act [Oct. 9, 1996]."

IMPLEMENTATION REPORT

Section 321(c) of Pub. L. 104-262 provided that: "The Secretary

shall submit to the Committees on Veterans' Affairs of the Senate

and House of Representatives a report on the Secretary's

implementation of section 7319 of title 38, United States Code, as

added by subsection (a). The report shall be submitted not later

than 120 days after the date of the enactment of this Act [Oct. 9,

1996]."

-End-

-CITE-

38 USC Sec. 7320 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7320. Centers for mental illness research, education, and

clinical activities

-STATUTE-

(a) The purpose of this section is to provide for the improvement

of the provision of health-care services and related counseling

services to eligible veterans suffering from mental illness

(especially mental illness related to service-related conditions)

through -

(1) the conduct of research (including research on improving

mental health service facilities of the Department and on

improving the delivery of mental health services by the

Department);

(2) the education and training of health care personnel of the

Department; and

(3) the development of improved models and systems for the

furnishing of mental health services by the Department.

(b)(1) The Secretary shall establish and operate centers for

mental illness research, education, and clinical activities. Such

centers shall be established and operated by collaborating

Department facilities as provided in subsection (c)(1). Each such

center shall function as a center for -

(A) research on mental health services;

(B) the use by the Department of specific models for furnishing

services to treat serious mental illness;

(C) education and training of health-care professionals of the

Department; and

(D) the development and implementation of innovative clinical

activities and systems of care with respect to the delivery of

such services by the Department.

(2) The Secretary shall, upon the recommendation of the Under

Secretary for Health, designate the centers under this section. In

making such designations, the Secretary shall ensure that the

centers designated are located in various geographic regions of the

United States. The Secretary may designate a center under this

section only if -

(A) the proposal submitted for the designation of the center

meets the requirements of subsection (c);

(B) the Secretary makes the finding described in subsection

(d); and

(C) the peer review panel established under subsection (e)

makes the determination specified in subsection (e)(3) with

respect to that proposal.

(3) Not more than five centers may be designated under this

section.

(4) The authority of the Secretary to establish and operate

centers under this section is subject to the appropriation of funds

for that purpose.

(c) A proposal submitted for the designation of a center under

this section shall -

(1) provide for close collaboration in the establishment and

operation of the center, and for the provision of care and the

conduct of research and education at the center, by a Department

facility or facilities in the same geographic area which have a

mission centered on care of the mentally ill and a Department

facility in that area which has a mission of providing tertiary

medical care;

(2) provide that no less than 50 percent of the funds

appropriated for the center for support of clinical care,

research, and education will be provided to the collaborating

facility or facilities that have a mission centered on care of

the mentally ill; and

(3) provide for a governance arrangement between the

collaborating Department facilities which ensures that the center

will be established and operated in a manner aimed at improving

the quality of mental health care at the collaborating facility

or facilities which have a mission centered on care of the

mentally ill.

(d) The finding referred to in subsection (b)(2)(B) with respect

to a proposal for designation of a site as a location of a center

under this section is a finding by the Secretary, upon the

recommendation of the Under Secretary for Health, that the

facilities submitting the proposal have developed (or may

reasonably be anticipated to develop) each of the following:

(1) An arrangement with an accredited medical school that

provides education and training in psychiatry and with which one

or more of the participating Department facilities is affiliated

under which medical residents receive education and training in

psychiatry through regular rotation through the participating

Department facilities so as to provide such residents with

training in the diagnosis and treatment of mental illness.

(2) An arrangement with an accredited graduate program of

psychology under which students receive education and training in

clinical, counseling, or professional psychology through regular

rotation through the participating Department facilities so as to

provide such students with training in the diagnosis and

treatment of mental illness.

(3) An arrangement under which nursing, social work,

counseling, or allied health personnel receive training and

education in mental health care through regular rotation through

the participating Department facilities.

(4) The ability to attract scientists who have demonstrated

achievement in research -

(A) into the evaluation of innovative approaches to the

design of mental health services; or

(B) into the causes, prevention, and treatment of mental

illness.

(5) The capability to evaluate effectively the activities of

the center, including activities relating to the evaluation of

specific efforts to improve the quality and effectiveness of

mental health services provided by the Department at or through

individual facilities.

(e)(1) In order to provide advice to assist the Secretary and the

Under Secretary for Health to carry out their responsibilities

under this section, the official within the central office of the

Veterans Health Administration responsible for mental health and

behavioral sciences matters shall establish a peer review panel to

assess the scientific and clinical merit of proposals that are

submitted to the Secretary for the designation of centers under

this section.

(2) The panel shall consist of experts in the fields of mental

health research, education and training, and clinical care. Members

of the panel shall serve as consultants to the Department.

(3) The panel shall review each proposal submitted to the panel

by the official referred to in paragraph (1) and shall submit to

that official its views on the relative scientific and clinical

merit of each such proposal. The panel shall specifically determine

with respect to each such proposal whether that proposal is among

those proposals which have met the highest competitive standards of

scientific and clinical merit.

(4) The panel shall not be subject to the Federal Advisory

Committee Act (5 U.S.C. App.).

(f) Clinical and scientific investigation activities at each

center established under this section -

(1) may compete for the award of funding from amounts

appropriated for the Department of Veterans Affairs medical and

prosthetics research account; and

(2) shall receive priority in the award of funding from such

account insofar as funds are awarded to projects and activities

relating to mental illness.

(g) The Under Secretary for Health shall ensure that at least

three centers designated under this section emphasize research into

means of improving the quality of care for veterans suffering from

mental illness through the development of community-based

alternatives to institutional treatment for such illness.

(h) The Under Secretary for Health shall ensure that information

produced by the research, education and training, and clinical

activities of centers established under this section that may be

useful for other activities of the Veterans Health Administration

is disseminated throughout the Veterans Health Administration. Such

dissemination shall be made through publications, through programs

of continuing medical and related education provided through

regional medical education centers under subchapter VI of chapter

74 of this title, and through other means. Such programs of

continuing medical education shall receive priority in the award of

funding.

(i) The official within the central office of the Veterans Health

Administration responsible for mental health and behavioral

sciences matters shall be responsible for supervising the operation

of the centers established pursuant to this section and shall

provide for ongoing evaluation of the centers and their compliance

with the requirements of this section.

(j)(1) There are authorized to be appropriated to the Department

of Veterans Affairs for the basic support of the research and

education and training activities of centers established pursuant

to this section amounts as follows:

(A) $3,125,000 for fiscal year 1998.

(B) $6,250,000 for each of fiscal years 1999 through 2001.

(2) In addition to funds appropriated for a fiscal year pursuant

to the authorization of appropriations in paragraph (1), the Under

Secretary for Health shall allocate to such centers from other

funds appropriated for that fiscal year generally for the

Department of Veterans Affairs medical care account and the

Department of Veterans Affairs medical and prosthetics research

account such amounts as the Under Secretary for Health determines

appropriate to carry out the purposes of this section.

-SOURCE-

(Added Pub. L. 104-262, title III, Sec. 334(a)(1), Oct. 9, 1996,

110 Stat. 3200.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(e)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

ANNUAL REPORTS ON AND DESIGNATION OF CENTERS

Section 334(b), (c) of Pub. L. 104-262 provided that:

"(b) Annual Reports. - Not later than February 1 of each of 1999,

2000, 2001, and 2002, the Secretary of Veterans Affairs shall

submit to the Committees on Veterans' Affairs of the Senate and

House of Representatives a report on the status and activities

during the previous fiscal year of the centers for mental illness

research, education, and clinical activities established pursuant

to section 7320 of title 38, United States Code (as added by

subsection (a)). Each such report shall include the following:

"(1) A description of the activities carried out at each center

and the funding provided for such activities.

"(2) A description of the advances made at each of the

participating facilities of the center in research, education and

training, and clinical activities relating to mental illness in

veterans.

"(3) A description of the actions taken by the Under Secretary

for Health pursuant to subsection (h) of that section (as so

added) to disseminate information derived from such activities

throughout the Veterans Health Administration.

"(4) The Secretary's evaluations of the effectiveness of the

centers in fulfilling the purposes of the centers.

