dreamproit/uscode huggingface dataset:
38 U.S.C. § 7322 (VETERANS’ BENEFITS)
§ 7322. Breast cancer mammography policy
(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.
(Added Pub. L. 105–114, title II, § 208(a)(1), Nov. 21, 1997, 111 Stat. 2289.)
heading: Effective Date
text: Pub. L. 105–114, title II, § 208(b), Nov. 21, 1997, 111 Stat. 2289, 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.”
heading: Sense of Congress
text: Pub. L. 105–114, title II, § 208(c), Nov. 21, 1997, 111 Stat. 2290, 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.”
38 U.S.C. § 7323 (VETERANS’ BENEFITS)
§ 7323. Required consultations with nurses
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.
(Added Pub. L. 106–419, title II, § 201(b)(1), Nov. 1, 2000, 114 Stat. 1840.)
38 U.S.C. § 7324 (VETERANS’ BENEFITS)
§ 7324. Annual report on use of authorities to enhance retention of experienced nurses
(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.
(Added Pub. L. 107–135, title I, § 125(a)(1), Jan. 23, 2002, 115 Stat. 2452.)
heading: Initial Report
text: Pub. L. 107–135, title I, § 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.
38 U.S.C. § 7326 (VETERANS’ BENEFITS)
§ 7326. Education and training programs on medical response to consequences of terrorist activities
(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 Hebért 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.
(Added Pub. L. 107–287, § 3(a)(1), Nov. 7, 2002, 116 Stat. 2027.)
heading: Implementation
text: Pub. L. 107–287, § 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].”
38 U.S.C. § 7331 (VETERANS’ BENEFITS)
§ 7331. Informed consent
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.
(Added Pub. L. 94–581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2849, § 4131; renumbered § 7331 and amended Pub. L. 102–40, title IV, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), May 7, 1991, 105 Stat. 221, 239; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Amendments
text: 1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.
1991—Pub. L. 102–40, § 401(a)(4)(A), renumbered section 4131 of this title as this section.
Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator”.
Pub. L. 102–40, § 402(d)(1), substituted “7334” for “4134”.
heading: Effective Date
text: 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.
38 U.S.C. § 7333 (VETERANS’ BENEFITS)
§ 7333. Nondiscrimination against alcohol and drug abusers and persons infected with the human immunodeficiency virus
(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.
(Added Pub. L. 94–581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2850, § 4133; amended Pub. L. 100–322, title I, § 122(a), May 20, 1988, 102 Stat. 503; renumbered § 7333 and amended Pub. L. 102–40, title IV, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), May 7, 1991, 105 Stat. 221, 239.)
heading: Amendments
text: 1991—Pub. L. 102–40, § 401(a)(4)(A), renumbered section 4133 of this title as this section.
Subsec. (a). Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”.
Subsec. (b). Pub. L. 102–40, §§ 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.”
heading: Restriction on Testing for Infection With Human Immunodeficiency Virus
text: Pub. L. 100–322, title I, § 124, May 20, 1988, 102 Stat. 505, as amended by Pub. L. 102–83, § 6(j)(3), Aug. 6, 1991, 105 Stat. 409, provided that the Secretary of Veterans Affairs could not conduct a widespread program to test for the human immunodeficiency virus unless funds for the program were appropriated, with an exception for voluntary testing, prior to repeal by Pub. L. 110–387, title IV, § 407, Oct. 10, 2008, 122 Stat. 4130.
38 U.S.C. § 7365 (VETERANS’ BENEFITS)
§ 7365. Coverage of employees under certain Federal tort claims laws
(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.
(Added Pub. L. 108–170, title IV, § 402(a)(1), Dec. 6, 2003, 117 Stat. 2061, § 7364A; renumbered § 7365, Pub. L. 111–163, title VIII, § 805(a), May 5, 2010, 124 Stat. 1179.)
heading: Prior Provisions
text: A prior section 7365, added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 511, § 4165; renumbered § 7365, Pub. L. 102–40, title IV, § 401(a)(4)(B), May 7, 1991, 105 Stat. 221, which required any corporation established under this subchapter to be subject to applicable State law, was repealed by Pub. L. 111–163, title VIII, § 801(b)(2), May 5, 2010, 124 Stat. 1176.
heading: Amendments
text: 2010—Pub. L. 111–163 renumbered section 7364A of this title as this section.
