-CITE-
    38 USC CHAPTER 74 - VETERANS HEALTH ADMINISTRATION -
           PERSONNEL                                       01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL

-HEAD-
          CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL      


-MISC1-
                        SUBCHAPTER I - APPOINTMENTS                    
    Sec.                                                     
    7401.       Appointments in Veterans Health Administration.       
    7402.       Qualifications of appointees.                         
    7403.       Period of appointments; promotions.                   
    7404.       Grades and pay scales.                                
    7405.       Temporary full-time appointments, part-time
                 appointments, and without-compensation appointments. 
    7406.       Residencies and internships.                          
    7407.       Administrative provisions for section 7405 and 7406
                 appointments.                                        
    7408.       Appointment of additional employees.                  
    7409.       Contracts for scarce medical specialist services.     
    7410.       Additional pay authorities.                           
    7411.       Full-time board-certified physicians and dentists:
                 reimbursement of continuing professional education
                 expenses.                                            

    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION
    7421.       Personnel administration: in general.                 
    7422.       Collective bargaining.                                
    7423.       Personnel administration: full-time employees.        
    7424.       Travel expenses of certain employees.                 
    7425.       Employees: laws not applicable.                       
    7426.       Retirement rights.                                    

             SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS         
    7431.       Pay.                                                  
    7432.       Pay of Under Secretary for Health.                    
    7433.       Administrative matters.                               

      SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL  
    7451.       Nurses and other health-care personnel: competitive
                 pay.                                                 
    7452.       Nurses and other health-care personnel: administration
                 of pay.                                              
    7453.       Nurses: additional pay.                               
    7454.       Physician assistants and other health care
                 professionals: additional pay.                       
    7455.       Increases in rates of basic pay.                      
    7456.       Nurses: special rules for weekend duty.               
    7456A.      Nurses: alternate work schedules.                     
    7457.       On-call pay.                                          
    7458.       Recruitment and retention bonus pay.                  

           SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES       
    7461.       Adverse actions: section 7401(1) employees.           
    7462.       Major adverse actions involving professional conduct
                 or competence.                                       
    7463.       Other adverse actions.                                
    7464.       Disciplinary Appeals Boards.                          

            SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS        
    7471.       Designation of Regional Medical Education Centers.    
    7472.       Supervision and staffing of Centers.                  
    7473.       Personnel eligible for training.                      
    7474.       Consultation.                                         

                                AMENDMENTS                            
      2004 - Pub. L. 108-445, Secs. 3(g), 4(a)(2), Dec. 3, 2004, 118
    Stat. 2643, 2645, substituted "PAY FOR PHYSICIANS AND DENTISTS" for
    "SPECIAL PAY FOR PHYSICIANS AND DENTISTS" in item for subchapter
    III, "Pay" for "Special pay: authority" in item 7431, "Pay of Under
    Secretary for Health" for "Special pay: written agreements" in item
    7432, "Administrative matters" for "Special pay: full-time
    physicians" in item 7433, struck out items 7434 "Special pay: part-
    time physicians", 7435 "Special pay: full-time dentists", 7436
    "Special pay: part-time dentists", 7437 "Special pay: general
    provisions", 7438 "Special pay: coordination with other benefits
    laws", 7439 "Periodic review of pay of physicians and dentists;
    quadrennial report", and 7440 "Annual report", and added item
    7456A.
      1991 - Pub. L. 102-40, title I, Secs. 102, 103(a)(2), title II,
    Sec. 203(b), title IV, Sec. 401(b)(1), May 7, 1991, 105 Stat. 187,
    199, 207, 221, added chapter heading and analysis.

-End-


-CITE-
    38 USC SUBCHAPTER I - APPOINTMENTS                          01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
                        SUBCHAPTER I - APPOINTMENTS                    

-End-



-CITE-
    38 USC Sec. 7401                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7401. Appointments in Veterans Health Administration

-STATUTE-
      There may be appointed by the Secretary such personnel as the
    Secretary may find necessary for the health care of veterans (in
    addition to those in the Office of the Under Secretary for Health
    appointed under section 7306 of this title), as follows:
        (1) Physicians, dentists, podiatrists, chiropractors,
      optometrists, registered nurses, physician assistants, and
      expanded-function dental auxiliaries.
        (2) Scientific and professional personnel, such as
      microbiologists, chemists, and biostatisticians.
        (3) Audiologists, speech pathologists, and audiologist-speech
      pathologists, biomedical engineers, certified or registered
      respiratory therapists, dietitians, licensed physical therapists,
      licensed practical or vocational nurses, medical instrument
      technicians, medical records administrators or specialists,
      medical records technicians, medical technologists, dental
      hygienists, dental assistants, nuclear medicine technologists,
      occupational therapists, occupational therapy assistants,
      kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy
      technicians, physical therapy assistants, prosthetic
      representatives, psychologists, diagnostic radiologic
      technologists, therapeutic radiologic technologists, social
      workers, marriage and family therapists, licensed professional
      mental health counselors, blind rehabilitation specialists, and
      blind rehabilitation outpatient specialists.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 222; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984; Pub. L. 108-170, title III, Secs.
    301(a)(1), 302(a), Dec. 6, 2003, 117 Stat. 2054, 2057; Pub. L. 108-
    422, title V, Sec. 502, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109-
    461, title II, Sec. 201(a), Dec. 22, 2006, 120 Stat. 3409.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4104 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      2006 - Par. (3). Pub. L. 109-461 inserted "marriage and family
    therapists, licensed professional mental health counselors," after
    "social workers,".
      2004 - Par. (3). Pub. L. 108-422 substituted "technologists,
    dental hygienists, dental assistants" for "and dental
    technologists" and "technologists, therapeutic radiologic
    technologists, social workers, blind rehabilitation specialists,
    and blind rehabilitation outpatient specialists" for "technicians,
    therapeutic radiologic technicians, and social workers".
      2003 - Pub. L. 108-170, Sec. 302(a)(1), substituted "health" for
    "medical" in introductory provisions.
      Par. (1). Pub. L. 108-170, Sec. 302(a)(2), inserted
    "chiropractors," after "podiatrists,".
      Par. (2). Pub. L. 108-170, Sec. 301(a)(1)(A), added par. (2) and
    struck out former par. (2) which read as follows: "Psychologists
    (other than those described in paragraph (3)), dietitians, and
    other scientific and professional personnel, such as
    microbiologists, chemists, biostatisticians, and medical and dental
    technologists."
      Par. (3). Pub. L. 108-170, Sec. 301(a)(1)(B), added par. (3) and
    struck out former par. (3) which read as follows: "Clinical or
    counseling psychologists who hold diplomas as diplomates in
    psychology from an accrediting authority approved by the Secretary,
    certified or registered respiratory therapists, licensed physical
    therapists, licensed practical or vocational nurses, pharmacists,
    and occupational therapists."
      1992 - Pub. L. 102-405 substituted "Under Secretary for Health"
    for "Chief Medical Director".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by section 302(a) of Pub. L. 108-170 effective at end
    of 180-day period beginning on Dec. 6, 2003, see section 302(h) of
    Pub. L. 108-170, set out as a note under section 7316 of this
    title.

                  PRIOR APPOINTMENTS OF CERTAIN PERSONNEL              
      Pub. L. 108-170, title III, Sec. 301(a)(2), Dec. 6, 2003, 117
    Stat. 2055, provided that: "Personnel appointed to the Veterans
    Health Administration before the date of the enactment of this Act
    [Dec. 6, 2003] who are in an occupational category of employees
    specified in paragraph (3) of section 7401 of title 38, United
    States Code, by reason of the amendment made by paragraph (1)(B) of
    this subsection [amending this section] shall, as of such date, be
    deemed to have been appointed to the Administration under such
    paragraph (3)."

-End-



-CITE-
    38 USC Sec. 7402                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7402. Qualifications of appointees

-STATUTE-
      (a) To be eligible for appointment to the positions in the
    Administration covered by subsection (b), a person must have the
    applicable qualifications set forth in that subsection.
      (b)(1) Physician. - To be eligible to be appointed to a physician
    position, a person must - 
        (A) hold the degree of doctor of medicine or of doctor of
      osteopathy from a college or university approved by the
      Secretary,
        (B) have completed an internship satisfactory to the Secretary,
      and
        (C) be licensed to practice medicine, surgery, or osteopathy in
      a State.

      (2) Dentist. - To be eligible to be appointed to a dentist
    position, a person must - 
        (A) hold the degree of doctor of dental surgery or dental
      medicine from a college or university approved by the Secretary,
      and
        (B) be licensed to practice dentistry in a State.

      (3) Nurse. - To be eligible to be appointed to a nurse position,
    a person must - 
        (A) have successfully completed a full course of nursing in a
      recognized school of nursing, approved by the Secretary, and
        (B) be registered as a graduate nurse in a State.

      (4) Director of a Hospital, Domiciliary, Center, or Outpatient
    Clinic. - To be eligible to be appointed to a director position, a
    person must have such business and administrative experience and
    qualifications as the Secretary shall prescribe.
      (5) Podiatrist. - To be eligible to be appointed to a podiatrist
    position, a person must - 
        (A) hold the degree of doctor of podiatric medicine, or its
      equivalent, from a school of podiatric medicine approved by the
      Secretary, and
        (B) be licensed to practice podiatry in a State.

      (6) Optometrist. - To be eligible to be appointed to an
    optometrist position, a person must - 
        (A) hold the degree of doctor of optometry, or its equivalent,
      from a school of optometry approved by the Secretary, and
        (B) be licensed to practice optometry in a State.

      (7) Pharmacist. - To be eligible to be appointed to a pharmacist
    position, a person must - 
        (A) hold the degree of bachelor of science in pharmacy, or its
      equivalent, from a school of pharmacy, approved by the Secretary,
      and
        (B) be registered as a pharmacist in a State.

      (8) Psychologist. - To be eligible to be appointed to a
    psychologist position, a person must - 
        (A) hold a doctoral degree in psychology from a college or
      university approved by the Secretary,
        (B) have completed study for such degree in a specialty area of
      psychology and an internship which are satisfactory to the
      Secretary, and
        (C) be licensed or certified as a psychologist in a State,
      except that the Secretary may waive the requirement of licensure
      or certification for an individual psychologist for a period not
      to exceed two years on the condition that that psychologist
      provide patient care only under the direct supervision of a
      psychologist who is so licensed or certified.

      (9) Social Worker. - To be eligible to be appointed to a social
    worker position, a person must - 
        (A) hold a master's degree in social work from a college or
      university approved by the Secretary; and
        (B) be licensed or certified to independently practice social
      work in a State, except that the Secretary may waive the
      requirement of licensure or certification for an individual
      social worker for a reasonable period of time recommended by the
      Under Secretary for Health.

      (10) Marriage and Family Therapist. - To be eligible to be
    appointed to a marriage and family therapist position, a person
    must - 
        (A) hold a master's degree in marriage and family therapy, or a
      comparable degree in mental health, from a college or university
      approved by the Secretary; and
        (B) be licensed or certified to independently practice marriage
      and family therapy in a State, except that the Secretary may
      waive the requirement of licensure or certification for an
      individual marriage and family therapist for a reasonable period
      of time recommended by the Under Secretary for Health.

      (11) (!1) Licensed Professional Mental Health Counselor. - To be
    eligible to be appointed to a licensed professional mental health
    counselor position, a person must - 

        (A) hold a master's degree in mental health counseling, or a
      related field, from a college or university approved by the
      Secretary; and
        (B) be licensed or certified to independently practice mental
      health counseling.

      (12) Chiropractor. - To be eligible to be appointed to a
    chiropractor position, a person must - 
        (A) hold the degree of doctor of chiropractic, or its
      equivalent, from a college of chiropractic approved by the
      Secretary; and
        (B) be licensed to practice chiropractic in a State.

      (11) (!2) Other Health-Care Positions. - To be appointed as a
    physician assistant, expanded-function dental auxiliary, certified
    or registered respiratory therapist, licensed physical therapist,
    licensed practical or vocational nurse, occupational therapist,
    dietitian, microbiologist, chemist, biostatistician, medical
    technologist, dental technologist, or other position, a person must
    have such medical, dental, scientific, or technical qualifications
    as the Secretary shall prescribe.

      (c) Except as provided in section 7407(a) of this title, a person
    may not be appointed in the Administration to a position listed in
    section 7401(1) of this title unless the person is a citizen of the
    United States.
      (d) A person may not be appointed under section 7401(1) of this
    title to serve in the Administration in any direct patient-care
    capacity unless the Under Secretary for Health determines that the
    person possesses such basic proficiency in spoken and written
    English as will permit such degree of communication with patients
    and other health-care personnel as will enable the person to carry
    out the person's health-care responsibilities satisfactorily. Any
    determination by the Under Secretary for Health under this
    subsection shall be in accordance with regulations which the
    Secretary shall prescribe.
      (e) A person may not serve as Chief of Staff of a Department
    health-care facility if the person is not serving on a full-time
    basis.
      (f) A person may not be employed in a position under subsection
    (b) (other than under paragraph (4) of that subsection) if - 
        (1) the person is or has been licensed, registered, or
      certified (as applicable to such position) in more than one
      State; and
        (2) either - 
          (A) any of those States has terminated such license,
        registration, or certification for cause; or
          (B) the person has voluntarily relinquished such license,
        registration, or certification in any of those States after
        being notified in writing by that State of potential
        termination for cause.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 222; amended Pub. L. 102-86, title III, Sec. 305(a), Aug. 14,
    1991, 105 Stat. 417; Pub. L. 102-405, title III, Sec. 302(c)(1),
    Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106-117, title II, Sec. 209,
    Nov. 30, 1999, 113 Stat. 1569; Pub. L. 106-419, title II, Sec. 205,
    Nov. 1, 2000, 114 Stat. 1842; Pub. L. 108-170, title III, Sec.
    302(b), Dec. 6, 2003, 117 Stat. 2058; Pub. L. 109-461, title II,
    Sec. 201(b), Dec. 22, 2006, 120 Stat. 3409.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    sections 4105 and 4108(b) of this title prior to the repeal of
    those sections as part of the complete revision of chapter 73 of
    this title by Pub. L. 102-40.

                                AMENDMENTS                            
      2006 - Subsec. (b)(10) to (12). Pub. L. 109-461 added par. (10)
    and the par. (11) relating to licensed professional health
    counselor and redesignated former par. (10) as (12).
      2003 - Subsec. (b)(10), (11). Pub. L. 108-170 added par. (10) and
    redesignated former par. (10) as (11).
      2000 - Subsec. (b)(9). Pub. L. 106-419 substituted "a person must
    - " and subpars. (A) and (B) for "a person must hold a master's
    degree in social work from a college or university approved by the
    Secretary and satisfy the social worker licensure, certification,
    or registration requirements, if any, of the State in which the
    social worker is to be employed, except that the Secretary may
    waive the licensure, certification, or registration requirement of
    this paragraph for an individual social worker for a reasonable
    period, not to exceed 3 years, in order for the social worker to
    take any actions necessary to satisfy the licensure, certification,
    or registration requirements of such State."
      1999 - Subsec. (f). Pub. L. 106-117 added subsec. (f).
      1992 - Subsec. (d). Pub. L. 102-405 substituted "Under Secretary
    for Health" for "Chief Medical Director" in two places.
      1991 - Subsec. (b)(9), (10). Pub. L. 102-86 added par. (9) and
    redesignated former par. (9) as (10).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-170 effective at end of 180-day period
    beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170,
    set out as a note under section 7316 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 305(b) of Pub. L. 102-86 provided that: "The amendment
    made by subsection (a) [amending this section] does not apply to
    any person employed as a social worker by the Department of
    Veterans Affairs on or before the date of the enactment of this Act
    [Aug. 14, 1991]."

      REQUIREMENTS RESPECTING BASIC PROFICIENCY IN SPOKEN AND WRITTEN
               ENGLISH OF APPOINTEES AFTER NOVEMBER 23, 1977
      Section 4(a)(3) of Pub. L. 95-201 provided that: "Notwithstanding
    any other provision of law, with respect to persons other than
    those described in subsection (c) of section 4105 and subsection
    (f) of section 4114 of title 38, United States Code [former
    sections 4105(c) and 4114(f) of this title, see subsec. (d) of this
    section and section 7407(d) of this title] (as added by paragraphs
    (1) and (2) of this subsection), who are appointed after the date
    of enactment of this Act [Nov. 23, 1977] in the Department of
    Medicine and Surgery in the Veterans' Administration [now Veterans
    Health Administration of the Department of Veterans Affairs] in any
    direct patient-care capacity, and with respect to persons described
    in such subsections who are appointed after such enactment date and
    prior to January 1, 1978, the Administrator of Veterans' Affairs
    [now Secretary of Veterans Affairs], upon the recommendation of the
    Chief Medical Director [now Under Secretary for Health], shall take
    appropriate steps to provide reasonable assurance that such persons
    possess such basic proficiency in spoken and written English as
    will permit such degree of communication with patients and other
    health-care personnel as will enable such persons to carry out
    their health-care responsibilities satisfactorily."

-FOOTNOTE-
    (!1) So in original. Another par. (11) follows par. (12).

    (!2) So in original. Another par. (11) precedes par. (12).


-End-



-CITE-
    38 USC Sec. 7403                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7403. Period of appointments; promotions

-STATUTE-
      (a)(1) Appointments under this chapter of health-care
    professionals to whom this section applies may be made only after
    qualifications have been satisfactorily established in accordance
    with regulations prescribed by the Secretary, without regard to
    civil-service requirements.
      (2) This section applies to the following persons appointed under
    this chapter:
        (A) Physicians.
        (B) Dentists.
        (C) Podiatrists.
        (D) Optometrists.
        (E) Nurses.
        (F) Physician assistants.
        (G) Expanded-function dental auxiliaries.
        (H) Chiropractors.

      (b)(1) Appointments described in subsection (a) shall be for a
    probationary period of two years.
      (2) The record of each person serving under such an appointment
    in the Medical, Dental, and Nursing Services shall be reviewed from
    time to time by a board, appointed in accordance with regulations
    of the Secretary. If such a board finds that such person is not
    fully qualified and satisfactory, such person shall be separated
    from the service.
      (c) Promotions of persons to whom this section applies shall be
    made only after examination given in accordance with regulations
    prescribed by the Secretary. Advancement within grade may be made
    in increments of the minimum rate of basic pay of the grade in
    accordance with regulations prescribed by the Secretary.
      (d) In determining eligibility for reinstatement in the Federal
    civil service of persons appointed to positions in the
    Administration under this chapter who at the time of appointment
    have a civil-service status, and whose employment in the
    Administration is terminated, the period of service performed in
    the Administration shall be included in computing the period of
    service under applicable civil-service rules and regulations.
      (e) In accordance with regulations prescribed by the Secretary,
    the grade and annual rate of basic pay of a person to whom this
    section applies whose level of assignment is changed from a level
    of assignment in which the grade level is based on both the nature
    of the assignment and personal qualifications may be adjusted to
    the grade and annual rate of basic pay otherwise appropriate.
      (f)(1) Upon the recommendation of the Under Secretary for Health,
    the Secretary may - 
        (A) use the authority in subsection (a) to establish the
      qualifications for and (subject to paragraph (2)) to appoint
      individuals to positions listed in section 7401(3) of this title;
      and
        (B) use the authority provided in subsection (c) for the
      promotion and advancement of Department employees serving in such
      positions.

      (2) In using such authority to appoint individuals to such
    positions, the Secretary shall apply the principles of preference
    for the hiring of veterans and other persons established in
    subchapter I of chapter 33 of title 5.
      (3) Notwithstanding any other provision of this title or other
    law, all matters relating to adverse actions, reductions-in-force,
    the applicability of the principles of preference referred to in
    paragraph (2), rights of part-time employees, disciplinary actions,
    and grievance procedures involving individuals appointed to such
    positions, whether appointed under this section or section
    7405(a)(1)(B) of this title (including similar actions and
    procedures involving an employee in a probationary status), shall
    be resolved under the provisions of title 5 as though such
    individuals had been appointed under that title.
      (g)(1) The Secretary may appoint in the competitive civil service
    without regard to the provisions of subchapter I of chapter 33 of
    title 5 (other than sections 3303 and 3328 of such title) an
    individual who - 
        (A) has a recognized degree or certificate from an accredited
      institution in a health-care profession or occupation; and
        (B) has successfully completed a clinical education program
      affiliated with the Department.

      (2) In using the authority provided by this subsection, the
    Secretary shall apply the principles of preference for the hiring
    of veterans and other persons established in subchapter I of
    chapter 33 of title 5.
      (h)(1) If the Secretary uses the authority provided in subsection
    (c) for the promotion and advancement of an occupational category
    of employees described in section 7401(3) of this title, as
    authorized by subsection (f)(1)(B), the Secretary shall do so
    through one or more systems prescribed by the Secretary. Each such
    system shall be planned, developed, and implemented in
    collaboration with, and with the participation of, exclusive
    employee representatives of such occupational category of
    employees.
      (2)(A) Before prescribing a system of promotion and advancement
    of an occupational category of employees under paragraph (1), the
    Secretary shall provide to exclusive employee representatives of
    such occupational category of employees a written description of
    the proposed system.
      (B) Not later than 30 days after receipt of the description of a
    proposed system under subparagraph (A), exclusive employee
    representatives may submit to the Secretary the recommendations, if
    any, of such exclusive employee representatives with respect to the
    proposed system.
      (C) The Secretary shall give full and fair consideration to any
    recommendations received under subparagraph (B) in deciding whether
    and how to proceed with a proposed system.
      (3) The Secretary shall implement immediately any part of a
    system of promotion and advancement under paragraph (1) that is
    proposed under paragraph (2) for which the Secretary receives no
    recommendations from exclusive employee representatives under
    paragraph (2).
      (4) If the Secretary receives recommendations under paragraph (2)
    from exclusive employee representatives on any part of a proposed
    system of promotion and advancement under that paragraph, the
    Secretary shall determine whether or not to accept the
    recommendations, either in whole or in part. If the Secretary
    determines not to accept all or part of the recommendations, the
    Secretary shall - 
        (A) notify the congressional veterans' affairs committees of
      the recommendations and of the portion of the recommendations
      that the Secretary has determined not to accept;
        (B) meet and confer with such exclusive employee
      representatives, for a period not less than 30 days, for purposes
      of attempting to reach an agreement on whether and how to proceed
      with the portion of the recommendations that the Secretary has
      determined not to accept;
        (C) at the election of the Secretary, or of a majority of such
      exclusive employee representatives who are participating in
      negotiations on such matter, employ the services of the Federal
      Mediation and Conciliation Service during the period referred to
      in subparagraph (B) for purposes of reaching such agreement; and
        (D) if the Secretary determines that activities under
      subparagraph (B), (C), or both are unsuccessful at reaching such
      agreement and determines (in the sole and unreviewable discretion
      of the Secretary) that further meeting and conferral under
      subparagraph (B), mediation under subparagraph (C), or both are
      unlikely to reach such agreement - 
          (i) notify the congressional veterans' affairs committees of
        such determinations, identify for such committees the portions
        of the recommendations that the Secretary has determined not to
        accept, and provide such committees an explanation and
        justification for determining to implement the part of the
        system subject to such portions of the recommendations without
        regard to such portions of the recommendations; and
          (ii) commencing not earlier than 30 days after notice under
        clause (i), implement the part of the system subject to the
        recommendations that the Secretary has determined not to accept
        without regard to those recommendations.