"(c) Implementation. - The Secretary of Veterans Affairs shall

designate at least one center under section 7320 of title 38,

United States Code, not later than January 1, 1998."

-End-

-CITE-

38 USC Sec. 7321 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7321. Committee on Care of Severely Chronically Mentally Ill

Veterans

-STATUTE-

(a) The Secretary, acting through the Under Secretary for Health,

shall establish in the Veterans Health Administration a Committee

on Care of Severely Chronically Mentally Ill Veterans. The Under

Secretary shall appoint employees of the Department with expertise

in the care of the chronically mentally ill to serve on the

committee.

(b) The committee shall assess, and carry out a continuing

assessment of, the capability of the Veterans Health Administration

to meet effectively the treatment and rehabilitation needs of

mentally ill veterans whose mental illness is severe and chronic

and who are eligible for health care furnished by the Department,

including the needs of such veterans who are women. In carrying out

that responsibility, the committee shall -

(1) evaluate the care provided to such veterans through the

Veterans Health Administration;

(2) identify systemwide problems in caring for such veterans in

facilities of the Veterans Health Administration;

(3) identify specific facilities within the Veterans Health

Administration at which program enrichment is needed to improve

treatment and rehabilitation of such veterans; and

(4) identify model programs which the committee considers to

have been successful in the treatment and rehabilitation of such

veterans and which should be implemented more widely in or

through facilities of the Veterans Health Administration.

(c) The committee shall -

(1) advise the Under Secretary regarding the development of

policies for the care and rehabilitation of severely chronically

mentally ill veterans; and

(2) make recommendations to the Under Secretary -

(A) for improving programs of care of such veterans at

specific facilities and throughout the Veterans Health

Administration;

(B) for establishing special programs of education and

training relevant to the care of such veterans for employees of

the Veterans Health Administration;

(C) regarding research needs and priorities relevant to the

care of such veterans; and

(D) regarding the appropriate allocation of resources for all

such activities.

(d)(1) Not later than April 1, 1997, the Secretary shall submit

to the Committees on Veterans' Affairs of the Senate and House of

Representatives a report on the implementation of this section. The

report shall include the following:

(A) A list of the members of the committee.

(B) The assessment of the Under Secretary for Health, after

review of the initial findings of the committee, regarding the

capability of the Veterans Health Administration, on a systemwide

and facility-by-facility basis, to meet effectively the treatment

and rehabilitation needs of severely chronically mentally ill

veterans who are eligible for Department care.

(C) The plans of the committee for further assessments.

(D) The findings and recommendations made by the committee to

the Under Secretary for Health and the views of the Under

Secretary on such findings and recommendations.

(E) A description of the steps taken, plans made (and a

timetable for their execution), and resources to be applied

toward improving the capability of the Veterans Health

Administration to meet effectively the treatment and

rehabilitation needs of severely chronically mentally ill

veterans who are eligible for Department care.

(2) Not later than February 1, 1998, and February 1 of each of

the six following years, the Secretary shall submit to the

Committees on Veterans' Affairs of the Senate and House of

Representatives a report containing information updating the

reports submitted under this subsection before the submission of

such report.

-SOURCE-

(Added Pub. L. 104-262, title III, Sec. 335(a), Oct. 9, 1996, 110

Stat. 3204; amended Pub. L. 106-419, title IV, Sec. 402(f), Nov. 1,

2000, 114 Stat. 1863.)

-MISC1-

AMENDMENTS

2000 - Subsec. (d)(2). Pub. L. 106-419, substituted "six

following years" for "three following years".

-End-

-CITE-

38 USC Sec. 7322 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7322. Breast cancer mammography policy

-STATUTE-

(a) The Under Secretary for Health shall develop a national

policy for the Veterans Health Administration on mammography

screening for veterans.

(b) The policy developed under subsection (a) shall -

(1) specify standards of mammography screening;

(2) provide recommendations with respect to screening, and the

frequency of screening, for -

(A) women veterans who are over the age of 39; and

(B) veterans, without regard to age, who have clinical

symptoms, risk factors, or family history of breast cancer; and

(3) provide for clinician discretion.

-SOURCE-

(Added Pub. L. 105-114, title II, Sec. 208(a)(1), Nov. 21, 1997,

111 Stat. 2289.)

-MISC1-

EFFECTIVE DATE

Section 208(b) of Pub. L. 105-114 provided that: "The Secretary

of Veterans Affairs shall develop the national policy on

mammography screening required by section 7322 of title 38, United

States Code, as added by subsection (a), and shall furnish such

policy in a report to the Committees on Veterans' Affairs of the

Senate and House of Representatives, not later than 60 days after

the date of the enactment of this Act [Nov. 21, 1997]. Such policy

shall not take effect before the expiration of 30 days after the

date of its submission to those committees."

SENSE OF CONGRESS

Section 208(c) of Pub. L. 105-114 provided that: "It is the sense

of Congress that the policy developed under section 7322 of title

38, United States Code, as added by subsection (a), shall be in

accordance with the guidelines endorsed by the Secretary of Health

and Human Services and the Director of the National Institutes of

Health."

-End-

-CITE-

38 USC Sec. 7323 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7323. Required consultations with nurses

-STATUTE-

The Under Secretary for Health shall ensure that -

(1) the director of a geographic service area, in formulating

policy relating to the provision of patient care, shall consult

regularly with a senior nurse executive or senior nurse

executives; and

(2) the director of a medical center shall include a registered

nurse as a member of any committee used at that medical center to

provide recommendations or decisions on medical center operations

or policy affecting clinical services, clinical outcomes, budget,

or resources.

-SOURCE-

(Added Pub. L. 106-419, title II, Sec. 201(b)(1), Nov. 1, 2000, 114

Stat. 1840.)

-End-

-CITE-

38 USC Sec. 7324 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7324. Annual report on use of authorities to enhance retention

of experienced nurses

-STATUTE-

(a) Annual Report. - Not later than January 31 each year, the

Secretary, acting through the Under Secretary for Health, shall

submit to Congress a report on the use during the preceding year of

authorities for purposes of retaining experienced nurses in the

Veterans Health Administration, as follows:

(1) The authorities under chapter 76 of this title.

(2) The authority under VA Directive 5102.1, relating to the

Department of Veterans Affairs nurse qualification standard,

dated November 10, 1999, or any successor directive.

(3) Any other authorities available to the Secretary for those

purposes.

(b) Report Elements. - Each report under subsection (a) shall

specify for the period covered by such report, for each Department

medical facility and for each geographic service area of the

Department, the following:

(1) The number of waivers requested under the authority

referred to in subsection (a)(2), and the number of waivers

granted under that authority, to promote to the Nurse II grade or

Nurse III grade under the Nurse Schedule under section 7404(b)(1)

of this title any nurse who has not completed a baccalaureate

degree in nursing in a recognized school of nursing, set forth by

age, race, and years of experience of the individuals subject to

such waiver requests and waivers, as the case may be.

(2) The programs carried out to facilitate the use of nursing

education programs by experienced nurses, including programs for

flexible scheduling, scholarships, salary replacement pay, and

on-site classes.

-SOURCE-

(Added Pub. L. 107-135, title I, Sec. 125(a)(1), Jan. 23, 2002, 115

Stat. 2452.)

-MISC1-

INITIAL REPORT

Pub. L. 107-135, title I, Sec. 125(b), Jan. 23, 2002, 115 Stat.

2453, provided that: "The initial report required under section

7324 of title 38, United States Code, as added by subsection (a),

shall be submitted to the National Commission on VA Nursing

established under subtitle D [set out as a note under section 7451

of this title] as well as to Congress."

-End-

-CITE-

38 USC Sec. 7325 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7325. Medical emergency preparedness centers

-STATUTE-

(a) Establishment of Centers. - (1) The Secretary shall establish

four medical emergency preparedness centers in accordance with this

section. Each such center shall be established at a Department

medical center and shall be staffed by Department employees.

(2) The Under Secretary for Health shall be responsible for

supervising the operation of the centers established under this

section. The Under Secretary shall provide for ongoing evaluation

of the centers and their compliance with the requirements of this

section.

