-CITE-
    38 USC CHAPTER 73 - VETERANS HEALTH ADMINISTRATION -
           ORGANIZATION AND FUNCTIONS                      01/03/2007

-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.                         
    7308.       Office of Rural Health.                               

           SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION       
    7311.       Quality assurance.                                    
    7312.       Special medical advisory group.                       
    7313.       Advisory committees: affiliated institutions.         
    7314.       Geriatric research, education, and clinical centers.  
    7315.       Geriatrics and Gerontology Advisory Committee.        
    7316.       Malpractice and negligence suits: defense by United
                 States.                                              
    7317.       Hazardous research projects: indemnification of
                 contractors.                                         
    7318.       National Center for Preventive Health.                
    7319.       Mammography quality standards.                        
    7320.       Centers for mental illness research, education, and
                 clinical activities.                                 
    7321.       Committee on Care of Severely Chronically Mentally Ill
                 Veterans.                                            
    7322.       Breast cancer mammography policy.                     
    7323.       Required consultations with nurses.                   
    7324.       Annual report on use of authorities to enhance
                 retention of experienced nurses.                     
    7325.       Medical emergency preparedness centers.               
    7326.       Education and training programs on medical response to
                 consequences of terrorist activities.                
    7327.       Centers for research, education, and clinical
                 activities on complex multi-trauma associated with
                 combat injuries.                                     
    7328.       Medical preparedness centers.                         
    7329.       Parkinson's Disease research, education, and clinical
                 centers.                                             
    7330.       Multiple sclerosis centers of excellence.             

               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                            
      2006 - Pub. L. 109-461, title X, Sec. 1006(b), Dec. 22, 2006, 120
    Stat. 3468, provided that as of the enactment of Pub. L. 109-461,
    the amendments made by Pub. L. 109-444 were deemed for all purposes
    not to have taken effect and that Pub. L. 109-444 ceased to be in
    effect. See Amendment notes below and section 1006(b) of Pub. L.
    109-461, set out as a Coordination of Provisions With Pub. L. 109-
    444 note under section 101 of this title.
      Pub. L. 109-461, title II, Secs. 209(a)(2), 212(a)(2), Dec. 22,
    2006, 120 Stat. 3418, 3422, added items 7308, 7329, and 7330.
      Pub. L. 109-444, Sec. 6(a)(2), Dec. 21, 2006, 120 Stat. 3312,
    which added items 7329 and 7330, was terminated by Pub. L. 109-461,
    Sec. 1006(b). See Amendment notes above.
      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                          01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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 Sec. 7308                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 7308. Office of Rural Health

-STATUTE-
      (a) Establishment. - There is established in the Department
    within the Office of the Under Secretary for Health an office to be
    known as the "Office of Rural Health" (in this section referred to
    as the "Office").
      (b) Head. - The Director of the Office of Rural Health shall be
    the head of the Office. The Director of the Office of Rural Health
    shall be appointed by the Under Secretary of Health from among
    individuals qualified to perform the duties of the position.
      (c) Functions. - The functions of the Office are as follows:
        (1) In cooperation with the medical, rehabilitation, health
      services, and cooperative studies research programs in the Office
      of Policy and the Office of Research and Development of the
      Veterans Health Administration, to assist the Under Secretary for
      Health in conducting, coordinating, promoting, and disseminating
      research into issues affecting veterans living in rural areas.
        (2) To work with all personnel and offices of the Department of
      Veterans Affairs to develop, refine, and promulgate policies,
      best practices, lessons learned, and innovative and successful
      programs to improve care and services for veterans who reside in
      rural areas of the United States.
        (3) To designate in each Veterans Integrated Service Network
      (VISN) an individual who shall consult on and coordinate the
      discharge in such Network of programs and activities of the
      Office for veterans who reside in rural areas of the United
      States.
        (4) To perform such other functions and duties as the Secretary
      or the Under Secretary for Health considers appropriate.

-SOURCE-
    (Added Pub. L. 109-461, title II, Sec. 212(a)(1), Dec. 22, 2006,
    120 Stat. 3421.)

-End-

-CITE-
    38 USC SUBCHAPTER II - GENERAL AUTHORITY AND
           ADMINISTRATION                                  01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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)) (!1) 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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2811(b) of the Public Health Service Act, referred to in
    subsec. (b)(2), was redesignated section 2812(a) of the Public
    Health Service Act by Pub. L. 109-417, title I, Sec. 102(a)(2),
    title III, Sec. 301(a)(3), Dec. 19, 2006, 120 Stat. 2832, 2853, and
    is classified to section 300hh-11(a) of Title 42, The Public Health
    and Welfare.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the National Disaster Medical System, including the functions of
    the Secretary of Homeland Security and the Under Secretary for
    Emergency Preparedness and Response relating thereto, to the
    Secretary of Health and Human Services, see title III of Pub. L.
    109-295, set out in part as a note under section 300hh-11 of Title
    42, The Public Health and Welfare, and section 301(b) of Pub. L.
    109-417, set out as a note under section 300hh-11 of Title 42.
      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 [now Assistant Secretary for
    Preparedness and Response] relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    former section 313(5) and sections 551(d), 552(d), and 557 of Title
    6, Domestic Security, and the Department of Homeland Security
    Reorganization Plan of November 25, 2002, as modified, set out as a
    note under section 542 of Title 6.

-MISC1-
                  PEER REVIEW FOR DESIGNATION OF CENTERS              
      Pub. L. 107-287, Sec. 2(b), Nov. 7, 2002, 116 Stat. 2027,
    provided that:
      "(1) In order to assist the Secretary of Veterans Affairs and the
    Under Secretary of Veterans Affairs for Health in selecting sites
    for centers under section 7325 of title 38, United States Code, as
    added by subsection (a), the Under Secretary shall establish a peer
    review panel to assess the scientific and clinical merit of
    proposals that are submitted to the Secretary for the designation
    of such centers. The peer review panel shall be established in
    consultation with the Assistant Secretary of Veterans Affairs with
    responsibility for operations, preparedness, security, and law
    enforcement functions.
      "(2) The peer review panel shall include experts in the fields of
    toxicological research, infectious diseases, radiology, clinical
    care of patients exposed to such hazards, and other persons as
    determined appropriate by the Secretary. Members of the panel shall
    serve as consultants to the Department of Veterans Affairs.
      "(3) The panel shall review each proposal submitted to the panel
    by the officials referred to in paragraph (1) and shall submit to
    the Under Secretary for Health its views on the relative scientific
    and clinical merit of each such proposal. The panel shall
    specifically determine with respect to each such proposal whether
    that proposal is among those proposals which have met the highest
    competitive standards of scientific and clinical merit.
      "(4) The panel shall not be subject to the Federal Advisory
    Committee Act (5 U.S.C. App.)."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    38 USC Sec. 7326                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER II - GENERAL AUTHORITY AND ADMINISTRATION

-HEAD-
    Sec. 7326. Education and training programs on medical response to
      consequences of terrorist activities

-STATUTE-
      (a) Education Program. - The Secretary shall carry out a program
    to develop and disseminate a series of model education and training
    programs on the medical responses to the consequences of terrorist
    activities.
      (b) Implementing Official. - The program shall be carried out
    through the Under Secretary for Health, in consultation with the
    Assistant Secretary of Veterans Affairs with responsibility for
    operations, preparedness, security, and law enforcement functions.
      (c) Content of Programs. - The education and training programs
    developed under the program shall be modelled after programs
    established at the F. Edward Hebe&233;rt School of Medicine of the
    Uniformed Services University of the Health Sciences and shall
    include, at a minimum, training for health care professionals in
    the following:
        (1) Recognition of chemical, biological, radiological,
      incendiary, or other explosive agents, weapons, or devices that
      may be used in terrorist activities.
        (2) Identification of the potential symptoms of exposure to
      those agents.
        (3) Understanding of the potential long-term health
      consequences, including psychological effects, resulting from
      exposure to those agents, weapons, or devices.
        (4) Emergency treatment for exposure to those agents, weapons,
      or devices.
        (5) An appropriate course of followup treatment, supportive
      care, and referral.
        (6) Actions that can be taken while providing care for exposure
      to those agents, weapons, or devices to protect against
      contamination, injury, or other hazards from such exposure.
        (7) Information on how to seek consultative support and to
      report suspected or actual use of those agents.

      (d) Potential Trainees. - In designing the education and training
    programs under this section, the Secretary shall ensure that
    different programs are designed for health-care professionals in
    Department medical centers. The programs shall be designed to be
    disseminated to health professions students, graduate health and
    medical education trainees, and health practitioners in a variety
    of fields.
      (e) Consultation. - In establishing education and training
    programs under this section, the Secretary shall consult with
    appropriate representatives of accrediting, certifying, and
    coordinating organizations in the field of health professions
    education.

-SOURCE-
    (Added Pub. L. 107-287, Sec. 3(a)(1), Nov. 7, 2002, 116 Stat.
    2027.)

-MISC1-
                              IMPLEMENTATION                          
      Pub. L. 107-287, Sec. 3(b), Nov. 7, 2002, 116 Stat. 2028,
    provided that: "The Secretary of Veterans Affairs shall implement
    section 7326 of title 38, United States Code, as added by
    subsection (a), not later than the end of the 90-day period
    beginning on the date of the enactment of this Act [Nov. 7, 2002]."