      (5) If the Secretary and exclusive employee representatives reach
    an agreement under paragraph (4) providing for the resolution of a
    disagreement on one or more portions of the recommendations that
    the Secretary had determined not to accept under that paragraph,
    the Secretary shall immediately implement such resolution.
      (6) In implementing a system of promotion and advancement under
    this subsection, the Secretary shall - 
        (A) develop and implement mechanisms to permit exclusive
      employee representatives to participate in the periodic review
      and evaluation of the system, including peer review, and in any
      further planning or development required with respect to the
      system as a result of such review and evaluation; and
        (B) provide exclusive employee representatives appropriate
      access to information to ensure that the participation of such
      exclusive employee representative in activities under
      subparagraph (A) is productive.

      (7)(A) The Secretary may from time to time modify a system of
    promotion and advancement under this subsection.
      (B) In modifying a system, the Secretary shall take into account
    any recommendations made by the exclusive employee representatives
    concerned.
      (C) In modifying a system, the Secretary shall comply with
    paragraphs (2) through (5) and shall treat any proposal for the
    modification of a system as a proposal for a system for purposes of
    such paragraphs.
      (D) The Secretary shall promptly submit to the congressional
    veterans' affairs committees a report on any modification of a
    system. Each report shall include - 
        (i) an explanation and justification of the modification; and
        (ii) a description of any recommendations of exclusive employee
      representatives with respect to the modification and a statement
      whether or not the modification was revised in light of such
      recommendations.

      (8) In the case of employees who are not within a unit with
    respect to which a labor organization is accorded exclusive
    recognition, the Secretary may develop procedures for input from
    representatives under this subsection from any appropriate
    organization that represents a substantial percentage of such
    employees or, if none, in such other manner as the Secretary
    considers appropriate, consistent with the purposes of this
    subsection.
      (9) In this subsection, the term "congressional veterans' affairs
    committees" means the Committees on Veterans' Affairs of the Senate
    and the House of Representatives.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 224; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984; Pub. L. 108-170, title III, Secs. 301(b),
    302(c), Dec. 6, 2003, 117 Stat. 2055, 2058.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4106 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      2003 - Subsec. (a)(2)(H). Pub. L. 108-170, Sec. 302(c), added
    subpar. (H).
      Subsec. (f)(3). Pub. L. 108-170, Sec. 301(b)(1), inserted
    "reductions-in-force, the applicability of the principles of
    preference referred to in paragraph (2), rights of part-time
    employees," after "adverse actions,", ", whether appointed under
    this section or section 7405(a)(1)(B) of this title" after "such
    positions", and comma after "status)".
      Subsec. (h). Pub. L. 108-170, Sec. 301(b)(2), added subsec. (h).
      1992 - Subsec. (f)(1). Pub. L. 102-405 substituted "Under
    Secretary for Health" for "Chief Medical Director".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by section 302(c) of Pub. L. 108-170 effective at end
    of 180-day period beginning on Dec. 6, 2003, see section 302(h) of
    Pub. L. 108-170, set out as a note under section 7316 of this
    title.

-End-



-CITE-
    38 USC Sec. 7404                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7404. Grades and pay scales

-STATUTE-
      (a) The annual rates or ranges of rates of basic pay for
    positions provided in section 7306 of this title shall be
    prescribed from time to time by Executive order as authorized by
    chapter 53 of title 5 or as otherwise authorized by law. The pay of
    physicians and dentists serving in positions to which an Executive
    order applies under the preceding sentence shall be determined
    under subchapter III of this chapter instead of such Executive
    order.
      (b) The grades for positions provided for in paragraph (1) of
    section 7401 of this title shall be as follows. The annual ranges
    of rates of basic pay for those grades shall be prescribed from
    time to time by Executive order as authorized by chapter 53 of
    title 5 or as otherwise authorized by law:

                      PHYSICIAN AND DENTIST SCHEDULE                  
      Physician grade.
      Dentist grade.
                              NURSE SCHEDULE                          
      Nurse V.
      Nurse IV.
      Nurse III.
      Nurse II.
      Nurse I.
        CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE    
      Chief grade.
      Senior grade.
      Intermediate grade.
      Full grade.
      Associate grade.
      (c) Notwithstanding the provisions of section 7425(a) of this
    title, a person appointed under section 7306 of this title who is
    not eligible for pay under subchapter III shall be deemed to be a
    career appointee for the purposes of sections 4507 and 5384 of
    title 5.
      (d) Except as provided under subsection (e), subchapter III, and
    section 7457 of this title, pay for positions for which basic pay
    is paid under this section may not be paid at a rate in excess of
    the rate of basic pay authorized by section 5316 of title 5 for
    positions in Level V of the Executive Schedule.
      (e) The position of Chief Nursing Officer, Office of Nursing
    Services, shall be exempt from the provisions of section 7451 of
    this title and shall be paid at a rate determined by the Secretary,
    not to exceed the maximum rate established for the Senior Executive
    Service under section 5382 of title 5.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 225; amended Pub. L. 102-405, title II, Sec. 206, title III,
    Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102-585,
    title III, Sec. 301(a), Nov. 4, 1992, 106 Stat. 4951; Pub. L. 108-
    170, title III, Sec. 302(d), Dec. 6, 2003, 117 Stat. 2058; Pub. L.
    108-445, Sec. 3(a), (f), Dec. 3, 2004, 118 Stat. 2636, 2643; Pub.
    L. 109-461, title II, Sec. 202, Dec. 22, 2006, 120 Stat. 3410.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4107(a)-(d) of this title prior to the repeal of that
    section as part of the complete revision of chapter 73 of this
    title by Pub. L. 102-40.

                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-461, Sec. 202(1), substituted
    "subsection (e), subchapter III, and" for "subchapter III and in".
      Subsec. (e). Pub. L. 109-461, Sec. 202(2), added subsec. (e).
      2004 - Subsec. (a). Pub. L. 108-445, Sec. 3(a)(2), inserted at
    end "The pay of physicians and dentists serving in positions to
    which an Executive order applies under the preceding sentence shall
    be determined under subchapter III of this chapter instead of such
    Executive order."
      Subsec. (b). Pub. L. 108-445, Sec. 3(a)(1), struck out "(1)"
    after "(b)", inserted items relating to Physician grade and Dentist
    grade under heading "physician and dentist schedule" and struck out
    former items under that heading, which read "Director grade",
    "Executive grade", "Chief grade", "Senior grade", "Intermediate
    grade", "Full grade", and "Associate grade", and struck out par.
    (2). Prior to amendment, par. (2) read as follows: "A person may
    not hold the director grade in the Physician and Dentist Schedule
    unless the person is serving as a director of a hospital,
    domiciliary, center, or outpatient clinic (independent), or
    comparable position. A person may not hold the executive grade in
    that Schedule unless the person holds the position of chief of
    staff at a hospital, center, or outpatient clinic (independent), or
    comparable position."
      Subsec. (c). Pub. L. 108-445, Sec. 3(f)(1), substituted "pay" for
    "special pay".
      Subsec. (d). Pub. L. 108-445, Sec. 3(f)(2), substituted "pay for
    positions for which basic pay is paid under this section may not be
    paid at a rate in excess of the rate of basic pay authorized by
    section 5316 of title 5 for positions in Level V of the Executive
    Schedule." for "pay may not be paid at a rate in excess of the rate
    of basic pay for an appropriate level authorized by section 5315 or
    5316 of title 5 for positions in the Executive Schedule, as
    follows:
        "(1) Level IV for the Deputy Under Secretary for Health.
        "(2) Level V for all other positions for which such basic pay
      is paid under this section."
      2003 - Subsec. (b)(1). Pub. L. 108-170 substituted "clinical
    podiatrist, chiropractor, and optometrist schedule" for "clinical
    podiatrist and optometrist schedule" as third center heading in
    table.
      1992 - Subsec. (b)(1). Pub. L. 102-585 inserted items relating to
    Nurse V through I under heading "nurse schedule" and struck out
    former items under that heading, "Director grade", "Senior grade",
    "Intermediate grade", and "Entry grade".
      Subsec. (b)(2). Pub. L. 102-405, Sec. 206, inserted ", or
    comparable position" before period at end of first sentence.
      Subsec. (d)(1). Pub. L. 102-405, Sec. 302(c)(1), substituted
    "Under Secretary for Health" for "Chief Medical Director".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-170 effective at end of 180-day period
    beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170,
    set out as a note under section 7316 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 308 of Pub. L. 102-585 provided that: "The amendments
    made by sections 301, 302, 303, and 304 [amending this section and
    sections 7451 and 7452 of this title] shall take effect with
    respect to the first pay period beginning on or after the end of
    the six-month period beginning on the date of the enactment of this
    Act [Nov. 4, 1992]."


-EXEC-
                          ADJUSTMENT OF PAY RATES                      
      For adjustment of pay rates under this section, see the executive
    order detailing the adjustment of certain rates of pay set out as a
    note under section 5332 of Title 5, Government Organization and
    Employees.

                         EXECUTIVE ORDER NO. 12438                     
      Ex. Ord. No. 12438, Aug. 23, 1983, 48 F.R. 39205, which related
    to review of increases in rates of basic pay for employees of the
    Veterans' Administration, was revoked by Ex. Ord. No. 12797, Apr.
    3, 1992, 57 F.R. 11671, set out as a note under section 7455 of
    this title.

-End-



-CITE-
    38 USC Sec. 7405                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7405. Temporary full-time appointments, part-time
      appointments, and without-compensation appointments

-STATUTE-
      (a) The Secretary, upon the recommendation of the Under Secretary
    for Health, may employ, without regard to civil service or
    classification laws, rules, or regulations, personnel as follows:
        (1) On a temporary full-time basis, part-time basis, or without
      compensation basis, persons in the following positions:
          (A) Positions listed in section 7401(1) of this title.
          (B) Positions listed in section 7401(3) of this title.
          (C) Librarians.
          (D) Other professional, clerical, technical, and unskilled
        personnel (including interns, residents, trainees, and students
        in medical support programs).

        (2) On a fee basis, persons in the following positions:
          (A) Positions listed in section 7401(1) of this title.
          (B) Positions listed in section 7401(3) of this title.
          (C) Other professional and technical personnel.

      (b) Personnel employed under subsection (a) - 
        (1) shall be in addition to personnel described in section
      7306, paragraphs (1) and (3) of section 7401, and section 7408 of
      this title; and
        (2) shall be paid such rates of pay as the Secretary may
      prescribe.

      (c)(1) Temporary full-time appointments under this section of
    persons in positions listed in paragraphs (1) and (3) of section
    7401 of this title may be for a period in excess of 90 days only if
    the Under Secretary for Health finds that circumstances render it
    impracticable to obtain the necessary services through appointments
    under that section.
      (2) A temporary full-time appointment may not be made for a
    period in excess of two years in the case of a person who - 
        (A) has successfully completed - 
          (i) a full course of nursing in a recognized school of
        nursing, approved by the Secretary; or
          (ii) a full course of training for any category of personnel
        described in paragraph (3) of section 7401 of this title, or as
        a physician assistant, in a recognized education or training
        institution approved by the Secretary; and

        (B) is pending registration or licensure in a State or
      certification by a national board recognized by the Secretary.

      (3)(A) Temporary full-time appointments of persons in positions
    referred to in subsection (a)(1)(D) shall not exceed three years.
      (B) Temporary full-time appointments under this paragraph may be
    renewed for one or more additional periods not in excess of three
    years each.
      (4) Temporary full-time appointments of other personnel may not
    be for a period in excess of one year except as authorized in
    subsection (f).
      (d) A part-time appointment may not be for a period of more than
    one year, except for appointments of persons specified in
    subsection (a)(1)(A) and interns, residents, and other trainees in
    medical support programs and except as authorized in subsection
    (f).
      (e) A student who has a temporary appointment under this section
    and who is pursuing a full course of nursing in a recognized school
    of nursing approved by the Secretary, or who is pursuing a full
    course of training for any category of personnel described in
    paragraph (3) of section 7401 of this title in a recognized
    education or training institution approved by the Secretary, may be
    reappointed for a period not to exceed the duration of the
    student's academic program.
      (f) During any period during which the Secretary is exercising
    the authority provided in subsections (a) and (f)(1) of section
    7403 of this title in connection with the appointment, under
    paragraph (3) of section 7401 of this title, of personnel in a
    category of personnel described in such paragraph - 
        (1) the Secretary may make temporary full-time appointments of
      personnel in such category for periods exceeding 90 days if the
      Under Secretary for Health finds that circumstances render it
      impractical to obtain the necessary services through appointments
      under paragraph (3) of section 7401 of this title; and
        (2) part-time appointments of personnel in such category may be
      for periods of more than one year.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 226; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984; Pub. L. 106-419, title II, Sec. 204, Nov.
    1, 2000, 114 Stat. 1842; Pub. L. 108-170, title III, Sec. 301(c),
    Dec. 6, 2003, 117 Stat. 2057.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4114(a) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

                                AMENDMENTS                            
      2003 - Subsec. (a)(1)(B), (C). Pub. L. 108-170, Sec.
    301(c)(1)(A), added subpars. (B) and (C) and struck out former
    subpars. (B) and (C) which read as follows:
      "(B) Certified or registered respiratory therapists, licensed
    physical therapists, licensed practical or vocational nurses,
    pharmacists, and occupational therapists.
      "(C) Dietitians, social workers, and librarians."
      Subsec. (a)(2)(B). Pub. L. 108-170, Sec. 301(c)(1)(B), added
    subpar. (B) and struck out former subpar. (B) which read as
    follows: "Certified or registered respiratory therapists, licensed
    physical therapists, licensed practical or vocational nurses,
    pharmacists, and occupational therapists."
      Subsec. (c)(1). Pub. L. 108-170, Sec. 301(c)(2), substituted
    "paragraphs (1) and (3) of section 7401" for "section 7401(1)".
      2000 - Subsec. (c)(2). Pub. L. 106-419, Sec. 204(a), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows:
    "Temporary full-time appointments of persons who have successfully
    completed a full course of nursing in a recognized school of
    nursing, approved by the Secretary, or who have successfully
    completed a full course of training for any category of personnel
    described in paragraph (3) of section 7401 of this title in a
    recognized education or training institution approved by the
    Secretary, and who are pending registration or licensure in a
    State, or certification by a national board recognized by the
    Secretary, shall not exceed two years."
      Subsec. (c)(3), (4). Pub. L. 106-419, Sec. 204(b), added par. (3)
    and redesignated former par. (3) as (4).
      1992 - Subsecs. (a), (c)(1), (f)(1). Pub. L. 102-405 substituted
    "Under Secretary for Health" for "Chief Medical Director".

-End-



-CITE-
    38 USC Sec. 7406                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7406. Residencies and internships

-STATUTE-
      (a)(1) The Secretary may establish residencies and internships.
    The Secretary may appoint qualified persons to such positions
    without regard to civil service or classification laws, rules, or
    regulations.
      (2) For the purposes of this section:
        (A) The term "internship" includes the equivalency of an
      internship as determined in accordance with regulations which the
      Secretary shall prescribe.
        (B) The term "intern" means a person serving an internship.

      (b) The Secretary may prescribe the conditions of employment of
    persons appointed under this section, including necessary training,
    and the customary amount and terms of pay for such positions during
    the period of such employment and training. The amount and terms of
    such pay may be established retroactively based on changes in such
    customary amount and terms.
      (c)(1) In order to carry out more efficiently the provisions of
    subsection (a)(1), the Secretary may contract with one or more
    hospitals, medical schools, or medical installations having
    hospital facilities and participating with the Department in the
    training of interns or residents to provide, by the designation of
    one such institution to serve as a central administrative agency,
    for the central administration - 
        (A) of stipend payments;
        (B) provision of fringe benefits; and
        (C) maintenance of records for such interns and residents.

      (2) The Secretary may pay to such designated agency, without
    regard to any other law or regulation governing the expenditure of
    Government moneys either in advance or in arrears, an amount to
    cover the cost for the period such intern or resident serves in a
    Department facility furnishing hospital care or medical services of
    - 
        (A) stipends fixed by the Secretary pursuant to paragraph (1);
        (B) hospitalization, medical care, and life insurance and any
      other employee benefits as are agreed upon by the participating
      institutions for the period that such intern or resident serves
      in a Department facility furnishing hospital care or medical
      services;
        (C) tax on employers pursuant to chapter 21 of the Internal
      Revenue Code of 1986, where applicable; and
        (D) an amount to cover a pro rata share of the cost of expense
      of such central administrative agency.

      (3)(A) Any amounts paid by the Secretary to such central
    administrative agency to cover the cost of hospitalization, medical
    care, or life insurance or other employee benefits shall be in lieu
    of any benefits of like nature to which such intern or resident may
    be entitled under the provisions of title 5, and the acceptance of
    stipends and employee benefits from the designated central
    administrative agency shall constitute a waiver by the recipient of
    any claim such recipient might have to any payment of stipends or
    employee benefits to which such recipient may be entitled under
    this title or title 5.
      (B) Notwithstanding subparagraph (A), any period of service of
    any such intern or resident in a Department facility furnishing
    hospital care or medical services shall be deemed creditable
    service for the purposes of section 8332 of title 5.
      (4) The agreement with such central administrative agency may
    further provide that the designated central administrative agency
    shall - 
        (A) make all appropriate deductions from the stipend of each
      intern and resident for local, State, and Federal taxes;
        (B) maintain all records pertinent to such deductions and make
      proper deposits of such deductions; and
        (C) maintain all records pertinent to the leave accrued by such
      intern and resident for the period during which such recipient
      serves in a participating facility, including a Department
      facility furnishing hospital care or medical services.

      (5) Leave described in paragraph (4)(C) may be pooled, and the
    intern or resident may be afforded leave by the facility in which
    such person is serving at the time the leave is to be used to the
    extent of such person's total accumulated leave, whether or not
    earned at the facility in which such person is serving at the time
    the leave is to be afforded.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 227; amended Pub. L. 104-262, title III, Sec. 345, Oct. 9,
    1996, 110 Stat. 3208.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (a)(1), are set
    out in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The classification laws, referred to in subsec. (a)(1), are
    classified generally to chapter 51 (Sec. 5101 et seq.) and to
    subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5.
      Chapter 21 of the Internal Revenue Code of 1986, referred to in
    subsec. (c)(2)(C), is classified to chapter 21 (Sec. 3101 et seq.)
    of Title 26, Internal Revenue Code.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4114(b) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

                                AMENDMENTS                            
      1996 - Subsec. (c)(2), (3)(B). Pub. L. 104-262, Sec. 345(1),
    substituted "Department facility furnishing hospital care or
    medical services" for "Department hospital" wherever appearing.
      Subsec. (c)(4)(C). Pub. L. 104-262, Sec. 345(2), substituted
    "participating facility" for "participating hospital".
      Pub. L. 104-262, Sec. 345(1), substituted "Department facility
    furnishing hospital care or medical services" for "Department
    hospital".
      Subsec. (c)(5). Pub. L. 104-262, Sec. 345(3), substituted
    "facility" for "hospital" in two places.

-End-



-CITE-
    38 USC Sec. 7407                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7407. Administrative provisions for section 7405 and 7406
      appointments

-STATUTE-
      (a) When the Under Secretary for Health determines that it is not
    possible to recruit qualified citizens for the necessary services,
    appointments under sections 7405 and 7406 of this title may be made
    without regard to the citizenship requirements of section 7402(c)
    of this title or of any other law prohibiting the employment of, or
    payment of compensation to, a person who is not a citizen of the
    United States.
      (b)(1) Subject to paragraph (2), the Under Secretary for Health
    may waive for the purpose of the appointment of an individual under
    section 7405 or 7406 of this title the requirements set forth in
    section 7402(b) of this title - 
        (A) that a physician, dentist, psychologist, optometrist,
      registered nurse, practical or vocational nurse, or physical
      therapist be licensed or certified, as appropriate;
        (B) that the licensure or certification of such an individual
      be in a State; and
        (C) that a psychologist have completed an internship.

      (2) The waivers authorized in paragraph (1) may be granted - 
        (A) in the case of clauses (A) and (C) of such paragraph, if
      the individual (i) will be employed to conduct research or serve
      in an academic position, and (ii) will have no responsibility for
      furnishing direct patient care services; and
        (B) in the case of clause (B) of such paragraph, if the
      individual will be employed to serve in a country other than the
      United States and the individual's licensure or registration is
      in the country in which the individual is to serve.