(3) The Under Secretary shall carry out the Under Secretary's

functions under paragraph (2) in consultation with the Assistant

Secretary of Veterans Affairs with responsibility for operations,

preparedness, security, and law enforcement functions.

(b) Mission. - The mission of the centers shall be as follows:

(1) To carry out research on, and to develop methods of

detection, diagnosis, prevention, and treatment of injuries,

diseases, and illnesses arising from the use of chemical,

biological, radiological, incendiary or other explosive weapons

or devices posing threats to the public health and safety.

(2) To provide education, training, and advice to health care

professionals, including health care professionals outside the

Veterans Health Administration, through the National Disaster

Medical System established pursuant to section 2811(b) of the

Public Health Service Act (42 U.S.C. 300hh-11(b)) or through

interagency agreements entered into by the Secretary for that

purpose.

(3) In the event of a disaster or emergency referred to in

section 1785(b) of this title, to provide such laboratory,

epidemiological, medical, or other assistance as the Secretary

considers appropriate to Federal, State, and local health care

agencies and personnel involved in or responding to the disaster

or emergency.

(c) Selection of Centers. - (1) The Secretary shall select the

sites for the centers on the basis of a competitive selection

process. The Secretary may not designate a site as a location for a

center under this section unless the Secretary makes a finding

under paragraph (2) with respect to the proposal for the

designation of such site. To the maximum extent practicable, the

Secretary shall ensure the geographic dispersal of the sites

throughout the United States. Any such center may be a consortium

of efforts of more than one medical center.

(2) A finding by the Secretary referred to in paragraph (1) with

respect to a proposal for designation of a site as a location of a

center under this section is a finding by the Secretary, upon the

recommendations of the Under Secretary for Health and the Assistant

Secretary with responsibility for operations, preparedness,

security, and law enforcement functions, that the facility or

facilities submitting the proposal have developed (or may

reasonably be anticipated to develop) each of the following:

(A) An arrangement with a qualifying medical school and a

qualifying school of public health (or a consortium of such

schools) under which physicians and other persons in the health

field receive education and training through the participating

Department medical facilities so as to provide those persons with

training in the detection, diagnosis, prevention, and treatment

of injuries, diseases, and illnesses induced by exposures to

chemical and biological substances, radiation, and incendiary or

other explosive weapons or devices.

(B) An arrangement with a graduate school specializing in

epidemiology under which students receive education and training

in epidemiology through the participating Department facilities

so as to provide such students with training in the epidemiology

of contagious and infectious diseases and chemical and radiation

poisoning in an exposed population.

(C) An arrangement under which nursing, social work,

counseling, or allied health personnel and students receive

training and education in recognizing and caring for conditions

associated with exposures to toxins through the participating

Department facilities.

(D) The ability to attract scientists who have made significant

contributions to the development of innovative approaches to the

detection, diagnosis, prevention, or treatment of injuries,

diseases, and illnesses arising from the use of chemical,

biological, radiological, incendiary or other explosive weapons

or devices posing threats to the public health and safety.

(3) For purposes of paragraph (2)(A) -

(A) a qualifying medical school is an accredited medical school

that provides education and training in toxicology and

environmental health hazards and with which one or more of the

participating Department medical centers is affiliated; and

(B) a qualifying school of public health is an accredited

school of public health that provides education and training in

toxicology and environmental health hazards and with which one or

more of the participating Department medical centers is

affiliated.

(d) Research Activities. - Each center shall conduct research on

improved medical preparedness to protect the Nation from threats in

the area of that center's expertise. Each center may seek research

funds from public and private sources for such purpose.

(e) Dissemination of Research Products. - (1) The Under Secretary

for Health and the Assistant Secretary with responsibility for

operations, preparedness, security, and law enforcement functions

shall ensure that information produced by the research, education

and training, and clinical activities of centers established under

this section is made available, as appropriate, to health-care

providers in the United States. Dissemination of such information

shall be made through publications, through programs of continuing

medical and related education provided through regional medical

education centers under subchapter VI of chapter 74 of this title,

and through other means. Such programs of continuing medical

education shall receive priority in the award of funding.

(2) The Secretary shall ensure that the work of the centers is

conducted in close coordination with other Federal departments and

agencies and that research products or other information of the

centers shall be coordinated and shared with other Federal

departments and agencies.

(f) Coordination of Activities. - The Secretary shall take

appropriate actions to ensure that the work of each center is

carried out -

(1) in close coordination with the Department of Defense, the

Department of Health and Human Services, and other departments,

agencies, and elements of the Government charged with

coordination of plans for United States homeland security; and

(2) after taking into consideration applicable recommendations

of the working group on the prevention, preparedness, and

response to bioterrorism and other public health emergencies

established under section 319F(a) of the Public Health Service

Act (42 U.S.C. 247d-6(a)) or any other joint interagency advisory

group or committee designated by the President or the President's

designee to coordinate Federal research on weapons of mass

destruction.

(g) Assistance to Other Agencies. - The Secretary may provide

assistance requested by appropriate Federal, State, and local civil

and criminal authorities in investigations, inquiries, and data

analyses as necessary to protect the public safety and prevent or

obviate biological, chemical, or radiological threats.

(h) Detail of Employees From Other Agencies. - Upon approval by

the Secretary, the Director of a center may request the temporary

assignment or detail to the center, on a nonreimbursable basis, of

employees from other departments and agencies of the United States

who have expertise that would further the mission of the center.

Any such employee may be so assigned or detailed on a

nonreimbursable basis pursuant to such a request.

(i) Funding. - (1) Amounts appropriated for the activities of the

centers under this section shall be appropriated separately from

amounts appropriated for the Department for medical care.

(2) In addition to funds appropriated for a fiscal year

specifically for the activities of the centers pursuant to

paragraph (1), the Under Secretary for Health shall allocate to

such centers from other funds appropriated for that fiscal year

generally for the Department medical care account and the

Department medical and prosthetics research account such amounts as

the Under Secretary determines appropriate to carry out the

purposes of this section. Any determination by the Under Secretary

under the preceding sentence shall be made in consultation with the

Assistant Secretary with responsibility for operations,

preparedness, security, and law enforcement functions.

(3) There are authorized to be appropriated for the centers under

this section $20,000,000 for each of fiscal years 2003 through

2007.

-SOURCE-

(Added Pub. L. 107-287, Sec. 2(a)(1), Nov. 7, 2002, 116 Stat.

2024.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the National Disaster Medical System of the Department of Health

and Human Services, including the functions of the Secretary of

Health and Human Services and the Assistant Secretary for Public

Health Emergency Preparedness relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 313(5), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC1-

PEER REVIEW FOR DESIGNATION OF CENTERS

Pub. L. 107-287, Sec. 2(b), Nov. 7, 2002, 116 Stat. 2027,

provided that:

"(1) In order to assist the Secretary of Veterans Affairs and the

Under Secretary of Veterans Affairs for Health in selecting sites

for centers under section 7325 of title 38, United States Code, as

added by subsection (a), the Under Secretary shall establish a peer

review panel to assess the scientific and clinical merit of

proposals that are submitted to the Secretary for the designation

of such centers. The peer review panel shall be established in

consultation with the Assistant Secretary of Veterans Affairs with

responsibility for operations, preparedness, security, and law

enforcement functions.

"(2) The peer review panel shall include experts in the fields of

toxicological research, infectious diseases, radiology, clinical

care of patients exposed to such hazards, and other persons as

determined appropriate by the Secretary. Members of the panel shall

serve as consultants to the Department of Veterans Affairs.

"(3) The panel shall review each proposal submitted to the panel

by the officials referred to in paragraph (1) and shall submit to

the Under Secretary for Health its views on the relative scientific

and clinical merit of each such proposal. The panel shall

specifically determine with respect to each such proposal whether

that proposal is among those proposals which have met the highest

competitive standards of scientific and clinical merit.

"(4) The panel shall not be subject to the Federal Advisory

Committee Act (5 U.S.C. App.)."

