§ 7302. Functions of Veterans Health Administration: health-care personnel education and training programs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 401(a)(3) · 105 Stat. 187

   Enacted · 38 U.S.C. § 7302

   Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 211

   Source evidence

   Code source credit
   Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 211

   Enacted provision · exact public law section
   (3) Such chapter is further amended by striking out the table of sections and subchapters I and II and inserting in lieu thereof the following: “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 Chief Medical Director. “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. “subchapter iii— 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. “7334. Regulations. “subchapter iv— research corporations “7361. Authority to establish; status. “7362. Purpose of corporations. “7363. Board of directors; executive director. “7364. General powers. “7365. Applicable State law. “7366. Accountability and oversight. “7367. Report to Congress. “7368. Expiration of authority. “SUBCHAPTER I— ORGANIZATION “§ 7301. Functions of Veterans Health Administration: in general “(a) There is in the Department of Veterans Affairs a Veterans Health Administration. The Chief Medical Director is the head of the Administration. “(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. “§ 7302. Functions of Veterans Health Administration: health-care personnel education and training programs “(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. “§ 7303. Functions of Veterans Health Administration: research programs “(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. “(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 Public information. 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 Chief Medical Director) 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)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2)) (relating to the establishment and support of Rehabilitation Engineering Research Centers). “(c) Funds appropriated to carry out this section shall remain available until expended. “§ 7304. Regulations “(a) Unless specifically otherwise provided, the Chief Medical Director 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 Chief Medical Director are subject to the approval of the Secretary. “§ 7305. Divisions of Veterans Health Administration “The Veterans Health Administration shall include the following: “(1) The Office of the Chief Medical Director. “(2) A Medical Service. “(3) A Dental Service. “(4) A Pediatric 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. “§ 7306. Office of the Chief Medical Director “(a) The Office of the Chief Medical Director shall consist of the following: “(1) The Deputy Chief Medical Director, who shall be the principal assistant of the Chief Medical Director and who shall be a qualified doctor of medicine. “(2) The Associate Deputy Chief Medical Director, who shall be an assistant to the Chief Medical Director and the Deputy Chief Medical Director and who shall be a qualified doctor of medicine. “(3) Not to exceed eight Assistant Chief Medical Directors. “(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 the Chief Medical Director for the operation of the Nursing Service. “(6) A Director of Pharmacy Service, a Director of Dietetic Service, a Director of Pediatric Service, and a Director of Optometric Service, who shall be responsible to the Chief Medical Director for the operation of their respective Services. “(7) Such other personnel as may be authorized by this chapter. “(b) Of the Assistant Chief Medical Directors 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 Chief Medical Director 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 Chief Medical Director 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 Chief Medical Director 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), and (4) of that subsection, such appointments shall be made upon the recommendation of the Chief Medical Director. “(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. “SUBCHAPTER II— GENERAL AUTHORITY AND ADMINISTRATION “§ 7311. Quality assurance “(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 Chief Medical Director with respect to the quality-assurance program, including the duties prescribed in this section. “(b) (1) As part of the quality-assurance program, the Chief Medical Director 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 Chief Medical Director determines that there is a deviation referred to in that paragraph, the Chief Medical Director shall explain the deviation in the report submitted under subsection (f). “(c) (1) The Chief Medical Director 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 Chief Medical Director 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 Chief Medical Director considers appropriate. “(d) Based on the information compiled and the comparisons, analyses, evaluations, and explanations made under subsections (b) and (c), the Chief Medical Director, in the report under subsection (f), shall make such recommendations with respect to quality assurance as the Chief Medical Director 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. “(f) (1) Not later than February 1, 1991, the Chief Medical Director Reports. 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. “§ 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 Chief Medical Director, and the Chief Medical Director 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 Chief Medical Director. The special medical advisory group shall be composed of— “(1) members of the medical, dental, pediatric, optometric, and allied scientific professions; “(2) other individuals considered by the Chief Medical Director 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 advisory groups activities during the preceding fiscal year. “§ 7313. Advisory committees: affiliated institutions “(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 Chief Medical Director 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, multidisciplinary 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). “§ 7314. Geriatric research, education, and clinical centers “(a) The Secretary, upon the recommendation of the Chief Medical Director 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 Chief Medical Director, 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 Chief Medical Director) 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 Secretary (upon the recommendation of the Chief Medical Director) 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) 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. “(e) There are authorized to be appropriated such sums as may be Appropriation authorization. necessary for the support of the research and education activities of the centers established pursuant to subsection (a). The Chief Medical Director 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 Chief Medical Director determines appropriate. “(f) 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. “§ 7315. Geriatrics and Gerontology Advisory Committee “(a) The Secretary shall establish in the 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 Chief Medical Director, 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 Chief Medical Director, 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 Chief Medical Director 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 Chief Medical Director may direct. “(c) (1) The Committee shall submit to the Secretary, through the Chief Medical Director, 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) 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. “§ 7316. Malpractice and negligence suits: defense by United States “(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 medical care employee of the Administration in furnishing medical 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 medical care employee (or employee’s estate) whose act or omission gave rise to such claim. “(2) For purposes of paragraph (1), the term ‘medical care employee of the Administration means a physician, dentist, podiatrist, 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. “§ 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, 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 protec-tion 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).”.

2. 2014

   Veterans Access, Choice, and Accountability Act of 2014

   Pub. L. 113–146 title III § 301(b)(1) · 128 Stat. 1754

   Added · 38 U.S.C. § 7302(e)

   Pub. L. 113–146 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 113–146 added subsec. (e).

   Enacted provision · exact public law section
   (1) In general.— Section 7302 of title 38, United States Code, is amended by adding at the end the following new subsection: “(e) (1) In carrying out this section, the Secretary shall establish medical residency programs, or ensure that already established medical residency programs have a sufficient number of residency positions, at any medical facility of the Department that the Secretary determines— “(A) is experiencing a shortage of physicians; and “(B) is located in a community that is designated as a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)). “(2) In carrying out paragraph (1), the Secretary shall— “(A) allocate the residency positions under such paragraph among occupations included in the most current determination published in the Federal Register pursuant to section 7412(a) of this title; and “(B) give priority to residency positions and programs in primary care, mental health, and any other specialty the Secretary determines appropriate.” .

2 of 2 references resolved to an enrolled provision