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38 U.S.C. § 305 — Under Secretary for Health

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

38 U.S.C. § 305 — Under Secretary for Health

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Source location: Title 38, Chapter 3, § 305; chapter-003-department-of-veterans-affairs.md

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**(a)** (1) There is in the Department an Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate. (2) The Under Secretary for Health shall be appointed without regard to political affiliation or activity and solely— (A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, or in health-care fiscal management; and (B) on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope. **(b)** The Under Secretary for Health is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration. **(c)** (1) Whenever a vacancy in the position of Under Secretary for Health occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: (A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration. (B) Two persons representing veterans served by the Veterans Health Administration. (C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope. (D) The Deputy Secretary of Veterans Affairs. (E) The Chairman of the Special Medical Advisory Group established under [section 7312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7312&num=0&edition=prelim). (F) One person who has held the position of Under Secretary for Health (including service as Chief Medical Director of the Veterans’ Administration), if the Secretary determines that it is desirable for such person to be a member of the commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Health. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

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

38 U.S.C. § 7312 — Special medical advisory group

**(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.

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

42 U.S.C. § 285b–7 — National Center on Sleep Disorders Research

**(a) Establishment** Not later than 1 year after June 10, 1993, the Director of the Institute shall establish the National Center on Sleep Disorders Research (in this section referred to as the “Center”). The Center shall be headed by a director, who shall be appointed by the Director of the Institute. **(b) Purpose** The general purpose of the Center is— (1) the conduct and support of research, training, health information dissemination, and other activities with respect to sleep disorders, including biological and circadian rhythm research, basic understanding of sleep, chronobiological and other sleep related research; and (2) to coordinate the activities of the Center with similar activities of other Federal agencies, including the other agencies of the National Institutes of Health, and similar activities of other public entities and nonprofit entities. **(c) Sleep Disorders Research Advisory Board** (1) The Director of the National Institutes of Health shall establish a board to be known as the Sleep Disorders Research Advisory Board (in this section referred to as the “Advisory Board”). (2) The Advisory Board shall advise, assist, consult with, and make recommendations to the Director of the National Institutes of Health, through the Director of the Institute, and the Director of the Center concerning matters relating to the scientific activities carried out by and through the Center and the policies respecting such activities, including recommendations with respect to the plan required in subsection (c).11 So in original. Probably should be subsection “(d)”. (3) (A) The Director of the National Institutes of Health shall appoint to the Advisory Board 12 appropriately qualified representatives of the public who are not officers or employees of the Fede

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

42 U.S.C. § 294o — Advisory Council on Graduate Medical Education

**(a) Establishment; duties** There is established the Council on Graduate Medical Education (in this section referred to as the “Council”). The Council shall— (1) make recommendations to the Secretary of Health and Human Services (in this section referred to as the “Secretary”), and to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with respect to— (A) the supply and distribution of physicians in the United States; (B) current and future shortages or excesses of physicians in medical and surgical specialties and subspecialties; (C) issues relating to foreign medical school graduates; (D) appropriate Federal policies with respect to the matters specified in subparagraphs (A), (B), and (C), including policies concerning changes in the financing of undergraduate and graduate medical education programs and changes in the types of medical education training in graduate medical education programs; (E) appropriate efforts to be carried out by hospitals, schools of medicine, schools of osteopathic medicine, and accrediting bodies with respect to the matters specified in subparagraphs (A), (B), and (C), including efforts for changes in undergraduate and graduate medical education programs; and (F) deficiencies in, and needs for improvements in, existing data bases concerning the supply and distribution of, and postgraduate training programs for, physicians in the United States and steps that should be taken to eliminate those deficiencies; (2) encourage entities providing graduate medical education to conduct activities to voluntarily achieve the recommendations of the Council under paragraph (1)(E); (3) develop, publish, and implement performance measures for

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

38 U.S.C. § 305 — Under Secretary for Health

Page 61 TITLE 38—VETERANS’ BENEFITS § 305 § 304. Deputy Secretary of Veterans Affairs There is in the Department a Deputy Sec- retary of Veterans Affairs, who is appointed by the President, by and with the advice and con- sent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates an- other officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the of- fice of Secretary. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 210(d) of this title and in section 3(a) of Pub. L. 100–527, known as the Department of Vet- erans Affairs Act, prior to repeal by Pub. L. 102–83, §§ 2(a), 3(3). Executive Documents ORDER OF SUCCESSION For order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Sec- retary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under section 3345 of Title 5, Govern- ment Organization and Employees. § 305. Under Secretary for Health (a)(1) There is in the Department an Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate. (2) The Under Secretary for Health shall be ap- pointed without regard to political affiliation or activity and solely— (A) on the basis of demonstrated ability in the medical profession, in health-care admin- istration and policy formulation, or in health- care fiscal management; and (B) on the basis of substantial experience in c

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