-End-

-CITE-

38 USC Sec. 7326 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-

Sec. 7326. Education and training programs on medical response to

consequences of terrorist activities

-STATUTE-

(a) Education Program. - The Secretary shall carry out a program

to develop and disseminate a series of model education and training

programs on the medical responses to the consequences of terrorist

activities.

(b) Implementing Official. - The program shall be carried out

through the Under Secretary for Health, in consultation with the

Assistant Secretary of Veterans Affairs with responsibility for

operations, preparedness, security, and law enforcement functions.

(c) Content of Programs. - The education and training programs

developed under the program shall be modelled after programs

established at the F. Edward Hebe&233;rt School of Medicine of the

Uniformed Services University of the Health Sciences and shall

include, at a minimum, training for health care professionals in

the following:

(1) Recognition of chemical, biological, radiological,

incendiary, or other explosive agents, weapons, or devices that

may be used in terrorist activities.

(2) Identification of the potential symptoms of exposure to

those agents.

(3) Understanding of the potential long-term health

consequences, including psychological effects, resulting from

exposure to those agents, weapons, or devices.

(4) Emergency treatment for exposure to those agents, weapons,

or devices.

(5) An appropriate course of followup treatment, supportive

care, and referral.

(6) Actions that can be taken while providing care for exposure

to those agents, weapons, or devices to protect against

contamination, injury, or other hazards from such exposure.

(7) Information on how to seek consultative support and to

report suspected or actual use of those agents.

(d) Potential Trainees. - In designing the education and training

programs under this section, the Secretary shall ensure that

different programs are designed for health-care professionals in

Department medical centers. The programs shall be designed to be

disseminated to health professions students, graduate health and

medical education trainees, and health practitioners in a variety

of fields.

(e) Consultation. - In establishing education and training

programs under this section, the Secretary shall consult with

appropriate representatives of accrediting, certifying, and

coordinating organizations in the field of health professions

education.

-SOURCE-

(Added Pub. L. 107-287, Sec. 3(a)(1), Nov. 7, 2002, 116 Stat.

2027.)

-MISC1-

IMPLEMENTATION

Pub. L. 107-287, Sec. 3(b), Nov. 7, 2002, 116 Stat. 2028,

provided that: "The Secretary of Veterans Affairs shall implement

section 7326 of title 38, United States Code, as added by

subsection (a), not later than the end of the 90-day period

beginning on the date of the enactment of this Act [Nov. 7, 2002]."

-End-

-CITE-

38 USC SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-

SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-End-

-CITE-

38 USC Sec. 7331 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-

Sec. 7331. Informed consent

-STATUTE-

The Secretary, upon the recommendation of the Under Secretary for

Health and pursuant to the provisions of section 7334 of this

title, shall prescribe regulations establishing procedures to

ensure that all medical and prosthetic research carried out and, to

the maximum extent practicable, all patient care furnished under

this title shall be carried out only with the full and informed

consent of the patient or subject or, in appropriate cases, a

representative thereof.

-SOURCE-

(Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90

Stat. 2849, Sec. 4131; renumbered Sec. 7331 and amended Pub. L.

102-40, title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), May 7,

1991, 105 Stat. 221, 239; Pub. L. 102-405, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-405 substituted "Under Secretary for Health"

for "Chief Medical Director".

1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4131

of this title as this section.

Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for

"Administrator".

Pub. L. 102-40, Sec. 402(d)(1), substituted "7334" for "4134".

EFFECTIVE DATE

Subchapter effective Oct. 21, 1976, see section 211 of Pub. L.

94-581, set out as an Effective Date of 1976 Amendment note under

section 111 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7334 of this title.

-End-

-CITE-

38 USC Sec. 7332 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-

Sec. 7332. Confidentiality of certain medical records

-STATUTE-

(a)(1) Records of the identity, diagnosis, prognosis, or

treatment of any patient or subject which are maintained in

connection with the performance of any program or activity

(including education, training, treatment, rehabilitation, or

research) relating to drug abuse, alcoholism or alcohol abuse,

infection with the human immunodeficiency virus, or sickle cell

anemia which is carried out by or for the Department under this

title shall, except as provided in subsections (e) and (f), be

confidential, and (section 5701 of this title to the contrary

notwithstanding) such records may be disclosed only for the

purposes and under the circumstances expressly authorized under

subsection (b).

(2) Paragraph (1) prohibits the disclosure to any person or

entity other than the patient or subject concerned of the fact that

a special written consent is required in order for such records to

be disclosed.

(b)(1) The content of any record referred to in subsection (a)

may be disclosed by the Secretary in accordance with the prior

written consent of the patient or subject with respect to whom such

record is maintained, but only to such extent, under such

circumstances, and for such purposes as may be allowed in

regulations prescribed by the Secretary.

(2) Whether or not any patient or subject, with respect to whom

any given record referred to in subsection (a) is maintained, gives

written consent, the content of such record may be disclosed by the

Secretary as follows:

(A) To medical personnel to the extent necessary to meet a bona

fide medical emergency.

(B) To qualified personnel for the purpose of conducting

scientific research, management audits, financial audits, or

program evaluation, but such personnel may not identify, directly

or indirectly, any individual patient or subject in any report of

such research, audit, or evaluation, or otherwise disclose

patient or subject identities in any manner.

(C)(i) In the case of any record which is maintained in

connection with the performance of any program or activity

relating to infection with the human immunodeficiency virus, to a

Federal, State, or local public-health authority charged under

Federal or State law with the protection of the public health,

and to which Federal or State law requires disclosure of such

record, if a qualified representative of such authority has made

a written request that such record be provided as required

pursuant to such law for a purpose authorized by such law.

(ii) A person to whom a record is disclosed under this

paragraph may not redisclose or use such record for a purpose

other than that for which the disclosure was made.

(D) If authorized by an appropriate order of a court of

competent jurisdiction granted after application showing good

cause therefor. In assessing good cause the court shall weigh the

public interest and the need for disclosure against the injury to

the patient or subject, to the physician-patient relationship,

and to the treatment services. Upon the granting of such order,

the court, in determining the extent to which any disclosure of

all or any part of any record is necessary, shall impose

appropriate safeguards against unauthorized disclosure.

(3) In the event that the patient or subject who is the subject

of any record referred to in subsection (a) is deceased, the

content of any such record may be disclosed by the Secretary only

upon the prior written request of the next of kin, executor,

administrator, or other personal representative of such patient or

subject and only if the Secretary determines that such disclosure

is necessary for such survivor to obtain benefits to which such

survivor may be entitled, including the pursuit of legal action,

but then only to the extent, under such circumstances, and for such

purposes as may be allowed in regulations prescribed pursuant to

section 7334 of this title.

(c) Except as authorized by a court order granted under

subsection (b)(2)(D), no record referred to in subsection (a) may

be used to initiate or substantiate any criminal charges against,

or to conduct any investigation of, a patient or subject.

(d) The prohibitions of this section shall continue to apply to

records concerning any person who has been a patient or subject,

irrespective of whether or when such person ceases to be a patient.

(e) The prohibitions of this section shall not prevent any

interchange of records -

(1) within and among those components of the Department

furnishing health care to veterans, or determining eligibility

for benefits under this title; or

(2) between such components furnishing health care to veterans

and the Armed Forces.

(f)(1) Notwithstanding subsection (a) but subject to paragraph

(2), a physician or a professional counselor may disclose

information or records indicating that a patient or subject is

infected with the human immunodeficiency virus if the disclosure is

made to (A) the spouse of the patient or subject, or (B) to an

individual whom the patient or subject has, during the process of

professional counseling or of testing to determine whether the

patient or subject is infected with such virus, identified as being

a sexual partner of such patient or subject.

(2)(A) A disclosure under paragraph (1) may be made only if the

physician or counselor, after making reasonable efforts to counsel

and encourage the patient or subject to provide the information to

the spouse or sexual partner, reasonably believes that the patient

or subject will not provide the information to the spouse or sexual

partner and that the disclosure is necessary to protect the health

of the spouse or sexual partner.

(B) A disclosure under such paragraph may be made by a physician

or counselor other than the physician or counselor referred to in

subparagraph (A) if such physician or counselor is unavailable by

reason of absence or termination of employment to make the

disclosure.

