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38 U.S.C. § 7303 — Functions of Veterans Health Administration: research programs

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

38 U.S.C. § 7303 — Functions of Veterans Health Administration: research programs

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Stable record: federal_law:legal_authorities:record_usc_d10185fab223d6d6b78bc615
Source file: Laws/federal/codes/united-states-code/title-38/section-7303-functions-of-veterans-health-administration-research-programs--ec296898ac.md
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Source location: Title 38, Chapter 73, § 7303; chapter-073-veterans-health-administration-organization-and-functions.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7302/d&num=0&edition=prelim). **(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).

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

38 U.S.C. § 1710 — Eligibility for hospital, nursing home, and domiciliary care

**(a)** (1) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services which the Secretary determines to be needed— (A) to any veteran for a service-connected disability; and (B) to any veteran who has a service-connected disability rated at 50 percent or more. (2) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed to any veteran— (A) who has a compensable service-connected disability rated less than 50 percent or, with respect to nursing home care during any period during which the provisions of [section 1710A(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710A/a&num=0&edition=prelim) are in effect, a compensable service-connected disability rated less than 70 percent; (B) whose discharge or release from active military, naval, air, or space service was for a disability that was incurred or aggravated in the line of duty; (C) who is in receipt of, or who, but for a suspension pursuant to [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1151&num=0&edition=prelim) (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment or settlement provided for in such section; (D) who is a former prisoner of war, who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14, or who was awarded the Purple Heart; (E) who is a veteran of— (i) the Mexican border period; (

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1710

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

38 U.S.C. § 3904 — Research and development

**(a)** In carrying out medical and prosthetic research under [section 7303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7303&num=0&edition=prelim), the Secretary, through the Under Secretary for Health, shall provide for special emphasis on the research and development of adaptive equipment and adapted conveyances (including vans) meeting standards of safety and quality prescribed under subsection (d) of section 3903, including support for the production and distribution of devices and conveyances so developed. **(b)** In carrying out subsection (a) of this section, the Secretary, through the Under Secretary for Health, 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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3904

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

38 U.S.C. § 7317 — Hazardous research projects: indemnification of contractors

**(a)** (1) With the approval of the Secretary, any contract or research authorized by [section 7303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7303&num=0&edition=prelim), 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 Secr

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7317

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

38 U.S.C. § 7382 — Research personnel

**(a) Waiver of Intergovernmental Personnel Act Mobility Program Limits.—** The Secretary may waive the limit on the period and number of assignments required under [section 3372(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3372/a&num=0&edition=prelim) with respect to an individual who performs research for the Department under the mobility program under subchapter VI of chapter 33 of such title (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”). **(b) Outside Earned Income for Research for the Department.—** (1) Compensation from a nonprofit corporation established under subchapter IV of this chapter, or a university affiliated with the Department, may be paid, without regard to [section 209 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section209&num=0&edition=prelim), to an employee described in paragraph (2), for research conducted pursuant to [section 7303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7303&num=0&edition=prelim) if— (A) the research has been approved in accordance with procedures prescribed by the Under Secretary for Health; (B) the employee conducts research under the supervision of personnel of the Department; and (C) the Secretary agreed to the terms of such compensation in writing. (2) An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7382

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

38 U.S.C. § 7303 — Functions of Veterans Health Administra-

Page 1160 TITLE 38—VETERANS’ BENEFITS § 7303 ‘‘(A) The ratio of veterans to health care pro- viders of the Department for a standardized geo- graphic area surrounding a facility, including a sep- arate ratio for general practitioners and specialists. ‘‘(B) The range of clinical specialties of providers in standardized geographic areas surrounding a fa- cility. ‘‘(C) Whether the specialty of a provider is in- cluded in the most recent staffing shortage deter- mination of the Department under section 7412 of title 38, United States Code. ‘‘(D) Whether the local community is designated by the Secretary of Veterans Affairs as underserved pursuant to criteria developed under section 401 of this Act [38 U.S.C. 8110 note]. ‘‘(E) Whether the facility is located in a commu- nity that is designated by the Secretary of Health and Human Services as a health professional short- age area under section 332 of the Public Health Service Act (42 U.S.C. 254e). ‘‘(F) Whether the facility is located in a rural or remote area. ‘‘(G) Such other criteria as the Secretary con- siders important in determining which facilities are not adequately serving area veterans. ‘‘(5) PRIORITY IN PLACEMENTS.—During the pilot pro- gram under this section, the Secretary shall place no fewer than 100 residents in covered facilities— ‘‘(A) operated by the Indian Health Service; ‘‘(B) operated by an Indian tribe; ‘‘(C) operated by a tribal organization; or ‘‘(D) located in communities designated by the Secretary as underserved pursuant to criteria de- veloped under section 401 of this Act [38 U.S.C. 8110 note]. ‘‘(6) STIPENDS AND BENEFITS.—The Secretary may pay stipends and provide benefits for residents in po- sitions under paragraph (1), regardless of whether they have been assigned in

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7303

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