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38 U.S.C. § 7306 — Office of the Under Secretary for Health

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7306 — Office of the Under Secretary for Health

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Source file: Laws/federal/codes/united-states-code/title-38/section-7306-office-of-the-under-secretary-for-health--d2ac6edf0a.md
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Source location: Title 38, Chapter 73, § 7306; chapter-073-veterans-health-administration-organization-and-functions.md

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**(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, 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 Director of Physician Assistant Services, who shall— (A) serve in a full-time capacity at the Central Office of the Department; (B) be a qualified physician assistant; and (C) be responsible and report directly to the Chief Patient Care Services Officer of the Veterans Health Administration on all matters relating to the education and training, employment, appropriate use, and optimal participation of physician assistants within the programs and initiatives of the Administration. (10) A Podiatric Medical Director, who shall be a qualified doctor of podiatric medicine and who shall be responsible to the Under Secretary for Health for the operation of the Podiatric Service. (11) The Chief Officer of Women’s Health. (12) Such other personnel as may be authorized by this chapter. **(b)** Appointments under subsection (a) shall be made by the Secretary. In the case of appointments under paragraphs (1), (2), (3), (4), (8), and (10) of that subsection, such appointments shall be made upon the recommendation of the Under Secretary for Health. **(c)** Except as provided in subsection (d)— (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. **(d)** (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. **(e)** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1712a&num=0&edition=prelim); and (2) with respect to the programs established under [section 1712A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1712a&num=0&edition=prelim), a clinician with appropriate expertise in those programs is responsible to the Under Secretary for the management of those programs. **(f)** For purposes of applying any provision of chapter 74 of this title, including sections 7404, 7410, and 7421, or any other provision of law, the Secretary may treat any appointment for a position under this chapter to be an appointment under this section.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4103 — Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel

**(a) Directors and Assistant Directors.—** (1) The Secretary shall assign to each State a representative of the Veterans’ Employment and Training Service to serve as the Director for Veterans’ Employment and Training, and shall assign full-time Federal clerical or other support personnel to each such Director. (2) (A) Each Director for Veterans’ Employment and Training for a State shall, at the time of appointment, have been a bona fide resident of the State for at least two years. (B) The Secretary may waive the requirement in subparagraph (A) with respect to a Director for Veterans’ Employment and Training if the Secretary determines that the waiver is in the public interest. Any such waiver shall be made on a case-by-case basis. (3) Full-time Federal clerical or other support personnel assigned to Directors for Veterans’ Employment and Training shall be appointed in accordance with the provisions of title 5 governing appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5. **(b) Additional Federal Personnel.—** The Secretary may also assign as supervisory personnel such representatives of the Veterans’ Employment and Training Service as the Secretary determines appropriate to carry out the employment, training, and placement services required under this chapter, including Assistant Directors for Veterans’ Employment and Training. **(c) Coordination With State Departments of Labor and Veterans Affairs.—** Each Director for Veterans’ Employment and Training for a State shall coordinate the Director’s activities under this chapter with the State department of labor and the State department of veterans affairs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4103

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7401 — Appointments in Veterans Health Administration

There may be appointed by the Secretary such personnel as the Secretary may find necessary for the health care of veterans (in addition to those in the Office of the Under Secretary for Health appointed under [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim)), as follows: (1) Physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. (2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians. (3) Audiologists, licensed hearing aid specialists, speech pathologists, and audiologist-speech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, nurse assistants, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical technologists, dental hygienists, dental assistants, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technologists, therapeutic radiologic technologists, social workers, marriage and family therapists, licensed professional mental health counselors, blind rehabilitation specialists, blind rehabilitation outpatient specialists, statisticians, economists, informaticists, data scientists, and and 11 So in original. such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the followin

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7401

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7410 — Additional pay authorities

**(a) In General.—** (1) The Secretary may authorize the Under Secretary for Health to pay advance payments, recruitment or relocation bonuses, and retention allowances to personnel appointed under [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim) or [section 7401(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/4&num=0&edition=prelim), or personnel described in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim),,11 So in original. or interview expenses to candidates for appointment as such personnel, in a manner consistent with the authority provided under sections 5524a, 5706b, 5753, and 5754 of title 5. (2) Payments under paragraph (1) shall not be considered in calculating the limitation under [section 7431(e)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7431/e/4&num=0&edition=prelim). **(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 co

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7410

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7425 — Employees: laws not applicable

**(a)** Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law: (1) Section 413 of the Civil Service Reform Act of 1978. (2) Subchapter II of chapter 31 of title 5. (3) Subchapter VIII of chapter 33 of title 5. (4) Subchapter V of chapter 35 of title 5. (5) Subchapter II of chapter 43 of title 5. (6) [Section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). (7) Subchapter VIII of chapter 53 of title 5. (8) Subchapter V of chapter 75 of title 5. **(b)** Except as provided in subsection (c), and notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim) or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified. **(c)** Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapt

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7425

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5724 — Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis

**(a)** Under regulations prescribed under [section 5738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5738&num=0&edition=prelim) and when the head of the agency concerned or his designee authorizes or approves, the agency shall pay from Government funds— (1) the travel expenses of an employee transferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his immediate family, or a commutation thereof under [section 5704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5704&num=0&edition=prelim); (2) the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking his household goods and personal effects not in excess of 18,000 pounds net weight; and (3) upon the separation (or death in service) of a career appointee, as defined in [section 3132(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/4&num=0&edition=prelim), the travel expenses of that individual (if applicable), the transportation expenses of the immediate family of such individual, and the expenses of moving (including transporting, packing, crating, temporarily storing, draying, and unpacking) the household goods of such individual and personal effects not in excess of eighteen thousand pounds net weight, to the place where the individual will reside (or, in the case of a career appointee who dies in service or who dies after separating but before the travel, transportation, and moving is completed, to the place where the family will reside) within the United States, if such individual— (A) during or after the five years preceding eligibility to receive a

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5724

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7306 — Office of the Under Secretary for Health

Page 1162 TITLE 38—VETERANS’ BENEFITS § 7304 ‘‘(2) establish a process to modify existing approv- als in the event that a commercial institutional re- view board loses its accreditation during an ongoing clinical trial. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than 90 days after the completion of the policy revisions under subsection (a), and annually thereafter, the Secretary shall sub- mit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on all approvals of institutional review boards used by the Department, including central institutional review boards and commercial institutional review boards. ‘‘(2) ELEMENTS.—The report required by paragraph (1) shall include, at a minimum, the following: ‘‘(A) The name of each clinical trial with respect to which the use of an institutional review board has been approved. ‘‘(B) The institutional review board or institu- tional review boards used in the approval process for each clinical trial. ‘‘(C) The amount of time between submission and approval.’’ APPLICABILITY TO FISCAL YEAR 2002 Pub. L. 107–135, title II, § 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 fis- cal year. POST-TRAUMATIC STRESS DISORDER RESEARCH Pub. L. 102–405, title I, § 122(a), Oct. 9, 1992, 106 Stat. 1981, 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) t

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7306

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