(g) Any person who violates any provision of this section or any

regulation issued pursuant to this section shall be fined, in the

case of a first offense, up to the maximum amount provided under

section 5701(f) of this title for a first offense under that

section and, in the case of a subsequent offense, up to the maximum

amount provided under section 5701(f) of this title for a

subsequent offense under that section.

-SOURCE-

(Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90

Stat. 2849, Sec. 4132; amended Pub. L. 100-322, title I, Sec. 121,

May 20, 1988, 102 Stat. 502; renumbered Sec. 7332 and amended Pub.

L. 102-40, title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), (2),

(4), (5), May 7, 1991, 105 Stat. 221, 239.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4132

of this title as this section.

Subsec. (a)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this section" after "subsections (e) and (f)" and after "subsection

(b)".

Pub. L. 102-40, Sec. 403(a)(2), substituted "Department" for

"Veterans' Administration".

Pub. L. 102-40, Sec. 402(d)(1), substituted "5701" for "3301".

Subsec. (a)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this subsection" after "Paragraph (1)".

Subsec. (b)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this section" after "subsection (a)".

Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for

"Administrator" in two places.

Subsec. (b)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this section" after "subsection (a)" in introductory provisions.

Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for

"Administrator" in introductory provisions.

Subsec. (b)(3). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this section" after "subsection (a)".

Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for

"Administrator" in two places.

Pub. L. 102-40, Sec. 402(d)(1), substituted "7334" for "4134".

Subsec. (c). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this

section" after "subsection (b)(2)(D)" and after "subsection (a)".

Subsec. (e)(1). Pub. L. 102-40, Sec. 403(a)(2), substituted

"Department" for "Veterans' Administration".

Subsec. (f)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this section" after "subsection (a)" and "of this subsection" after

"paragraph (2)".

Subsec. (f)(2)(A). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this subsection" after "paragraph (1)".

Subsec. (f)(2)(B). Pub. L. 102-40, Sec. 403(a)(5), struck out "of

this paragraph" after "subparagraph (A)".

Subsec. (g). Pub. L. 102-40, Sec. 402(d)(1), substituted

"5701(f)" for "3301(f)" in two places.

1988 - Subsec. (a). Pub. L. 100-322, Sec. 121(a), (e)(1),

designated existing provisions as par. (1), inserted "infection

with the human immunodeficiency virus," after "alcohol abuse,",

substituted "subsections (e) and (f)" for "subsection (e)", and

added par. (2).

Subsec. (b)(1). Pub. L. 100-322, Sec. 121(b)(1), struck out

"pursuant to section 4134 of this title" before period at end.

Subsec. (b)(2)(C), (D). Pub. L. 100-322, Sec. 121(b)(2), added

subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (c). Pub. L. 100-322, Sec. 121(e)(2), substituted

"subsection (b)(2)(D)" for "subsection (b)(2)(C)".

Subsec. (f). Pub. L. 100-322, Sec. 121(c)(2), added subsec. (f).

Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 100-322, Sec. 121(c)(1), (d), redesignated

subsec. (f) as (g) and substituted "shall be fined, in the case of

a first offense, up to the maximum amount provided under section

3301(f) of this title for a first offense under that section and,

in the case of a subsequent offense, up to the maximum amount

provided under section 3301(f) of this title for a subsequent

offense under that section." for "shall be fined not more than $500

in the case of a first offense, and not more than $5,000 in the

case of each subsequent offense".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1729, 1753, 7334, 7464 of

this title.

-End-

-CITE-

38 USC Sec. 7333 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-

Sec. 7333. Nondiscrimination against alcohol and drug abusers and

persons infected with the human immunodeficiency virus

-STATUTE-

(a) Veterans eligible for treatment under chapter 17 of this

title who are alcohol or drug abusers or who are infected with the

human immunodeficiency virus shall not be discriminated against in

admission or treatment by any Department health-care facility

solely because of their alcohol or drug abuse or dependency or

because of their viral infection.

(b) The Secretary shall prescribe regulations for the enforcement

of this section. Such regulations, with respect to the admission

and treatment of such veterans who are alcohol or drug abusers,

shall be prescribed in accordance with section 7334 of this title.

-SOURCE-

(Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90

Stat. 2850, Sec. 4133; amended Pub. L. 100-322, title I, Sec.

122(a), May 20, 1988, 102 Stat. 503; renumbered Sec. 7333 and

amended Pub. L. 102-40, title IV, Secs. 401(a)(4)(A), 402(d)(1),

403(a)(1), (2), May 7, 1991, 105 Stat. 221, 239.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4133

of this title as this section.

Subsec. (a). Pub. L. 102-40, Sec. 403(a)(2), substituted

"Department" for "Veterans' Administration".

Subsec. (b). Pub. L. 102-40, Secs. 402(d)(1), 403(a)(1),

substituted "Secretary" for "Administrator" and "7334" for "4134".

1988 - Pub. L. 100-322 substituted "Nondiscrimination against

alcohol and drug abusers and persons infected with the human

immunodeficiency virus" for "Nondiscrimination in the admission of

alcohol and drug abusers to Veterans' Administration health care

facilities" as section catchline, and amended text generally. Prior

to amendment, text read as follows: "Veterans eligible for

treatment under chapter 17 of this title who are alcohol or drug

abusers and who are suffering from medical disabilities shall not

be discriminated against in admission or treatment, solely because

of their alcohol or drug abuse or dependence, by any Veterans'

Administration health care facility. The Administrator, pursuant to

the provisions of section 4134 of this title, shall prescribe

regulations for the enforcement of this nondiscrimination policy

with respect to the admission and treatment of such eligible

veterans who are alcohol or drug abusers."

RESTRICTION ON TESTING FOR INFECTION WITH HUMAN IMMUNODEFICIENCY

VIRUS

Section 124 of Pub. L. 100-322, as amended by Pub. L. 102-83,

Sec. 6(j)(3), Aug. 6, 1991, 105 Stat. 409, provided that:

"(a) General Rule. - Except as provided in subsection (b), the

Secretary of Veterans Affairs may not during any fiscal year

conduct a widespread testing program to determine infection of

humans with the human immunodeficiency virus unless funds have been

appropriated to the Department of Veterans Affairs specifically for

such a program during that fiscal year.

"(b) Voluntary Testing. - (1) The Secretary shall provide for a

program under which the Department of Veterans Affairs offers each

patient to whom the Department is furnishing health care or

services and who is described in paragraph (2) the opportunity to

be tested to determine whether such patient is infected with the

human immunodeficiency virus.

"(2) Patients referred to in paragraph (1) are -

"(A) patients who are receiving treatment for intravenous drug

abuse,

"(B) patients who are receiving treatment for a disease

associated with the human immunodeficiency virus, and

"(C) patients who are otherwise at high risk for infection with

such virus.

"(3) Subject to the consent requirement in paragraph (4) and

unless medically contraindicated, the test shall be administered to

each patient requesting to be tested for infection with such virus.

"(4) A test may not be conducted under this subsection without

the prior informed and separate written consent of the patient

tested. The Secretary shall provide pre- and post-test counseling

regarding the acquired immune deficiency syndrome and the test to

each patient who is administered the test."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7334 of this title.

-End-

-CITE-

38 USC Sec. 7334 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-

Sec. 7334. Regulations

-STATUTE-

(a) Regulations prescribed by the Secretary under section 7331 of

this title, section 7332 of this title with respect to the

confidentiality of alcohol and drug abuse medical records, and

section 7333 of this title with respect to alcohol or drug abusers

shall, to the maximum extent feasible consistent with other

provisions of this title, make applicable the regulations described

in subsection (b) to the conduct of research and to the provision

of hospital care, nursing home care, domiciliary care, and medical

services under this title.

(b) The regulations referred to in subsection (a) are -

(1) regulations governing human experimentation and informed

consent prescribed by the Secretary of Health and Human Services,

based on the recommendations of the National Commission for the

Protection of Human Subjects of Biomedical and Behavioral

Research, established by section 201 of the National Research Act

(Public Law 93-348; 88 Stat. 348); and

(2) regulations governing (A) the confidentiality of drug and

alcohol abuse medical records, and (B) the admission of drug and

alcohol abusers to private and public hospitals, prescribed

pursuant to the Comprehensive Alcohol Abuse and Alcoholism

Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C.