      (c) The program of training prescribed by the Secretary in order
    to qualify a person for the position of full-time physician
    assistant or expanded-function dental auxiliary shall be considered
    a full-time institutional program for purposes of chapter 34 of
    this title. The Secretary may consider training for such a position
    to be on a less than full-time basis for purposes of such chapter
    when the combined classroom (and other formal instruction) portion
    of the program and the on-the-job training portion of the program
    total less than 30 hours per week.
      (d) A person may not be appointed under section 7405 or 7406 of
    this title to an occupational category described in section 7401(1)
    of this title or in section 7406 of this title unless the person
    meets the requirements established in section 7402(d) of this title
    and regulations prescribed under that section.
      (e) In accordance with the provisions of section 7425(b) of this
    title, the provisions of chapter 34 of title 5 pertaining to part-
    time career employment shall not apply to part-time appointments
    under sections 7405 and 7406 of this title.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 228; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4114(c)-(g) of this title prior to the repeal of that
    section as part of the complete revision of chapter 73 of this
    title by Pub. L. 102-40.

                                AMENDMENTS                            
      1992 - Subsecs. (a), (b)(1). Pub. L. 102-405 substituted "Under
    Secretary for Health" for "Chief Medical Director".

-End-



-CITE-
    38 USC Sec. 7408                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7408. Appointment of additional employees

-STATUTE-
      (a) There shall be appointed by the Secretary under civil service
    laws, rules, and regulations, such additional employees, other than
    those provided in section 7306 and paragraphs (1) and (3) of
    section 7401 of this title and those specified in sections 7405 and
    7406 of this title, as may be necessary to carry out the provisions
    of this chapter.
      (b) The Secretary, after considering an individual's existing
    pay, higher or unique qualifications, or the special needs of the
    Department, may appoint the individual to a position in the
    Administration providing direct patient-care services or services
    incident to direct patient-services at a rate of pay above the
    minimum rate of the appropriate grade.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 229; amended Pub. L. 103-446, title XII, Sec. 1201(e)(21),
    Nov. 2, 1994, 108 Stat. 4686.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (a), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly section 3301 et seq. of Title 5.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4111 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-446 substituted "civil service"
    for "civil-service".

-End-



-CITE-
    38 USC Sec. 7409                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7409. Contracts for scarce medical specialist services

-STATUTE-
      (a) The Secretary may enter into contracts with institutions and
    persons described in subsection (b) to provide scarce medical
    specialist services at Department facilities. Such services may
    include the services of physicians, dentists, podiatrists,
    optometrists, chiropractors, nurses, physician assistants, expanded-
    function dental auxiliaries, technicians, and other medical
    support personnel.
      (b) Institutions and persons with whom the Secretary may enter
    into contracts under subsection (a) are the following:
        (1) Schools and colleges of medicine, osteopathy, dentistry,
      podiatry, optometry, and nursing.
        (2) Clinics.
        (3) Any other group or individual capable of furnishing such
      scarce medical specialist services.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105
    Stat. 229; amended Pub. L. 108-170, title III, Sec. 302(f), Dec. 6,
    2003, 117 Stat. 2058.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4117 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-170 inserted "chiropractors,"
    after "optometrists," in second sentence.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-170 effective at end of 180-day period
    beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170,
    set out as a note under section 7316 of this title.

-End-



-CITE-
    38 USC Sec. 7410                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7410. Additional pay authorities

-STATUTE-
      The Secretary may authorize the Under Secretary for Health to pay
    advance payments, recruitment or relocation bonuses, and retention
    allowances to the personnel described in paragraph (1) of section
    7401 of this title, or interview expenses to candidates for
    appointment as such personnel, in the same manner, and subject to
    the same limitations, as in the case of the authority provided
    under sections 5524a, 5706b, 5753, and 5754 of title 5.

-SOURCE-
    (Added Pub. L. 102-40, title I, Sec. 103(a)[(1)], May 7, 1991, 105
    Stat. 198; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-405 substituted "Under Secretary for Health"
    for "Chief Medical Director".

-End-



-CITE-
    38 USC Sec. 7411                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER I - APPOINTMENTS

-HEAD-
    Sec. 7411. Full-time board-certified physicians and dentists:
      reimbursement of continuing professional education expenses

-STATUTE-
      The Secretary shall reimburse any full-time board-certified
    physician or dentist appointed under section 7401(1) of this title
    for expenses incurred, up to $1,000 per year, for continuing
    professional education.

-SOURCE-
    (Added Pub. L. 102-40, title I, Sec. 103(a)[(1)], May 7, 1991, 105
    Stat. 199.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 103(b) of Pub. L. 102-40 provided that: "Section 7411 of
    title 38, United States Code, as added by subsection (a), shall
    apply with respect to expenses incurred for continuing professional
    education that is pursued after September 30, 1991."

-End-


-CITE-
    38 USC SUBCHAPTER II - COLLECTIVE BARGAINING AND
           PERSONNEL ADMINISTRATION                        01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-HEAD-
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-End-



-CITE-
    38 USC Sec. 7421                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-HEAD-
    Sec. 7421. Personnel administration: in general

-STATUTE-
      (a) Notwithstanding any law, Executive order, or regulation, the
    Secretary shall prescribe by regulation the hours and conditions of
    employment and leaves of absence of employees appointed under any
    provision of this chapter in positions in the Veterans Health
    Administration listed in subsection (b).
      (b) Subsection (a) refers to the following positions:
        (1) Physicians.
        (2) Dentists.
        (3) Podiatrists.
        (4) Optometrists.
        (5) Registered nurses.
        (6) Physician assistants.
        (7) Expanded-duty dental auxiliaries.
        (8) Chiropractors.

-SOURCE-
    (Added Pub. L. 102-40, title II, Sec. 202, May 7, 1991, 105 Stat.
    200; amended Pub. L. 108-170, title III, Sec. 302(g), Dec. 6, 2003,
    117 Stat. 2058.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4108(a) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

                                AMENDMENTS                            
      2003 - Subsec. (b)(8). Pub. L. 108-170 added par. (8).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-170 effective at end of 180-day period
    beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170,
    set out as a note under section 7316 of this title.

      PRESERVATION OF EXISTING COLLECTIVE-BARGAINING ARRANGEMENTS AND
                              PENDING ACTIONS
      Section 205 of Pub. L. 102-40 provided that:
      "(a) Existing Collective-Bargaining Arrangements. - Any
    determination under chapter 71 of title 5, United States Code, of a
    collective bargaining unit within the Veterans Health
    Administration of the Department of Veterans Affairs, and any
    recognition under that chapter of an employee labor organization as
    the exclusive bargaining representative for employees in a
    collective bargaining unit of the Department of Veterans Affairs,
    that is in effect on the date of the enactment of this Act [May 7,
    1991] shall not be affected by the amendments made by this Act [see
    Tables for classification] and shall continue in effect in
    accordance with the terms of such determination or regulation.
      "(b) Pending Cases. - With respect to cases pending on the date
    of the enactment of this Act [May 7, 1991], or those cases which
    are brought before the establishment of either an administrative
    grievance procedure pursuant to section 7463 of title 38, United
    States Code (as added by the amendments made by this title), or a
    negotiated grievance procedure established under a collective
    bargaining agreement, such cases shall proceed in the same manner
    as they would have if this Act [see Tables for classification] had
    not been enacted."

-End-



-CITE-
    38 USC Sec. 7422                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-HEAD-
    Sec. 7422. Collective bargaining

-STATUTE-
      (a) Except as otherwise specifically provided in this title, the
    authority of the Secretary to prescribe regulations under section
    7421 of this title is subject to the right of Federal employees to
    engage in collective bargaining with respect to conditions of
    employment through representatives chosen by them in accordance
    with chapter 71 of title 5 (relating to labor-management
    relations).
      (b) Such collective bargaining (and any grievance procedures
    provided under a collective bargaining agreement) in the case of
    employees described in section 7421(b) of this title may not cover,
    or have any applicability to, any matter or question concerning or
    arising out of (1) professional conduct or competence, (2) peer
    review, or (3) the establishment, determination, or adjustment of
    employee compensation under this title.
      (c) For purposes of this section, the term "professional conduct
    or competence" means any of the following:
        (1) Direct patient care.
        (2) Clinical competence.

      (d) An issue of whether a matter or question concerns or arises
    out of (1) professional conduct or competence, (2) peer review, or
    (3) the establishment, determination, or adjustment of employee
    compensation under this title shall be decided by the Secretary and
    is not itself subject to collective bargaining and may not be
    reviewed by any other agency.
      (e) A petition for judicial review or petition for enforcement
    under section 7123 of title 5 in any case involving employees
    described in section 7421(b) of this title or arising out of the
    applicability of chapter 71 of title 5 to employees in those
    positions, shall be taken only in the United States Court of
    Appeals for the District of Columbia Circuit.

-SOURCE-
    (Added Pub. L. 102-40, title II, Sec. 202, May 7, 1991, 105 Stat.
    200.)

-End-



-CITE-
    38 USC Sec. 7423                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-HEAD-
    Sec. 7423. Personnel administration: full-time employees

-STATUTE-
      (a) The hours of employment in carrying out responsibilities
    under this title of any employee who is appointed in the
    Administration under any provision of this chapter on a full-time
    basis in a position listed in section 7421(b) of this title (other
    than an intern or resident appointed pursuant to section 7406 of
    this title) and who accepts responsibilities for carrying out
    professional services for remuneration other than those assigned
    under this title shall consist of not less than 80 hours in a
    biweekly pay period (as that term is used in section 5504 of title
    5).
      (b) A person covered by subsection (a) may not do any of the
    following:
        (1) Teach or provide consultative services at any affiliated
      institution if such teaching or consultation will, because of its
      nature or duration, conflict with such person's responsibilities
      under this title.
        (2) Accept payment under any insurance or assistance program
      established under title XVIII or XIX of the Social Security Act
      or under chapter 55 of title 10 for professional services
      rendered by such person while carrying out such person's
      responsibilities under this title.
        (3) Accept from any source, with respect to any travel
      performed by such person in the course of carrying out such
      person's responsibilities under this title, any payment or per
      diem for such travel, other than as provided for in section 4111
      of title 5.
        (4) Request or permit any individual or organization to pay, on
      such person's behalf for insurance insuring such person against
      malpractice claims arising in the course of carrying out such
      person's responsibilities under this title or for such person's
      dues or similar fees for membership in medical or dental
      societies or related professional associations, except where such
      payments constitute a part of such person's remuneration for the
      performance of professional responsibilities permitted under this
      section, other than those carried out under this title.
        (5) Perform, in the course of carrying out such person's
      responsibilities under this title, professional services for the
      purpose of generating money for any fund or account which is
      maintained by an affiliated institution for the benefit of such
      institution, or for such person's personal benefit, or both.

      (c) In the case of any fund or account described in subsection
    (b)(5) that was established before September 1, 1973 - 
        (1) the affiliated institution shall submit semiannually an
      accounting to the Secretary and to the Comptroller General of the
      United States with respect to such fund or account and shall
      maintain such fund or account subject to full public disclosure
      and audit by the Secretary and the Comptroller General for a
      period of three years or for such longer period as the Secretary
      shall prescribe, and
        (2) no person in a position specified in paragraph (1)(B) may
      receive any cash from amounts deposited in such fund or account
      derived from services performed before that date.

      (d) As used in this section:
        (1) The term "affiliated institution" means a medical school or
      other institution of higher learning with which the Secretary has
      a contract or agreement as referred to in section 7313 of this
      title for the training or education of health personnel.
        (2) The term "remuneration" means the receipt of any amount of
      monetary benefit from any non-Department source in payment for
      carrying out any professional responsibilities.

      (e)(1) The Secretary shall establish a leave transfer program for
    the benefit of health-care professionals in positions listed in
    section 7401(1) of this title. The Secretary may also establish a
    leave bank program for the benefit of such health-care
    professionals.
      (2) To the maximum extent feasible - 
        (A) the leave transfer program shall provide the same or
      similar requirements and conditions as are provided for the
      program established by the Director of the Office of Personnel
      Management under subchapter III of chapter 63 of title 5; and
        (B) any leave bank program established pursuant to paragraph
      (1) shall be consistent with the requirements and conditions
      provided for agency leave bank programs in subchapter IV of such
      chapter.

      (3) Participation by a health-care professional in the leave
    transfer program established pursuant to paragraph (1), and in any
    leave bank program established pursuant to such paragraph, shall be
    voluntary. The Secretary may not require any health-care
    professional to participate in such a program.
      (4)(A) The Secretary and the Director of the Office of Personnel
    Management may enter into an agreement that permits health-care
    professionals referred to in paragraph (1) to participate in the
    leave transfer program established by the Director of the Office of
    Personnel Management under subchapter III of chapter 63 of title 5
    or in any leave bank program established for other employees of the
    Department pursuant to subchapter IV of chapter 63 of title 5, or
    both.
      (B) Participation of such health-care professionals in a leave
    transfer program or a leave bank program pursuant to an agreement
    entered into under subparagraph (A) shall be subject to such
    requirements and conditions as may be prescribed in such agreement.
      (5) The Secretary is not required to establish a leave transfer
    program for any personnel permitted to participate in a leave
    transfer program pursuant to an agreement referred to in paragraph
    (4).
      (f) The Secretary may purchase promotional items of nominal value
    for use in the recruitment of individuals for employment under this
    chapter. The Secretary shall prescribe guidelines for the
    administration of the preceding sentence.

-SOURCE-
    (Added and amended Pub. L. 102-40, title II, Sec. 202, title IV,
    Sec. 401(b)(3)(A), May 7, 1991, 105 Stat. 201, 230; Pub. L. 102-
    405, title II, Sec. 203, title III, Sec. 302(c)(1), Oct. 9, 1992,
    106 Stat. 1983, 1984; Pub. L. 104-262, title III, Sec. 347, Oct. 9,
    1996, 110 Stat. 3208.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (b)(2), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and
    XIX of the Act are classified generally to subchapters XVIII (Sec.
    1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter
    7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4108(a), (c), and (e) of this title prior to the repeal of
    that section as part of the complete revision of chapter 73 of this
    title by Pub. L. 102-40.

                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-262, Sec. 347(a), redesignated
    pars. (2) to (6) as (1) to (5), respectively, and struck out former
    par. (1) which read as follows: "Assume responsibility for the
    medical care of any patient other than a patient admitted for
    treatment at a Department facility, except in those cases where the
    person, upon request and with the approval of the Under Secretary
    for Health, assumes such responsibilities to assist communities or
    medical practice groups to meet medical needs which would not
    otherwise be available for a period not to exceed 180 calendar
    days, which may be extended by the Under Secretary for Health for
    additional periods not to exceed 180 calendar days each."
      Subsec. (c). Pub. L. 104-262, Sec. 347(b), substituted
    "subsection (b)(5)" for "subsection (b)(6)" in introductory
    provisions.
      1992 - Subsec. (b)(1). Pub. L. 102-405, Sec. 302(c)(1),
    substituted "Under Secretary for Health" for "Chief Medical
    Director" in two places.
      Subsec. (f). Pub. L. 102-405, Sec. 203, added subsec. (f).
      1991 - Subsec. (e). Pub. L. 102-40, Sec. 401(b)(3)(A), added
    subsec. (e).

                    ESTABLISHMENT OF LEAVE BANK PROGRAM                
      For provision authorizing the establishment of a leave bank
    program for health-care professional covered under subsec. (e) of
    former section 4108 of this title [now covered by subsec. (e) of
    this section] similar to the leave bank program for Federal
    civilian employees in reserves who were activated during Persian
    Gulf War, see section 361 of Pub. L. 102-25, set out as a Leave
    Bank for Federal Civilian Employees in Reserves Who Were Activated
    During Persian Gulf War note under section 6361 of Title 5,
    Government Organization and Employees.

-End-



-CITE-
    38 USC Sec. 7424                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-HEAD-
    Sec. 7424. Travel expenses of certain employees

-STATUTE-
      (a) The Secretary may pay the expenses (other than membership
    fees) of persons described in sections 7306 and 7401(1) of this
    title (including persons in positions described in section 7401(1)
    of this title who are appointed on a temporary full-time basis or a
    part-time basis under section 7405 of this title) who are detailed
    by the Under Secretary for Health to attend meetings of
    associations for the promotion of medical and related science.
      (b)(1) The Secretary may prescribe regulations establishing
    conditions under which officers and employees of the Administration
    who are nationally recognized principal investigators in medical
    research may be permitted to accept payment, in cash or in kind,
    from non-Federal agencies, organizations, and individuals for
    travel and such reasonable subsistence expenses as are approved by
    the Secretary pursuant to such regulations - 
        (A) in connection with their attendance at meetings or in
      performing advisory services concerned with the functions or
      activities of the Department; or
        (B) in connection with acceptance of significant awards or with
      activity related thereto concerned with functions or activities
      of the Department.

      (2) Any such payment may be retained by such officers and
    employees to cover the cost of such expenses or shall be deposited
    to the credit of the appropriation from which the cost of such
    expenses is paid, as may be provided in such regulations.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(3)(B), May 7, 1991,
    105 Stat. 230; amended Pub. L. 102-405, title III, Sec. 302(c)(1),
    Oct. 9, 1992, 106 Stat. 1984.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    sections 4108(d) and 4113 of this title prior to the repeal of
    those sections as part of the complete revision of chapter 73 of
    this title by Pub. L. 102-40.

                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-405 substituted "Under Secretary
    for Health" for "Chief Medical Director".

-End-



-CITE-
    38 USC Sec. 7425                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-HEAD-
    Sec. 7425. Employees: laws not applicable

-STATUTE-
      (a) Physicians, dentists, nurses, and other health-care
    professionals employed by the Administration and appointed under
    section 7306, 7401(1), 7405, or 7406 of this chapter are not
    subject to the following provisions of law:
        (1) Section 413 of the Civil Service Reform Act of 1978.
        (2) Subchapter II of chapter 31 of title 5.
        (3) Subchapter VIII of chapter 33 of title 5.
        (4) Subchapter V of chapter 35 of title 5.
        (5) Subchapter II of chapter 43 of title 5.
        (6) Section 4507 of title 5.
        (7) Subchapter VIII of chapter 53 of title 5.
        (8) Subchapter V of chapter 75 of title 5.

      (b) Notwithstanding any other provision of law, no provision of
    title 5 or any other law pertaining to the civil service system
    which is inconsistent with any provision of section 7306 of this
    title or this chapter shall be considered to supersede, override,
    or otherwise modify such provision of that section or this chapter
    except to the extent that such provision of title 5 or of such
    other law specifically provides, by specific reference to a
    provision of this chapter, or such provision to be superseded,
    overridden, or otherwise modified.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(3)(B), May 7, 1991,
    105 Stat. 231.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 413 of the Civil Service Reform Act of 1978, referred to
    in subsec. (a)(1), is section 413 of Pub. L. 95-454, title IV, Oct.
    13, 1978, 92 Stat. 1175, which is set out as a note under section
    3133 of Title 5, Government Organization and Employees.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    sections 4101(e) and 4119 of this title prior to the repeal of
    those sections as part of the complete revision of chapter 73 of
    this title by Pub. L. 102-40.

-End-



-CITE-
    38 USC Sec. 7426                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

-HEAD-
    Sec. 7426. Retirement rights

-STATUTE-
      (a) Except as provided in subsection (b), persons appointed to
    the Administration shall be subject to the provisions of and
    entitled to benefits under subchapter III of chapter 83 of title 5
    or subchapter II of chapter 84 of title 5, whichever is applicable.
      (b)(1) In computing the annuity under subchapter III of chapter
    83, or subchapter II of chapter 84, of title 5 of an individual who
    retires under such subchapter (other than under section 8337 or
    8451 of such title) after December 31, 1981, and who served at any
    time on a less-than-full-time basis in a position in the
    Administration to which such individual was appointed under
    subchapter I - 
        (A) for the purpose of determining such individual's average
      pay, as defined by section 8331(4) or 8401(3) of title 5,
      whichever is applicable, the annual rate of basic pay for full-
      time service shall be deemed to be such individual's rate of
      basic pay; and
        (B) the amount of such individual's annuity as computed under
      section 8339 or 8415 of title 5 (before application of any
      reduction required by subsection (i) of section 8339) shall be
      multiplied by the fraction equal to the ratio that that
      individual's total full-time equivalent service bears to that
      individual's creditable service as determined under section 8332
      or 8411 of title 5, whichever is applicable.

      (2) For the purposes of paragraph (1)(B), an individual's full-
    time equivalent service is the individual's creditable service as
    determined under section 8332 or 8411 of title 5, whichever is
    applicable, except that any period of service of such individual
    served on a less-than-full-time basis shall be prorated based on
    the fraction such service bears to full-time service. For the
    purposes of the preceding sentence, full-time service shall be
    considered to be 80 hours of service per biweekly pay period.
      (3) A survivor annuity computed under section 8341, or subchapter
    IV of chapter 84, of title 5 based on the service of an individual
    described in paragraph (1) shall be computed based upon such
    individual's annuity as determined in accordance with such
    paragraph.
      (c) The provisions of subsection (b) shall not apply to the part-
    time service before April 7, 1986, of a registered nurse,
    physician assistant, or expanded-function dental auxiliary. In
    computing the annuity under the applicable provision of law
    specified in that subsection of an individual covered by the
    preceding sentence, the service described in that sentence shall be
    credited as full-time service.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(3)(B), May 7, 1991,
    105 Stat. 231; amended Pub. L. 102-585, title V, Sec. 522, Nov. 4,
    1992, 106 Stat. 4959; Pub. L. 106-398, Sec. 1 [[div. A], title X,
    Sec. 1087(g)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A-294; Pub. L.
    107-135, title I, Sec. 132, Jan. 23, 2002, 115 Stat. 2454.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    sections 4107(i) and 4109 of this title prior to the repeal of
    those sections as part of the complete revision of chapter 73 of
    this title by Pub. L. 102-40.