38 U.S.C. § 7367 (VETERANS’ BENEFITS)
[§ 7367. Repealed. Pub. L. 107–14, § 8(a)(14)(A), June 5, 2001, 115 Stat. 35]
text: Section, added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 512, § 4167; renumbered § 7367 and amended Pub. L. 102–40, title IV, §§ 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.
38 U.S.C. § 7368 (VETERANS’ BENEFITS)
[§ 7368. Repealed. Pub. L. 110–387, title VIII, § 806(a), Oct. 10, 2008, 122 Stat. 4141]
text: Section, added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 512, § 4168; renumbered § 7368, Pub. L. 102–40, title IV, § 401(a)(4)(B), May 7, 1991, 105 Stat. 221; amended Pub. L. 102–291, § 3(b), May 20, 1992, 106 Stat. 179; Pub. L. 104–262, title III, § 343(a), Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106–419, title IV, § 402(g), Nov. 1, 2000, 114 Stat. 1863; Pub. L. 108–170, title IV, § 402(c), Dec. 6, 2003, 117 Stat. 2062, related to the expiration of authority for corporations to be established under this subchapter.
38 U.S.C. § 7408 (VETERANS’ BENEFITS)
§ 7408. Appointment of additional employees
(a) There shall be appointed by the Secretary under civil service laws, rules, and regulations, such additional employees, other than those provided in section 7306 and paragraphs (1) and (3) of section 7401 of this title and those specified in sections 7405 and 7406 of this title, as may be necessary to carry out the provisions of this chapter.
(b) The Secretary, after considering an individual’s existing pay, higher or unique qualifications, or the special needs of the Department, may appoint the individual to a position in the Administration providing direct patient-care services or services incident to direct patient-services at a rate of pay above the minimum rate of the appropriate grade.
(Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 103–446, title XII, § 1201(e)(21), Nov. 2, 1994, 108 Stat. 4686.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 4111 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–446 substituted “civil service” for “civil-service”.
38 U.S.C. § 7409 (VETERANS’ BENEFITS)
§ 7409. Contracts for scarce medical specialist services
(a) The Secretary may enter into contracts with institutions and persons described in subsection (b) to provide scarce medical specialist services at Department facilities. Such services may include the services of physicians, dentists, podiatrists, optometrists, chiropractors, nurses, physician assistants, expanded-function dental auxiliaries, technicians, and other medical support personnel.
(b) Institutions and persons with whom the Secretary may enter into contracts under subsection (a) are the following:
(1) Schools and colleges of medicine, osteopathy, dentistry, podiatry, optometry, and nursing.
(2) Clinics.
(3) Any other group or individual capable of furnishing such scarce medical specialist services.
(Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 108–170, title III, § 302(f), Dec. 6, 2003, 117 Stat. 2058.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 4117 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.
heading: Amendments
text: 2003—Subsec. (a). Pub. L. 108–170 inserted “chiropractors,” after “optometrists,” in second sentence.
heading: Effective Date of 2003 Amendment
text: Amendment by Pub. L. 108–170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108–170, set out as a note under section 7316 of this title.
38 U.S.C. § 7410 (VETERANS’ BENEFITS)
§ 7410. Additional pay authorities
(a) In General.—
The Secretary may authorize the Under Secretary for Health to pay advance payments, recruitment or relocation bonuses, and retention allowances to the personnel described in paragraph (1) of section 7401 of this title, or interview expenses to candidates for appointment as such personnel, in the same manner, and subject to the same limitations, as in the case of the authority provided under sections 5524a, 5706b, 5753, and 5754 of title 5.
(b) Special Incentive Pay for Department Pharmacist Executives.—
(1) In order to recruit and retain highly qualified Department pharmacist executives, the Secretary may authorize the Under Secretary for Health to pay special incentive pay of not more than $40,000 per year to an individual of the Veterans Health Administration who is a pharmacist executive.