4551 et seq.) and the Drug Abuse Office and Treatment Act of 1972

(21 U.S.C. 1101 et seq.).

(c) Regulations prescribed by the Secretary under sections 7331,

7332, and 7333 of this title may contain such definitions, and may

provide for such safeguards and procedures (including procedures

and criteria for the issuance and scope of court orders under

section 7332(b)(2)(C) (!1) of this title), as are necessary to

prevent circumvention or evasion of such regulations or to

facilitate compliance with such regulations.

(d) In prescribing and implementing such regulations, the

Secretary shall, from time to time, consult with the Secretary of

Health and Human Services and, as appropriate, with the President

(or the delegate of the President) in order to achieve the maximum

possible coordination of the regulations, and the implementation of

the regulations, which they and the Secretary prescribe.

-SOURCE-

(Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90

Stat. 2851, Sec. 4134; amended Pub. L. 97-295, Sec. 4(87), Oct. 12,

1982, 96 Stat. 1312; Pub. L. 100-322, title I, Sec. 122(a), May 20,

1988, 102 Stat. 504; renumbered Sec. 7334 and amended Pub. L.

102-40, title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), (4),

May 7, 1991, 105 Stat. 221, 239.)

-REFTEXT-

REFERENCES IN TEXT

Section 201 of the National Research Act, referred to in subsec.

(b)(1), is section 201 of Pub. L. 93-348, title II, July 12, 1974,

88 Stat. 348, as amended, which was set out as a note under section

289l-1 of Title 42, The Public Health and Welfare, and was repealed

by Pub. L. 95-622, title III, Sec. 302(b), Nov. 9, 1978, 92 Stat.

3442.

The Comprehensive Alcohol Abuse and Alcoholism Prevention,

Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4551 et seq.),

referred to in subsec. (b)(2), is Pub. L. 91-616, Dec. 31, 1970, 84

Stat. 1848, as amended, which is classified principally to chapter

60 (Sec. 4541 et seq.) of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under section

4541 of Title 42 and Tables.

The Drug Abuse Office and Treatment Act of 1972, referred to in

subsec. (b)(2), which was redesignated the Drug Abuse Prevention,

Treatment, and Rehabilitation Act, is Pub. L. 92-255, Mar. 21,

1972, 86 Stat. 65, as amended, which is classified principally to

chapter 16 (Sec. 1101 et seq.) of Title 21, Food and Drugs. For

complete classification of this Act to the Code, see Short Title

note set out under section 1101 of Title 21 and Tables.

Section 7332(b)(2)(C) of this title, referred to in subsec. (c),

was formerly a reference to section 4132(b)(2)(C) of this title

which was redesignated section 4132(b)(2)(D) by Pub. L. 100-322,

title I, Sec. 121(b)(2)(A), May 20, 1988, 102 Stat. 502, and

subsequently renumbered section 7332(b)(2)(D) by Pub. L. 102-40,

title IV, Sec. 401(a)(4)(A), May 7, 1991, 105 Stat. 221. The

reference to section 4132(b)(2)(C) in subsec. (c) was amended to

reflect the renumbering by Pub. L. 102-40 but not the redesignation

by Pub. L. 100-322.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4134

of this title as this section.

Subsec. (a). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this

section" after "subsection (b)".

Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for

"Administrator".

Pub. L. 102-40, Sec. 402(d)(1), substituted "7331" for "4131",

"7332" for "4132", and "7333" for "4133".

Subsec. (b). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this

section" after "subsection (a)" in introductory provisions.

Subsec. (c). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator".

Pub. L. 102-40, Sec. 402(d)(1), substituted "7331, 7332, and

7333" for "4131, 4132, and 4133" and "7332(b)(2)(C)" for

"4132(b)(2)(C)".

Subsec. (d). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator" in two places.

1988 - Pub. L. 100-322 amended section generally, substituting

provisions consisting of subsecs. (a) to (d) for former provisions

consisting of subsecs. (a) and (b).

1982 - Subsec. (a). Pub. L. 97-295 substituted "Health and Human

Services" for "Health, Education, and Welfare" wherever appearing,

and substituted "the President (or the delegate of the President)"

for "the Director of the Office of Drug Abuse Policy (or any

successor authority)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7331, 7332, 7333 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC SUBCHAPTER IV - RESEARCH CORPORATIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

SUBCHAPTER IV - RESEARCH CORPORATIONS

-MISC1-

PRIOR PROVISIONS

A prior subchapter IV of this chapter consisted of sections 4141

and 4142 prior to amendment by Pub. L. 102-40, title IV, Sec.

401(c)(1), May 7, 1991, 105 Stat. 238, which struck out the

subchapter heading "PAY FOR NURSES AND OTHER HEALTH-CARE

PERSONNEL", renumbered sections 4141 and 4142 as sections 7451 and

7452 of this title, respectively, and transferred those sections to

subchapter IV of chapter 74 of this title.

A prior subchapter V of this chapter consisting of sections 4151

and 4152, related to quality assurance, prior to repeal by Pub. L.

102-40, title IV, Sec. 401(a)(2)(A), May 7, 1991, 105 Stat. 210.

See Prior Provisions notes set out under section 4110A of this

title.

A prior subchapter VI of this chapter was redesignated as this

subchapter.

AMENDMENTS

1991 - Pub. L. 102-40, title IV, Sec. 401(a)(2)(B), May 7, 1991,

105 Stat. 210, redesignated subchapter VI of this chapter as this

subchapter. For disposition of former subchapter IV of this

chapter, see Prior Provisions note above.

-End-

-CITE-

38 USC Sec. 7361 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

Sec. 7361. Authority to establish; status

-STATUTE-

(a) The Secretary may authorize the establishment at any

Department medical center of a nonprofit corporation to provide a

flexible funding mechanism for the conduct of approved research and

education at the medical center. Except as otherwise required in

this subchapter or under regulations prescribed by the Secretary,

any such corporation, and its directors and employees, shall be

required to comply only with those Federal laws, regulations, and

executive orders and directives which apply generally to private

nonprofit corporations. Such a corporation may be established to

facilitate either research or education or both research and

education.

(b) If by the end of the four-year period beginning on the date

of the establishment of a corporation under this subchapter the

corporation is not recognized as an entity the income of which is

exempt from taxation under the Internal Revenue Code of 1986, the

Secretary shall dissolve the corporation.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102

Stat. 510, Sec. 4161; renumbered Sec. 7361 and amended Pub. L.

102-40, title IV, Secs. 401(a)(4)(B), 403(a)(1), (2), May 7, 1991,

105 Stat. 221, 239; Pub. L. 102-291, Sec. 3(a), May 20, 1992, 106

Stat. 179; Pub. L. 104-262, title III, Sec. 343(b), Oct. 9, 1996,

110 Stat. 3207; Pub. L. 106-117, title II, Sec. 204(a), Nov. 30,

1999, 113 Stat. 1562.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (b), is

classified generally to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-117 inserted "and education"

after "research" and inserted at end "Such a corporation may be

established to facilitate either research or education or both

research and education."

1996 - Subsec. (b). Pub. L. 104-262 struck out "section 501(c)(3)

of" before "the Internal Revenue Code of 1986".

1992 - Subsec. (b). Pub. L. 102-291 substituted "four-year

period" for "three-year period".

1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4161

of this title as this section.

Subsec. (a). Pub. L. 102-40, Sec. 403(a)(2), substituted

"Department" for "Veterans' Administration".

Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for

"Administrator" in two places.

Subsec. (b). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator".

EFFECTIVE DATE OF 1992 AMENDMENT

Section 3(c) of Pub. L. 102-291 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

7368 of this title] shall take effect as of October 1, 1991."

RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING

LAPSED PERIOD

Section 3(d) of Pub. L. 102-291 provided that: "The following

actions of the Secretary of Veterans Affairs during the period

beginning on October 1, 1991, and ending on the date of the

enactment of this Act [May 20, 1992] are hereby ratified:

"(1) A failure to dissolve a nonprofit corporation established

under section 7361(a) of title 38, United States Code, that,

within the three-year period beginning on the date of the

establishment of the corporation, was not recognized as an entity

the income of which is exempt from taxation under section

501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C.

501(c)(3)].

"(2) The establishment of a nonprofit corporation for approved

research under section 7361(a) of title 38, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7809 of this title.

-End-

-CITE-

38 USC Sec. 7362 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

Sec. 7362. Purpose of corporations

-STATUTE-

(a) Any corporation established under this subchapter shall be

established solely to facilitate research as described in section

7303(a) of this title and education and training as described in

sections 7302, 7471, 8154, and 1701(6)(B) (!1) of this title in

conjunction with the applicable Department medical center. Any

funds received by the Secretary for the conduct of research or

education at the medical center other than funds appropriated to

the Department may be transferred to and administered by the

corporation for these purposes.

(b) For purposes of this section, the term "education and

training" means the following:

(1) In the case of employees of the Veterans Health

Administration, such term means work-related instruction or other

learning experiences to -

(A) improve performance of current duties;

(B) assist employees in maintaining or gaining specialized

proficiencies; and

(C) expand understanding of advances and changes in patient

care, technology, and health care administration.

Such term includes (in the case of such employees) education and

training conducted as part of a residency or other program

designed to prepare an individual for an occupation or

profession.

(2) In the case of veterans under the care of the Veterans

Health Administration, such term means instruction or other

learning experiences related to improving and maintaining the

health of veterans to patients and to the families and guardians

of patients.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102

Stat. 510, Sec. 4162; renumbered Sec. 7362 and amended Pub. L.

102-40, title IV, Secs. 401(a)(4)(B), 403(a)(1)-(3), May 7, 1991,

105 Stat. 221, 239; Pub. L. 106-117, title II, Sec. 204(b), Nov.

30, 1999, 113 Stat. 1562.)

-REFTEXT-

REFERENCES IN TEXT

Section 1701(6)(B) of this title, referred to in subsec. (a),

which related to inclusion of consultation, professional

counseling, training, and mental health services in definition of

"medical services", was repealed and a new section 1701(6)(B)

relating to dental services and appliances was enacted, by Pub. L.

107-135, title II, Sec. 208(a)(1)(A), (C), Jan. 23, 2002, 115 Stat.

2461.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-117 designated existing provisions as subsec.

(a), in first sentence, inserted "and education and training as

described in sections 7302, 7471, 8154, and 1701(6)(B) of this

title" after "7303(a) of this title", in second sentence, inserted

"or education" after "research" and substituted "these purposes"

for "that purpose", and added subsec. (b).

1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4162

of this title as this section.

Pub. L. 102-40, Sec. 403(a)(3), substituted "7303(a)" for

"4101(c)(1)".

Pub. L. 102-40, Sec. 403(a)(2), substituted "Department" for

"Veterans' Administration" in two places.

Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for

"Administrator".

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 7363 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

Sec. 7363. Board of directors; executive director

-STATUTE-

(a) The Secretary shall provide for the appointment of a board of

directors for any corporation established under this subchapter.

The board shall include -

(1) the director of the medical center, the chief of staff of

the medical center, and as appropriate, the assistant chief of

staff for research for the medical center and the assistant chief

of staff for education for the medical center, or, in the case of

a facility at which such positions do not exist, those officials

who are responsible for carrying out the responsibilities of the

medical center director, chief of staff, and, as appropriate, the

assistant chief of staff for research and the assistant chief of

staff for education; and

(2) subject to subsection (c), members who are not officers or

employees of the Federal Government and who are familiar with

issues involving medical and scientific research or education, as

appropriate.

(b) Each such corporation shall have an executive director who

shall be appointed by the board of directors with the concurrence

of the Under Secretary for Health of the Department. The executive

director of a corporation shall be responsible for the operations

of the corporation and shall have such specific duties and

responsibilities as the board may prescribe.

(c) An individual appointed under subsection (a)(2) to the board

of directors of a corporation established under this subchapter may

not be affiliated with, employed by, or have any other financial

relationship with any entity that is a source of funding for

research or education by the Department unless that source of

funding is a governmental entity or an entity the income of which

is exempt from taxation under the Internal Revenue Code of 1986.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102

Stat. 510, Sec. 4163; renumbered Sec. 7363 and amended Pub. L.

102-40, title IV, Secs. 401(a)(4)(B), 403(a)(1), (2), (4), May 7,

1991, 105 Stat. 221, 239; Pub. L. 102-405, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104-262, title

III, Sec. 343(b), Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106-117,

title II, Sec. 204(c), Nov. 30, 1999, 113 Stat. 1562.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (c), is

classified generally to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-117, Sec. 204(c)(1),

substituted "as appropriate, the assistant chief of staff for

research for the medical center and the assistant chief of staff

for education for the medical center, or, in the case of a facility

at which such positions do not exist, those officials who are

responsible for carrying out the responsibilities of the medical

center director, chief of staff, and, as appropriate, the assistant

chief of staff for research and the assistant chief of staff for

education; and" for "the assistant chief of staff for research of

the medical center; and".

Subsec. (a)(2). Pub. L. 106-117, Sec. 204(c)(2), inserted "or

education, as appropriate" after "research".

Subsec. (c). Pub. L. 106-117, Sec. 204(c)(3), inserted "or

education" after "research".

1996 - Subsec. (c). Pub. L. 104-262 struck out "section 501(c)(3)

of" before "the Internal Revenue Code of 1986".

1992 - Subsec. (b). Pub. L. 102-405 substituted "Under Secretary

for Health" for "Chief Medical Director".

1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4163

of this title as this section.

Subsec. (a). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator" in introductory provisions.

Subsec. (a)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out "of

this section" after "subsection (c)".

Subsec. (b). Pub. L. 102-40, Sec. 403(a)(2), substituted

"Department" for "Veterans' Administration".

Subsec. (c). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this

section" after "subsection (a)(2)".

Pub. L. 102-40, Sec. 403(a)(2), substituted "Department" for

"Veterans' Administration".

-End-

-CITE-

38 USC Sec. 7364 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

Sec. 7364. General powers

-STATUTE-

(a) A corporation established under this subchapter may -

(1) accept gifts and grants from, and enter into contracts

with, individuals and public and private entities solely to carry

out the purposes of this subchapter; and

(2) employ such employees as it considers necessary for such

purposes and fix the compensation of such employees.

(b) A corporation established under this subchapter may not spend

funds for a research project unless the project is approved in

accordance with procedures prescribed by the Under Secretary for

Health for research carried out with Department funds. Such

procedures shall include a peer review process.

(c)(1) A corporation established under this subchapter may not

spend funds for an education activity unless the activity is

approved in accordance with procedures prescribed by the Under

Secretary for Health.

(2) The Under Secretary for Health shall prescribe policies and

procedures to guide the expenditure of funds by corporations under

paragraph (1) consistent with the purpose of such corporations as

flexible funding mechanisms.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102

Stat. 511, Sec. 4164; renumbered Sec. 7364 and amended Pub. L.

102-40, title IV, Secs. 401(a)(4)(B), 403(a)(2), May 7, 1991, 105

Stat. 221, 239; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,

1992, 106 Stat. 1984; Pub. L. 106-117, title II, Sec. 204(d), Nov.

30, 1999, 113 Stat. 1562.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-117 added subsec. (c).

1992 - Subsec. (b). Pub. L. 102-405 substituted "Under Secretary

for Health" for "Chief Medical Director".

1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4164

of this title as this section.

Subsec. (b). Pub. L. 102-40, Sec. 403(a)(2), substituted

"Department" for "Veterans' Administration".

-End-

-CITE-

38 USC Sec. 7365 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

Sec. 7365. Applicable State law

-STATUTE-

Any corporation established under this subchapter shall be

established in accordance with the nonprofit corporation laws of

the State in which the applicable medical center is located and

shall, to the extent not inconsistent with any Federal law, be

subject to the laws of such State.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102

Stat. 511, Sec. 4165; renumbered Sec. 7365, Pub. L. 102-40, title

IV, Sec. 401(a)(4)(B), May 7, 1991, 105 Stat. 221.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 4165 of this title as

this section.

