-CITE- 38 USC CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND FUNCTIONS 01/02/2006 -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. 7307. Office of Research Oversight. 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. 7327. Centers for research, education, and clinical activities on complex multi-trauma associated with combat injuries. 7328. Medical preparedness centers. 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.(!1) 7334. Regulations. SUBCHAPTER IV - RESEARCH CORPORATIONS 7361. Authority to establish; status. 7362. Purpose of corporations. 7363. Board of directors; executive director. 7364. General powers. 7364A. Coverage of employees under certain Federal tort claims laws. 7365. Applicable State law. 7366. Accountability and oversight. [7367. Repealed.] 7368. Expiration of authority. AMENDMENTS 2004 - Pub. L. 108-422, title III, Secs. 302(a)(2), 303(c)(2), Nov. 30, 2004, 118 Stat. 2385, 2387, added items 7327 and 7328. 2003 - Pub. L. 108-170, title IV, Secs. 401(a)(2), 402(a)(2), Dec. 6, 2003, 117 Stat. 2061, 2062, added items 7307 and 7364A. 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. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 38 USC SUBCHAPTER I - ORGANIZATION 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND FUNCTIONS SUBCHAPTER I - ORGANIZATION -HEAD- SUBCHAPTER I - ORGANIZATION -MISC1- PRIOR PROVISIONS A prior subchapter I of this chapter consisting of sections 4101 to 4120, related to organization of Department of Medicine and Surgery, prior to repeal by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See Prior Provisions notes set out under sections 4101 to 4110A of this title. -End- -CITE- 38 USC Sec. 7301 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND FUNCTIONS SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 7301. Functions of Veterans Health Administration: in general -STATUTE- (a) There is in the Department of Veterans Affairs a Veterans Health Administration. The Under Secretary for Health is the head of the Administration. The Under Secretary for Health may be referred to as the Chief Medical Director. (b) The primary function of the Administration is to provide a complete medical and hospital service for the medical care and treatment of veterans, as provided in this title and in regulations prescribed by the Secretary pursuant to this title. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 211; amended Pub. L. 102-405, title III, Sec. 302(c)(1), (2), Oct. 9, 1992, 106 Stat. 1984.) -MISC1- AMENDMENTS 1992 - Subsec. (a). Pub. L. 102-405 substituted "Under Secretary for Health is" for "Chief Medical Director is" and inserted at end "The Under Secretary for Health may be referred to as the Chief Medical Director." -End- -CITE- 38 USC Sec. 7302 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND FUNCTIONS SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 7302. Functions of Veterans Health Administration: health-care personnel education and training programs -STATUTE- (a) In order to carry out more effectively the primary function of the Veterans Health Administration and in order to assist in providing an adequate supply of health personnel to the Nation, the Secretary - (1) to the extent feasible without interfering with the medical care and treatment of veterans, shall develop and carry out a program of education and training of health personnel; and (2) shall carry out a major program for the recruitment, training, and employment of veterans with medical military occupation specialties as - (A) physician assistants; (B) expanded-function dental auxiliaries; and (C) other medical technicians. (b) In carrying out subsection (a)(1), the Secretary shall include in the program of education and training under that subsection the developing and evaluating of new health careers, interdisciplinary approaches, and career advancement opportunities. (c) In carrying out subsection (a)(2), the Secretary shall include in the program of recruitment, training, and employment under that subsection measures to advise all qualified veterans with military occupation specialties referred to in that subsection, and all members of the armed forces about to be discharged or released from active duty who have such military occupation specialties, of employment opportunities with the Administration. (d) The Secretary shall carry out subsection (a) in cooperation with the following institutions and organizations: (1) Schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, or allied health professions. (2) Other institutions of higher learning. (3) Medical centers. (4) Academic health centers. (5) Hospitals. (6) Such other public or nonprofit agencies, institutions, or organizations as the Secretary considers appropriate. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 211.) -End- -CITE- 38 USC Sec. 7303 01/02/2006 -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). -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; Pub. L. 108- 170, title IV, Sec. 401(b), Dec. 6, 2003, 117 Stat. 2061.) -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 2003 - Subsec. (e). Pub. L. 108-170 struck out subsec. (e) which read as follows: "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)." 