-End-

-CITE-
    38 USC Sec. 7327                                            01/03/2007

-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. 7327. Centers for research, education, and clinical activities
      on complex multi-trauma associated with combat injuries

-STATUTE-
      (a) Purpose. - The purpose of this section is to provide for the
    improvement of the provision of health care services and related
    rehabilitation and education services to eligible veterans
    suffering from complex multi-trauma associated with combat injuries
    through - 
        (1) the development of improved models and systems for the
      furnishing by the Department of health care, rehabilitation, and
      education services to veterans;
        (2) the conduct of research to support the provision of such
      services in accordance with the most current evidence on multi-
      trauma injuries; and
        (3) the education and training of health care personnel of the
      Department with respect to the provision of such services.

      (b) Designation of Centers. - (1) The Secretary shall designate
    an appropriate number of cooperative centers for clinical care,
    consultation, research, and education activities on combat
    injuries.
      (2) Each center designated under paragraph (1) shall function as
    a center for - 
        (A) research on the long-term effects of injuries sustained as
      a result of combat in order to support the provision of services
      for such injuries in accordance with the most current evidence on
      complex multi-trauma;
        (B) the development of rehabilitation methodologies for
      treating individuals with complex multi-trauma; and
        (C) the continuous and consistent coordination of care from the
      point of referral throughout the rehabilitation process and
      ongoing follow-up after return to home and community.

      (3) The Secretary shall designate one of the centers designated
    under paragraph (1) as the lead center for activities referred to
    in that paragraph. As the lead center for such activities, such
    center shall - 
        (A) develop and provide periodic review of research priorities,
      and implement protocols, to ensure that projects contribute to
      the activities of the centers designated under paragraph (1);
        (B) oversee the coordination of the professional and technical
      activities of such centers to ensure the quality and validity of
      the methodologies and statistical services for research project
      leaders;
        (C) develop and ensure the deployment of an efficient and cost-
      effective data management system for such centers;
        (D) develop and distribute educational materials and products
      to enhance the evaluation and care of individuals with combat
      injuries by medical care providers of the Department who are not
      specialized in the assessment and care of complex multi-trauma;
        (E) develop educational materials for individuals suffering
      from combat injuries and for their families; and
        (F) serve as a resource for the clinical and research
      infrastructure of such centers by disseminating clinical outcomes
      and research findings to improve clinical practice.

      (4) The Secretary shall designate centers under paragraph (1)
    upon the recommendation of the Under Secretary for Health.
      (5) The Secretary may designate a center under paragraph (1) only
    if the center meets the requirements of subsection (c).
      (c) Requirements for Centers. - To be designated as a center
    under this section, a facility shall - 
        (1) be a regional lead center for the care of traumatic brain
      injury;
        (2) be located at a tertiary care medical center and have on-
      site availability of primary and subspecialty medical services
      relating to complex multi-trauma;
        (3) have, or have the capacity to develop, the capability of
      managing impairments associated with combat injuries;
        (4) be affiliated with a school of medicine;
        (5) have, or have experience with, participation in clinical
      research trials;
        (6) provide amputation care and rehabilitation;
        (7) have pain management programs;
        (8) provide comprehensive brain injury rehabilitation; and
        (9) provide comprehensive general rehabilitation.

      (d) Additional Resources. - The Secretary shall provide each
    center designated under this section such resources as the
    Secretary determines to be required by such center to achieve
    adequate capability of managing individuals with complex multi-
    trauma, including - 
        (1) the upgrading of blind rehabilitation services by employing
      or securing the services of blind rehabilitation specialists;
        (2) employing or securing the services of occupational
      therapists with blind rehabilitation training;
        (3) employing or securing the services of additional mental
      health services providers; and
        (4) employing or securing additional rehabilitation nursing
      staff to meet care needs.

      (e) Cooperation With Department of Defense. - (1) The Secretary
    of Veterans Affairs may assist the Secretary of Defense in the care
    of members of the Armed Forces with complex multi-trauma at
    military treatment facilities by - 
        (A) making available, in a manner that the Secretary of
      Veterans Affairs considers appropriate, certified rehabilitation
      registered nurses of the Department of Veterans Affairs to such
      facilities to assess and coordinate the care of such members; and
        (B) making available, in a manner that the Secretary of
      Veterans Affairs considers appropriate, blind rehabilitation
      specialists of the Department of Veterans Affairs to such
      facilities to consult with the medical staff of such facilities
      on the special needs of such members who have visual impairment
      as a consequence of combat injury.

      (2) Assistance shall be provided under this subsection through
    agreements for the sharing of health-care resources under section
    8111 of this title.
      (f) Award of Funding. - Centers designated under this section may
    compete for the award of funding from amounts appropriated for the
    Department for medical and prosthetics research.
      (g) Dissemination of Information. - (1) The Under Secretary for
    Health shall ensure that information produced by the centers
    designated under this section that may be useful for other
    activities of the Veterans Health Administration is disseminated
    throughout the Administration.
      (2) Information shall be disseminated under this subsection
    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.
      (h) National Oversight. - The Under Secretary for Health shall
    designate an appropriate officer to oversee the operation of the
    centers designated under this section and provide for periodic
    evaluation of the centers.
      (i) Authorization of Appropriations. - (1) There are authorized
    to be appropriated to the Department of Veterans Affairs for the
    centers designated under this section amounts as follows:
        (A) $7,000,000 for fiscal year 2005.
        (B) $8,000,000 for each of fiscal years 2006 through 2008.

      (2) In addition to amounts authorized to be appropriated by
    paragraph (1) for a fiscal year, the Under Secretary for Health may
    allocate to each center designated under this section, from other
    funds authorized to be appropriated for such fiscal year for the
    Department generally for medical and for medical and prosthetic
    research, such amounts as the Under Secretary for Health determines
    appropriate to carry out the purposes of this section.

-SOURCE-
    (Added Pub. L. 108-422, title III, Sec. 302(a)(1), Nov. 30, 2004,
    118 Stat. 2383.)

-MISC1-
                          DESIGNATION OF CENTERS                      
      Pub. L. 108-422, title III, Sec. 302(b), Nov. 30, 2004, 118 Stat.
    2385, provided that: "The Secretary of Veterans Affairs shall
    designate the centers for research, education, and clinical
    activities on complex multi-trauma associated with combat injuries
    required by section 7327 of title 38, United States Code (as added
    by subsection (a)), not later than 120 days after the date of the
    enactment of this Act [Nov. 30, 2004]."

-End-

-CITE-
    38 USC Sec. 7328                                            01/03/2007

-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. 7328. Medical 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)) (!1) 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) There are authorized to be appropriated for
    the centers under this section $10,000,000 for each of fiscal years
    2005 through 2007.
      (2) In addition to any amounts appropriated for a fiscal year
    specifically for the activities of the centers pursuant to
    paragraph (1), the Under Secretary for Health shall allocate to the
    centers from other funds appropriated for that fiscal year
    generally for the Department medical care account and the
    Department medical and prosthetic research account such amounts as
    the Under Secretary determines necessary in order to carry out the
    purposes of this section.

-SOURCE-
    (Added Pub. L. 108-422, title III, Sec. 303(c)(1), Nov. 30, 2004,
    118 Stat. 2386.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2811(b) of the Public Health Service Act, referred to in
    subsec. (b)(2), was redesignated section 2812(a) of the Public
    Health Service Act by Pub. L. 109-417, title I, Sec. 102(a)(2),
    title III, Sec. 301(a)(3), Dec. 19, 2006, 120 Stat. 2832, 2853, and
    is classified to section 300hh-11(a) of Title 42, The Public Health
    and Welfare.