-End-

-CITE-

38 USC Sec. 7366 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

Sec. 7366. Accountability and oversight

-STATUTE-

(a)(1)(A) The records of a corporation established under this

subchapter shall be available to the Secretary.

(B) For the purposes of sections 4(a)(1) and 6(a)(1) of the

Inspector General Act of 1978, the programs and operations of such

a corporation shall be considered to be programs and operations of

the Department with respect to which the Inspector General of the

Department has responsibilities under such Act.

(2) Such a corporation shall be considered an agency for the

purposes of section 716 of title 31 (relating to availability of

information and inspection of records by the Comptroller General).

(b) Each such corporation shall submit to the Secretary an annual

report providing a detailed statement of its operations,

activities, and accomplishments during that year. A corporation

with revenues in excess of $300,000 for any year shall obtain an

audit of the corporation for that year. A corporation with annual

revenues between $10,000 and $300,000 shall obtain an independent

audit of the corporation at least once every three years. Any audit

under the preceding sentences shall be performed by an independent

auditor. The corporation shall include the most recent such audit

in the corporation's report to the Secretary for that year.

(c) Each member of the board of directors of a corporation

established under this subchapter, each employee of such a

corporation, and each employee of the Department who is involved in

the functions of the corporation during any year -

(1) shall be subject to Federal laws and regulations applicable

to Federal employees with respect to conflicts of interest in the

performance of official functions; and

(2) shall submit to the Secretary a statement signed by the

executive director of the corporation certifying that each

director and employee is aware of, and has complied with, such

laws and regulations in the same manner as Federal employees are

required to.

(d) The Secretary shall submit to the Committees on Veterans'

Affairs of the Senate and House of Representatives an annual report

on the corporations established under this subchapter. The report

shall set forth the following information:

(1) The location of each corporation.

(2) The amount received by each corporation during the previous

year, including -

(A) the total amount received;

(B) the amount received from governmental entities for

research and the amount received from governmental entities for

education;

(C) the amount received from all other sources for research

and the amount received from all other sources for education;

and

(D) if an amount received from a source referred to in

subparagraph (C) exceeded $25,000, information that identifies

the source.

(3) The amount expended by each corporation during the year,

including -

(A) the amount expended for salary for research staff, the

amount expended for salary for education staff, and the amount

expended for salary for support staff;

(B) the amount expended for direct support of research and

the amount expended for direct support of education; and

(C) if the amount expended with respect to any payee exceeded

$35,000, information that identifies the payee.

(4) The amount expended by each corporation during the year for

travel conducted in conjunction with research and the amount

expended for travel in conjunction with education.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102

Stat. 511, Sec. 4166; renumbered Sec. 7366 and amended Pub. L.

102-40, title IV, Secs. 401(a)(4)(B), 403(a)(1), (2), May 7, 1991,

105 Stat. 221, 239; Pub. L. 104-262, title III, Sec. 343(c)-(e),

Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106-117, title II, Sec.

204(e), Nov. 30, 1999, 113 Stat. 1563; Pub. L. 107-103, title V,

Sec. 509(f), Dec. 27, 2001, 115 Stat. 997.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec.

(a)(1)(B), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

2001 - Subsec. (d)(2)(D). Pub. L. 107-103 made technical

correction to directory language of Pub. L. 106-117, Sec.

204(e)(3). See 1999 Amendment note below.

1999 - Subsec. (d)(2)(B). Pub. L. 106-117, Sec. 204(e)(1),

inserted "for research and the amount received from governmental

entities for education" before the semicolon at end.

Subsec. (d)(2)(C). Pub. L. 106-117, Sec. 204(e)(2), inserted "for

research and the amount received from all other sources for

education" before "; and".

Subsec. (d)(2)(D). Pub. L. 106-117, Sec. 204(e)(3), as amended by

Pub. L. 107-103, Sec. 509(f), substituted "an amount received" for

"the amount received".

Subsec. (d)(3)(A). Pub. L. 106-117, Sec. 204(e)(4), substituted

", the amount expended for salary for education staff, and the

amount expended" for "and".

Subsec. (d)(3)(B). Pub. L. 106-117, Sec. 204(e)(5), inserted "and

the amount expended for direct support of education" after

"research".

Subsec. (d)(4). Pub. L. 106-117, Sec. 204(e)(6), added par. (4).

1996 - Subsec. (b). Pub. L. 104-262, Sec. 343(c), substituted "A

corporation with revenues in excess of $300,000 for any year shall

obtain an audit of the corporation for that year. A corporation

with annual revenues between $10,000 and $300,000 shall obtain an

independent audit of the corporation at least once every three

years. Any audit under the preceding sentences shall be performed

by an independent auditor. The corporation shall include the most

recent such audit" for "The corporation shall obtain a report of

independent auditors concerning the receipts and expenditures of

funds by the corporation during that year and shall include that

report".

Subsec. (c)(2). Pub. L. 104-262, Sec. 343(d), substituted "a

statement signed by the executive director of the corporation

certifying that each director and" for "an annual statement signed

by the director or employee certifying that the director or".

Subsec. (d). Pub. L. 104-262, Sec. 343(e), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "The

Secretary shall submit to the Committees on Veterans' Affairs of

the Senate and House of Representatives an annual report on the

number and location of corporations established and the amount of

the contributions made to each such corporation."

1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4166

of this title as this section.

Subsec. (a)(1)(A). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator".

Subsec. (a)(1)(B). Pub. L. 102-40, Sec. 403(a)(2), substituted

"Department" for "Veterans' Administration" in two places.

Subsec. (b). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator" in two places.

Subsec. (c). Pub. L. 102-40, Sec. 403(a)(2), substituted

"Department" for "Veterans' Administration" in introductory

provisions.

Subsec. (c)(2). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator".

Subsec. (d). Pub. L. 102-40, Sec. 403(a)(1), substituted

"Secretary" for "Administrator".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title V, Sec. 509(f), Dec. 27, 2001, 115 Stat.

997, provided that the amendment made by section 509(f) is

effective Nov. 30, 1999, and as if included in Pub. L. 106-117 as

originally enacted.

-End-

-CITE-

38 USC Sec. 7367 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

[Sec. 7367. Repealed. Pub. L. 107-14, Sec. 8(a)(14)(A), June 5,

2001, 115 Stat. 35]

-MISC1-

Section, added Pub. L. 100-322, title II, Sec. 204(a), May 20,

1988, 102 Stat. 512, Sec. 4167; renumbered Sec. 7367 and amended

Pub. L. 102-40, title IV, Secs. 401(a)(4)(B), 403(a)(1), May 7,

1991, 105 Stat. 221, 239, required a report to Congress on the

experience through the end of fiscal year 1990 under this

subchapter.

-End-

-CITE-

38 USC Sec. 7368 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND

FUNCTIONS

SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-

Sec. 7368. Expiration of authority

-STATUTE-

No corporation may be established under this subchapter after

December 31, 2003.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102

Stat. 512, Sec. 4168; renumbered Sec. 7368, Pub. L. 102-40, title

IV, Sec. 401(a)(4)(B), May 7, 1991, 105 Stat. 221; amended Pub. L.

102-291, Sec. 3(b), May 20, 1992, 106 Stat. 179; Pub. L. 104-262,

title III, Sec. 343(a), Oct. 9, 1996, 110 Stat. 3207; Pub. L.

106-419, title IV, Sec. 402(g), Nov. 1, 2000, 114 Stat. 1863.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-419 substituted "December 31, 2003" for

"December 31, 2000".

1996 - Pub. L. 104-262 substituted "December 31, 2000" for

"December 31, 1992".

1992 - Pub. L. 102-291 substituted "December 31, 1992" for

"September 30, 1991".

1991 - Pub. L. 102-40 renumbered section 4168 of this title as

this section.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-291 effective Oct. 1, 1991, see section

3(c) of Pub. L. 102-291, set out as a note under section 7361 of

this title.

-End-