§7306 — Title 38 Veterans' Benefits | U.S. Code

Summary

Creates the Office of the Under Secretary for Health and lists the jobs that must be in it, who they report to, and what qualifications some must have. Key jobs include a Deputy and an Associate Deputy (both must be doctors of medicine), up to eight Assistant Under Secretaries, Medical Directors (must be a doctor of medicine or a doctor of dental surgery/dental medicine), a Director of Nursing Service (must be a registered nurse and report directly to the Under Secretary), Directors for Pharmacy, Dietetics, and Optometry, the Director of the National Center for Preventive Health, a full-time Director of Physician Assistant Services (must be a qualified physician assistant and report to the Chief Patient Care Services Officer about PA education, training, hiring, and use), a Podiatric Medical Director (must be a doctor of podiatric medicine), a Chief Officer of Women’s Health, and other authorized staff. The Secretary makes the appointments. The Under Secretary must recommend the Deputy, Associate, the Assistants, Medical Directors, the Preventive Health Director, and the Podiatric Director. Most appointments last four years and can be renewed for more four-year terms. The Secretary can extend an appointment up to three years and can remove appointees for cause. The Secretary may name a Chaplain Service member as Director, Chaplain Service for two-year terms; when that ends the person returns to their prior job and that time counts as service. The Under Secretary must staff the Office so a clinician in each needed field gives policy guidance on special rehab programs (including blind rehab, spinal cord care, mental health, and long-term care) and on the programs under section 1712A. For applying chapter 74 (including sections 7404, 7410, and 7421) or other laws, the Secretary may treat these appointments as made under this rule.

Title 38, §7306

Veterans' Benefits — Source: USLM XML via OLRC

(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, and report directly to, the Under Secretary for Health for the operation of the Nursing Service.

(6)A Director of Pharmacy Service, a Director of Dietetic 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)The Director of Physician Assistant Services, who shall—

(A)serve in a full-time capacity at the Central Office of the Department;

(B)be a qualified physician assistant; and

(C)be responsible and report directly to the Chief Patient Care Services Officer of the Veterans Health Administration on all matters relating to the education and training, employment, appropriate use, and optimal participation of physician assistants within the programs and initiatives of the Administration.

(10)A Podiatric Medical Director, who shall be a qualified doctor of podiatric medicine and who shall be responsible to the Under Secretary for Health for the operation of the Podiatric Service.

(11)The Chief Officer of Women’s Health.

(12)Such other personnel as may be authorized by this chapter.

(b)Appointments under subsection (a) shall be made by the Secretary. In the case of appointments under paragraphs (1), (2), (3), (4), (8), and (10) of that subsection, such appointments shall be made upon the recommendation of the Under Secretary for Health.

(c)Except as provided in subsection (d)—

(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.

(d)(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.

(e)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.

(f)For purposes of applying any provision of chapter 74 of this title, including section 7404, 7410, and 7421, or any other provision of law, the Secretary may treat any appointment for a position under this chapter to be an appointment under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Pub. L. 118–210 redesignated subsecs. (c) to (g) as (b) to (f), respectively, substituted “subsection (d)” for “subsection (e)” in introductory provisions of subsec. (c), and struck out former subsec. (b) which related to the Assistant Under Secretaries for Health appointed under subsec. (a)(3). 2022—Subsec. (a)(6). Pub. L. 117–96, § 1(a)(1)(A), struck out “a Director of Podiatric Service,” after “a Director of Dietetic Service,”. Subsec. (a)(10), (11). Pub. L. 117–96, § 1(a)(1)(B), (C), added par. (10) and redesignated former par. (10), relating to Chief Officer of Women’s Health, as (11). Another par. (11), relating to such other personnel as may be authorized by this chapter, subsequently redesignated (12). Subsec. (a)(12). Pub. L. 117–168, § 906(d)(1), redesignated par. (11) relating to such other personnel as may be authorized by this chapter as (12). Subsec. (b)(1). Pub. L. 117–96, § 1(a)(2), inserted “podiatric medicine,” after “doctors of medicine,”. Subsec. (c). Pub. L. 117–96, § 1(a)(3), substituted “(8), and (10)” for “and (8)”. Subsec. (g). Pub. L. 117–168, § 906(d)(2), added subsec. (g). 2021—Subsec. (a)(10), (11). Pub. L. 116–315 added par. (10) and redesignated former par. (10) as (11). 2010—Subsec. (a)(9). Pub. L. 111–163 added par. (9) and struck out former par. (9) which read as follows: “The Advisor on Physician Assistants, who shall be a physician assistant with appropriate experience and who shall advise the Under Secretary for Health on all matters relating to the utilization and employment of physician assistants in the Administration.” 2002—Subsec. (a)(5). Pub. L. 107–135 inserted “, and report directly to,” after “responsible to”. 2000—Subsec. (a)(9), (10). Pub. L. 106–419 added par. (9) and redesignated former par. (9) as (10). 1996—Subsec. (f). Pub. L. 104–262 added subsec. (f). 1994—Subsec. (a)(3). Pub. L. 103–446, § 1201(c)(3)(A)(i), substituted “Assistant Under Secretaries for Health” for “Assistant Chief Medical Directors”. Pars. (7) to (9). Pub. L. 103–446, § 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, § 1201(c)(3)(B), substituted “Assistant Under Secretaries for Health” for “Assistant Chief Medical Directors”. Subsec. (c). Pub. L. 103–446, § 1201(c)(3)(C), substituted “and (8)” for “and (7)”. 1992—Pub. L. 102–405, § 302(c)(1), substituted “Under Secretary for Health” for “Chief Medical Director” in section catchline. Subsec. (a). Pub. L. 102–405, § 302(c)(1), substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing. Subsec. (a)(7). Pub. L. 102–585, § 511(b)(1)(B), added par. (7). Former par. (7), relating to such directors, redesignated (8). Pub. L. 102–405, § 205(2), added par. (7). Former par. (7), relating to such other personnel, redesignated (8). Subsec. (a)(8). Pub. L. 102–585, § 511(b)(1)(A), redesignated par. (7), relating to such directors, as (8). Pub. L. 102–405, § 205(1), redesignated par. (7), relating to such other personnel, as (8). Subsec. (b)(2), (3). Pub. L. 102–405, § 302(c)(1), substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing. Subsec. (c). Pub. L. 102–585, § 511(b)(2), substituted “(4), and (7)” for “and (4)”. Pub. L. 102–405, § 302(c)(1), substituted “Under Secretary for Health” for “Chief Medical Director”.

Statutory Notes and Related Subsidiaries

Deadline for Implementation of 2010 Amendment Pub. L. 111–163, title V, § 514(b),

May 5, 2010, 124 Stat. 1165, provided that: “The Secretary of Veterans Affairs shall ensure that an individual is serving as the Director of Physician Assistant Services under paragraph (9) of section 7306(a) of title 38, United States Code, as amended by subsection (a), by not later than 120 days after the date of the enactment of this Act [

May 5, 2010].”

§7306 Office of the Under Secretary for Health