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, related to transfer of appropriations for fiscal year 2002 to carry out subsec. (e) of this section 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. -End- -CITE- 38 USC Sec. 7304 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND FUNCTIONS SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 7304. Regulations -STATUTE- (a) Unless specifically otherwise provided, the Under Secretary for Health shall prescribe all regulations necessary to the administration of the Veterans Health Administration, including regulations relating to - (1) travel, transportation of household goods and effects, and deductions from pay for quarters and subsistence; and (2) the custody, use, and preservation of the records, papers, and property of the Administration. (b) Regulations prescribed by the Under Secretary for Health are subject to the approval of the Secretary. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 212; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) -MISC1- AMENDMENTS 1992 - Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director" in subsecs. (a) and (b). -End- -CITE- 38 USC Sec. 7305 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND FUNCTIONS SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 7305. Divisions of Veterans Health Administration -STATUTE- The Veterans Health Administration shall include the following: (1) The Office of the Under Secretary for Health. (2) A Medical Service. (3) A Dental Service. (4) A Podiatric Service. (5) An Optometric Service. (6) A Nursing Service. (7) Such other professional and auxiliary services as the Secretary may find to be necessary to carry out the functions of the Administration. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 212; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) -MISC1- AMENDMENTS 1992 - Par. (1). Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director". -End- -CITE- 38 USC Sec. 7306 01/02/2006 -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". -End- -CITE- 38 USC Sec. 7307 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND FUNCTIONS SUBCHAPTER I - ORGANIZATION -HEAD- Sec. 7307. Office of Research Oversight -STATUTE- (a) Requirement for Office. - (1) There is in the Veterans Health Administration an Office of Research Oversight (hereinafter in this section referred to as the "Office"). The Office shall advise the Under Secretary for Health on matters of compliance and assurance in human subjects protections, research safety, and research impropriety and misconduct. The Office shall function independently of entities within the Veterans Health Administration with responsibility for the conduct of medical research programs. (2) The Office shall - (A) monitor, review, and investigate matters of medical research compliance and assurance in the Department with respect to human subjects protections; and (B) monitor, review, and investigate matters relating to the protection and safety of human subjects and Department employees participating in medical research in Department programs. (b) Director. - (1) The head of the Office shall be a Director, who shall report directly to the Under Secretary for Health (without delegation). (2) Any person appointed as Director shall be - (A) an established expert in the field of medical research, administration of medical research programs, or similar fields; and (B) qualified to carry out the duties of the Office based on demonstrated experience and expertise. (c) Functions. - (1) The Director shall report to the Under Secretary for Health on matters relating to protections of human subjects in medical research projects of the Department under any applicable Federal law and regulation, the safety of employees involved in Department medical research programs, and suspected misconduct and impropriety in such programs. In carrying out the preceding sentence, the Director shall consult with employees of the Veterans Health Administration who are responsible for the management and conduct of Department medical research programs. (2) The matters to be reported by the Director to the Under Secretary under paragraph (1) shall include allegations of research impropriety and misconduct by employees engaged in medical research programs of the Department. (3)(A) When the Director determines that such a recommendation is warranted, the Director may recommend to the Under Secretary that a Department research activity be terminated, suspended, or restricted, in whole or in part. (B) In a case in which the Director reasonably believes that activities of a medical research project of the Department place human subjects' lives or health at imminent risk, the Director shall direct that activities under that project be immediately suspended or, as appropriate and specified by the Director, be limited. (d) General Functions. - (1) The Director shall conduct periodic inspections and reviews, as the Director determines appropriate, of medical research programs of the Department. Such inspections