-COD-
                               CODIFICATION                           
      The text of subsecs. (a) to (h) of this section consists of the
    text of section 7325(a) to (h) of this title, as duplicated in this
    section by Pub. L. 108-422, Sec. 303(c)(1)(B), which was based on
    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, including the functions of
    the Secretary of Homeland Security and the Under Secretary for
    Emergency Preparedness and Response relating thereto, to the
    Secretary of Health and Human Services, see title III of Pub. L.
    109-295, set out in part as a note under section 300hh-11 of Title
    42, The Public Health and Welfare, and section 301(b) of Pub. L.
    109-417, set out as a note under section 300hh-11 of Title 42.
      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 [now Assistant Secretary for
    Preparedness and Response] relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    former section 313(5) and sections 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-
       ENHANCEMENT OF MEDICAL PREPAREDNESS OF DEPARTMENT OF VETERANS
                                  AFFAIRS
      Pub. L. 108-422, title III, Sec. 303(a), (b), Nov. 30, 2004, 118
    Stat. 2386, provided that:
      "(a) Peer Review Panel. - In order to assist the Secretary of
    Veterans Affairs in selecting facilities of the Department of
    Veterans Affairs to serve as sites for centers under section 7328
    of title 38, United States Code, as added by subsection (c), the
    Secretary shall establish a peer review panel to assess the
    scientific and clinical merit of proposals that are submitted to
    the Secretary for the selection of such facilities. The panel shall
    be established not later than 90 days after the date of the
    enactment of this Act [Nov. 30, 2004] and shall include experts in
    the fields of toxicological research, infectious diseases,
    radiology, clinical care of veterans exposed to such hazards, and
    other persons as determined appropriate by the Secretary. Members
    of the panel shall serve as consultants to the Department of
    Veterans Affairs. Amounts available to the Secretary for Medical
    Care may be used for purposes of carrying out this subsection. The
    panel shall not be subject to the Federal Advisory Committee Act (5
    U.S.C. App.).
      "(b) Proposals. - The Secretary shall solicit proposals for
    designation of facilities as described in subsection (a). The
    announcement of the solicitation of such proposals shall be issued
    not later than 60 days after the date of the enactment of this Act,
    and the deadline for the submission of proposals in response to
    such solicitation shall be not later than 90 days after the date of
    such announcement. The peer review panel established under
    subsection (a) shall complete its review of the proposals and
    submit its recommendations to the Secretary not later than 60 days
    after the date of the deadline for the submission of proposals. The
    Secretary shall then select the four sites for the location of such
    centers not later than 45 days after the date on which the peer
    review panel submits its recommendations to the Secretary."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    38 USC Sec. 7329                                            01/03/2007

-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. 7329. Parkinson's Disease research, education, and clinical
      centers

-STATUTE-
      (a) Establishment of Centers. - (1) The Secretary, upon the
    recommendation of the Under Secretary for Health, shall designate
    not less than six Department health-care facilities as the
    locations for centers of Parkinson's Disease research, education,
    and clinical activities.
      (2) Subject to the availability of appropriations for such
    purpose, the Secretary shall establish and operate centers of
    Parkinson's Disease research, education, and clinical activities
    centers at the locations designated pursuant to paragraph (1).
      (b) Criteria for Designation of Facilities. - (1) In designating
    Department health-care facilities for centers under subsection (a),
    the Secretary, upon the recommendation of the Under Secretary for
    Health, shall assure appropriate geographic distribution of such
    facilities.
      (2) Except as provided in paragraph (3), the Secretary shall
    designate as the location for a center of Parkinson's Disease
    research, education, and clinical activities pursuant to subsection
    (a)(1) each Department health-care facility that as of January 1,
    2005, was operating a Parkinson's Disease research, education, and
    clinical center.
      (3) The Secretary may not under subsection (a) designate a
    facility described in paragraph (2) if (on the recommendation of
    the Under Secretary for Health) the Secretary determines that such
    facility - 
        (A) does not meet the requirements of subsection (c); or
        (B) has not demonstrated - 
          (i) effectiveness in carrying out the established purposes of
        such center; or
          (ii) the potential to carry out such purposes effectively in
        the reasonably foreseeable future.

      (c) Requirements for Designation. - (1) The Secretary may not
    designate a Department 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 that meet the highest competitive standards of scientific
    and clinical merit.
      (2) The Secretary may not designate a Department health-care
    facility as a location for a center under subsection (a) unless 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:
        (A) An arrangement with an accredited medical school that
      provides education and training in neurology and with which the
      Department health-care facility is affiliated under which
      residents receive education and training in innovative diagnosis
      and treatment of chronic neurodegenerative diseases and movement
      disorders, including Parkinson's Disease.
        (B) The ability to attract the participation of scientists who
      are capable of ingenuity and creativity in health-care research
      efforts.
        (C) An advisory committee composed of veterans and appropriate
      health-care and research representatives of the Department health-
      care 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 the center during the period of
      the operation of such center.
        (D) The capability to conduct effectively evaluations of the
      activities of such center.
        (E) The capability to coordinate (as part of an integrated
      national system) education, clinical, and research activities
      within all facilities with such centers.
        (F) The capability to jointly develop a consortium of providers
      with interest in treating neurodegenerative diseases, including
      Parkinson's Disease and other movement disorders, at facilities
      without centers established under subsection (a) in order to
      ensure better access to state-of-the-art diagnosis, care, and
      education for neurodegenerative disorders throughout the health-
      care system of the Department.
        (G) The capability to develop a national repository in the
      health-care system of the Department for the collection of data
      on health services delivered to veterans seeking care for
      neurodegenerative diseases, including Parkinson's Disease, and
      other movement disorders.

      (d) Peer Review Panel. - (1) The Under Secretary for Health shall
    establish a panel to assess the scientific and clinical merit of
    proposals that are submitted to the Secretary for the establishment
    of centers under this section.
      (2)(A) The membership of the panel shall consist of experts in
    neurodegenerative diseases, including Parkinson's Disease and other
    movement disorders.
      (B) Members of the panel shall serve for a period of no longer
    than two years, except as specified in subparagraph (C).
      (C) Of the members first appointed to the panel, one half shall
    be appointed for a period of three years and one half shall be
    appointed for a period of two years, as designated by the Under
    Secretary at the time of appointment.
      (3) The panel shall review each proposal submitted to the panel
    by the Under Secretary and shall submit its views on the relative
    scientific and clinical merit of each such proposal to the Under
    Secretary.
      (4) The panel shall not be subject to the Federal Advisory
    Committee Act.
      (e) Priority of Funding. - Before providing funds for the
    operation of a center designated under subsection (a) at a
    Department health-care facility other than at a facility designated
    pursuant to subsection (b)(2), the Secretary shall ensure that each
    Parkinson's Disease center at a facility designated pursuant to
    subsection (b)(2) is receiving adequate funding to enable that
    center to function effectively in the areas of Parkinson's Disease
    research, education, and clinical activities.
      (f) Authorization of Appropriations. - 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 services account and medical and
    prosthetics research account, as appropriate, such amounts as the
    Under Secretary for Health determines appropriate.
      (g) Award Competitions. - 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. Such activities shall receive priority in the award of
    funding from such account insofar as funds are awarded to projects
    for research in Parkinson's Disease and other movement disorders.

-SOURCE-
    (Added Pub. L. 109-461, title II, Sec. 209(a)(1), Dec. 22, 2006,
    120 Stat. 3413.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      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.

-COD-
                               CODIFICATION                           
      A substantially identical section enacted by Pub. L. 109-444,
    Sec. 6(a)(1), Dec. 21, 2006, 120 Stat. 3308, was repealed by Pub.
    L. 109-461, title X, Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3468,
    set out as a Coordination of Provisions With Pub. L. 109-444 note
    under section 101 of this title.

-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 109-461, title II, Sec. 209(b), Dec. 22, 2006, 120 Stat.
    3418, provided that: "Sections 7329 and 7330 of title 38, United
    States Code, as added by subsection (a), shall take effect at the
    end of the 30-day period beginning on the date of the enactment of
    this Act [Dec. 22, 2006]."
      Pub. L. 109-444, Sec. 6(b), Dec. 21, 2006, 120 Stat. 3312, which
    provided that this section and section 7330 of this title would
    take effect at the end of the 30-day period beginning on Dec. 21,
    2006, was repealed by Pub. L. 109-461, title X, Sec. 1006(b), Dec.
    22, 2006, 120 Stat. 3468, set out as a Coordination of Provisions
    With Pub. L. 109-444 note under section 101 of this title.

-End-

-CITE-
    38 USC Sec. 7330                                            01/03/2007

-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. 7330. Multiple sclerosis centers of excellence

-STATUTE-
      (a) Establishment of Centers. - (1) The Secretary, upon the
    recommendation of the Under Secretary for Health, shall designate
    not less than two Department health-care facilities as the
    locations for multiple sclerosis centers of excellence.
      (2) Subject to the availability of appropriations for such
    purpose, the Secretary shall establish and operate multiple
    sclerosis centers of excellence at the locations designated
    pursuant to paragraph (1).
      (b) Criteria for Designation of Facilities. - (1) In designating
    Department health-care facilities for centers under subsection (a),
    the Secretary, upon the recommendation of the Under Secretary for
    Health, shall assure appropriate geographic distribution of such
    facilities.
      (2) Except as provided in paragraph (3), the Secretary shall
    designate as the location for a center pursuant to subsection
    (a)(1) each Department health-care facility that as of January 1,
    2005, was operating a multiple sclerosis center of excellence.
      (3) The Secretary may not under subsection (a) designate a
    facility described in paragraph (2) if (on the recommendation of
    the Under Secretary for Health) the Secretary determines that such
    facility - 
        (A) does not meet the requirements of subsection (c); or
        (B) has not demonstrated - 
          (i) effectiveness in carrying out the established purposes of
        such center; or
          (ii) the potential to carry out such purposes effectively in
        the reasonably foreseeable future.