                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-135 added subsec. (c).
      2000 - Subsec. (c). Pub. L. 106-398 struck out subsec. (c) which
    read as follows: "The Secretary may authorize an exception to the
    restrictions in subsections (a), (b), and (c) of section 5532 of
    title 5 if necessary to meet special or emergency employment needs
    which result from a severe shortage of well-qualified candidates in
    physician positions, and registered nurse positions, which
    otherwise cannot be readily met. The authority of the Secretary
    under the preceding sentence with respect to registered-nurse
    positions expires on December 31, 1994."
      1992 - Subsec. (c). Pub. L. 102-585 substituted "December 31,
    1994" for "September 30, 1992".

-End-


-CITE-
    38 USC SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS     01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS

-HEAD-
             SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS         

-COD-
                               CODIFICATION                           
      This subchapter was originally added by Pub. L. 102-40, May 7,
    1991, 105 Stat. 187, and amended by Pub. L. 102-405, Oct. 9, 1992,
    106 Stat. 1972; Pub. L. 104-262, Oct. 9, 1996, 110 Stat. 3177; Pub.
    L. 103-446, Nov. 2, 1994, 108 Stat. 4645; Pub. L. 106-419, Nov. 1,
    2000, 114 Stat. 1822. This subchapter is shown here, however, as
    having been added by Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118
    Stat. 2636, without reference to those intervening amendments
    because of the general amendment of this subchapter by Pub. L. 108-
    445.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2636,
    substituted "PAY FOR PHYSICIANS AND DENTISTS" for "SPECIAL PAY FOR
    PHYSICIANS AND DENTISTS" in subchapter heading.

-End-



-CITE-
    38 USC Sec. 7431                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS

-HEAD-
    Sec. 7431. Pay

-STATUTE-
      (a) Elements of Pay. - Pay of physicians and dentists in the
    Veterans Health Administration shall consist of three elements as
    follows:
        (1) Base pay as provided for under subsection (b).
        (2) Market pay as provided for under subsection (c).
        (3) Performance pay as provided under subsection (d).

      (b) Base Pay. - One element of pay for physicians and dentists
    shall be base pay. Base pay shall meet the following requirements:
        (1) Each physician and dentist is entitled to base pay
      determined under the Physician and Dentist Base and Longevity Pay
      Schedule.
        (2) The Physician and Dentist Base and Longevity Pay Schedule
      is composed of 15 rates of base pay designated, from the lowest
      rate of pay to the highest rate of pay, as base pay steps 1
      through 15.
        (3) The rate of base pay payable to a physician or dentist is
      based on the total number of the years of the service of the
      physician or dentist in the Veterans Health Administration as
      follows:

    For a physician or dentist                             The rate of
                                                           base pay is
     with total service of:                                   the rate
                                                          payable for:
    two years or less                                        step 1   
    more than 2 years and not more than 4 years              step 2   
    more than 4 years and not more than 6 years              step 3   
    more than 6 years and not more than 8 years              step 4   
    more than 8 years and not more than 10 years             step 5   
    more than 10 years and not more than 12 years            step 6   
    more than 12 years and not more than 14 years            step 7   
    more than 14 years and not more than 16 years            step 8   
    more than 16 years and not more than 18 years            step 9   
    more than 18 years and not more than 20 years            step 10  
    more than 20 years and not more than 22 years            step 11  
    more than 22 years and not more than 24 years            step 12  
    more than 24 years and not more than 26 years            step 13  
    more than 26 years and not more than 28 years            step 14  
    more than 28 years                                        step 15.

        (4) At the same time as rates of basic pay are increased for a
      year under section 5303 of title 5, the Secretary shall increase
      the amount of base pay payable under this subsection for that
      year by a percentage equal to the percentage by which rates of
      basic pay are increased under such section for that year.

      (c) Market Pay. - One element of pay for physicians and dentists
    shall be market pay. Market pay shall meet the following
    requirements:
        (1) Each physician and dentist is eligible for market pay.
        (2) Market pay shall consist of pay intended to reflect the
      recruitment and retention needs for the specialty or assignment
      (as defined by the Secretary) of a particular physician or
      dentist in a facility of the Department of Veterans Affairs.
        (3) The annual amount of the market pay payable to a physician
      or dentist shall be determined by the Secretary on a case-by-case
      basis.
        (4)(A) In determining the amount of market pay for physicians
      or dentists, the Secretary shall consult two or more national
      surveys of pay for physicians or dentists, as applicable, whether
      prepared by private, public, or quasi-public entities in order to
      make a general assessment of the range of pays payable to
      physicians or dentists, as applicable.
        (B)(i) In determining the amount of the market pay for a
      particular physician or dentist under this subsection, and in
      determining a tier (if any) to apply to a physician or dentist
      under subsection (e)(1)(B), the Secretary shall consult with and
      consider the recommendations of an appropriate panel or board
      composed of physicians or dentists (as applicable).
        (ii) A physician or dentist may not be a member of the panel or
      board that makes recommendations under clause (i) with respect to
      the market pay of such physician or dentist, as the case may be.
        (iii) The Secretary should, to the extent practicable, ensure
      that a panel or board consulted under this subparagraph includes
      physicians or dentists (as applicable) who are practicing
      clinicians and who do not hold management positions in the
      medical facility of the Department at which the physician or
      dentist subject to the consultation is employed.
        (5) The determination of the amount of market pay of a
      physician or dentist shall take into account - 
          (A) the level of experience of the physician or dentist in
        the specialty or assignment of the physician or dentist;
          (B) the need for the specialty or assignment of the physician
        or dentist at the medical facility of the Department concerned;
          (C) the health care labor market for the specialty or
        assignment of the physician or dentist, which may cover any
        geographic area the Secretary considers appropriate for the
        specialty or assignment;
          (D) the board certifications, if any, of the physician or
        dentist;
          (E) the prior experience, if any, of the physician or dentist
        as an employee of the Veterans Health Administration; and
          (F) such other considerations as the Secretary considers
        appropriate.

        (6) The amount of market pay of a physician or dentist shall be
      evaluated by the Secretary not less often than once every 24
      months. The amount of market pay may be adjusted as the result of
      an evaluation under this paragraph. A physician or dentist whose
      market pay is evaluated under this paragraph shall receive
      written notice of the results of such evaluation in accordance
      with procedures prescribed under section 7433 of this title.
        (7) No adjustment of the amount of market pay of a physician or
      dentist under paragraph (6) may result in a reduction of the
      amount of market pay of the physician or dentist while in the
      same position or assignment at the medical facility of the
      Department concerned.

      (d) Performance Pay. - (1) One element of pay for physicians and
    dentists shall be performance pay.
      (2) Performance pay shall be paid to a physician or dentist on
    the basis of the physician's or dentist's achievement of specific
    goals and performance objectives prescribed by the Secretary.
      (3) The Secretary shall ensure that each physician and dentist of
    the Department is advised of the specific goals or objectives that
    are to be measured by the Secretary in determining the eligibility
    of that physician or dentist for performance pay.
      (4) The amount of the performance pay payable to a physician or
    dentist may vary annually on the basis of individual achievement or
    attainment of the goals or objectives applicable to the physician
    or dentist under paragraph (2).
      (5) The amount of performance pay payable to a physician or
    dentist in a fiscal year shall be determined in accordance with
    regulations prescribed by the Secretary, but may not exceed the
    lower of - 
        (A) $15,000; or
        (B) the amount equal to 7.5 percent of the sum of the base pay
      and the market pay payable to such physician or dentist in that
      fiscal year.

      (6) A failure to meet goals or objectives applicable to a
    physician or dentist under paragraph (2) may not be the sole basis
    for an adverse personnel action against that physician or dentist.
      (e) Requirements and Limitations on Total Pay. - (1)(A) Not less
    often than once every two years, the Secretary shall prescribe for
    Department-wide applicability the minimum and maximum amounts of
    annual pay that may be paid under this section to physicians and
    the minimum and maximum amounts of annual pay that may be paid
    under this section to dentists.
      (B) The Secretary may prescribe for Department-wide applicability
    under this paragraph separate minimum and maximum amounts of pay
    for a specialty or assignment. If the Secretary prescribes separate
    minimum and maximum amounts for a specialty or assignment, the
    Secretary may establish up to four tiers of minimum and maximum
    amounts for such specialty or assignment and prescribe for each
    tier a minimum amount and a maximum amount that the Secretary
    determines appropriate for the professional responsibilities,
    professional achievements, and administrative duties of the
    physicians or dentists (as the case may be) whose pay is set within
    that tier.
      (C) Amounts prescribed under this paragraph shall be published in
    the Federal Register, and shall not take effect until at least 60
    days after the date of publication.
      (2) Except as provided in paragraph (3) and subject to paragraph
    (4), the sum of the total amount of the annual rate of base pay
    payable to a physician or dentist under subsection (b) and the
    market pay determined for the physician or dentist under subsection
    (c) may not be less than the minimum amount, nor more than the
    maximum amount, applicable to specialty or assignment of the
    physician or dentist under paragraph (1).
      (3) The sum of the total amount of the annual rate of base pay
    payable to a physician or dentist under subsection (b) and the
    market pay determined for the physician or dentist under subsection
    (c) may exceed the maximum amount applicable to the specialty or
    assignment of the physician or dentist under paragraph (1) as a
    result of an adjustment under paragraph (3) or (4) of subsection
    (b).
      (4) In no case may the total amount of compensation paid to a
    physician or dentist under this title in any year exceed the amount
    of annual compensation (excluding expenses) specified in section
    102 of title 3.
      (f) Treatment of Pay. - Pay under subsections (b) and (c) of this
    section shall be considered pay for all purposes, including
    retirement benefits under chapters 83 and 84 of title 5 and other
    benefits.
      (g) Ancillary Effects of Decreases in Pay. - (1) A decrease in
    pay of a physician or dentist resulting from an adjustment in the
    amount of market pay of the physician or dentist under subsection
    (c) shall not be treated as an adverse action.
      (2) If the pay of a physician or dentist is reduced under this
    subchapter as a result of an involuntary reassignment in connection
    with a disciplinary action taken against the physician or dentist,
    the involuntary reassignment shall be subject to appeal under
    subchapter V of this chapter.
      (h) Delegation of Responsibilities. - The Secretary may delegate
    to an appropriate officer or employee of the Department any
    responsibility of the Secretary under subsection (c), (d), or (e)
    except for the responsibilities of the Secretary under subsection
    (e)(1).

-SOURCE-
    (Added Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2636.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7431, added Pub. L. 102-40, title I, Sec. 102,
    May 7, 1991, 105 Stat. 188; amended Pub. L. 102-405, title III,
    Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984, related to authority
    of Secretary to provide for special pay, prior to the general
    amendment of this subchapter by Pub. L. 108-445.

                              EFFECTIVE DATE                          
      Pub. L. 108-445, Sec. 3(d), Dec. 3, 2004, 118 Stat. 2641,
    provided that:
      "(1) Notwithstanding the 60-day waiting requirement in section
    7431(e)(1)(C) of title 38, United States Code (as amended by
    subsection (b)), pay provided for a physician or dentist under
    subchapter III of chapter 74 of such title, as amended by
    subsection (b), shall take effect on the first day of the first pay
    period applicable to such physician or dentist that begins on or
    after January 1, 2006.
      "(2) Pay provided for the Under Secretary for Health under
    subchapter III of chapter 74 of title 38, United States Code, as
    amended by this section shall take effect on the first day of the
    first pay period applicable to the Under Secretary that begins on
    or after January 1, 2006."

                           TRANSITION PROVISIONS                       
      Pub. L. 108-445, Sec. 3(e), Dec. 3, 2004, 118 Stat. 2641,
    provided that:
      "(1) Physicians and dentists. - 
        "(A) Pay. - (i) The amount of the pay payable on and after the
      date of the enactment of this Act [Dec. 3, 2004] to a physician
      or dentist in receipt of pay under section 7404 or 7405 of title
      38, United States Code, as of the day before such date shall
      continue to be determined under such section (as in effect on the
      day before such date) until the effective date that is applicable
      under subsection (d) [set out as a note above] to such physician
      or dentist, as the case may be.
        "(ii) A physician or dentist appointed or reassigned on or
      after the date of the enactment of this Act, but before the
      effective date applicable under subsection (d) to such physician
      or dentist, shall be compensated in accordance with applicable
      provisions of section 7404 or 7405 of title 38, United States
      Code (as in effect on the day before date of the enactment of
      this Act), until such effective date.
        "(B) Special pay. - (i) A special pay agreement entered into by
      a physician or dentist under subchapter III of chapter 74 of
      title 38, United States Code, before the date of the enactment of
      this Act shall terminate on the date of the enactment of this
      Act. However, a physician or dentist in receipt of special pay
      pursuant to such an agreement on that date shall continue to
      receive special pay under the terms of such agreement until the
      effective date that is applicable under subsection (d) to such
      physician or dentist.
        "(ii) A physician or dentist described in subparagraph (A)(ii)
      may be paid special pay under applicable provisions of section
      7433, 7434, 7435, or 7436 of title 38, United States Code (as in
      effect on the day before the date of the enactment of this Act),
      during the period beginning on the date of the appointment or
      reassignment of such physician or dentist, as the case may be,
      and ending on the effective date applicable under subsection (d)
      to such physician or dentist. However, no special pay agreement
      shall be required for the payment of special pay under this
      clause.
        "(C) Treatment of special pay. - (i) Special pay paid under
      subparagraph (B) to a physician or dentist during the period
      beginning on the date of the enactment of this Act and ending on
      the effective date applicable under subsection (d) to such
      physician or dentist shall be subject to the provisions of
      paragraphs (1), (2), (4), (5), and (6) of section 7438(b) of
      title 38, United States Code (as in effect on the day before the
      date of the enactment of this Act).
        "(ii) Special pay paid to a physician or dentist under section
      7438 of title 38, United States Code (as in effect on the day
      before the date of the enactment of this Act), shall be fully
      creditable for purposes of computing benefits under chapters 83
      and 84 of title 5, United States Code.
        "(D) Preservation of pay. - The amount of pay paid to a
      physician or dentist after the effective date of this Act shall
      not be less than the amount of pay paid to such physician or
      dentist on the day before the effective date of this Act while
      such physician or dentist remains in the same position or
      assignment.
      "(2) Under secretary for health. - 
        "(A) Special pay. - (i) The current special pay agreement
      entered into by the Under Secretary for Health under subchapters
      I and III of chapter 74 of title 38, United States Code, before
      the date of the enactment of this Act [Dec. 3, 2004] shall
      terminate on the date of the enactment of this Act. However, the
      Under Secretary shall continue to receive special pay under the
      terms of such agreement until the effective date that is
      applicable under subsection (d) [set out as a note above] to the
      Under Secretary.
        "(ii) An individual appointed as Under Secretary for Health on
      or after the date of the enactment of this Act and before the
      effective date applicable under subsection (d) to the Under
      Secretary shall be paid special pay in accordance with the
      provisions of sections 7432(d)(2) and 7433 of title 38, United
      States Code (as in effect on the day before the date of the
      enactment of this Act), during the period beginning on the date
      of appointment and ending on such effective date. However, no
      special pay agreement shall be required for the payment of
      special pay under this clause.
        "(B) Treatment of special pay. - Special pay paid under
      subparagraph (A) during the period beginning on the date of the
      enactment of this Act and ending on the effective date applicable
      under subsection (d) to the Under Secretary - 
          "(i) shall be subject to the provisions of paragraphs (1),
        (2), (4), (5), and (6) of section 7438(b) of title 38, United
        States Code (as in effect on the day before the date of the
        enactment of this Act); and
          "(ii) shall be fully creditable for purposes of computing
        benefits under chapters 83 and 84 of title 5, United States
        Code."

           INITIAL RATES OF BASE PAY FOR PHYSICIANS AND DENTISTS       
      Pub. L. 108-445, Sec. 3(c), Dec. 3, 2004, 118 Stat. 2641,
    provided that: "The initial rates of base pay established for the
    base pay steps under the Physician and Dentist Base and Longevity
    Pay Schedule provided in section 7431(b) of title 38, United States
    Code (as added by subsection (b)), are as follows:

    "Base Pay Step:                                       Rate of Pay:
      1                                                       $90,000 
      2                                                       $93,000 
      3                                                       $96,000 
      4                                                       $99,000 
      5                                                      $102,000 
      6                                                      $105,000 
      7                                                      $108,000 
      8                                                      $111,000 
      9                                                      $114,000 
      10                                                     $117,000 
      11                                                     $120,000 
      12                                                     $123,000 
      13                                                     $126,000 
      14                                                     $129,000 
      15                                                    $132,000."


-End-



-CITE-
    38 USC Sec. 7432                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS

-HEAD-
    Sec. 7432. Pay of Under Secretary for Health

-STATUTE-
      (a) Base Pay. - The base pay of the Under Secretary for Health
    shall be the annual rate of basic pay for positions at Level III of
    the Executive Schedule under section 5314 of title 5.
      (b) Market Pay. - (1) In the case of an Under Secretary for
    Health who is also a physician or dentist, in addition to the base
    pay specified in subsection (a) the Under Secretary for Health may
    also be paid the market pay element of pay of physicians and
    dentists under section 7431(c) of this title.
      (2) The amount of market pay of the Under Secretary for Health
    under this subsection shall be established by the Secretary.
      (3) In establishing the amount of market pay of the Under
    Secretary for Health under this subsection, the Secretary shall
    utilize an appropriate health care labor market selected by the
    Secretary for purposes of this subsection.
      (c) Treatment of Pay. - Pay under this section shall be
    considered pay for all purposes, including retirement benefits
    under chapters 83 and 84 of title 5 and other benefits.

-SOURCE-
    (Added Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2640.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7432, added Pub. L. 102-40, title I, Sec. 102,
    May 7, 1991, 105 Stat. 189; amended Pub. L. 102-405, title III,
    Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104-262,
    title III, Sec. 346, Oct. 9, 1996, 110 Stat. 3208, related to
    written agreements for special pay, prior to the general amendment
    of this subchapter by Pub. L. 108-445.

-End-



-CITE-
    38 USC Sec. 7433                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS

-HEAD-
    Sec. 7433. Administrative matters

-STATUTE-
      (a) Regulations. - (1) The Secretary shall prescribe regulations
    relating to the pay of physicians and dentists in the Veterans
    Health Administration under this subchapter.
      (2) In prescribing the regulations, the Secretary shall take into
    account the recommendations of the Under Secretary for Health on
    the administration of this subchapter. In formulating
    recommendations for the purpose of this paragraph, the Under
    Secretary shall request the views of representatives of labor
    organizations that are exclusive representatives of physicians and
    dentists of the Department and the views of representatives of
    professional organizations of physicians and dentists of the
    Department.
      (b) Reports. - (1) Not later than 18 months after the Secretary
    prescribes the regulations required by subsection (a), and annually
    thereafter for the next 5 years, the Secretary shall submit to the
    Committees on Veterans' Affairs of the Senate and House of
    Representatives a report on the pay of physicians and dentists in
    the Veterans Health Administration under this subchapter.
      (2) Each report under this subsection shall include the
    following:
        (A) A description of the rates of pay in effect during the
      current fiscal year with a comparison to the rates in effect
      during the fiscal year preceding the current fiscal year, set
      forth by facility and by specialty.
        (B) The number of physicians and dentists who left the Veterans
      Health Administration during the preceding fiscal year.
        (C) The number of unfilled physician positions and dentist
      positions in each specialty in the Veterans Health
      Administration, the average and maximum lengths of time that such
      positions have been unfilled, and an assessment of the reasons
      that such positions remain unfilled.
        (D) An assessment of the impact of implementation of this
      subchapter on efforts to recruit and retain physicians and
      dentists in the Veterans Health Administration.

      (3) The first two annual reports under this subsection shall also
    include a comparison of staffing levels, contract expenditures, and
    average salaries of physicians and dentists in the Veterans Health
    Administration for the current fiscal year and for the fiscal year
    preceding the current fiscal year, set forth by facility and by
    specialty.

-SOURCE-
    (Added Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2640.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 7433 to 7440 were omitted in the general amendment
    of this subchapter by Pub. L. 108-445.
      Section 7433, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 191; amended Pub. L. 102-405, title III, Sec.
    302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title
    XII, Sec. 1201(e)(22), Nov. 2, 1994, 108 Stat. 4686, related to
    special pay for full-time physicians.
      Section 7434, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 192, related to special pay of part-time
    physicians.
      Section 7435, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 193; amended Pub. L. 102-405, title III, Sec.
    302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title
    XII, Sec. 1201(e)(22), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 106-
    419, title II, Sec. 202(a)-(f), Nov. 1, 2000, 114 Stat. 1840,
    1841, related to special pay of full-time dentists.
      Section 7436, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 194, related to special pay of part-time dentists.
      Section 7437, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 194; amended Pub. L. 102-405, title II, Sec.
    204(a), title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1983,
    1984, related to general provisions concerning special pay of
    physicians and dentists.
      Section 7438, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 196; amended Pub. L. 106-419, title II, Sec.
    202(g), Nov. 1, 2000, 114 Stat. 1841, related to coordination of
    special pay with other benefits laws.
      Section 7439, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 197, related to periodic review and quadrennial
    reports regarding pay of physicians and dentists.
      Section 7440, added Pub. L. 102-40, title I, Sec. 102, May 7,
    1991, 105 Stat. 198; amended Pub. L. 103-446, title XII, Sec.
    1201(c)(6), Nov. 2, 1994, 108 Stat. 4684, related to annual reports
    of the use of authorities provided in this subchapter.

-End-


-CITE-
    38 USC SUBCHAPTER IV - PAY FOR NURSES AND OTHER
           HEALTH-CARE PERSONNEL                           01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
      SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL  

-End-



-CITE-
    38 USC Sec. 7451                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7451. Nurses and other health-care personnel: competitive pay

-STATUTE-
      (a)(1) It is the purpose of this section to ensure, by a means
    providing increased responsibility and authority to directors of
    Department health-care facilities, that the rates of basic pay for
    health-care personnel positions described in paragraph (2) in each
    Department health-care facility (including the rates of basic pay
    of personnel employed in such positions on a part-time basis) are
    sufficient for that facility to be competitive, on the basis of pay
    and other employee benefits, with non-Department health-care
    facilities in the same labor-market area in the recruitment and
    retention of qualified personnel for those positions.
      (2) The health-care personnel positions referred to in paragraph
    (1) (hereinafter in this section referred to as "covered
    positions") are the following:
        (A) Registered nurse.
        (B) Such positions referred to in paragraphs (1) and (3) of
      section 7401 of this title (other than the positions of
      physician, dentist, and registered nurse) as the Secretary may
      determine upon the recommendation of the Under Secretary for
      Health.