and reviews shall include review of required documented assurances. (2) The Director shall observe external accreditation activities conducted for accreditation of medical research programs conducted in facilities of the Department. (3) The Director shall investigate allegations of research impropriety and misconduct in medical research projects of the Department. (4) The Director shall submit to the Under Secretary for Health, the Secretary, and the Committees on Veterans' Affairs of the Senate and House of Representatives a report on any suspected lapse, from whatever cause or causes, in protecting safety of human subjects and others, including employees, in medical research programs of the Department. (5) The Director shall carry out such other duties as the Under Secretary for Health may require. (e) Source of Funds. - Amounts for the activities of the Office, including its regional offices, shall be derived from amounts appropriated for the Veterans Health Administration for Medical Care. (f) Annual Report. - Not later than March 15 each year, the Director shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the activities of the Office during the preceding calendar year. Each such report shall include, with respect to that year, the following: (1) A summary of reviews of individual medical research programs of the Department completed by the Office. (2) Directives and other communications issued by the Office to field activities of the Department. (3) Results of any investigations undertaken by the Office during the reporting period consonant with the purposes of this section. (4) Other information that would be of interest to those committees in oversight of the Department medical research program. (g) Medical Research. - For purposes of this section, the term "medical research" means medical research described in section 7303(a)(2) of this title. -SOURCE- (Added Pub. L. 108-170, title IV, Sec. 401(a)(1), Dec. 6, 2003, 117 Stat. 2059.) -End- -CITE- 38 USC SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION 01/02/2006 -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 01/02/2006 -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, required the Secretary of Veterans Affairs to evaluate the efficacy of the nurse managed health care clinics of the Department of Veterans Affairs and submit to Congress a report on the evaluation not later than 18 months after Jan. 23, 2002. 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." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 38 USC Sec. 7312 01/02/2006 -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. -End- -CITE- 38 USC Sec. 7313 01/02/2006 -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". -End- -CITE- 38 USC Sec. 7314 01/02/2006 -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." -End- -CITE- 38 USC Sec. 7315 01/02/2006 -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 01/02/2006 -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 health care employee of the Administration in furnishing health 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 health care employee (or employee's estate) whose act or omission gave rise to such claim. (2) For purposes of paragraph (1), the term "health care employee of the Administration" means a physician, dentist, podiatrist, chiropractor, 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; amended Pub. L. 108-170, title III, Sec. 302(e), Dec. 6, 2003, 117 Stat. 2058.) -MISC1- AMENDMENTS 2003 - Subsec. (a)(1). Pub. L. 108-170, Sec. 302(e)(1), substituted "health" for "medical" in three places in concluding provisions. Subsec. (a)(2). Pub. L. 108-170, Sec. 302(e)(2), substituted "health" for "medical" the first place it appeared and inserted "chiropractor," after "podiatrist,". EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-170, title III, Sec. 302(h), Dec. 6, 2003, 117 Stat. 2058, provided that: "The amendments made by this section [amending this section and sections 7401 to 7404, 7409, and 7421 of this title] shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act [Dec. 6, 2003]." -End- -CITE- 38 USC Sec. 7317 01/02/2006 -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 01/02/2006 -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." -End- -CITE- 38 USC Sec. 7319 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 June 1 of each year through 2008, 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; Pub. L. 108-170, title IV, Sec. 405(c), Dec. 6, 2003, 117 Stat. 2063.) -MISC1- AMENDMENTS 2003 - Subsec. (d)(2). Pub. L. 108-170 substituted "June 1 of each year through 2008" for "February 1, 1998, and February 1 of each of the six following years". 2000 - Subsec. (d)(2). Pub. L. 106-419, substituted "six following years" for "three following years". -End- -CITE- 38 USC Sec. 7322 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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, required that the initial report under this section be submitted to the National Commission on VA Nursing as well as to Congress. -End- -CITE- 38 USC Sec. 7325 01/02/2006 -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 revi