
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7314]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
 CHAPTER 73--VETERANS HEALTH ADMINISTRATION--ORGANIZATION AND FUNCTIONS
 
           SUBCHAPTER II--GENERAL AUTHORITY AND ADMINISTRATION
 
Sec. 7314. Geriatric research, education, and clinical centers

    (a) The Secretary, upon the recommendation of the Under Secretary 
for Health 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 Under Secretary for Health, 
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 Under Secretary 
    for Health) 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 peer review panel 
established under subsection (d) has determined under that subsection 
that the proposal submitted by such facility as a location for a new 
center under subsection (a) is among those proposals which have met the 
highest competitive standards of scientific and clinical merit, and the 
Secretary (upon the recommendation of the Under Secretary for Health) 
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)(1) In order to provide advice to assist the Secretary and the 
Under Secretary for Health in carrying out their responsibilities under 
this section, the Assistant Under Secretary for Health described in 
section 7306(b)(3) of this title shall establish a panel to assess the 
scientific and clinical merit of proposals that are submitted to the 
Secretary for the establishment of new centers under this section.
    (2) The membership of the panel shall consist of experts in the 
fields of geriatric and gerontological research, education, and clinical 
care. Members of the panel shall serve as consultants to the Department 
for a period of no longer than six months.
    (3) The panel shall review each proposal submitted to the panel by 
the Assistant Under Secretary and shall submit its views on the relative 
scientific and clinical merit of each such proposal to the Assistant 
Under Secretary.
    (4) The panel shall not be subject to the Federal Advisory Committee 
Act.
    (e) 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.
    (f) There are authorized to be appropriated such sums as may be 
necessary for the support of the research and education activities of 
the centers established pursuant to subsection (a). The Under Secretary 
for Health 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 Under 
Secretary for Health determines appropriate.
    (g) 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.

(Added Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 
216; amended Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 
404; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1984; Pub. L. 102-585, title V, Sec. 521, Nov. 4, 1992, 106 Stat. 4958; 
Pub. L. 103-446, title XII, Secs. 1201(c)(4), 1202(b)(2), Nov. 2, 1994, 
108 Stat. 4683, 4689.)

                       References in Text

    The Veterans' Administration Health-Care Amendments of 1980, 
referred to in subsec. (b)(1), is Pub. L. 96-330, Aug. 26, 1980, 94 
Stat. 1030. Title III of the Act amended former sections 4101 and 4103 
of this title and enacted provisions set out as notes below and under 
former section 4101 of this title. For the purposes of title III, see 
section 301 of Pub. L. 96-330, set out below. For complete 
classification of this Act to the Code, see Short Title of 1980 
Amendment note set out under section 101 of this title and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (d)(4), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1994--Subsec. (b)(1). Pub. L. 103-446, Sec. 1202(b)(2), amended Pub. 
L. 102-83, Sec. 4(a)(3), (4), to make it inapplicable to this section. 
See 1991 Amendment note below.
    Subsec. (d)(1). Pub. L. 103-446, Sec. 1201(c)(4)(A), substituted 
``the Secretary and the Under Secretary for Health in carrying out'' for 
``the Chief Medical Director and the Secretary to carry out'' and ``the 
Assistant Under Secretary for Health described in section 7306(b)(3)'' 
for ``the Assistant Chief Medical Director described in section 
7306(b)(3)''.
    Subsec. (d)(3). Pub. L. 103-446, Sec. 1201(c)(4)(B), substituted 
``Assistant Under Secretary'' for ``Assistant Chief Medical Director'' 
in two places.
    1992--Subsecs. (a), (b). Pub. L. 102-405 substituted ``Under 
Secretary for Health'' for ``Chief Medical Director'' wherever 
appearing.
    Subsec. (c). Pub. L. 102-585, Sec. 521(1), inserted ``the peer 
review panel established under subsection (d) has determined under that 
subsection that the proposal submitted by such facility as a location 
for a new center under subsection (a) is among those proposals which 
have met the highest competitive standards of scientific and clinical 
merit, and'' after ``unless'' in introductory provisions.
    Pub. L. 102-405 substituted ``Under Secretary for Health'' for 
``Chief Medical Director'' in introductory provisions.
    Subsec. (d). Pub. L. 102-585, Sec. 521(3), added subsec. (d). Former 
subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 102-585, Sec. 521(2), redesignated subsec. (d) 
as (e). Former subsec. (e) redesignated (f).
    Pub. L. 102-405 substituted ``Under Secretary for Health'' for 
``Chief Medical Director'' in two places.
    Subsecs. (f), (g). Pub. L. 102-585, Sec. 521(2), redesignated 
subsecs. (e) and (f) as (f) and (g), respectively.
    1991--Subsec. (b)(1). Pub. L. 102-83, Sec. 4(a)(3), (4), which 
directed substitution of ``Department'' for ``Veterans' 
Administration'', was amended by Pub. L. 103-446, Sec. 1202(b)(2), to 
make it inapplicable to this section.


                    Effective Date of 1994 Amendment

    Section 1202(b) of Pub. L. 103-446 provided that the amendment made 
by that section is effective Aug. 6, 1991, and as if included in the 
enactment of Pub. L. 102-83.


 Congressional Declaration of Purpose in Creating Centers of Geriatric 
              Research, Education, and Clinical Activities

    Section 301 of title III of Pub. L. 96-330 provided that: ``The 
purposes of this title [see Tables for classification] are (1) to 
improve and expand the capability of Veterans' Administration [now 
Department of Veterans Affairs] health-care facilities to respond with 
the most effective and appropriate services possible to the medical, 
psychological and social needs of the increasing number of older 
veterans, and (2) to advance scientific knowledge regarding such needs 
and the methods of meeting them by facilitating higher quality geriatric 
care for eligible older veterans through geriatric and gerontological 
research, the training of health personnel in the provision of health 
care to older individuals, and the development of improved models of 
clinical services for eligible older veterans.''

                  Section Referred to in Other Sections

    This section is referred to in section 7315 of this title.