      (c) Requirements for Designation. - (1) The Secretary may not
    designate a Department 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 that meet the highest competitive standards of scientific
    and clinical merit.
      (2) The Secretary may not designate a Department health-care
    facility as a location for a center under subsection (a) unless 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:
        (A) An arrangement with an accredited medical school that
      provides education and training in neurology and with which the
      Department health-care facility is affiliated under which
      residents receive education and training in innovative diagnosis
      and treatment of autoimmune diseases affecting the central
      nervous system, including multiple sclerosis.
        (B) The ability to attract the participation of scientists who
      are capable of ingenuity and creativity in health-care research
      efforts.
        (C) An advisory committee composed of veterans and appropriate
      health-care and research representatives of the Department health-
      care 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 the center during the period of
      the operation of such center.
        (D) The capability to conduct effectively evaluations of the
      activities of such center.
        (E) The capability to coordinate (as part of an integrated
      national system) education, clinical, and research activities
      within all facilities with such centers.
        (F) The capability to jointly develop a consortium of providers
      with interest in treating multiple sclerosis at facilities
      without such centers in order to ensure better access to state-of-
      the-art diagnosis, care, and education for autoimmune disease
      affecting the central nervous system throughout the health-care
      system of the Department.
        (G) The capability to develop a national repository in the
      health-care system of the Department for the collection of data
      on health services delivered to veterans seeking care for
      autoimmune disease affecting the central nervous system.

      (d) Peer Review Panel. - (1) The Under Secretary for Health shall
    establish a panel to assess the scientific and clinical merit of
    proposals that are submitted to the Secretary for the establishment
    of centers under this section.
      (2)(A) The membership of the panel shall consist of experts in
    autoimmune disease affecting the central nervous system.
      (B) Members of the panel shall serve for a period of no longer
    than two years, except as specified in subparagraph (C).
      (C) Of the members first appointed to the panel, one half shall
    be appointed for a period of three years and one half shall be
    appointed for a period of two years, as designated by the Under
    Secretary at the time of appointment.
      (3) The panel shall review each proposal submitted to the panel
    by the Under Secretary and shall submit its views on the relative
    scientific and clinical merit of each such proposal to the Under
    Secretary.
      (4) The panel shall not be subject to the Federal Advisory
    Committee Act.
      (e) Priority of Funding. - Before providing funds for the
    operation of a center designated under subsection (a) at a
    Department health-care facility other than at a facility designated
    pursuant to subsection (b)(2), the Secretary shall ensure that each
    multiple sclerosis center at a facility designated pursuant to
    subsection (b)(2) is receiving adequate funding to enable that
    center to function effectively in the areas of multiple sclerosis
    research, education, and clinical activities.
      (f) Authorization of Appropriations. - 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 services account and medical and
    prosthetics research account, as appropriate, such amounts as the
    Under Secretary for Health determines appropriate.
      (g) Award Competitions. - 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. Such activities shall receive priority in the award of
    funding from such account insofar as funds are awarded to projects
    for research in multiple sclerosis and other neurodegenerative
    disorders.

-SOURCE-
    (Added Pub. L. 109-461, title II, Sec. 209(a)(1), Dec. 22, 2006,
    120 Stat. 3416.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      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.

-COD-
                               CODIFICATION                           
      A substantially identical section enacted by Pub. L. 109-444,
    Sec. 6(a)(1), Dec. 21, 2006, 120 Stat. 3310, was repealed by Pub.
    L. 109-461, title X, Sec. 1006(b), Dec. 22, 2006, 120 Stat. 3468,
    set out as a Coordination of Provisions With Pub. L. 109-444 note
    under section 101 of this title.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective at the end of the 30-day period beginning Dec.
    22, 2006, see section 209(b) of Pub. L. 109-461, set out as a note
    under section 7329 of this title.

-End-

-CITE-
    38 USC SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS        01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-
               SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS           

-End-

-CITE-
    38 USC Sec. 7331                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-
    Sec. 7331. Informed consent

-STATUTE-
      The Secretary, upon the recommendation of the Under Secretary for
    Health and pursuant to the provisions of section 7334 of this
    title, shall prescribe regulations establishing procedures to
    ensure that all medical and prosthetic research carried out and, to
    the maximum extent practicable, all patient care furnished under
    this title shall be carried out only with the full and informed
    consent of the patient or subject or, in appropriate cases, a
    representative thereof.

-SOURCE-
    (Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90
    Stat. 2849, Sec. 4131; renumbered Sec. 7331 and amended Pub. L. 102-
    40, title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), May 7,
    1991, 105 Stat. 221, 239; Pub. L. 102-405, title III, Sec.
    302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-405 substituted "Under Secretary for Health"
    for "Chief Medical Director".
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4131
    of this title as this section.
      Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for
    "Administrator".
      Pub. L. 102-40, Sec. 402(d)(1), substituted "7334" for "4134".

                              EFFECTIVE DATE                          
      Subchapter effective Oct. 21, 1976, see section 211 of Pub. L. 94-
    581, set out as an Effective Date of 1976 Amendment note under
    section 111 of this title.

-End-

-CITE-
    38 USC Sec. 7332                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-
    Sec. 7332. Confidentiality of certain medical records

-STATUTE-
      (a)(1) Records of the identity, diagnosis, prognosis, or
    treatment of any patient or subject which are maintained in
    connection with the performance of any program or activity
    (including education, training, treatment, rehabilitation, or
    research) relating to drug abuse, alcoholism or alcohol abuse,
    infection with the human immunodeficiency virus, or sickle cell
    anemia which is carried out by or for the Department under this
    title shall, except as provided in subsections (e) and (f), be
    confidential, and (section 5701 of this title to the contrary
    notwithstanding) such records may be disclosed only for the
    purposes and under the circumstances expressly authorized under
    subsection (b).
      (2) Paragraph (1) prohibits the disclosure to any person or
    entity other than the patient or subject concerned of the fact that
    a special written consent is required in order for such records to
    be disclosed.
      (b)(1) The content of any record referred to in subsection (a)
    may be disclosed by the Secretary in accordance with the prior
    written consent of the patient or subject with respect to whom such
    record is maintained, but only to such extent, under such
    circumstances, and for such purposes as may be allowed in
    regulations prescribed by the Secretary.
      (2) Whether or not any patient or subject, with respect to whom
    any given record referred to in subsection (a) is maintained, gives
    written consent, the content of such record may be disclosed by the
    Secretary as follows:
        (A) To medical personnel to the extent necessary to meet a bona
      fide medical emergency.
        (B) To qualified personnel for the purpose of conducting
      scientific research, management audits, financial audits, or
      program evaluation, but such personnel may not identify, directly
      or indirectly, any individual patient or subject in any report of
      such research, audit, or evaluation, or otherwise disclose
      patient or subject identities in any manner.
        (C)(i) In the case of any record which is maintained in
      connection with the performance of any program or activity
      relating to infection with the human immunodeficiency virus, to a
      Federal, State, or local public-health authority charged under
      Federal or State law with the protection of the public health,
      and to which Federal or State law requires disclosure of such
      record, if a qualified representative of such authority has made
      a written request that such record be provided as required
      pursuant to such law for a purpose authorized by such law.
        (ii) A person to whom a record is disclosed under this
      paragraph may not redisclose or use such record for a purpose
      other than that for which the disclosure was made.
        (D) If authorized by an appropriate order of a court of
      competent jurisdiction granted after application showing good
      cause therefor. In assessing good cause the court shall weigh the
      public interest and the need for disclosure against the injury to
      the patient or subject, to the physician-patient relationship,
      and to the treatment services. Upon the granting of such order,
      the court, in determining the extent to which any disclosure of
      all or any part of any record is necessary, shall impose
      appropriate safeguards against unauthorized disclosure.
        (E) To an entity described in paragraph (1)(B) of section
      5701(k) of this title, but only to the extent authorized by such
      section.

      (3) In the event that the patient or subject who is the subject
    of any record referred to in subsection (a) is deceased, the
    content of any such record may be disclosed by the Secretary only
    upon the prior written request of the next of kin, executor,
    administrator, or other personal representative of such patient or
    subject and only if the Secretary determines that such disclosure
    is necessary for such survivor to obtain benefits to which such
    survivor may be entitled, including the pursuit of legal action,
    but then only to the extent, under such circumstances, and for such
    purposes as may be allowed in regulations prescribed pursuant to
    section 7334 of this title.
      (c) Except as authorized by a court order granted under
    subsection (b)(2)(D), no record referred to in subsection (a) may
    be used to initiate or substantiate any criminal charges against,
    or to conduct any investigation of, a patient or subject.
      (d) The prohibitions of this section shall continue to apply to
    records concerning any person who has been a patient or subject,
    irrespective of whether or when such person ceases to be a patient.
      (e) The prohibitions of this section shall not prevent any
    interchange of records - 
        (1) within and among those components of the Department
      furnishing health care to veterans, or determining eligibility
      for benefits under this title; or
        (2) between such components furnishing health care to veterans
      and the Armed Forces.