      (3)(A) Except as provided in subparagraph (B), the rates of basic
    pay for covered positions in the Department shall be established
    and adjusted in accordance with this section instead of subsection
    (b)(1) of section 7404 of this title or chapter 53 of title 5.
      (B) Under such regulations as the Secretary shall prescribe, the
    Secretary shall establish and adjust the rates of basic pay for
    covered positions at the following health-care facilities in order
    to provide rates of basic pay that enable the Secretary to recruit
    and retain sufficient numbers of health-care personnel in such
    positions at those facilities:
        (i) The Veterans Memorial Medical Center in the Republic of the
      Philippines.
        (ii) Department of Veterans Affairs health-care facilities
      located outside the contiguous States, Alaska, and Hawaii.

      (4) The Secretary, after receiving the recommendation of the
    Under Secretary for Health, shall prescribe regulations setting
    forth criteria and procedures to carry out this section and section
    7452 of this title. Requirements in such regulations for directors
    to provide and maintain documentation of actions taken under this
    section shall require no more documentation than the minimum
    essential for responsible administration.
      (b) The Secretary shall maintain the five grade levels for nurses
    employed by the Department under section 7401(1) of this title as
    specified in the Nurse Schedule in section 7404(b) of this title.
    The Secretary shall, pursuant to regulations prescribed to carry
    out this subchapter, establish grades for other covered positions
    as the Secretary considers appropriate.
      (c)(1) For each grade in a covered position, there shall be a
    range of basic pay. The maximum rate of basic pay for a grade shall
    be 133 percent of the minimum rate of basic pay for the grade,
    except that, if the Secretary determines that a higher maximum rate
    is necessary with respect to any such grade in order to recruit and
    retain a sufficient number of high-quality health-care personnel,
    the Secretary may raise the maximum rate of basic pay for that
    grade to a rate not in excess of 175 percent of the minimum rate of
    basic pay for the grade. Whenever the Secretary exercises the
    authority under the preceding sentence to establish the maximum
    rate of basic pay at a rate in excess of 133 percent of the minimum
    rate for that grade, the Secretary shall, in the next annual report
    required by subsection (g),(!1) provide justification for doing so
    to the Committees on Veterans' Affairs of the Senate and House of
    Representatives.

      (2) The maximum rate of basic pay for any grade for a covered
    position may not exceed the maximum rate of basic pay established
    for positions in level V of the Executive Schedule under section
    5316 of title 5.
      (3) The range of basic pay for each such grade shall be divided
    into equal increments, known as "steps". The Secretary shall
    prescribe the number of steps. Each grade in a covered position
    shall have the same number of steps. Rates of pay within a grade
    may not be established at rates other than whole steps. Any
    increase (other than an adjustment under subsection (d)) within a
    grade in the rate of basic pay payable to an employee in a covered
    position shall be by one or more of such step increments.
      (d)(1) Subject to subsection (e), the rates of basic pay for each
    grade in a covered position shall be adjusted periodically in
    accordance with this subsection in order to achieve the purposes of
    this section. Such adjustments shall be made - 
        (A) whenever there is an adjustment under section 5303 of title
      5 in the rates of pay under the General Schedule, with the
      adjustment under this subsection to have the same effective date
      and to be by the same percentage as the adjustment in the rates
      of basic pay under the General Schedule; and
        (B) at such additional times as the director of a Department
      health-care facility, with respect to employees in that grade at
      that facility, or the Under Secretary for Health, with respect to
      covered Regional and Central Office employees in that grade,
      determines.

      (2) An adjustment in rates of basic pay under this subsection for
    a grade shall be carried out by adjusting the amount of the minimum
    rate of basic pay for that grade in accordance with paragraph (3)
    and then adjusting the other rates for that grade to conform to the
    requirements of subsection (c). Except as provided in paragraph
    (1)(A), such an adjustment in the minimum rate of basic pay for a
    grade shall be made by the director of a Department health-care
    facility so as to achieve consistency with the beginning rate of
    compensation for corresponding health-care professionals in the
    Bureau of Labor Statistics (BLS) labor-market area of that
    facility.
      (3)(A) In the case of a Department health-care facility located
    in an area for which there is current information, based upon an
    industry-wage survey by the Bureau of Labor Statistics for that
    labor market, on compensation for corresponding health-care
    professionals for the BLS labor-market area of that facility, the
    director of the facility concerned shall use that information as
    the basis for making adjustments in rates of pay under this
    subsection. Whenever the Bureau of Labor Statistics releases the
    results of a new industry-wage survey for that labor market that
    includes information on compensation for corresponding health-care
    professionals, the director of that facility shall determine, not
    later than 30 days after the results of the survey are released,
    whether an adjustment in rates of pay for employees at that
    facility for any covered position is necessary in order to meet the
    purposes of this section. If the director determines that such an
    adjustment is necessary, the adjustment, based upon the information
    determined in the survey, shall take effect on the first day of the
    first pay period beginning after that determination.
      (B) In the case of a Department health-care facility located in
    an area for which the Bureau of Labor Statistics does not have
    current information on compensation for corresponding health-care
    professionals for the labor-market area of that facility for any
    covered position, the director of that facility shall conduct a
    survey in accordance with this subparagraph and shall adjust the
    amount of the minimum rate of basic pay for grades in that covered
    position at that facility based upon that survey. To the extent
    practicable, the director shall use third-party industry wage
    surveys to meet the requirements of the preceding sentence. Any
    such survey shall be conducted in accordance with regulations
    prescribed by the Secretary. Those regulations shall be developed
    in consultation with the Secretary of Labor in order to ensure that
    the director of a facility collects information that is valid and
    reliable and is consistent with standards of the Bureau. The survey
    should be conducted using methodology comparable to that used by
    the Bureau in making industry-wage surveys except to the extent
    determined infeasible by the Secretary. To the extent practicable,
    all surveys conducted pursuant to this subparagraph or subparagraph
    (A) shall include the collection of salary midpoints, actual
    salaries, lowest and highest salaries, average salaries, bonuses,
    incentive pays, differential pays, actual beginning rates of pay,
    and such other information needed to meet the purpose of this
    section. Upon conducting a survey under this subparagraph, the
    director concerned shall determine, not later than 30 days after
    the date on which the collection of information through the survey
    is completed or published, whether an adjustment in rates of pay
    for employees at that facility for any covered position is
    necessary in order to meet the purposes of this section. If the
    director determines that such an adjustment is necessary, the
    adjustment, based upon the information determined in the survey,
    shall take effect on the first day of the first pay period
    beginning after that determination.
      (C)(i) A director of a Department health-care facility may use
    data on the compensation paid to certified registered nurse
    anesthetists who are employed on a salary basis by entities that
    provide anesthesia services through certified registered nurse
    anesthetists in the labor-market area only if the director - 
        (I) has conducted a survey of compensation for certified
      registered nurse anesthetists in the local labor-market area of
      the facility under subparagraph (B);
        (II) has used all available administrative authority with
      regard to collection of survey data; and
        (III) makes a determination (under regulations prescribed by
      the Secretary) that such survey methods are insufficient to
      permit the adjustments referred to in subparagraph (B) for such
      nurse anesthetists employed by the facility.

      (ii) For the purposes of this subparagraph, certified registered
    nurse anesthetists who are so employed by such entities shall be
    deemed to be corresponding health-care professionals to the
    certified registered nurse anesthetists employed by the facility.
      (D) The Under Secretary for Health shall prescribe regulations
    providing for the adjustment of the rates of basic pay for Regional
    and Central Office employees in covered positions in order to
    assure that those rates are sufficient and competitive.
      (E) The director of a facility or Under Secretary for Health may
    not adjust rates of basic pay under this subsection for any pay
    grade so that the minimum rate of basic pay for that grade is
    greater than the beginning rates of compensation for corresponding
    positions at non-Department health-care facilities.
      (4) If the director of a Department health-care facility, or the
    Under Secretary for Health with respect to Regional and Central
    Office employees, determines, after any survey under paragraph
    (3)(B) that it is not necessary to adjust the rates of basic pay
    for employees in a grade of a covered position at that facility in
    order to carry out the purpose of this section, such an adjustment
    for employees at that facility in that grade shall not be made.
      (5) Information collected by the Department in surveys conducted
    under this subsection is not subject to disclosure under section
    552 of title 5.
      (6) In this subsection - 
        (A) The term "beginning rate of compensation", with respect to
      health-care personnel positions in non-Department health-care
      facilities corresponding to a grade of a covered position, means
      the sum of - 
          (i) the minimum rate of pay established for personnel in such
        positions who have education, training, and experience
        equivalent or similar to the education, training, and
        experience required for health-care personnel employed in the
        same category of Department covered positions; and
          (ii) other employee benefits for those positions to the
        extent that those benefits are reasonably quantifiable.

        (B) The term "corresponding", with respect to health-care
      personnel positions in non-Department health-care facilities,
      means those positions for which the education, training, and
      experience requirements are equivalent or similar to the
      education, training, and experience requirements for health-care
      personnel positions in Department health-care facilities.

      (e)(1) An adjustment in a rate of basic pay under subsection (d)
    may not reduce the rate of basic pay applicable to any grade of a
    covered position.
      (2) The director of a Department health-care facility, in
    determining whether to carry out a wage survey under subsection
    (d)(3) with respect to rates of basic pay for a grade of a covered
    position, may not consider as a factor in such determination the
    absence of a current recruitment or retention problem for personnel
    in that grade of that position. The director shall make such a
    determination based upon whether, in accordance with criteria
    established by the Secretary, there is a significant pay-related
    staffing problem at that facility in any grade for a position. If
    the director determines that there is such a problem, or that such
    a problem is likely to exist in the near future, the Director shall
    provide for a wage survey in accordance with subsection (d)(3).
      (3) The Under Secretary for Health may, to the extent necessary
    to carry out the purposes of subsection (d), modify any
    determination made by the director of a Department health-care
    facility with respect to adjusting the rates of basic pay
    applicable to covered positions. If the determination of the
    director would result in an adjustment in rates of basic pay
    applicable to covered positions, any action by the Under Secretary
    under the preceding sentence shall be made before the effective
    date of such pay adjustment. Upon such action by the Under
    Secretary, any adjustment shall take effect on the first day of the
    first pay period beginning after such action. The Secretary shall
    ensure that the Under Secretary establishes a mechanism for the
    timely exercise of the authority in this paragraph.
      (4) Each director of a Department health-care facility shall
    provide to the Secretary, not later than July 31 each year, a
    report on staffing for covered positions at that facility. The
    report shall include the following:
        (A) Information on turnover rates and vacancy rates for each
      covered position, including a comparison of those rates with the
      rates for the preceding three years.
        (B) The director's findings concerning the review and
      evaluation of the facility's staffing situation, including
      whether there is, or is likely to be, in accordance with criteria
      established by the Secretary, a significant pay-related staffing
      problem at that facility for any covered position and, if so,
      whether a wage survey was conducted, or will be conducted with
      respect to that position.
        (C) In any case in which the director conducts such a wage
      survey during the period covered by the report, information
      describing the survey and any actions taken or not taken based on
      the survey, and the reasons for taking (or not taking) such
      actions.
        (D) In any case in which the director, after finding that there
      is, or is likely to be, in accordance with criteria established
      by the Secretary, a significant pay-related staffing problem at
      that facility for any covered position, determines not to conduct
      a wage survey with respect to that position, a statement of the
      reasons why the director did not conduct such a survey.

      (5) Not later than September 30 of each year, the Secretary shall
    submit to the Committees on Veterans' Affairs of the Senate and
    House of Representatives a report on staffing for covered positions
    at Department health care facilities. Each such report shall
    include the following:
        (A) A summary and analysis of the information contained in the
      most recent reports submitted by facility directors under
      paragraph (4).
        (B) The information for each such facility specified in
      paragraph (4).

      (f) Not later than March 1 of each year, the Secretary shall
    submit to the Committees on Veterans' Affairs of the Senate and
    House of Representatives a report regarding any pay adjustments
    under the authority of subsection (d) effective during the 12
    months preceding the submission of the report. Each such report
    shall set forth, by health-care facility, the percentage of such
    increases and, in any case in which no increase was made, the basis
    for not providing an increase.
      (g) For the purposes of this section, the term "health-care
    facility" means a medical center, an independent outpatient clinic,
    or an independent domiciliary facility.

-SOURCE-
    (Added Pub. L. 101-366, title I, Sec. 102(b), Aug. 15, 1990, 104
    Stat. 431, Sec. 4141; renumbered Sec. 7451 and amended Pub. L. 102-
    40, title III, Sec. 301(b), (c), title IV, Sec. 401(c)(1)(A), (2),
    May 7, 1991, 105 Stat. 208, 238; Pub. L. 102-405, title III, Sec.
    302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102-585, title
    III, Secs. 301(b)-303, 304(b), 307, Nov. 4, 1992, 106 Stat. 4951-
    4953; Pub. L. 103-446, title XII, Sec. 1201(c)(7), (e)(23), Nov.
    2, 1994, 108 Stat. 4684, 4686; Pub. L. 104-110, title I, Sec.
    101(i), Feb. 13, 1996, 110 Stat. 768; Pub. L. 106-419, title II,
    Sec. 201(a), Nov. 1, 2000, 114 Stat. 1838; Pub. L. 107-135, title
    I, Sec. 133, Jan. 23, 2002, 115 Stat. 2454.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (g), referred to in subsec. (c)(1), was repealed and
    subsec. (h) was redesignated (g) by Pub. L. 106-419, title II, Sec.
    201(a)(4), Nov. 1, 2000, 114 Stat. 1840.
      The General Schedule, referred to in subsec. (d)(1)(A), is set
    out under section 5332 of Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d)(3)(A). Pub. L. 107-135, Sec. 133(1)(A), struck
    out "beginning rates of" before "compensation for corresponding
    health-care professionals" in two places.
      Subsec. (d)(3)(B). Pub. L. 107-135, Sec. 133(1)(B), struck out
    "beginning rates of" before "compensation for corresponding health-
    care professionals".
      Subsec. (d)(3)(C)(i). Pub. L. 107-135, Sec. 133(1)(C), struck out
    "beginning rates of" before "compensation" in introductory
    provisions and in subcl. (I).
      Subsec. (d)(4). Pub. L. 107-135, Sec. 133(2), struck out "or at
    any other time that an adjustment in rates of pay is scheduled to
    take place under this subsection" after "paragraph (3)(B)" and
    "Whenever a director makes such a determination, the director shall
    within 10 days notify the Under Secretary for Health of the
    decision and the reasons for the decision." at end.
      Subsec. (e)(4). Pub. L. 107-135, Sec. 133(3), struck out "grade
    in a" before "covered position" in subpar. (A), struck out "grade
    of a" before "covered position" and substituted "that position" for
    "that grade" in subpar. (B), and struck out "grade of a" before
    "covered position" in subpar. (D).
      2000 - Subsec. (d)(1). Pub. L. 106-419, Sec. 201(a)(1)(A)(i),
    substituted "Subject to subsection (e), the rates" for "The rates"
    in introductory provisions.
      Subsec. (d)(1)(A). Pub. L. 106-419, Sec. 201(a)(1)(A)(ii),
    substituted "section 5303" for "section 5305" and inserted "and to
    be by the same percentage" after "to have the same effective date".
      Subsec. (d)(2). Pub. L. 106-419, Sec. 201(a)(1)(B), substituted
    "Except as provided in paragraph (1)(A), such" for "Such" in second
    sentence.
      Subsec. (d)(3)(B). Pub. L. 106-419, Sec. 201(a)(1)(C), inserted
    after first sentence "To the extent practicable, the director shall
    use third-party industry wage surveys to meet the requirements of
    the preceding sentence.", inserted before penultimate sentence "To
    the extent practicable, all surveys conducted pursuant to this
    subparagraph or subparagraph (A) shall include the collection of
    salary midpoints, actual salaries, lowest and highest salaries,
    average salaries, bonuses, incentive pays, differential pays,
    actual beginning rates of pay, and such other information needed to
    meet the purpose of this section.", and in penultimate sentence
    inserted "or published" after "survey is completed".
      Subsec. (d)(3)(C)(iii). Pub. L. 106-419, Sec. 201(a)(1)(D),
    struck out cl. (iii) which read as follows: "The authority of the
    director to use such additional data under this subparagraph with
    respect to certified registered nurse anesthetists expires on
    January 1, 1998."
      Subsec. (e). Pub. L. 106-419, Sec. 201(a)(2), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows:
    "Adjustments in rates of basic pay under subsection (d) may
    increase or reduce the rates of basic pay applicable to any grade
    of a covered position. In the case of such an adjustment that
    reduces the rates of pay for a grade, an employee serving at a
    Department health-care facility on the day before the effective
    date of that adjustment in a position affected by the adjustment
    may not (by reason of that adjustment) incur a reduction in the
    rate of basic pay applicable to that employee so long as the
    employee continues to serve in that covered position at that
    facility. If such an employee is subsequently promoted to a higher
    grade, or advanced to a higher step within the employee's grade,
    for which the rate of pay as so adjusted is lower than the
    employee's rate of basic pay on the day before the effective date
    of the promotion, the employee shall continue to be paid at a rate
    of basic pay not less than the rate of basic pay applicable to the
    employee before the promotion so long as the employee continues to
    serve in that covered position at that facility."
      Subsec. (f). Pub. L. 106-419, Sec. 201(a)(3), substituted "March
    1 of each year" for "February 1 of 1991, 1992, and 1993" and
    "subsection (d)" for "subsection (d)(1)(A)".
      Subsecs. (g), (h). Pub. L. 106-419, Sec. 201(a)(4), redesignated
    subsec. (h) as (g) and struck out former subsec. (g) which directed
    that not later than Dec. 1 of 1991, 1992, and 1993, the Secretary
    was to submit to Congress a report regarding the exercise of
    authorities provided in this section for the preceding fiscal year
    and listed items to be included in report.
      1996 - Subsec. (d)(3)(C)(iii). Pub. L. 104-110 substituted
    "January 1, 1998" for "April 1, 1995".
      1994 - Subsec. (d)(3)(C)(i)(I). Pub. L. 103-446, Sec.
    1201(e)(23), substituted "labor-market area" for "labor market
    area".
      Subsec. (g)(1). Pub. L. 103-446, Sec. 1201(c)(7), substituted
    "Under Secretary for Health's actions" for "Chief Medical
    Director's actions".
      1992 - Subsec. (a)(2)(B). Pub. L. 102-405 substituted "Under
    Secretary for Health" for "Chief Medical Director".
      Subsec. (a)(3). Pub. L. 102-585, Sec. 302, designated existing
    provisions as subpar. (A), substituted "Except as provided in
    subparagraph (B), the rates" for "The rates", and added subpar.
    (B).
      Subsec. (a)(4). Pub. L. 102-405 substituted "Under Secretary for
    Health" for "Chief Medical Director".
      Subsec. (b). Pub. L. 102-585, Sec. 301(b), substituted "five" for
    "four".
      Subsec. (d)(1)(B). Pub. L. 102-405 substituted "Under Secretary
    for Health" for "Chief Medical Director".
      Subsec. (d)(3)(C). Pub. L. 102-585, Sec. 303(2), added subpar.
    (C). Former subpar. (C) redesignated (D).
      Pub. L. 102-405 substituted "Under Secretary for Health" for
    "Chief Medical Director".
      Subsec. (d)(3)(D). Pub. L. 102-585, Sec. 303(1), redesignated
    subpar. (C) as (D). Former subpar. (D) redesignated (E).
      Pub. L. 102-405 substituted "Under Secretary for Health" for
    "Chief Medical Director".
      Subsec. (d)(3)(E). Pub. L. 102-585, Sec. 303(1), redesignated
    subpar. (D) as (E).
      Subsec. (d)(4). Pub. L. 102-405 substituted "Under Secretary for
    Health" for "Chief Medical Director" in two places.
      Subsec. (g)(9). Pub. L. 102-585, Sec. 304(b), added par. (9).
      Subsec. (g)(10). Pub. L. 102-585, Sec. 307, added par. (10).
      1991 - Pub. L. 102-40, Sec. 401(c)(1)(A), renumbered section 4141
    of this title as this section.
      Subsec. (a)(2)(B). Pub. L. 102-40, Sec. 401(c)(2)(A)(i),
    substituted "paragraphs (1) and (3) of section 7401" for "clauses
    (1) and (3) of section 4104".
      Subsec. (a)(3). Pub. L. 102-40, Secs. 301(c), 401(c)(2)(A)(ii),
    substituted "7404" for "4107" and inserted before period at end "or
    chapter 53 of title 5".
      Subsec. (a)(4). Pub. L. 102-40, Sec. 401(c)(2)(A)(iii),
    substituted "7452" for "4142".
      Subsec. (b). Pub. L. 102-40, Sec. 401(c)(2)(B), substituted
    "7401(1)" for "4104(1)" and "7404(b)" for "4107(b)".
      Subsec. (d)(1)(B). Pub. L. 102-40, Sec. 301(b)(1), inserted "or
    the Chief Medical Director, with respect to covered Regional and
    Central Office employees in that grade," before "determines".
      Subsec. (d)(3)(C). Pub. L. 102-40, Sec. 301(b)(2)(B), added
    subpar. (C). Former subpar. (C) redesignated (D).
      Subsec. (d)(3)(D). Pub. L. 102-40, Sec. 301(b)(2)(A),
    redesignated subpar. (C) as (D) and inserted "or Chief Medical
    Director" after "facility".
      Subsec. (d)(4). Pub. L. 102-40, Sec. 301(b)(3), inserted ", or
    the Chief Medical Director with respect to Regional and Central
    Office employees," after "facility".
      Subsec. (g)(8). Pub. L. 102-40, Sec. 401(c)(2)(C), substituted
    "7452(b)(2)" for "4142(b)(2)".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by sections 301(b) to 303 and 304(b) of Pub. L. 102-585
    effective with respect to first pay period beginning on or after
    end of six-month period beginning on Nov. 4, 1992, see section 308
    of Pub. L. 102-585, set out as a note under section 7404 of this
    title.

