Legislación
US (United States) Code. Title 38. Part V. Chapter 73: Veterans Health Administration-organization and functions
-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 Repealed.]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-
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38 USC SUBCHAPTER I - ORGANIZATION 01/06/03
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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-
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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-
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38 USC Sec. 7302 01/06/03
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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-
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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-
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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-
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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-
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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