(2) In determining whether and how much special pay to provide to such individual, the Under Secretary shall consider the following:
(A) The grade and step of the position of the individual.
(B) The scope and complexity of the position of the individual.
(C) The personal qualifications of the individual.
(D) The characteristics of the labor market concerned.
(E) Such other factors as the Secretary considers appropriate.
(3) Special incentive pay under paragraph (1) for an individual is in addition to all other pay (including basic pay) and allowances to which the individual is entitled.
(4) Except as provided in paragraph (5), special incentive pay under paragraph (1) for an individual shall be considered basic pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5, and other benefits.
(5) Special incentive pay under paragraph (1) for an individual shall not be considered basic pay for purposes of adverse actions under subchapter V of this chapter.
(6) Special incentive pay under paragraph (1) may not be awarded to an individual in an amount that would result in an aggregate amount of pay (including bonuses and awards) received by such individual in a year under this title that is greater than the annual pay of the President.
(Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 198; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 111–163, title VI, § 601(e), May 5, 2010, 124 Stat. 1169.)
heading: Amendments
text: 2010—Pub. L. 111–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.
38 U.S.C. § 7411 (VETERANS’ BENEFITS)
§ 7411. Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses
The Secretary shall reimburse any full-time board-certified physician or dentist appointed under section 7401(1) of this title for expenses incurred, up to $1,000 per year, for continuing professional education.
(Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 199.)
heading: Effective Date
text: Pub. L. 102–40, title I, § 103(b), May 7, 1991, 105 Stat. 199, provided that: “Section 7411 of title 38, United States Code, as added by subsection (a), shall apply with respect to expenses incurred for continuing professional education that is pursued after September 30, 1991.”
38 U.S.C. § 7421 (VETERANS’ BENEFITS)
§ 7421. Personnel administration: in general
(a) Notwithstanding any law, Executive order, or regulation, the Secretary shall prescribe by regulation the hours and conditions of employment and leaves of absence of employees appointed under any provision of this chapter in positions in the Veterans Health Administration listed in subsection (b).
(b) Subsection (a) refers to the following positions:
(1) Physicians.
(2) Dentists.
(3) Podiatrists.
(4) Optometrists.
(5) Registered nurses.
(6) Physician assistants.
(7) Expanded-duty dental auxiliaries.
(8) Chiropractors.
(Added Pub. L. 102–40, title II, § 202, May 7, 1991, 105 Stat. 200; amended Pub. L. 108–170, title III, § 302(g), Dec. 6, 2003, 117 Stat. 2058.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 4108(a) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.
heading: Amendments
text: 2003—Subsec. (b)(8). Pub. L. 108–170 added par. (8).
heading: Effective Date of 2003 Amendment
text: Amendment by Pub. L. 108–170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108–170, set out as a note under section 7316 of this title.
heading: Preservation of Existing Collective-Bargaining Arrangements and Pending Actions
text: Pub. L. 102–40, title II, § 205, May 7, 1991, 105 Stat. 207, provided that:
“(a) Existing Collective-Bargaining Arrangements.—
Any determination under chapter 71 of title 5, United States Code, of a collective bargaining unit within the Veterans Health Administration of the Department of Veterans Affairs, and any recognition under that chapter of an employee labor organization as the exclusive bargaining representative for employees in a collective bargaining unit of the Department of Veterans Affairs, that is in effect on the date of the enactment of this Act [May 7, 1991] shall not be affected by the amendments made by this Act [see Tables for classification] and shall continue in effect in accordance with the terms of such determination or regulation.
“(b) Pending Cases.—
With respect to cases pending on the date of the enactment of this Act [May 7, 1991], or those cases which are brought before the establishment of either an administrative grievance procedure pursuant to section 7463 of title 38, United States Code (as added by the amendments made by this title), or a negotiated grievance procedure established under a collective bargaining agreement, such cases shall proceed in the same manner as they would have if this Act [see Tables for classification] had not been enacted.”