                              EFFECTIVE DATE                          
      Section 104 of Pub. L. 101-366, as amended by Pub. L. 102-40,
    title III, Sec. 301(e), May 7, 1991, 105 Stat. 208, provided that:
      "(a) In General. - (1) Except as provided in subsection (b),
    section 101 [amending former section 4107 of this title and
    enacting provisions set out as a note under former section 4107 of
    this title] and the amendments made by section 102 [enacting this
    section and section 4142 [now 7452] of this title and amending
    former sections 4104 and 4107 of this title] shall take effect on
    the date of enactment [Aug. 15, 1990].
      "(2) The amendment made by section 103 [amending former section
    4107 of this title] shall take effect on the first day of the first
    pay period beginning after April 1, 1991.
      "(b) New Pay Rates. - The rates of basic pay established pursuant
    to section 4141 [now 7451] of title 38, United States Code, as
    added by section 102, shall take effect for covered positions (as
    defined in that section) with respect to the first pay period
    beginning on or after April 1, 1991."

                             SAVINGS PROVISION                         
      Section 301(a) of Pub. L. 102-40 provided that: "Physician
    assistants and expanded-function dental auxiliaries shall continue
    to be paid after August 14, 1990, according to the Nurse Schedule
    in section 4107(b) of title 38 [former section 4107(b) of this
    title], United States Code, as in effect on August 14, 1990, until
    the effective date of a determination by the Secretary to convert
    those occupations to 'covered positions' and pay them pursuant to
    section 7451 of such title, as redesignated by section 401(c)."

      PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT TOOLS TO ADDRESS
      NURSING SHORTAGES AT DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
                                FACILITIES
      Pub. L. 108-422, title V, Sec. 501, Nov. 30, 2004, 118 Stat.
    2395, provided that:
      "(a) Pilot Program. - (1) Not later than 90 days after the date
    of the enactment of this Act [Nov. 30, 2004], the Secretary of
    Veterans Affairs shall designate a health care service region, or a
    section within such a region, in which health care facilities of
    the Department of Veterans Affairs are adversely affected by a
    shortage of qualified nurses.
      "(2) The Secretary shall conduct a pilot program in the region or
    section designated under paragraph (1) to determine the
    effectiveness of the use of innovative human capital tools and
    techniques in the recruitment of qualified nurses for positions at
    Department health care facilities in such region or section and for
    the retention of nurses at such facilities. In carrying out the
    pilot program, the Secretary shall enter into a contract with a
    private sector entity for services under the pilot program for
    recruitment of qualified nurses.
      "(b) Private Sector Recruitment Practices. - For purposes of the
    pilot program under this section, the Secretary shall identify and
    use recruitment practices that have proven effective for placing
    qualified individuals in positions that are difficult to fill due
    to shortages of qualified individuals or other factors. Recruitment
    practices to be reviewed by the Secretary for use in the pilot
    program shall include - 
        "(1) employer branding and interactive advertising strategies;
        "(2) Internet technologies and automated staffing systems; and
        "(3) the use of recruitment, advertising, and communication
      agencies.
      "(c) Streamlined Hiring Process. - In carrying out the pilot
    program under this section, the Secretary shall, at health care
    facilities of the Department in the region or section in which the
    pilot program is conducted, revise procedures and systems for
    selecting and hiring qualified nurses to reduce the length of the
    hiring process. If the Secretary identifies measures to streamline
    and automate the hiring process that can only be implemented if
    authorized by law, the Secretary shall submit to the Committees on
    Veterans' Affairs of the Senate and House of Representatives
    recommendations for such changes in law as may be necessary to
    enable such measures to be implemented.
      "(d) Report. - Not later than one year after the date of the
    enactment of this Act, the Secretary shall submit to the Committees
    on Veterans' Affairs of the Senate and House of Representatives a
    report on the extent to which the pilot program achieved the goal
    of improving the recruitment and retention of nurses in Department
    of Veterans Affairs health care facilities."

      REPORT ON REQUESTS FOR WAIVERS OF PAY REDUCTIONS FOR REEMPLOYED
                    ANNUITANTS TO FILL NURSE POSITIONS
      Pub. L. 107-135, title I, Sec. 103, Jan. 23, 2002, 115 Stat.
    2450, required the Secretary of Veterans Affairs to submit to
    Congress not later than March 28 of 2002 and 2003 a report on
    requests, made during the fiscal year preceding such report, for
    waivers of pay reductions for reemployed annuitants to fill nurse
    positions.

                     NATIONAL COMMISSION ON VA NURSING                 
      Pub. L. 107-135, title I, subtitle D (Secs. 141-146), Jan. 23,
    2002, 115 Stat. 2454, established in the Department of Veterans
    Affairs the "National Commission on VA Nursing", directed the
    Commission, not later than two years after its first meeting, to
    report to Congress on legislative and organizational policy changes
    to enhance the recruitment and retention of nurses and other
    nursing personnel by the Department and the future of the nursing
    profession within the Department, and provided for the termination
    of the Commission 90 days after the date of the submission of its
    report.

                       REPORT ON NURSE LOCALITY PAY                   
      Pub. L. 105-368, title IX, Sec. 905, Nov. 11, 1998, 112 Stat.
    3361, provided that:
      "(a) Report Required. - (1) Not later than February 1, 1999, the
    Secretary of Veterans Affairs shall submit to the Committees on
    Veterans' Affairs of the Senate and the House of Representatives a
    report assessing the system of locality-based pay for nurses
    established under the Department of Veterans Affairs Nurse Pay Act
    of 1990 (Public Law 101-366) and now set forth in section 7451 of
    title 38, United States Code.
      "(2) The Secretary shall submit with the report under paragraph
    (1) a copy of the report on the locality pay system prepared by the
    contractor pursuant to a contract with Systems Flow, Inc., that was
    entered into on May 22, 1998.
      "(b) Matters To Be Included. - The report of the Secretary under
    subsection (a)(1) shall include the following:
        "(1) An assessment of the effects of the locality-based pay
      system, including information, shown by facility and grade level,
      regarding the frequency and percentage increases, if any, in the
      rate of basic pay under that system of nurses employed in the
      Veterans Health Administration.
        "(2) An assessment of the manner in which that system is being
      applied.
        "(3) Plans and recommendations of the Secretary for
      administrative and legislative improvements or revisions to the
      locality pay system.
        "(4) An explanation of the reasons for any decision not to
      adopt any recommendation in the report referred to in subsection
      (a)(2).
      "(c) Updated Report. - Not later than February 1, 2000, the
    Secretary shall submit to the Committees on Veterans' Affairs of
    the Senate and House of Representatives a report updating the
    report submitted under subsection (a)(1)."

        RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY    
      Any action taken by Secretary of Veterans Affairs before Feb. 13,
    1996, under provision of law amended by title I of Pub. L. 104-110
    that was taken during period beginning on date on which authority
    of Secretary under such provision of law expired and ending on Feb.
    13, 1996, considered to have same force and effect as if such
    amendment had been in effect at time of that action, see section
    103 of Pub. L. 104-110, set out as a note under section 1710 of
    this title.

                 NURSING PERSONNEL QUALIFICATION STANDARDS             
      Section 305 of Pub. L. 102-585 provided that:
      "(a) Revision. - The Secretary of Veterans Affairs shall conduct
    a review of the qualification standards used for nursing personnel
    at Department health-care facilities and the relationship between
    those standards and the compression of nursing personnel in the
    existing intermediate and senior grades. Based upon that review,
    the Secretary shall revise those qualification standards - 
        "(1) to reflect the five grade levels for nursing personnel
      under the Nurse Schedule [see 38 U.S.C. 7404(b)(1)], as amended
      by section 301; and
        "(2) to reduce the compression of nursing personnel in the
      existing intermediate and senior grades.
      "(b) Deadline For Prescribing Standards. - The Secretary shall
    prescribe revised qualification standards for nursing personnel
    pursuant to subsection (a) not later than six months after the date
    of the enactment of this Act [Nov. 4, 1992].
      "(c) Report. - The Secretary shall submit to the Committees on
    Veterans' Affairs of the Senate and House of Representatives a
    report on the Secretary's findings and actions under this section.
    The report shall be submitted not later than six months after the
    date on which revised qualification standards for nursing personnel
    are prescribed pursuant to subsection (b)."

                  REPORT ON PAY FOR CHIEF NURSE POSITION              
      Section 306 of Pub. L. 102-585 provided that:
      "(a) Review. - The Secretary of Veterans Affairs shall conduct a
    review of - 
        "(1) the process for determining the rate of basic pay
      applicable to the Chief Nurse position at Department of Veterans
      Affairs health-care facilities; and
        "(2) the relationship between the rate of such basic pay and
      the rate of basic pay applicable to nurses in positions
      subordinate to the Chief Nurse at the respective Department
      facilities.
    The review shall include an assessment of the adequacy of that
    process in determining an equitable pay rate for the Chief Nurse
    position, including an assessment of the accuracy of data collected
    in the survey process and the difficulties in obtaining accurate
    data.
      "(b) Report. - The Secretary shall submit to the Committees on
    Veterans' Affairs of the Senate and House of Representatives a
    report on the review and assessment conducted under subsection (a).
    To the extent that the review discloses difficulties in obtaining
    accurate data in the survey process with respect to the Chief Nurse
    position at Department facilities, the Secretary shall include in
    the report recommendations for corrective action. The Secretary
    shall also include in the report (1) a listing of the salary
    differential (expressed as a percentage) between the Chief Nurse at
    a facility and the highest paid nurse (excluding certified
    registered nurse anesthetists) serving in a position subordinate to
    the Chief Nurse, and (2) an analysis of such data. The report shall
    be submitted not later than 12 months after the date of the
    enactment of this Act [Nov. 4, 1992]."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    38 USC Sec. 7452                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7452. Nurses and other health-care personnel: administration
      of pay

-STATUTE-
      (a)(1) Regulations prescribed under section 7451(a) of this title
    shall provide that whenever an employee in a covered position is
    given a new duty assignment which is a promotion, the rate of basic
    pay of that employee shall be increased at least one step increment
    in that employee's grade.
      (2) A nurse serving in a head nurse position shall while so
    serving receive basic pay at a rate two step increments above the
    rate that would otherwise be applicable to the nurse. If such a
    nurse is in the highest or next-to-highest step for that nurse's
    grade, the preceding sentence shall be applied by extrapolation to
    create additional steps only for the purposes of this paragraph.
    The limitation in section 7451(c)(1) of this title shall not apply
    with respect to increased basic pay under this paragraph.
      (3) An employee in a covered position who is promoted to the next
    higher grade shall be paid in that grade at a step having a rate of
    basic pay that is greater than the rate of basic pay applicable to
    the employee in a covered position on the day before the effective
    date of the promotion.
      (b)(1) Under regulations which the Secretary prescribes for the
    administration of this section, the director of a Department health-
    care facility (A) shall pay a cash bonus (in an amount to be
    determined by the director not to exceed $2,000) to an employee in
    a covered position at that facility who becomes certified in a
    specialty recognized by the Department, and (B) may provide such a
    bonus to an employee in such a position who has demonstrated both
    exemplary job performance and exemplary job achievement. The
    authority of the Secretary under this subsection is in addition to
    any other authority of the Secretary to provide job performance
    incentives.
      (2) The Secretary shall include in the annual report under
    section 7451(g) (!1) of this title a discussion of the use during
    the period covered by the report of the payment of bonuses under
    this subsection and other job performance incentives available to
    the Secretary.

      (c)(1) The Secretary shall provide (in regulations prescribed for
    the administration of this section) that the director of a
    Department health-care facility, in making a new appointment of a
    person under section 7401(1) of this title as an employee in a
    covered position for employment at that facility, may make that
    appointment at a rate of pay described in paragraph (3) without
    being subject to a requirement for prior approval at any higher
    level of authority within the Department in any case in which the
    director determines that it is necessary to do so in order to
    obtain the services of employees in covered positions in cases in
    which vacancies exist at that health-care facility.
      (2) Such a determination may be made by the director of a health-
    care facility only in order to recruit employees in covered
    positions with specialized skills, especially employees with skills
    which are especially difficult or demanding.
      (3) A rate of pay referred to in paragraph (1) is a rate of basic
    pay in excess of the minimum rate of basic pay applicable to the
    grade in which the appointment is made (but not in excess of the
    maximum rate of basic pay for that grade).
      (4) Whenever the director of a health-care facility makes an
    appointment described in paragraph (1) without prior approval at a
    higher level of authority within the Department, the director shall
    - 
        (A) state in a document the reasons for employing the employee
      in a covered position at a rate of pay in excess of the minimum
      rate of basic pay applicable to the grade in which the employee
      is appointed (and retain that document on file); and
        (B) in the first budget documents submitted to the Secretary by
      the director after the employee is employed, include
      documentation for the need for such increased rates of basic pay
      described in clause (A).

      (5) Whenever the director of a health-care facility makes an
    appointment described in paragraph (1) on the basis of a
    determination described in paragraph (2), the covered employee
    appointed may continue to receive pay at a rate higher than that
    which would otherwise be applicable to that employee only so long
    as the employee continues to serve in a position requiring the
    specialized skills with respect to which the determination was
    made.
      (d) Whenever the director of a health-care facility makes an
    appointment described in subsection (c)(1), the director may
    (without a regard to any requirement for prior approval at any
    higher level of authority within the Department) increase the rate
    of pay of other employees in the same covered position at that
    facility who are in the grade in which the appointment is made and
    are serving in a position requiring the specialized skills with
    respect to which the determination under subsection (c)(2)
    concerning the appointment was made. Any such increase shall
    continue in effect with respect to any employee only so long as the
    employee continues to serve in such a position.
      (e) An employee in a covered position employed under section
    7401(1) of this title who (without a break in employment) transfers
    from one Department health-care facility to another may not be
    reduced in grade or step within grade (except pursuant to a
    disciplinary action otherwise authorized by law) if the duties of
    the position to which the employee transfers are similar to the
    duties of the position from which the employee transferred. The
    rate of basic pay of such employee shall be established at the new
    health-care facility in a manner consistent with the practices at
    that facility for an employee of that grade and step, except that
    in the case of an employee whose transfer (other than pursuant to a
    disciplinary action otherwise authorized by law) to another health-
    care facility is at the request of the Secretary, the Secretary
    may provide that for at least the first year following such
    transfer the employee shall be paid at a rate of basic pay up to
    the rate applicable to such employee before the transfer, if the
    Secretary determines that such rate of pay is necessary to fill the
    position. Whenever the Secretary exercises the authority under the
    preceding sentence relating to the rate of basic pay of a
    transferred employee, the Secretary shall, in the next annual
    report required under section 7451(g) (!1) of this title, provide
    justification for doing so.
      (f) In this section, the term "covered position" has the meaning
    given that term in section 7451 of this title.
      (g)(1) In order to recruit and retain highly qualified Department
    nurse executives, the Secretary may, in accordance with regulations
    prescribed by the Secretary, pay special pay to the nurse executive
    at each location as follows:
        (A) Each Department health care facility.
        (B) The Central Office.

      (2) The amount of special pay paid to a nurse executive under
    paragraph (1) shall be not less than $10,000 or more than $25,000.
      (3) The amount of special pay paid to a nurse executive under
    paragraph (1) shall be based on factors such as the grade of the
    nurse executive position, the scope and complexity of the nurse
    executive position, the personal qualifications of the nurse
    executive, the characteristics of the health care facility
    concerned, the nature and number of specialty care units at the
    health care facility concerned, demonstrated difficulties in
    recruitment and retention of nurse executives at the health care
    facility concerned, and such other factors as the Secretary
    considers appropriate.
      (4) Special pay paid to a nurse executive under paragraph (1)
    shall be in addition to any other pay (including basic pay) and
    allowances to which the nurse executive is entitled, and shall be
    considered pay for all purposes, including retirement benefits
    under chapters 83 and 84 of title 5, and other benefits, but shall
    not be considered basic pay for purposes of adverse actions under
    subchapter V of this chapter.

-SOURCE-
    (Added Pub. L. 101-366, title I, Sec. 102(b), Aug. 15, 1990, 104
    Stat. 435, Sec. 4142; renumbered Sec. 7452 and amended Pub. L. 102-
    40, title III, Sec. 301(d), title IV, Sec. 401(c)(1)(A), (3), May
    7, 1991, 105 Stat. 208, 238; Pub. L. 102-585, title III, Sec.
    304(a), Nov. 4, 1992, 106 Stat. 4952; Pub. L. 108-445, Sec. 5, Dec.
    3, 2004, 118 Stat. 2645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7451(g) of this title, referred to in subsecs. (b)(2) and
    (e), was repealed and subsec. (h) of section 7451 was redesignated
    (g) by Pub. L. 106-419, title II, Sec. 201(a)(4), Nov. 1, 2000, 114
    Stat. 1840.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (g). Pub. L. 108-445 added subsec. (g).
      1992 - Subsec. (e). Pub. L. 102-585 inserted before period at end
    ", except that in the case of an employee whose transfer (other
    than pursuant to a disciplinary action otherwise authorized by law)
    to another health-care facility is at the request of the Secretary,
    the Secretary may provide that for at least the first year
    following such transfer the employee shall be paid at a rate of
    basic pay up to the rate applicable to such employee before the
    transfer, if the Secretary determines that such rate of pay is
    necessary to fill the position. Whenever the Secretary exercises
    the authority under the preceding sentence relating to the rate of
    basic pay of a transferred employee, the Secretary shall, in the
    next annual report required under section 7451(g) of this title,
    provide justification for doing so".
      1991 - Pub. L. 102-40, Sec. 401(c)(1)(A), renumbered section 4142
    of this title as this section.
      Subsec. (a)(1). Pub. L. 102-40, Sec. 401(c)(3)(A)(i), substituted
    "7451(a)" for "4141(a)".
      Subsec. (a)(2). Pub. L. 102-40, Sec. 401(c)(3)(A)(ii),
    substituted "7451(c)(1)" for "4141(c)(1)".
      Subsec. (a)(3). Pub. L. 102-40, Sec. 301(d), substituted "paid"
    for "appointed".
      Subsec. (b)(2). Pub. L. 102-40, Sec. 401(c)(3)(B), substituted
    "7451(g)" for "4141(g)".
      Subsec. (c)(1). Pub. L. 102-40, Sec. 401(c)(3)(C), substituted
    "7401(1)" for "4104(1)".
      Subsec. (e). Pub. L. 102-40, Sec. 401(c)(3)(C), substituted
    "7401(1)" for "4104(1)".
      Subsec. (f). Pub. L. 102-40, Sec. 401(c)(3)(D), substituted
    "7451" for "4141".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-585 effective with respect to first pay
    period beginning on or after end of six-month period beginning on
    Nov. 4, 1992, see section 308 of Pub. L. 102-585, set out as a note
    under section 7404 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    38 USC Sec. 7453                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7453. Nurses: additional pay

-STATUTE-
      (a) In addition to the rate of basic pay provided for nurses, a
    nurse shall receive additional pay as provided by this section.
      (b) A nurse performing service on a tour of duty, any part of
    which is within the period commencing at 6 postmeridian and ending
    at 6 antemeridian, shall receive additional pay for each hour of
    service on such tour at a rate equal to 10 percent of the nurse's
    hourly rate of basic pay if at least four hours of such tour fall
    between 6 postmeridian and 6 antemeridian. When less than four
    hours of such tour fall between 6 postmeridian and 6 antemeridian,
    the nurse shall be paid the differential for each hour of service
    performed between those hours.
      (c) A nurse performing service on a tour of duty, any part of
    which is within the period commencing at midnight Friday and ending
    at midnight Sunday, shall receive additional pay for each hour of
    service on such tour at a rate equal to 25 percent of such nurse's
    hourly rate of basic pay.
      (d) A nurse performing service on a holiday designated by Federal
    statute or Executive order shall receive for each hour of such
    service the nurse's hourly rate of basic pay, plus additional pay
    at a rate equal to such hourly rate of basic pay, for that holiday
    service, including overtime service. Any service required to be
    performed by a nurse on such a designated holiday shall be deemed
    to be a minimum of two hours in duration.
      (e)(1) A nurse performing officially ordered or approved hours of
    service in excess of 40 hours in an administrative workweek, or in
    excess of eight hours in a day, shall receive overtime pay for each
    hour of such additional service. The overtime rates shall be one
    and one-half times such nurse's hourly rate of basic pay.
      (2) For the purposes of this subsection, overtime must be of at
    least 15 minutes duration in a day to be creditable for overtime
    pay.
      (3) Compensatory time off in lieu of pay for service performed
    under the provisions of this subsection shall not be permitted,
    except as voluntarily requested in writing by the nurse in
    question.
      (4) Any excess service performed under this subsection on a day
    when service was not scheduled for such nurse, or for which such
    nurse is required to return to the nurse's place of employment,
    shall be deemed to be a minimum of two hours in duration.
      (5) For the purposes of this subsection, the period of a nurse's
    officially ordered or approved travel away from such nurse's duty
    station may not be considered to be hours of service unless - 
        (A) such travel occurs during such nurse's tour of duty; or
        (B) such travel - 
          (i) involves the performance of services while traveling,
          (ii) is incident to travel that involves the performance of
        services while traveling,
          (iii) is carried out under arduous conditions as determined
        by the Secretary, or
          (iv) results from an event which could not be scheduled or
        controlled administratively.