      (f)(1) Notwithstanding subsection (a) but subject to paragraph
    (2), a physician or a professional counselor may disclose
    information or records indicating that a patient or subject is
    infected with the human immunodeficiency virus if the disclosure is
    made to (A) the spouse of the patient or subject, or (B) to an
    individual whom the patient or subject has, during the process of
    professional counseling or of testing to determine whether the
    patient or subject is infected with such virus, identified as being
    a sexual partner of such patient or subject.
      (2)(A) A disclosure under paragraph (1) may be made only if the
    physician or counselor, after making reasonable efforts to counsel
    and encourage the patient or subject to provide the information to
    the spouse or sexual partner, reasonably believes that the patient
    or subject will not provide the information to the spouse or sexual
    partner and that the disclosure is necessary to protect the health
    of the spouse or sexual partner.
      (B) A disclosure under such paragraph may be made by a physician
    or counselor other than the physician or counselor referred to in
    subparagraph (A) if such physician or counselor is unavailable by
    reason of absence or termination of employment to make the
    disclosure.
      (g) Any person who violates any provision of this section or any
    regulation issued pursuant to this section shall be fined, in the
    case of a first offense, up to the maximum amount provided under
    section 5701(f) of this title for a first offense under that
    section and, in the case of a subsequent offense, up to the maximum
    amount provided under section 5701(f) of this title for a
    subsequent offense under that section.

-SOURCE-
    (Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90
    Stat. 2849, Sec. 4132; amended Pub. L. 100-322, title I, Sec. 121,
    May 20, 1988, 102 Stat. 502; renumbered Sec. 7332 and amended Pub.
    L. 102-40, title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), (2),
    (4), (5), May 7, 1991, 105 Stat. 221, 239; Pub. L. 109-461, title
    II, Sec. 204(b), Dec. 22, 2006, 120 Stat. 3411.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(2)(E). Pub. L. 109-461 added subpar. (E).
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4132
    of this title as this section.
      Subsec. (a)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this section" after "subsections (e) and (f)" and after "subsection
    (b)".
      Pub. L. 102-40, Sec. 403(a)(2), substituted "Department" for
    "Veterans' Administration".
      Pub. L. 102-40, Sec. 402(d)(1), substituted "5701" for "3301".
      Subsec. (a)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this subsection" after "Paragraph (1)".
      Subsec. (b)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this section" after "subsection (a)".
      Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for
    "Administrator" in two places.
      Subsec. (b)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this section" after "subsection (a)" in introductory provisions.
      Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for
    "Administrator" in introductory provisions.
      Subsec. (b)(3). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this section" after "subsection (a)".
      Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for
    "Administrator" in two places.
      Pub. L. 102-40, Sec. 402(d)(1), substituted "7334" for "4134".
      Subsec. (c). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this
    section" after "subsection (b)(2)(D)" and after "subsection (a)".
      Subsec. (e)(1). Pub. L. 102-40, Sec. 403(a)(2), substituted
    "Department" for "Veterans' Administration".
      Subsec. (f)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this section" after "subsection (a)" and "of this subsection" after
    "paragraph (2)".
      Subsec. (f)(2)(A). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this subsection" after "paragraph (1)".
      Subsec. (f)(2)(B). Pub. L. 102-40, Sec. 403(a)(5), struck out "of
    this paragraph" after "subparagraph (A)".
      Subsec. (g). Pub. L. 102-40, Sec. 402(d)(1), substituted
    "5701(f)" for "3301(f)" in two places.
      1988 - Subsec. (a). Pub. L. 100-322, Sec. 121(a), (e)(1),
    designated existing provisions as par. (1), inserted "infection
    with the human immunodeficiency virus," after "alcohol abuse,",
    substituted "subsections (e) and (f)" for "subsection (e)", and
    added par. (2).
      Subsec. (b)(1). Pub. L. 100-322, Sec. 121(b)(1), struck out
    "pursuant to section 4134 of this title" before period at end.
      Subsec. (b)(2)(C), (D). Pub. L. 100-322, Sec. 121(b)(2), added
    subpar. (C) and redesignated former subpar. (C) as (D).
      Subsec. (c). Pub. L. 100-322, Sec. 121(e)(2), substituted
    "subsection (b)(2)(D)" for "subsection (b)(2)(C)".
      Subsec. (f). Pub. L. 100-322, Sec. 121(c)(2), added subsec. (f).
    Former subsec. (f) redesignated (g).
      Subsec. (g). Pub. L. 100-322, Sec. 121(c)(1), (d), redesignated
    subsec. (f) as (g) and substituted "shall be fined, in the case of
    a first offense, up to the maximum amount provided under section
    3301(f) of this title for a first offense under that section and,
    in the case of a subsequent offense, up to the maximum amount
    provided under section 3301(f) of this title for a subsequent
    offense under that section." for "shall be fined not more than $500
    in the case of a first offense, and not more than $5,000 in the
    case of each subsequent offense".

-End-

-CITE-
    38 USC Sec. 7333                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-
    Sec. 7333. Nondiscrimination against alcohol and drug abusers and
      persons infected with the human immunodeficiency virus

-STATUTE-
      (a) Veterans eligible for treatment under chapter 17 of this
    title who are alcohol or drug abusers or who are infected with the
    human immunodeficiency virus shall not be discriminated against in
    admission or treatment by any Department health-care facility
    solely because of their alcohol or drug abuse or dependency or
    because of their viral infection.
      (b) The Secretary shall prescribe regulations for the enforcement
    of this section. Such regulations, with respect to the admission
    and treatment of such veterans who are alcohol or drug abusers,
    shall be prescribed in accordance with section 7334 of this title.

-SOURCE-
    (Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90
    Stat. 2850, Sec. 4133; amended Pub. L. 100-322, title I, Sec.
    122(a), May 20, 1988, 102 Stat. 503; renumbered Sec. 7333 and
    amended Pub. L. 102-40, title IV, Secs. 401(a)(4)(A), 402(d)(1),
    403(a)(1), (2), May 7, 1991, 105 Stat. 221, 239.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4133
    of this title as this section.
      Subsec. (a). Pub. L. 102-40, Sec. 403(a)(2), substituted
    "Department" for "Veterans' Administration".
      Subsec. (b). Pub. L. 102-40, Secs. 402(d)(1), 403(a)(1),
    substituted "Secretary" for "Administrator" and "7334" for "4134".
      1988 - Pub. L. 100-322 substituted "Nondiscrimination against
    alcohol and drug abusers and persons infected with the human
    immunodeficiency virus" for "Nondiscrimination in the admission of
    alcohol and drug abusers to Veterans' Administration health care
    facilities" as section catchline, and amended text generally. Prior
    to amendment, text read as follows: "Veterans eligible for
    treatment under chapter 17 of this title who are alcohol or drug
    abusers and who are suffering from medical disabilities shall not
    be discriminated against in admission or treatment, solely because
    of their alcohol or drug abuse or dependence, by any Veterans'
    Administration health care facility. The Administrator, pursuant to
    the provisions of section 4134 of this title, shall prescribe
    regulations for the enforcement of this nondiscrimination policy
    with respect to the admission and treatment of such eligible
    veterans who are alcohol or drug abusers."

     RESTRICTION ON TESTING FOR INFECTION WITH HUMAN IMMUNODEFICIENCY
                                   VIRUS
      Section 124 of Pub. L. 100-322, as amended by Pub. L. 102-83,
    Sec. 6(j)(3), Aug. 6, 1991, 105 Stat. 409, provided that:
      "(a) General Rule. - Except as provided in subsection (b), the
    Secretary of Veterans Affairs may not during any fiscal year
    conduct a widespread testing program to determine infection of
    humans with the human immunodeficiency virus unless funds have been
    appropriated to the Department of Veterans Affairs specifically for
    such a program during that fiscal year.
      "(b) Voluntary Testing. - (1) The Secretary shall provide for a
    program under which the Department of Veterans Affairs offers each
    patient to whom the Department is furnishing health care or
    services and who is described in paragraph (2) the opportunity to
    be tested to determine whether such patient is infected with the
    human immunodeficiency virus.
      "(2) Patients referred to in paragraph (1) are - 
        "(A) patients who are receiving treatment for intravenous drug
      abuse,
        "(B) patients who are receiving treatment for a disease
      associated with the human immunodeficiency virus, and
        "(C) patients who are otherwise at high risk for infection with
      such virus.
      "(3) Subject to the consent requirement in paragraph (4) and
    unless medically contraindicated, the test shall be administered to
    each patient requesting to be tested for infection with such virus.
      "(4) A test may not be conducted under this subsection without
    the prior informed and separate written consent of the patient
    tested. The Secretary shall provide pre- and post-test counseling
    regarding the acquired immune deficiency syndrome and the test to
    each patient who is administered the test."

-End-

-CITE-
    38 USC Sec. 7334                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER III - PROTECTION OF PATIENT RIGHTS

-HEAD-
    Sec. 7334. Regulations

-STATUTE-
      (a) Regulations prescribed by the Secretary under section 7331 of
    this title, section 7332 of this title with respect to the
    confidentiality of alcohol and drug abuse medical records, and
    section 7333 of this title with respect to alcohol or drug abusers
    shall, to the maximum extent feasible consistent with other
    provisions of this title, make applicable the regulations described
    in subsection (b) to the conduct of research and to the provision
    of hospital care, nursing home care, domiciliary care, and medical
    services under this title.
      (b) The regulations referred to in subsection (a) are - 
        (1) regulations governing human experimentation and informed
      consent prescribed by the Secretary of Health and Human Services,
      based on the recommendations of the National Commission for the
      Protection of Human Subjects of Biomedical and Behavioral
      Research, established by section 201 of the National Research Act
      (Public Law 93-348; 88 Stat. 348); and
        (2) regulations governing (A) the confidentiality of drug and
      alcohol abuse medical records, and (B) the admission of drug and
      alcohol abusers to private and public hospitals, prescribed
      pursuant to the Comprehensive Alcohol Abuse and Alcoholism
      Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C.
      4551 et seq.) and the Drug Abuse Office and Treatment Act of 1972
      (21 U.S.C. 1101 et seq.).

