
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 206]
[Document affected by Public Law 107-135 Section 131]
[CITE: 38USC7306]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
 CHAPTER 73--VETERANS HEALTH ADMINISTRATION--ORGANIZATION AND FUNCTIONS
 
                       SUBCHAPTER I--ORGANIZATION
 
Sec. 7306. Office of the Under Secretary for Health

    (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 the Under Secretary 
    for Health for the operation of the Nursing Service.
        (6) A Director of Pharmacy Service, a Director of Dietetic 
    Service, a Director of Podiatric 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) Such other personnel as may be authorized by this chapter.

    (b) Of the Assistant Under Secretaries for Health 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 Under Secretary 
    for Health 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 Under Secretary for Health 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 Under Secretary for Health 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), 
(4), and (8) of that subsection, such appointments shall be made upon 
the recommendation of the Under Secretary for Health.
    (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.
    (f) 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; and

        (2) with respect to the programs established under section 1712A 
    of this title, a clinician with appropriate expertise in those 
    programs is responsible to the Under Secretary for the management of 
    those programs.

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 
212; amended Pub. L. 102-405, title II, Sec. 205, title III, 
Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984; Pub. L. 102-585, 
title V, Sec. 511(b), Nov. 4, 1992, 106 Stat. 4956; Pub. L. 103-446, 
title XII, Sec. 1201(c)(3), Nov. 2, 1994, 108 Stat. 4683; Pub. L. 104-
262, title III, Sec. 344, Oct. 9, 1996, 110 Stat. 3207.)


                               Amendments

    1996--Subsec. (f). Pub. L. 104-262 added subsec. (f).
    1994--Subsec. (a)(3). Pub. L. 103-446, Sec. 1201(c)(3)(A)(i), 
substituted ``Assistant Under Secretaries for Health'' for ``Assistant 
Chief Medical Directors''.
    Pars. (7) to (9). Pub. L. 103-446, Sec. 1201(c)(3)(A)(ii)-(iv), 
redesignated par. (8), relating to such directors, as (7), par. (7) as 
(8), and par. (8), relating to such other personnel, as (9), and in par. 
(8), as so redesignated, substituted ``Under Secretary for Health'' for 
``Chief Medical Director''.
    Subsec. (b). Pub. L. 103-446, Sec. 1201(c)(3)(B), substituted 
``Assistant Under Secretaries for Health'' for ``Assistant Chief Medical 
Directors''.
    Subsec. (c). Pub. L. 103-446, Sec. 1201(c)(3)(C), substituted ``and 
(8)'' for ``and (7)''.
    1992--Pub. L. 102-405, Sec. 302(c)(1), substituted ``Under Secretary 
for Health'' for ``Chief Medical Director'' in section catchline.
    Subsec. (a). Pub. L. 102-405, Sec. 302(c)(1), substituted ``Under 
Secretary for Health'' for ``Chief Medical Director'' wherever 
appearing.
    Subsec. (a)(7). Pub. L. 102-585, Sec. 511(b)(1)(B), added par. (7). 
Former par. (7), relating to such directors, redesignated (8).
    Pub. L. 102-405, Sec. 205(2), added par. (7). Former par. (7), 
relating to such other personnel, redesignated (8).
    Subsec. (a)(8). Pub. L. 102-585, Sec. 511(b)(1)(A), redesignated 
par. (7), relating to such directors, as (8).
    Pub. L. 102-405, Sec. 205(1), redesignated par. (7), relating to 
such other personnel, as (8).
    Subsec. (b)(2), (3). Pub. L. 102-405, Sec. 302(c)(1), substituted 
``Under Secretary for Health'' for ``Chief Medical Director'' wherever 
appearing.
    Subsec. (c). Pub. L. 102-585, Sec. 511(b)(2), substituted ``(4), and 
(7)'' for ``and (4)''.
    Pub. L. 102-405, Sec. 302(c)(1), substituted ``Under Secretary for 
Health'' for ``Chief Medical Director''.

                  Section Referred to in Other Sections

    This section is referred to in sections 7314, 7401, 7404, 7405, 
7408, 7424, 7425, 8107 of this title.