      (f) For the purpose of computing the additional pay provided by
    subsection (b), (c), (d), or (e), a nurse's hourly rate of basic
    pay shall be derived by dividing such nurse's annual rate of basic
    pay by 2,080.
      (g) When a nurse is entitled to two or more forms of additional
    pay under subsection (b), (c), (d), or (e) for the same period of
    service, the amounts of such additional pay shall be computed
    separately on the basis of such nurse's hourly rate of basic pay,
    except that no overtime pay as provided in subsection (e) shall be
    payable for overtime service performed on a holiday designated by
    Federal statute or Executive order in addition to pay received
    under subsection (d) for such service.
      (h) A nurse who is officially scheduled to be on call outside
    such nurse's regular hours or on a holiday designated by Federal
    statute or Executive order shall be paid for each hour of such on-
    call duty, except for such time as such nurse may be called back
    to work, at a rate equal to 10 percent of the hourly rate for
    excess service as provided in subsection (e).
      (i) Any additional pay paid pursuant to this section shall not be
    considered as basic pay for the purposes of the following
    provisions of title 5 (and any other provision of law relating to
    benefits based on basic pay):
        (1) Subchapter VI of chapter 55.
        (2) Section 5595.
        (3) Chapters 81, 83, 84, and 87.

      (j)(1) Notwithstanding any other provision of law and subject to
    paragraph (2), the Secretary may increase the rates of additional
    pay authorized under subsections (b) through (h) if the Secretary
    determines that it is necessary to do so in order to obtain or
    retain the services of nurses.
      (2) An increase under paragraph (1) in rates of additional pay - 
        (A) may be made at any specific Department health-care facility
      in order to provide nurses, or any category of nurses, at such
      facility additional pay in an amount competitive with, but not
      exceeding, the amount of the same type of pay that is paid to the
      same category of nurses at non-Federal health-care facilities in
      the same geographic area as such Department health-care facility
      (based upon a reasonably representative sampling of such non-
      Federal facilities); and
        (B) may be made on a nationwide, local, or other geographic
      basis if the Secretary finds that such an increase is justified
      on the basis of a review of the need for such increase (based
      upon a reasonably representative sampling of non-Federal health-
      care facilities in the geographic area involved).

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105
    Stat. 232; amended Pub. L. 103-446, title XII, Sec. 1201(e)(24),
    (g)(6), Nov. 2, 1994, 108 Stat. 4686, 4687.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4107(e) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

                                AMENDMENTS                            
      1994 - Subsecs. (f), (g). Pub. L. 103-446, Sec. 1201(e)(24),
    substituted "subsection (b), (c), (d), or (e)" for "subsections
    (b), (c), (d), or (e)".
      Subsec. (i)(3). Pub. L. 103-446, Sec. 1201(g)(6), struck out "of
    title 5" before period at end.

-End-



-CITE-
    38 USC Sec. 7454                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7454. Physician assistants and other health care
      professionals: additional pay

-STATUTE-
      (a) Physician assistants and expanded-function dental auxiliaries
    shall be entitled to additional pay on the same basis as provided
    for nurses in section 7453 of this title.
      (b)(1) When the Secretary determines it to be necessary in order
    to obtain or retain the services of individuals in positions listed
    in section 7401(3) of this title, the Secretary may, on a
    nationwide, local, or other geographic basis, pay persons employed
    in such positions additional pay on the same basis as provided for
    nurses in section 7453 of this title.
      (2) Health care professionals employed in positions referred to
    in paragraph (1) shall be entitled to additional pay on the same
    basis as provided for nurses in section 7453(c) of this title.
      (3) Employees appointed under section 7408 of this title shall be
    entitled to additional pay on the same basis as provided for nurses
    in section 7453(c) of this title.
      (c) The Secretary shall prescribe by regulation standards for
    compensation and payment under this section.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105
    Stat. 234; amended Pub. L. 107-135, title I, Sec. 121(a), Jan. 23,
    2002, 115 Stat. 2450; Pub. L. 108-170, title III, Secs. 301(d),
    303(a), Dec. 6, 2003, 117 Stat. 2057, 2058.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4107(f) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

                                AMENDMENTS                            
      2003 - Subsec. (b)(1). Pub. L. 108-170, Sec. 301(d), substituted
    "individuals in positions listed in section 7401(3) of this title,"
    for "certified or registered respiratory therapists, licensed
    physical therapists, licensed practical or vocational nurses,
    pharmacists, or occupational therapists,".
      Subsec. (b)(3). Pub. L. 108-170, Sec. 303(a), added par. (3).
      2002 - Subsec. (b). Pub. L. 107-135 designated existing
    provisions as par. (1) and added par. (2).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-170, title III, Sec. 303(b), Dec. 6, 2003, 117 Stat.
    2058, provided that: "The amendment made by subsection (a)
    [amending this section] shall take effect with respect to the first
    pay period beginning on or after January 1, 2004."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-135, title I, Sec. 121(b), Jan. 23, 2002, 115 Stat.
    2450, provided that: "The amendments made by subsection (a)
    [amending this section] shall apply with respect to pay periods
    beginning on or after the date of the enactment of this Act [Jan.
    23, 2002]."

-End-



-CITE-
    38 USC Sec. 7455                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7455. Increases in rates of basic pay

-STATUTE-
      (a)(1) Subject to subsections (b), (c), and (d), when the
    Secretary determines it to be necessary in order to obtain or
    retain the services of persons described in paragraph (2), the
    Secretary may increase the minimum, intermediate, or maximum rates
    of basic pay authorized under applicable statutes and regulations.
    Any increase in such rates of basic pay - 
        (A) may be made on a nationwide basis, local basis, or other
      geographic basis; and
        (B) may be made - 
          (i) for one or more of the grades listed in the schedules in
        subsection (b)(1) of section 7404 of this title;
          (ii) for one or more of the health personnel fields within
        such grades; or
          (iii) for one or more of the grades of the General Schedule
        under section 5332 of title 5.

      (2) Paragraph (1) applies to the following:
        (A) Individuals employed in positions listed in paragraphs (1)
      and (3) of section 7401 of this title.
        (B) Health-care personnel who - 
          (i) are employed in the Administration (other than
        administrative, clerical, and physical plant maintenance and
        protective services employees);
          (ii) are paid under the General Schedule pursuant to section
        5332 of title 5;
          (iii) are determined by the Secretary to be providing either
        direct patient-care services or services incident to direct
        patient-care services; and
          (iv) would not otherwise be available to provide medical care
        and treatment for veterans.

        (C) Employees who are Department police officers providing
      services under section 902 of this title.

      (b) Increases in rates of basic pay may be made under subsection
    (a) only in order - 
        (1) to provide pay in an amount competitive with, but not
      exceeding, the amount of the same type of pay paid to the same
      category of personnel at non-Federal facilities in the same labor
      market;
        (2) to achieve adequate staffing at particular facilities; or
        (3) to recruit personnel with specialized skills, especially
      those with skills which are especially difficult or demanding.

      (c)(1) The amount of any increase under subsection (a) in the
    maximum rate for any grade may not (except in the case of nurse
    anesthetists, pharmacists, and licensed physical therapists) exceed
    by two times the amount by which the maximum for such grade (under
    applicable provisions of law other than this subsection) exceeds
    the minimum for such grade (under applicable provisions of law
    other than this subsection), and the maximum rate as so increased
    may not exceed the rate paid for individuals serving as Assistant
    Under Secretary for Health.
      (2) Whenever the amount of an increase under subsection (a)
    results in a rate of basic pay for a position being equal to or
    greater than the amount that is 94 percent of the maximum amount
    permitted under paragraph (1), the Secretary shall promptly notify
    the Committees on Veterans' Affairs of the Senate and House of
    Representatives of the increase and the amount thereof.
      (d)(1) In the exercise of the authority provided in subsection
    (a) with respect to personnel described in subparagraph (B) or (C)
    of paragraph (2) of that subsection to increase the rates of basic
    pay for any category of personnel not appointed under subchapter I,
    the Secretary shall, not less than 45 days before the effective
    date of a proposed increase, notify the President of the
    Secretary's intention to provide such an increase.
      (2) Such a proposed increase shall not take effect if, before the
    effective date of the proposed increase, the President disapproves
    such increase and provides the appropriate committees of the
    Congress with a written statement of the President's reasons for
    such disapproval.
      (3) If, before that effective date, the President approves such
    increase, the Secretary may advance the effective date to any date
    not earlier than the date of the President's approval.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105
    Stat. 234; amended Pub. L. 102-83, Sec. 2(c)(7), Aug. 6, 1991, 105
    Stat. 402; Pub. L. 102-405, title II, Sec. 201, title III, Sec.
    302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984; Pub. L. 106-419,
    title II, Sec. 203, Nov. 1, 2000, 114 Stat. 1841.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4107(g) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

                                AMENDMENTS                            
      2000 - Subsec. (c)(1). Pub. L. 106-419 inserted ", pharmacists,"
    after "anesthetists".
      1992 - Subsec. (c). Pub. L. 102-405, Sec. 302(c)(1), substituted
    "Under Secretary for Health" for "Chief Medical Director" in par.
    (1).
      Pub. L. 102-405, Sec. 201, designated existing provisions as par.
    (1), inserted "by two times" after first reference to "exceed", and
    added par. (2).
      1991 - Subsec. (a)(2)(C). Pub. L. 102-83 substituted "902" for
    "218".


-EXEC-
     EX. ORD. NO. 12797. REVIEW OF INCREASES IN RATES OF BASIC PAY FOR
       CERTAIN EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS AND OTHER
                                 AGENCIES
      Ex. Ord. No. 12797, Apr. 3, 1992, 57 F.R. 11671, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    7455(d)(2)-(3) of title 38, United States Code, in order to
    establish procedures for review of proposed increases in the rates
    of basic pay of certain employees of the Department of Veterans
    Affairs and of other agencies, it is hereby ordered as follows:
      Section 1. The Director of the Office of Personnel Management is
    designated to exercise the authority vested in the President by
    section 7455(d)(2)-(3) of title 38, United States Code, to review
    and approve or disapprove the increases in rates of basic pay
    proposed by the Secretary of Veterans Affairs and to provide the
    appropriate committees of the Congress with a written statement of
    the reasons for any such disapproval.
      Sec. 2. In exercising this authority, the Director of the Office
    of Personnel Management shall assure that any increases in basic
    pay proposed by the Secretary of Veterans Affairs are in the best
    interest of the Federal Government, do not exceed the amounts
    authorized by section 7455, and are made only to:
      (1) Provide pay in an amount competitive with, but not exceeding,
    the amount of the same type of pay paid to the same category of
    health-care personnel at non-Federal health-care facilities in the
    same labor market;
      (2) Achieve adequate staffing at particular facilities; or
      (3) Recruit personnel with specialized skills, especially those
    with skills which are especially difficult or demanding.
      Sec. 3. The Secretary of Veterans Affairs shall provide to the
    Director of the Office of Personnel Management such information as
    the Director may request in order to carry out the responsibilities
    delegated by this order.
      Sec. 4. The Director of the Office of Personnel Management shall
    provide the Secretary of Veterans Affairs with a copy of any
    written statement provided to the appropriate committees of the
    Congress that sets forth the reasons for disapproval of any
    proposed increase in rates of basic pay under this order.
      Sec. 5. In the case of any other law authorizing another agency
    to use the authority provided by section 7455 of title 38, United
    States Code, the Director of the Office of Personnel Management
    shall exercise the same authority in the same manner as provided
    for with respect to section 7455 under sections 1 through 4 of this
    order, and the head of such other agency shall provide information
    requested by the Director as provided for in section 3 of this
    order.
      Sec. 6. Executive Order No. 12438 of August 23, 1983, is revoked.
      Sec. 7. This order shall be effective upon publication in the
    Federal Register.
                                                            George Bush.

-End-



-CITE-
    38 USC Sec. 7456                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7456. Nurses: special rules for weekend duty

-STATUTE-
      (a) Subject to subsection (b), if the Secretary determines it to
    be necessary in order to obtain or retain the services of nurses at
    any Department health-care facility, the Secretary may provide, in
    the case of nurses appointed under this chapter and employed at
    such facility, that such nurses who work two regularly scheduled 12-
    hour tours of duty within the period commencing at midnight Friday
    and ending at midnight the following Sunday shall be considered for
    all purposes (except computation of full-time equivalent employees
    for the purposes of determining compliance with personnel ceilings)
    to have worked a full 40-hour basic workweek.
      (b)(1) Basic and additional pay for a nurse who is considered
    under subsection (a) to have worked a full 40-hour basic workweek
    shall be subject to paragraphs (2) and (3).
      (2) The hourly rate of basic pay for such a nurse for service
    performed as part of a regularly scheduled 12-hour tour of duty
    within the period commencing at midnight Friday and ending at
    midnight the following Sunday shall be derived by dividing the
    nurse's annual rate of basic pay by 1,248.
      (3)(A) Such a nurse who performs a period of service in excess of
    such nurse's regularly scheduled two 12-hour tours of duty is
    entitled to overtime pay under section 7453(e) of this title, or
    other applicable law, for officially ordered or approved service
    performed in excess of eight hours on a day other than a Saturday
    or Sunday or in excess of 24 hours within the period commencing at
    midnight Friday and ending at midnight the following Sunday.
      (B) Except as provided in subparagraph (C), a nurse to whom this
    subsection is applicable is not entitled to additional pay under
    section 7453 of this title, or other applicable law, for any period
    included in a regularly scheduled 12-hour tour of duty.
      (C) If the Secretary determines it to be further necessary in
    order to obtain or retain the services of nurses at a particular
    facility, a nurse to whom this paragraph is applicable who performs
    service in excess of such nurse's regularly scheduled two 12-hour
    tours of duty may be paid overtime pay under section 7453(e) of
    this title, or other applicable law, for all or part of the hours
    of officially ordered or approved service performed by such nurse
    in excess of 40 hours during an administrative workweek.
      (c) A nurse described in subsection (b)(1) who is absent on
    approved sick leave or annual leave during a regularly scheduled 12-
    hour tour of duty shall be charged for such leave at a rate of
    five hours of leave for three hours of absence.
      (d) The Secretary shall prescribe regulations for the
    implementation of this section.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105
    Stat. 235.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4107(h) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

-End-



-CITE-
    38 USC Sec. 7456A                                           01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7456A. Nurses: alternate work schedules

-STATUTE-
      (a) Applicability. - This section applies to registered nurses
    appointed under this chapter.
      (b) 36/40 Work Schedule. - (1)(A) Subject to paragraph (2), if
    the Secretary determines it to be necessary in order to obtain or
    retain the services of registered nurses at any Department health-
    care facility, the Secretary may provide, in the case of nurses
    employed at such facility, that such nurses who work three
    regularly scheduled 12-hour tours of duty within a work week shall
    be considered for all purposes to have worked a full 40-hour basic
    work week.
      (B) A nurse who works under the authority in subparagraph (A)
    shall be considered a 0.90 full-time equivalent employee in
    computing full-time equivalent employees for the purposes of
    determining compliance with personnel ceilings.
      (2)(A) Basic and additional pay for a nurse who is considered
    under paragraph (1) to have worked a full 40-hour basic work week
    shall be subject to subparagraphs (B) and (C).
      (B) The hourly rate of basic pay for a nurse covered by this
    paragraph for service performed as part of a regularly scheduled 36-
    hour tour of duty within the work week shall be derived by
    dividing the nurse's annual rate of basic pay by 1,872.
      (C) The Secretary shall pay overtime pay to a nurse covered by
    this paragraph who - 
        (i) performs a period of service in excess of such nurse's
      regularly scheduled 36-hour tour of duty within an administrative
      work week;
        (ii) for officially ordered or approved service, performs a
      period of service in excess of 8 hours on a day other than a day
      on which such nurse's regularly scheduled 12-hour tour of duty
      falls;
        (iii) performs a period of service in excess of 12 hours for
      any day included in the regularly scheduled 36-hour tour of duty
      work week; or
        (iv) performs a period of service in excess of 40 hours during
      an administrative work week.

      (D) The Secretary may provide a nurse to whom this subsection
    applies with additional pay under section 7453 of this title for
    any period included in a regularly scheduled 12-hour tour of duty.
      (3) A nurse who works a work schedule described in this
    subsection who is absent on approved sick leave or annual leave
    during a regularly scheduled 12-hour tour of duty shall be charged
    for such leave at a rate of ten hours of leave for every nine hours
    of absence.
      (c) Holiday Pay. - A nurse working a work schedule under
    subsection (b) that includes a holiday designated by law or
    Executive order shall be eligible for holiday pay under section
    7453(d) of this title for any service performed by the nurse on
    such holiday under such section.
      (d) 9-Month Work Schedule for Certain Nurses. - (1) The Secretary
    may authorize a registered nurse appointed under section 7405 of
    this title, with the nurse's written consent, to work full time for
    nine months with 3 months off duty, within a fiscal year, and be
    paid at 75 percent of the full-time rate for such nurse's grade for
    each pay period of such fiscal year.
      (2) A nurse who works under the authority in paragraph (1) shall
    be considered a 0.75 full-time equivalent employee in computing
    full-time equivalent employees for the purposes of determining
    compliance with personnel ceilings.
      (3) Work under this subsection shall be considered part-time
    service for purposes of computing benefits under chapters 83 and 84
    of title 5.
      (4) A nurse who works under the authority in paragraph (1) shall
    be considered a full-time employee for purposes of chapter 89 of
    title 5.
      (e) Notification of Modification of Benefits. - The Secretary
    shall provide each employee with respect to whom an alternate work
    schedule under this section may apply written notice of the effect,
    if any, that the alternate work schedule will have on the
    employee's health care premium, retirement, life insurance premium,
    probationary status, or other benefit or condition of employment.
    The notice shall be provided not later than 14 days before the
    employee consents to the alternate work schedule.
      (f) Regulations. - The Secretary shall prescribe regulations to
    carry out this section.

-SOURCE-
    (Added Pub. L. 108-445, Sec. 4(a)(1), Dec. 3, 2004, 118 Stat.
    2643.)

-End-



-CITE-
    38 USC Sec. 7457                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7457. On-call pay

-STATUTE-
      (a) The Secretary may pay an employee to whom this section
    applies pay at the rate provided in section 7453(h) of this title
    except for such time as the employee may be called back to work.
      (b) This section applies to an employee who meets each of the
    following criteria:
        (1) The employee is employed in a position listed in paragraph
      (3) of section 7401 of this title or meets the criteria specified
      in clauses (i), (ii), and (iii) of section 7455(a)(2)(B) of this
      title.
        (2) The employee is employed in a work unit for which on-call
      premium pay is authorized.
        (3) The employee is officially scheduled to be on call outside
      such employee's regular hours or on a holiday designated by
      Federal statute or Executive order.

      (c) An employee who is eligible for on-call pay under subsection
    (a) and who was receiving standby premium pay pursuant to section
    5545 of title 5 on May 20, 1988, shall, as long as such employee is
    employed in the same position and work unit and remains eligible
    for such standby pay, receive pay for any period of on-call duty at
    the rate equal to the greater of - 
        (1) the rate of pay which such employee would receive if being
      paid the rate of standby pay pursuant to such section that such
      individual would be entitled to receive if such individual were
      not scheduled to be on call instead, or
        (2) the rate of pay which such employee is entitled to receive
      including on-call premium pay described in subsection (a).

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105
    Stat. 236.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4107(j) of this title prior to the repeal of that section
    as part of the complete revision of chapter 73 of this title by
    Pub. L. 102-40.

-End-



-CITE-
    38 USC Sec. 7458                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

-HEAD-
    Sec. 7458. Recruitment and retention bonus pay

-STATUTE-
      (a)(1) In order to recruit and retain registered nurses, the
    Secretary may enter into agreements under this section. Such an
    agreement may be entered into with any registered nurse who is
    employed at, or who agrees to accept employment with the Department
    at, a Department health-care facility that is designated by the
    Secretary as a health-care facility with a significant shortage in
    registered nurses in any clinical service.
      (2) A registered nurse entering into an agreement under this
    section shall agree to remain employed by the Department as a
    registered nurse for a period of time to be specified in the
    agreement and to serve during that period in a specific health-care
    facility that is designated by the Secretary as a health-care
    facility with a significant shortage of registered nurses in that
    nurse's clinical service. Such period may not be less than two
    years or more than four years. Such employment during such period
    may be on a full-time basis or a part-time basis, as specified in
    the agreement. Part-time employment as specified in such an
    agreement may not be less than half-time.
      (b)(1) The Secretary shall pay to any nurse entering into an
    agreement under this section bonus pay in an amount specified in
    the agreement. The amount of such bonus pay may not exceed - 
        (A) $2,000 per year, in the case of an agreement for two years,
        (B) $3,000 per year, in the case of an agreement for three
      years, and
        (C) $4,000 per year, in the case of an agreement for four
      years.

      (2) In the case of an agreement for employment on less than a
    full-time basis, the amount of bonus pay shall be pro rated (!1)
    accordingly.