      (c) Regulations prescribed by the Secretary under sections 7331,
    7332, and 7333 of this title may contain such definitions, and may
    provide for such safeguards and procedures (including procedures
    and criteria for the issuance and scope of court orders under
    section 7332(b)(2)(C) (!1) of this title), as are necessary to
    prevent circumvention or evasion of such regulations or to
    facilitate compliance with such regulations.

      (d) In prescribing and implementing such regulations, the
    Secretary shall, from time to time, consult with the Secretary of
    Health and Human Services and, as appropriate, with the President
    (or the delegate of the President) in order to achieve the maximum
    possible coordination of the regulations, and the implementation of
    the regulations, which they and the Secretary prescribe.

-SOURCE-
    (Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90
    Stat. 2851, Sec. 4134; amended Pub. L. 97-295, Sec. 4(87), Oct. 12,
    1982, 96 Stat. 1312; Pub. L. 100-322, title I, Sec. 122(a), May 20,
    1988, 102 Stat. 504; renumbered Sec. 7334 and amended Pub. L. 102-
    40, title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), (4), May
    7, 1991, 105 Stat. 221, 239.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 201 of the National Research Act, referred to in subsec.
    (b)(1), is section 201 of Pub. L. 93-348, title II, July 12, 1974,
    88 Stat. 348, as amended, which was set out as a note under section
    289l-1 of Title 42, The Public Health and Welfare, and was repealed
    by Pub. L. 95-622, title III, Sec. 302(b), Nov. 9, 1978, 92 Stat.
    3442.
      The Comprehensive Alcohol Abuse and Alcoholism Prevention,
    Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4551 et seq.),
    referred to in subsec. (b)(2), is Pub. L. 91-616, Dec. 31, 1970, 84
    Stat. 1848, as amended, which is classified principally to chapter
    60 (Sec. 4541 et seq.) of Title 42. For complete classification of
    this Act to the Code, see Short Title note set out under section
    4541 of Title 42 and Tables.
      The Drug Abuse Office and Treatment Act of 1972, referred to in
    subsec. (b)(2), which was redesignated the Drug Abuse Prevention,
    Treatment, and Rehabilitation Act, is Pub. L. 92-255, Mar. 21,
    1972, 86 Stat. 65, as amended, which is classified principally to
    chapter 16 (Sec. 1101 et seq.) of Title 21, Food and Drugs. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1101 of Title 21 and Tables.
      Section 7332(b)(2)(C) of this title, referred to in subsec. (c),
    was formerly a reference to section 4132(b)(2)(C) of this title
    which was redesignated section 4132(b)(2)(D) by Pub. L. 100-322,
    title I, Sec. 121(b)(2)(A), May 20, 1988, 102 Stat. 502, and
    subsequently renumbered section 7332(b)(2)(D) by Pub. L. 102-40,
    title IV, Sec. 401(a)(4)(A), May 7, 1991, 105 Stat. 221. The
    reference to section 4132(b)(2)(C) in subsec. (c) was amended to
    reflect the renumbering by Pub. L. 102-40 but not the redesignation
    by Pub. L. 100-322.

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4134
    of this title as this section.
      Subsec. (a). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this
    section" after "subsection (b)".
      Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for
    "Administrator".
      Pub. L. 102-40, Sec. 402(d)(1), substituted "7331" for "4131",
    "7332" for "4132", and "7333" for "4133".
      Subsec. (b). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this
    section" after "subsection (a)" in introductory provisions.
      Subsec. (c). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator".
      Pub. L. 102-40, Sec. 402(d)(1), substituted "7331, 7332, and
    7333" for "4131, 4132, and 4133" and "7332(b)(2)(C)" for
    "4132(b)(2)(C)".
      Subsec. (d). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator" in two places.
      1988 - Pub. L. 100-322 amended section generally, substituting
    provisions consisting of subsecs. (a) to (d) for former provisions
    consisting of subsecs. (a) and (b).
      1982 - Subsec. (a). Pub. L. 97-295 substituted "Health and Human
    Services" for "Health, Education, and Welfare" wherever appearing,
    and substituted "the President (or the delegate of the President)"
    for "the Director of the Office of Drug Abuse Policy (or any
    successor authority)".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    38 USC SUBCHAPTER IV - RESEARCH CORPORATIONS                01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
                   SUBCHAPTER IV - RESEARCH CORPORATIONS               

-MISC1-
                             PRIOR PROVISIONS                         
      A prior subchapter IV of this chapter consisted of sections 4141
    and 4142 prior to amendment by Pub. L. 102-40, title IV, Sec.
    401(c)(1), May 7, 1991, 105 Stat. 238, which struck out the
    subchapter heading "PAY FOR NURSES AND OTHER HEALTH-CARE
    PERSONNEL", renumbered sections 4141 and 4142 as sections 7451 and
    7452 of this title, respectively, and transferred those sections to
    subchapter IV of chapter 74 of this title.
      A prior subchapter V of this chapter consisting of sections 4151
    and 4152, related to quality assurance, prior to repeal by Pub. L.
    102-40, title IV, Sec. 401(a)(2)(A), May 7, 1991, 105 Stat. 210.
    See Prior Provisions notes set out under section 4114 of this
    title.
      A prior subchapter VI of this chapter was redesignated as this
    subchapter.

                                AMENDMENTS                            
      1991 - Pub. L. 102-40, title IV, Sec. 401(a)(2)(B), May 7, 1991,
    105 Stat. 210, redesignated subchapter VI of this chapter as this
    subchapter. For disposition of former subchapter IV of this
    chapter, see Prior Provisions note above.

-End-

-CITE-
    38 USC Sec. 7361                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7361. Authority to establish; status

-STATUTE-
      (a) The Secretary may authorize the establishment at any
    Department medical center of a nonprofit corporation to provide a
    flexible funding mechanism for the conduct of approved research and
    education at the medical center. Except as otherwise required in
    this subchapter or under regulations prescribed by the Secretary,
    any such corporation, and its directors and employees, shall be
    required to comply only with those Federal laws, regulations, and
    executive orders and directives which apply generally to private
    nonprofit corporations. Such a corporation may be established to
    facilitate either research or education or both research and
    education.
      (b) If by the end of the four-year period beginning on the date
    of the establishment of a corporation under this subchapter the
    corporation is not recognized as an entity the income of which is
    exempt from taxation under the Internal Revenue Code of 1986, the
    Secretary shall dissolve the corporation.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102
    Stat. 510, Sec. 4161; renumbered Sec. 7361 and amended Pub. L. 102-
    40, title IV, Secs. 401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105
    Stat. 221, 239; Pub. L. 102-291, Sec. 3(a), May 20, 1992, 106 Stat.
    179; Pub. L. 104-262, title III, Sec. 343(b), Oct. 9, 1996, 110
    Stat. 3207; Pub. L. 106-117, title II, Sec. 204(a), Nov. 30, 1999,
    113 Stat. 1562.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internal Revenue Code of 1986, referred to in subsec. (b), is
    classified generally to Title 26, Internal Revenue Code.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a). Pub. L. 106-117 inserted "and education"
    after "research" and inserted at end "Such a corporation may be
    established to facilitate either research or education or both
    research and education."
      1996 - Subsec. (b). Pub. L. 104-262 struck out "section 501(c)(3)
    of" before "the Internal Revenue Code of 1986".
      1992 - Subsec. (b). Pub. L. 102-291 substituted "four-year
    period" for "three-year period".
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4161
    of this title as this section.
      Subsec. (a). Pub. L. 102-40, Sec. 403(a)(2), substituted
    "Department" for "Veterans' Administration".
      Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for
    "Administrator" in two places.
      Subsec. (b). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 3(c) of Pub. L. 102-291 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and section
    7368 of this title] shall take effect as of October 1, 1991."

      RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING
                               LAPSED PERIOD
      Section 3(d) of Pub. L. 102-291 provided that: "The following
    actions of the Secretary of Veterans Affairs during the period
    beginning on October 1, 1991, and ending on the date of the
    enactment of this Act [May 20, 1992] are hereby ratified:
        "(1) A failure to dissolve a nonprofit corporation established
      under section 7361(a) of title 38, United States Code, that,
      within the three-year period beginning on the date of the
      establishment of the corporation, was not recognized as an entity
      the income of which is exempt from taxation under section
      501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C.
      501(c)(3)].
        "(2) The establishment of a nonprofit corporation for approved
      research under section 7361(a) of title 38, United States Code."

-End-

-CITE-
    38 USC Sec. 7362                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7362. Purpose of corporations

-STATUTE-
      (a) Any corporation established under this subchapter shall be
    established solely to facilitate research as described in section
    7303(a) of this title and education and training as described in
    sections 7302, 7471, 8154, and 1701(6)(B) (!1) of this title in
    conjunction with the applicable Department medical center. Any
    funds received by the Secretary for the conduct of research or
    education at the medical center other than funds appropriated to
    the Department may be transferred to and administered by the
    corporation for these purposes.

      (b) For purposes of this section, the term "education and
    training" means the following:
        (1) In the case of employees of the Veterans Health
      Administration, such term means work-related instruction or other
      learning experiences to - 
          (A) improve performance of current duties;
          (B) assist employees in maintaining or gaining specialized
        proficiencies; and
          (C) expand understanding of advances and changes in patient
        care, technology, and health care administration.

      Such term includes (in the case of such employees) education and
      training conducted as part of a residency or other program
      designed to prepare an individual for an occupation or
      profession.
        (2) In the case of veterans under the care of the Veterans
      Health Administration, such term means instruction or other
      learning experiences related to improving and maintaining the
      health of veterans to patients and to the families and guardians
      of patients.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102
    Stat. 510, Sec. 4162; renumbered Sec. 7362 and amended Pub. L. 102-
    40, title IV, Secs. 401(a)(4)(B), 403(a)(1)-(3), May 7, 1991, 105
    Stat. 221, 239; Pub. L. 106-117, title II, Sec. 204(b), Nov. 30,
    1999, 113 Stat. 1562.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1701(6)(B) of this title, referred to in subsec. (a),
    which related to inclusion of consultation, professional
    counseling, training, and mental health services in definition of
    "medical services", was repealed and a new section 1701(6)(B)
    relating to dental services and appliances was enacted, by Pub. L.
    107-135, title II, Sec. 208(a)(1)(A), (C), Jan. 23, 2002, 115 Stat.
    2461.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-117 designated existing provisions as subsec.
    (a), in first sentence, inserted "and education and training as
    described in sections 7302, 7471, 8154, and 1701(6)(B) of this
    title" after "7303(a) of this title", in second sentence, inserted
    "or education" after "research" and substituted "these purposes"
    for "that purpose", and added subsec. (b).
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4162
    of this title as this section.
      Pub. L. 102-40, Sec. 403(a)(3), substituted "7303(a)" for
    "4101(c)(1)".
      Pub. L. 102-40, Sec. 403(a)(2), substituted "Department" for
    "Veterans' Administration" in two places.
      Pub. L. 102-40, Sec. 403(a)(1), substituted "Secretary" for
    "Administrator".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    38 USC Sec. 7363                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7363. Board of directors; executive director

-STATUTE-
      (a) The Secretary shall provide for the appointment of a board of
    directors for any corporation established under this subchapter.
    The board shall include - 
        (1) the director of the medical center, the chief of staff of
      the medical center, and as appropriate, the assistant chief of
      staff for research for the medical center and the assistant chief
      of staff for education for the medical center, or, in the case of
      a facility at which such positions do not exist, those officials
      who are responsible for carrying out the responsibilities of the
      medical center director, chief of staff, and, as appropriate, the
      assistant chief of staff for research and the assistant chief of
      staff for education; and
        (2) subject to subsection (c), members who are not officers or
      employees of the Federal Government and who are familiar with
      issues involving medical and scientific research or education, as
      appropriate.

      (b) Each such corporation shall have an executive director who
    shall be appointed by the board of directors with the concurrence
    of the Under Secretary for Health of the Department. The executive
    director of a corporation shall be responsible for the operations
    of the corporation and shall have such specific duties and
    responsibilities as the board may prescribe.
      (c) An individual appointed under subsection (a)(2) to the board
    of directors of a corporation established under this subchapter may
    not be affiliated with, employed by, or have any other financial
    relationship with any entity that is a source of funding for
    research or education by the Department unless that source of
    funding is a governmental entity or an entity the income of which
    is exempt from taxation under the Internal Revenue Code of 1986.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102
    Stat. 510, Sec. 4163; renumbered Sec. 7363 and amended Pub. L. 102-
    40, title IV, Secs. 401(a)(4)(B), 403(a)(1), (2), (4), May 7,
    1991, 105 Stat. 221, 239; Pub. L. 102-405, title III, Sec.
    302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104-262, title
    III, Sec. 343(b), Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106-117,
    title II, Sec. 204(c), Nov. 30, 1999, 113 Stat. 1562.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internal Revenue Code of 1986, referred to in subsec. (c), is
    classified generally to Title 26, Internal Revenue Code.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a)(1). Pub. L. 106-117, Sec. 204(c)(1),
    substituted "as appropriate, the assistant chief of staff for
    research for the medical center and the assistant chief of staff
    for education for the medical center, or, in the case of a facility
    at which such positions do not exist, those officials who are
    responsible for carrying out the responsibilities of the medical
    center director, chief of staff, and, as appropriate, the assistant
    chief of staff for research and the assistant chief of staff for
    education; and" for "the assistant chief of staff for research of
    the medical center; and".
      Subsec. (a)(2). Pub. L. 106-117, Sec. 204(c)(2), inserted "or
    education, as appropriate" after "research".
      Subsec. (c). Pub. L. 106-117, Sec. 204(c)(3), inserted "or
    education" after "research".
      1996 - Subsec. (c). Pub. L. 104-262 struck out "section 501(c)(3)
    of" before "the Internal Revenue Code of 1986".
      1992 - Subsec. (b). Pub. L. 102-405 substituted "Under Secretary
    for Health" for "Chief Medical Director".
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4163
    of this title as this section.
      Subsec. (a). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator" in introductory provisions.
      Subsec. (a)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out "of
    this section" after "subsection (c)".
      Subsec. (b). Pub. L. 102-40, Sec. 403(a)(2), substituted
    "Department" for "Veterans' Administration".
      Subsec. (c). Pub. L. 102-40, Sec. 403(a)(4), struck out "of this
    section" after "subsection (a)(2)".
      Pub. L. 102-40, Sec. 403(a)(2), substituted "Department" for
    "Veterans' Administration".

-End-

-CITE-
    38 USC Sec. 7364                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7364. General powers

-STATUTE-
      (a) A corporation established under this subchapter may - 
        (1) accept gifts and grants from, and enter into contracts
      with, individuals and public and private entities solely to carry
      out the purposes of this subchapter; and
        (2) employ such employees as it considers necessary for such
      purposes and fix the compensation of such employees.

      (b) A corporation established under this subchapter may not spend
    funds for a research project unless the project is approved in
    accordance with procedures prescribed by the Under Secretary for
    Health for research carried out with Department funds. Such
    procedures shall include a peer review process.
      (c)(1) A corporation established under this subchapter may not
    spend funds for an education activity unless the activity is
    approved in accordance with procedures prescribed by the Under
    Secretary for Health.
      (2) The Under Secretary for Health shall prescribe policies and
    procedures to guide the expenditure of funds by corporations under
    paragraph (1) consistent with the purpose of such corporations as
    flexible funding mechanisms.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102
    Stat. 511, Sec. 4164; renumbered Sec. 7364 and amended Pub. L. 102-
    40, title IV, Secs. 401(a)(4)(B), 403(a)(2), May 7, 1991, 105
    Stat. 221, 239; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,
    1992, 106 Stat. 1984; Pub. L. 106-117, title II, Sec. 204(d), Nov.
    30, 1999, 113 Stat. 1562.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (c). Pub. L. 106-117 added subsec. (c).
      1992 - Subsec. (b). Pub. L. 102-405 substituted "Under Secretary
    for Health" for "Chief Medical Director".
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4164
    of this title as this section.
      Subsec. (b). Pub. L. 102-40, Sec. 403(a)(2), substituted
    "Department" for "Veterans' Administration".

-End-

-CITE-
    38 USC Sec. 7364A                                           01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7364A. Coverage of employees under certain Federal tort claims
      laws

-STATUTE-
      (a) An employee of a corporation established under this
    subchapter who is described by subsection (b) shall be considered
    an employee of the Government, or a medical care employee of the
    Veterans Health Administration, for purposes of the following
    provisions of law:
        (1) Section 1346(b) of title 28.
        (2) Chapter 171 of title 28.
        (3) Section 7316 of this title.

      (b) An employee described in this subsection is an employee who -
    
        (1) has an appointment with the Department, whether with or
      without compensation;
        (2) is directly or indirectly involved or engaged in research
      or education and training that is approved in accordance with
      procedures established by the Under Secretary for Health for
      research or education and training; and
        (3) performs such duties under the supervision of Department
      personnel.

-SOURCE-
    (Added Pub. L. 108-170, title IV, Sec. 402(a)(1), Dec. 6, 2003, 117
    Stat. 2061.)

-End-

-CITE-
    38 USC Sec. 7365                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7365. Applicable State law

-STATUTE-
      Any corporation established under this subchapter shall be
    established in accordance with the nonprofit corporation laws of
    the State in which the applicable medical center is located and
    shall, to the extent not inconsistent with any Federal law, be
    subject to the laws of such State.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102
    Stat. 511, Sec. 4165; renumbered Sec. 7365, Pub. L. 102-40, title
    IV, Sec. 401(a)(4)(B), May 7, 1991, 105 Stat. 221.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-40 renumbered section 4165 of this title as
    this section.