      (c)(1) Except as provided in paragraph (2) of this subsection, a
    bonus under this section shall be paid in equal installments after
    each year of service is completed throughout the period of
    obligated service specified in the agreement.
      (2)(A) The Secretary may make a payment in an amount not in
    excess of 25 percent of the total bonus in a lump sum at the time
    that the period of obligated service commences under the agreement.
      (B) If the Secretary makes a lump-sum payment under subparagraph
    (A) of this paragraph, the remaining balance of the bonus shall be
    paid in equal installments after each year of service is completed
    throughout the period of obligated service specified in the
    agreement.
      (d)(1) A bonus paid to any individual under this section shall be
    in addition to any pay or allowance to which the individual is
    entitled.
      (2) The amount of a bonus paid under this section shall not be
    considered to be basic pay for the purposes of sections 5551, 5552,
    and 5595 of title 5, chapters 81, 83, 84, and 87 of such title, or
    any other provision of law creating an entitlement to benefits
    based on basic pay.
      (e) At least once each year the Secretary, upon the
    recommendation of the Under Secretary for Health, shall determine
    the specific health-care facilities and clinical services, if any,
    as to which there are significant problems with respect to the
    recruitment and retention of registered nurses. Upon making any
    such determination, the Secretary shall promptly notify the
    Committees on Veterans' Affairs of the Senate and the House of
    Representatives of the determination and the basis for the
    determination.
      (f) The Secretary may enter into agreements under this section
    with individuals in a health profession other than nursing (and
    other than a health profession for which special pay may be
    provided under subchapter III) if the Secretary determines that
    there are significant problems with respect to recruitment and
    retention of employees in that health profession. The Secretary's
    authority to enter into any such agreement under this section, and
    such agreement, shall be subject to the provisions of this section
    in the same manner as are the authority to enter into an agreement
    under this section with a registered nurse and such an agreement.
      (g)(1) Except as provided in paragraph (2) of this subsection, an
    individual who voluntarily, or because of misconduct, fails to
    perform services as assigned by the Secretary for the period of
    obligated service provided in an agreement under this section shall
    refund to the United States the amount by which the total amount of
    bonus payments received by that individual under this section
    exceeds the amount that such individual would have received under
    an agreement under this section to serve for the period of
    obligated service actually served (as determined at the time the
    agreement is entered into). If the period actually served is less
    than two years, the amount to be refunded is the entire amount paid
    to the individual.
      (2) An individual shall not be required to make a refund under
    paragraph (1) of this subsection if the Secretary determines, in
    accordance with regulations prescribed under subsection (h) of this
    section, that the individual's failure to perform services for the
    period of obligated service is due to circumstances (not including
    separation for cause) beyond the control of the individual.
      (3) An obligation to refund any portion of a bonus payment under
    this subsection is, for all purposes, a debt owed to the United
    States.
      (4) The provisions of this subsection and the specific amounts
    that the individual could be required to refund shall be disclosed
    to the individual at the time the agreement is entered into and
    shall be clearly set forth in the contract.
      (h) The Secretary shall prescribe regulations to carry out this
    section.

-SOURCE-
    (Added Pub. L. 100-322, title II, Sec. 212(a)[(1)], May 20, 1988,
    102 Stat. 514, Sec. 4120; renumbered Sec. 7458 and amended Pub. L.
    102-40, title IV, Sec. 401(c)(4), May 7, 1991, 105 Stat. 238; Pub.
    L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105
    Stat. 404, 405; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,
    1992, 106 Stat. 1984; Pub. L. 103-446, title XII, Sec. 1201(h)(4),
    Nov. 2, 1994, 108 Stat. 4688.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-446 substituted "Recruitment and retention
    bonus pay" for "Recruitment and retention bonus pay for nurses and
    certain other health-care personnel" as section catchline.
      1992 - Subsec. (e). Pub. L. 102-405 substituted "Under Secretary
    for Health" for "Chief Medical Director".
      1991 - Pub. L. 102-40 renumbered section 4120 of this title as
    this section.
      Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator" wherever appearing.
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration" wherever appearing.
      Subsecs. (b)(1), (c)(2), (e). Pub. L. 102-83, Sec. 4(b)(1),
    (2)(E), substituted "Secretary" for "Administrator" wherever
    appearing.
      Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator" in two places and "Secretary's" for
    "Administrator's".
      Pub. L. 102-40 substituted "subchapter III" for "section 4118 of
    this title".
      Subsecs. (g)(1), (2), (h). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator".

-FOOTNOTE-
    (!1) So in original.


-End-


-CITE-
    38 USC SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE
           PROCEDURES                                      01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES

-HEAD-
           SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES       

-End-



-CITE-
    38 USC Sec. 7461                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES

-HEAD-
    Sec. 7461. Adverse actions: section 7401(1) employees

-STATUTE-
      (a) Whenever the Under Secretary for Health (or an official
    designated by the Under Secretary for Health) brings charges based
    on conduct or performance against a section 7401(1) employee and as
    a result of those charges an adverse personnel action is taken
    against the employee, the employee shall have the right to appeal
    the action.
      (b)(1) If the case involves or includes a question of
    professional conduct or competence in which a major adverse action
    was taken, such an appeal shall be made to a Disciplinary Appeals
    Board under section 7462 of this title.
      (2) In any other case, such an appeal shall be made - 
        (A) through Department grievance procedures under section 7463
      of this title, in any case that involves or includes a question
      of professional conduct or competence in which a major adverse
      action was not taken or in any case of an employee who is not
      covered by a collective bargaining agreement under chapter 71 of
      title 5; or
        (B) through grievance procedures provided through collective
      bargaining under chapter 71 of title 5 or through Department
      grievance procedures under section 7463 of this title, as the
      employee elects, in the case of an employee covered by a
      collective bargaining agreement under chapter 71 of title 5 that
      does not involve or include a question of professional conduct or
      competence.

      (c) For purposes of this subchapter - 
        (1) Section 7401(1) employees are employees of the Department
      employed on a full-time basis under a permanent appointment in a
      position listed in section 7401(1) of this title (other than
      interns and residents appointed pursuant to section 7406 of this
      title).
        (2) A major adverse action is an adverse action which includes
      any of the following:
          (A) Suspension.
          (B) Transfer.
          (C) Reduction in grade.
          (D) Reduction in basic pay.
          (E) Discharge.

        (3) A question of professional conduct or competence is a
      question involving any of the following:
          (A) Direct patient care.
          (B) Clinical competence.

      (d) An issue of whether a matter or question concerns, or arises
    out of, professional conduct or competence is not itself subject to
    any grievance procedure provided by law, regulation, or collective
    bargaining and may not be reviewed by any other agency.
      (e) Whenever the Secretary proposes to prescribe regulations
    under this subchapter, the Secretary shall publish the proposed
    regulations in the Federal Register for notice-and-comment not less
    than 30 days before the day on which they take effect.

-SOURCE-
    (Added Pub. L. 102-40, title II, Sec. 203(a), May 7, 1991, 105
    Stat. 202; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this subchapter were contained in
    section 4110 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-405 substituted "Under Secretary
    for Health" for "Chief Medical Director" in two places.

                                REGULATIONS                            
      Section 204 of Pub. L. 102-40 provided that: "The Secretary of
    Veterans Affairs shall prescribe regulations under subchapter V of
    chapter 74 of title 38, United States Code (as added by section
    203), not later than 180 days after the date of the enactment of
    this Act [May 7, 1991]. Such regulations shall be published in the
    Federal Register for notice-and-comment not less than 30 days
    before the day on which they take effect."

-End-



-CITE-
    38 USC Sec. 7462                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES

-HEAD-
    Sec. 7462. Major adverse actions involving professional conduct or
      competence

-STATUTE-
      (a)(1) Disciplinary Appeals Boards appointed under section 7464
    of this title shall have exclusive jurisdiction to review any case -
     
        (A) which arises out of (or which includes) a question of
      professional conduct or competence of a section 7401(1) employee;
      and
        (B) in which a major adverse action was taken.

      (2) The board shall include in its record of decision in any
    mixed case a statement of the board's exclusive jurisdiction under
    this subsection and the basis for such exclusive jurisdiction.
      (3) For purposes of paragraph (2), a mixed case is a case that
    includes both a major adverse action arising out of a question of
    professional conduct or competence and an adverse action which is
    not a major adverse action or which does not arise out of a
    question of professional conduct or competence.
      (b)(1) In any case in which charges are brought against a section
    7401(1) employee which arises out of, or includes, a question of
    professional conduct or competence which could result in a major
    adverse action, the employee is entitled to the following:
        (A) At least 30 days advance written notice from the Under
      Secretary for Health or other charging official specifically
      stating the basis for each charge, the adverse actions that could
      be taken if the charges are sustained, and a statement of any
      specific law, regulation, policy, procedure, practice, or other
      specific instruction that has been violated with respect to each
      charge, except that the requirement for notification in advance
      may be waived if there is reasonable cause to believe that the
      employee has committed a crime for which the employee may be
      imprisoned.
        (B) A reasonable time, but not less than seven days, to present
      an answer orally and in writing to the Under Secretary for Health
      or other deciding official, who shall be an official higher in
      rank than the charging official, and to submit affidavits and
      other documentary evidence in support of the answer.

      (2) In any case described in paragraph (1), the employee is
    entitled to be represented by an attorney or other representative
    of the employee's choice at all stages of the case.
      (3)(A) If a proposed adverse action covered by this section is
    not withdrawn, the deciding official shall render a decision in
    writing within 21 days of receipt by the deciding official of the
    employee's answer. The decision shall include a statement of the
    specific reasons for the decision with respect to each charge. If a
    major adverse action is imposed, the decision shall state whether
    any of the charges sustained arose out of a question of
    professional conduct or competence. If any of the charges are
    sustained, the notice of the decision to the employee shall include
    notice of the employee's rights of appeal.
      (B) Notwithstanding the 21-day period specified in subparagraph
    (A), a proposed adverse action may be held in abeyance if the
    employee requests, and the deciding official agrees, that the
    employee shall seek counseling or treatment for a condition covered
    under the Rehabilitation Act of 1973. Any such abeyance of a
    proposed action may not extend for more than one year.
      (4)(A) The Secretary may require that any answer and submission
    under paragraph (1)(B) be submitted so as to be received within 30
    days of the date of the written notice of the charges, except that
    the Secretary shall allow the granting of extensions for good cause
    shown.
      (B) The Secretary shall require that any appeal to a Disciplinary
    Appeals Board from a decision to impose a major adverse action
    shall be received within 30 days after the date of service of the
    written decision on the employee.
      (c)(1) When a Disciplinary Appeals Board convenes to consider an
    appeal in a case under this section, the board, before proceeding
    to consider the merits of the appeal, shall determine whether the
    case is properly before it.
      (2) Upon hearing such an appeal, the board shall, with respect to
    each charge appealed to the board, sustain the charge, dismiss the
    charge, or sustain the charge in part and dismiss the charge in
    part. If the deciding official is sustained (in whole or in part)
    with respect to any such charge, the board shall - 
        (A) approve the action as imposed;
        (B) approve the action with modification, reduction, or
      exception; or
        (C) reverse the action.

      (3) A board shall afford an employee appealing an adverse action
    under this section an opportunity for an oral hearing. If such a
    hearing is held, the board shall provide the employee with a
    transcript of the hearing.
      (4) The board shall render a decision in any case within 45 days
    of completion of the hearing, if there is a hearing, and in any
    event no later than 120 days after the appeal commenced.
      (d)(1) After resolving any question as to whether a matter
    involves professional conduct or competence, the Secretary shall
    cause to be executed the decision of the Disciplinary Appeals Board
    in a timely manner and in any event in not more than 90 days after
    the decision of the Board is received by the Secretary. Pursuant to
    the board's decision, the Secretary may order reinstatement, award
    back pay, and provide such other remedies as the board found
    appropriate relating directly to the proposed action, including
    expungement of records relating to the action.
      (2) If the Secretary finds a decision of the board to be clearly
    contrary to the evidence or unlawful, the Secretary may - 
        (A) reverse the decision of the board, or
        (B) vacate the decision of the board and remand the matter to
      the Board for further consideration.

      (3) If the Secretary finds the decision of the board (while not
    clearly contrary to the evidence or unlawful) to be not justified
    by the nature of the charges, the Secretary may mitigate the
    adverse action imposed.
      (4) The Secretary's execution of a board's decision shall be the
    final administrative action in the case.
      (e) The Secretary may designate an employee of the Department to
    represent management in any case before a Disciplinary Appeals
    Board.
      (f)(1) A section 7401(1) employee adversely affected by a final
    order or decision of a Disciplinary Appeals Board (as reviewed by
    the Secretary) may obtain judicial review of the order or decision.
      (2) In any case in which judicial review is sought under this
    subsection, the court shall review the record and hold unlawful and
    set aside any agency action, finding, or conclusion found to be - 
        (A) arbitrary, capricious, an abuse of discretion, or otherwise
      not in accordance with law;
        (B) obtained without procedures required by law, rule, or
      regulation having been followed; or
        (C) unsupported by substantial evidence.

-SOURCE-
    (Added Pub. L. 102-40, title II, Sec. 203(a), May 7, 1991, 105
    Stat. 203; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Rehabilitation Act of 1973, referred to in subsec. (b)(3)(B),
    is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which
    is classified generally to chapter 16 (Sec. 701 et seq.) of Title
    29, Labor. For complete classification of this Act to the Code, see
    Short Title note set out under section 701 of Title 29 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this subchapter were contained in
    section 4110 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      1992 - Subsec. (b)(1). Pub. L. 102-405 substituted "Under
    Secretary for Health" for "Chief Medical Director" in subpars. (A)
    and (B).

-End-



-CITE-
    38 USC Sec. 7463                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES

-HEAD-
    Sec. 7463. Other adverse actions

-STATUTE-
      (a) The Secretary shall prescribe by regulation procedures for
    the consideration of grievances of section 7401(1) employees
    arising from adverse personnel actions in which each action taken
    either - 
        (1) is not a major adverse action; or
        (2) does not arise out of a question of professional conduct or
      competence.

    Disciplinary Appeals Boards shall not have jurisdiction to review
    such matters, other than as part of a mixed case (as defined in
    section 7462(a)(3) of this title).
      (b) In the case of an employee who is a member of a collective
    bargaining unit under chapter 71 of title 5, the employee may seek
    review of an adverse action described in subsection (a) either
    under the grievance procedures provided through regulations
    prescribed under subsection (a) or through grievance procedures
    determined through collective bargaining, but not under both. The
    employee shall elect which grievance procedure to follow. Any such
    election may not be revoked.
      (c)(1) In any case in which charges are brought against a section
    7401(1) employee which could result in a major adverse action and
    which do not involve professional conduct or competence, the
    employee is entitled to the same notice and opportunity to answer
    with respect to those charges as provided in subparagraphs (A) and
    (B) of section 7462(b)(1) of this title.
      (2) In any other case in which charges are brought against a
    section 7401(1) employee, the employee is entitled to - 
        (A) an advance written notice stating the specific reason for
      the proposed action, and
        (B) a reasonable time to answer orally and in writing and to
      furnish affidavits and other documentary evidence in support of
      the answer.

      (d) Grievance procedures prescribed under subsection (a) shall
    include the following:
        (1) A right to formal review by an impartial examiner within
      the Department of Veterans Affairs, who, in the case of an
      adverse action arising from a question of professional conduct or
      competence, shall be selected from the panel designated under
      section 7464 of this title.
        (2) A right to a prompt report of the findings and
      recommendations by the impartial examiner.
        (3) A right to a prompt review of the examiner's findings and
      recommendations by an official of a higher level than the
      official who decided upon the action. That official may accept,
      modify, or reject the examiner's recommendations.

      (e) In any review of an adverse action under the grievance
    procedures prescribed under subsection (a), the employee is
    entitled to be represented by an attorney or other representative
    of the employee's choice at all stages of the case.

-SOURCE-
    (Added Pub. L. 102-40, title II, Sec. 203(a), May 7, 1991, 105
    Stat. 205.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this subchapter were contained in
    section 4110 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

-End-



-CITE-
    38 USC Sec. 7464                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES

-HEAD-
    Sec. 7464. Disciplinary Appeals Boards

-STATUTE-
      (a) The Secretary shall from time to time appoint boards to hear
    appeals of major adverse actions described in section 7462 of this
    title. Such boards shall be known as Disciplinary Appeals Boards.
    Each board shall consist of three employees of the Department, each
    of whom shall be of the same grade as, or be senior in grade to,
    the employee who is appealing an adverse action. At least two of
    the members of each board shall be employed in the same category of
    position as the employee who is appealing the adverse action.
    Members of a board shall be appointed from individuals on the panel
    established under subsection (d).
      (b)(1) In appointing a board for any case, the Secretary shall
    designate one of the members to be chairman and one of the members
    to be secretary of the board, each of whom shall have authority to
    administer oaths.
      (2) Appointment of boards, and the proceedings of such boards,
    shall be carried out under regulations prescribed by the Secretary.
    A verbatim record shall be maintained of board hearings.
      (c)(1) Notwithstanding sections 5701 and 7332 of this title, the
    chairman of a board, upon request of an employee whose case is
    under consideration by the board (or a representative of that
    employee) may, in connection with the considerations of the board,
    review records or information covered by those sections and may
    authorize the disclosure of such records or information to that
    employee (or representative) to the extent the board considers
    appropriate for purposes of the proceedings of the board in that
    case.
      (2) In any such case the board chairman may direct that measures
    be taken to protect the personal privacy of individuals whose
    records are involved. Any person who uses or discloses a record or
    information covered by this subsection for any purpose other than
    in connection with the proceedings of the board shall be fined not
    more than $5,000 in the case of a first offense and not more than
    $20,000 in the case of a subsequent offense.
      (d)(1) The Secretary shall provide for the periodic designation
    of employees of the Department who are qualified to serve on
    Disciplinary Appeals Boards. Those employees shall constitute the
    panel from which board members in a case are appointed. The
    Secretary shall provide (without charge) a list of the names of
    employees on the panel to any person requesting such list.
      (2) The Secretary shall announce periodically, and not less often
    than annually, that the roster of employees on the panel is
    available as described in paragraph (1). Such announcement shall be
    made at Department medical facilities and through publication in
    the Federal Register. Notice of a name being on the list must be
    provided at least 30 days before the individual selected may serve
    on a Board or as a grievance examiner. Employees, employee
    organizations, and other interested parties may submit comments to
    the Secretary concerning the suitability for service on the panel
    of any employee whose name is on the list.
      (3) The Secretary shall provide training in the functions and
    duties of Disciplinary Appeals Boards and grievance procedures
    under section 7463 of this title for employees selected to be on
    the panel.

-SOURCE-
    (Added Pub. L. 102-40, title II, Sec. 203(a), May 7, 1991, 105
    Stat. 206.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this subchapter were contained in
    section 4110 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

-End-


-CITE-
    38 USC SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS    01/03/2007 

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS

-HEAD-
            SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS        

-End-



-CITE-
    38 USC Sec. 7471                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS

-HEAD-
    Sec. 7471. Designation of Regional Medical Education Centers

-STATUTE-
      (a) In carrying out the Secretary's functions under section 7302
    of this title with regard to the training of health personnel, the
    Secretary shall implement a program under which the Secretary shall
    designate as Regional Medical Education Centers such Department
    hospitals as the Secretary determines appropriate to carry out the
    provisions of this subchapter.
      (b) Each Regional Medical Education Center (hereinafter in this
    subchapter referred to as "Center") designated under subsection (a)
    shall provide continuing medical and related education programs for
    personnel eligible for training under this subchapter. Such
    programs shall include the following:
        (1) The teaching of newly developed medical skills and the use
      of newly developed medical technologies and equipment.
        (2) Advanced clinical instruction.
        (3) The opportunity for conducting clinical investigations.
        (4) Clinical demonstrations in the use of new types of health
      personnel and in the better use of the skills of existing health
      personnel.
        (5) Routine verification of basic medical skills and, where
      determined necessary, remediation of any deficiency in such
      skills.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(5), May 7, 1991, 105
    Stat. 237.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4121 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

-End-



-CITE-
    38 USC Sec. 7472                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS

-HEAD-
    Sec. 7472. Supervision and staffing of Centers

-STATUTE-
      (a) Centers shall be operated under the supervision of the Under
    Secretary for Health and shall be staffed with personnel qualified
    to provide the highest quality instruction and training in various
    medical and health care disciplines.
      (b) As a means of providing appropriate recognition to persons in
    the career service of the Administration who possess outstanding
    qualifications in a particular medical or health care discipline,
    the Under Secretary for Health shall from time to time and for such
    period as the Under Secretary for Health considers appropriate
    assign such persons to serve as visiting instructors at Centers.
      (c) Whenever the Under Secretary for Health considers it
    necessary for the effective conduct of the program provided for
    under this subchapter, the Under Secretary for Health may contract
    for the services of highly qualified medical and health personnel
    from outside the Department to serve as instructors at such
    Centers.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(5), May 7, 1991, 105
    Stat. 237; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4122 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      1992 - Pub. L. 102-405 substituted "Under Secretary for Health"
    for "Chief Medical Director" wherever appearing.

-End-



-CITE-
    38 USC Sec. 7473                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS

-HEAD-
    Sec. 7473. Personnel eligible for training

-STATUTE-
      (a) The Under Secretary for Health shall determine the manner in
    which personnel are to be selected for training in the Centers.
    Preference shall be given to career personnel of the
    Administration.
      (b) To the extent that facilities are available medical and
    health personnel from outside the Administration may, on a
    reimbursable basis, be provided training in the Centers. Such
    reimbursement may include reciprocal training of personnel of the
    Administration provided under sharing arrangements entered into by
    the Under Secretary for Health and the heads of the entities
    providing such reciprocal training. Any amounts received by the
    United States as reimbursement under this subsection shall be
    credited to the applicable Department medical appropriation
    account.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(5), May 7, 1991, 105
    Stat. 237; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4123 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      1992 - Pub. L. 102-405 substituted "Under Secretary for Health"
    for "Chief Medical Director" in subsecs. (a) and (b).

-End-



-CITE-
    38 USC Sec. 7474                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL
    SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS

-HEAD-
    Sec. 7474. Consultation

-STATUTE-
      The Under Secretary for Health shall carry out this subchapter
    after consultation with the special medical advisory group
    established pursuant to section 7312(a) of this title.

-SOURCE-
    (Added Pub. L. 102-40, title IV, Sec. 401(b)(5), May 7, 1991, 105
    Stat. 238; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.
    9, 1992, 106 Stat. 1984.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 4124 of this title prior to the repeal of that section as
    part of the complete revision of chapter 73 of this title by Pub.
    L. 102-40.

                                AMENDMENTS                            
      1992 - Pub. L. 102-405 substituted "Under Secretary for Health"
    for "Chief Medical Director".

-End-


-CITE-
    38 USC [CHAPTER 75 - RENUMBERED]                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
    [CHAPTER 75 - RENUMBERED]

-HEAD-
                         [CHAPTER 75 - RENUMBERED]                     

-COD-
                               CODIFICATION                           
      Former chapter 75 which consisted of sections 4201 to 4210 was
    renumbered chapter 78 of this title and transferred to follow
    chapter 76 of this title, and sections 4201 to 4210 were renumbered
    sections 7801 to 7810 of this title, respectively.

-End-