-End-

-CITE-
    38 USC Sec. 7366                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7366. Accountability and oversight

-STATUTE-
      (a)(1)(A) The records of a corporation established under this
    subchapter shall be available to the Secretary.
      (B) For the purposes of sections 4(a)(1) and 6(a)(1) of the
    Inspector General Act of 1978, the programs and operations of such
    a corporation shall be considered to be programs and operations of
    the Department with respect to which the Inspector General of the
    Department has responsibilities under such Act.
      (2) Such a corporation shall be considered an agency for the
    purposes of section 716 of title 31 (relating to availability of
    information and inspection of records by the Comptroller General).
      (b) Each such corporation shall submit to the Secretary an annual
    report providing a detailed statement of its operations,
    activities, and accomplishments during that year. A corporation
    with revenues in excess of $300,000 for any year shall obtain an
    audit of the corporation for that year. A corporation with annual
    revenues between $10,000 and $300,000 shall obtain an independent
    audit of the corporation at least once every three years. Any audit
    under the preceding sentences shall be performed by an independent
    auditor. The corporation shall include the most recent such audit
    in the corporation's report to the Secretary for that year.
      (c)(1) Each member of the board of directors of a corporation
    established under this subchapter, each employee of such a
    corporation, and each employee of the Department who is involved in
    the functions of the corporation during any year shall be subject
    to Federal laws and regulations applicable to Federal employees
    with respect to conflicts of interest in the performance of
    official functions.
      (2) Each corporation established under this subchapter shall each
    year submit to the Secretary a statement signed by the executive
    director of the corporation verifying that each director and
    employee has certified awareness of the laws and regulations
    referred to in paragraph (1) and of the consequences of violations
    of those laws and regulations in the same manner as Federal
    employees are required to so certify.
      (d) The Secretary shall submit to the Committees on Veterans'
    Affairs of the Senate and House of Representatives an annual report
    on the corporations established under this subchapter. The report
    shall set forth the following information:
        (1) The location of each corporation.
        (2) The amount received by each corporation during the previous
      year, including - 
          (A) the total amount received;
          (B) the amount received from governmental entities for
        research and the amount received from governmental entities for
        education;
          (C) the amount received from all other sources for research
        and the amount received from all other sources for education;
        and
          (D) if an amount received from a source referred to in
        subparagraph (C) exceeded $25,000, information that identifies
        the source.

        (3) The amount expended by each corporation during the year,
      including - 
          (A) the amount expended for salary for research staff, the
        amount expended for salary for education staff, and the amount
        expended for salary for support staff;
          (B) the amount expended for direct support of research and
        the amount expended for direct support of education; and
          (C) if the amount expended with respect to any payee exceeded
        $35,000, information that identifies the payee.

        (4) The amount expended by each corporation during the year for
      travel conducted in conjunction with research and the amount
      expended for travel in conjunction with education.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102
    Stat. 511, Sec. 4166; renumbered Sec. 7366 and amended Pub. L. 102-
    40, title IV, Secs. 401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105
    Stat. 221, 239; Pub. L. 104-262, title III, Sec. 343(c)-(e), Oct.
    9, 1996, 110 Stat. 3207; Pub. L. 106-117, title II, Sec. 204(e),
    Nov. 30, 1999, 113 Stat. 1563; Pub. L. 107-103, title V, Sec.
    509(f), Dec. 27, 2001, 115 Stat. 997; Pub. L. 108-170, title IV,
    Sec. 402(b), Dec. 6, 2003, 117 Stat. 2062.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Inspector General Act of 1978, referred to in subsec.
    (a)(1)(B), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as
    amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-170 inserted "(1)" after "(c)",
    substituted "any year shall be subject" for "any year - (1) shall
    be subject" and "functions." for "functions; and", added par. (2),
    and struck out former par. (2) which read as follows: "shall submit
    to the Secretary a statement signed by the executive director of
    the corporation certifying that each director and employee is aware
    of, and has complied with, such laws and regulations in the same
    manner as Federal employees are required to."
      2001 - Subsec. (d)(2)(D). Pub. L. 107-103 made technical
    correction to directory language of Pub. L. 106-117, Sec.
    204(e)(3). See 1999 Amendment note below.
      1999 - Subsec. (d)(2)(B). Pub. L. 106-117, Sec. 204(e)(1),
    inserted "for research and the amount received from governmental
    entities for education" before the semicolon at end.
      Subsec. (d)(2)(C). Pub. L. 106-117, Sec. 204(e)(2), inserted "for
    research and the amount received from all other sources for
    education" before "; and".
      Subsec. (d)(2)(D). Pub. L. 106-117, Sec. 204(e)(3), as amended by
    Pub. L. 107-103, Sec. 509(f), substituted "an amount received" for
    "the amount received".
      Subsec. (d)(3)(A). Pub. L. 106-117, Sec. 204(e)(4), substituted
    ", the amount expended for salary for education staff, and the
    amount expended" for "and".
      Subsec. (d)(3)(B). Pub. L. 106-117, Sec. 204(e)(5), inserted "and
    the amount expended for direct support of education" after
    "research".
      Subsec. (d)(4). Pub. L. 106-117, Sec. 204(e)(6), added par. (4).
      1996 - Subsec. (b). Pub. L. 104-262, Sec. 343(c), substituted "A
    corporation with revenues in excess of $300,000 for any year shall
    obtain an audit of the corporation for that year. A corporation
    with annual revenues between $10,000 and $300,000 shall obtain an
    independent audit of the corporation at least once every three
    years. Any audit under the preceding sentences shall be performed
    by an independent auditor. The corporation shall include the most
    recent such audit" for "The corporation shall obtain a report of
    independent auditors concerning the receipts and expenditures of
    funds by the corporation during that year and shall include that
    report".
      Subsec. (c)(2). Pub. L. 104-262, Sec. 343(d), substituted "a
    statement signed by the executive director of the corporation
    certifying that each director and" for "an annual statement signed
    by the director or employee certifying that the director or".
      Subsec. (d). Pub. L. 104-262, Sec. 343(e), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "The
    Secretary shall submit to the Committees on Veterans' Affairs of
    the Senate and House of Representatives an annual report on the
    number and location of corporations established and the amount of
    the contributions made to each such corporation."
      1991 - Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4166
    of this title as this section.
      Subsec. (a)(1)(A). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator".
      Subsec. (a)(1)(B). Pub. L. 102-40, Sec. 403(a)(2), substituted
    "Department" for "Veterans' Administration" in two places.
      Subsec. (b). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator" in two places.
      Subsec. (c). Pub. L. 102-40, Sec. 403(a)(2), substituted
    "Department" for "Veterans' Administration" in introductory
    provisions.
      Subsec. (c)(2). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator".
      Subsec. (d). Pub. L. 102-40, Sec. 403(a)(1), substituted
    "Secretary" for "Administrator".

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-103, title V, Sec. 509(f), Dec. 27, 2001, 115 Stat.
    997, provided that the amendment made by section 509(f) is
    effective Nov. 30, 1999, and as if included in Pub. L. 106-117 as
    originally enacted.

-End-

-CITE-
    38 USC Sec. 7367                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7367. Repealed.

-MISC1-
    [Sec. 7367. Repealed. Pub. L. 107-14, Sec. 8(a)(14)(A), June 5,
      2001, 115 Stat. 35].
      Section, added Pub. L. 100-322, title II, Sec. 204(a), May 20,
    1988, 102 Stat. 512, Sec. 4167; renumbered Sec. 7367 and amended
    Pub. L. 102-40, title IV, Secs. 401(a)(4)(B), 403(a)(1), May 7,
    1991, 105 Stat. 221, 239, required a report to Congress on the
    experience through the end of fiscal year 1990 under this
    subchapter.

-End-

-CITE-
    38 USC Sec. 7368                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 73 - VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
                  FUNCTIONS                       
    SUBCHAPTER IV - RESEARCH CORPORATIONS

-HEAD-
    Sec. 7368. Expiration of authority

-STATUTE-
      No corporation may be established under this subchapter after
    December 31, 2008.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102
    Stat. 512, Sec. 4168; renumbered Sec. 7368, Pub. L. 102-40, title
    IV, Sec. 401(a)(4)(B), May 7, 1991, 105 Stat. 221; amended Pub. L.
    102-291, Sec. 3(b), May 20, 1992, 106 Stat. 179; Pub. L. 104-262,
    title III, Sec. 343(a), Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106-
    419, title IV, Sec. 402(g), Nov. 1, 2000, 114 Stat. 1863; Pub. L.
    108-170, title IV, Sec. 402(c), Dec. 6, 2003, 117 Stat. 2062.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-170 substituted "December 31, 2008" for
    "December 31, 2003".
      2000 - Pub. L. 106-419 substituted "December 31, 2003" for
    "December 31, 2000".
      1996 - Pub. L. 104-262 substituted "December 31, 2000" for
    "December 31, 1992".
      1992 - Pub. L. 102-291 substituted "December 31, 1992" for
    "September 30, 1991".
      1991 - Pub. L. 102-40 renumbered section 4168 of this title as
    this section.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-291 effective Oct. 1, 1991, see section
    3(c) of Pub. L. 102-291, set out as a note under section 7361 of
    this title.

-End-