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38 U.S.C. § 7422 (VETERANS’ BENEFITS)
§ 7422. Collective bargaining
(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.
(Added Pub. L. 102–40, title II, § 202, May 7, 1991, 105 Stat. 200.)
38 U.S.C. § 7424 (VETERANS’ BENEFITS)
§ 7424. Travel expenses of certain employees
(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.
(Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 230; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.
38 U.S.C. § 7425 (VETERANS’ BENEFITS)
§ 7425. Employees: laws not applicable
(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.
(Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231.)
heading: References in Text
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.
heading: Prior Provisions
text: 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.
38 U.S.C. § 7432 (VETERANS’ BENEFITS)
§ 7432. Pay of Under Secretary for Health
(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.
(Added Pub. L. 108–445, § 3(b), Dec. 3, 2004, 118 Stat. 2640.)
heading: Prior Provisions
text: A prior section 7432, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 189; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–262, title III, § 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.
38 U.S.C. § 7457 (VETERANS’ BENEFITS)
§ 7457. On-call pay
(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).
(Added Pub. L. 102–40, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 236.)
heading: Prior Provisions
text: 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.
38 U.S.C. § 7459 (VETERANS’ BENEFITS)
§ 7459. Nursing staff: special rules for overtime duty
(a) Limitation.—
Except as provided in subsection (c), the Secretary may not require nursing staff to work more than 40 hours (or 24 hours if such staff is covered under section 7456 of this title) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title).
(b) Voluntary Overtime.—
(1) Nursing staff may on a voluntary basis elect to work hours otherwise prohibited by subsection (a).
(2) The refusal of nursing staff to work hours prohibited by subsection (a) shall not be grounds—
(A) to discriminate (within the meaning of section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(a))) against the staff;
(B) to dismiss or discharge the staff; or
(C) for any other adverse personnel action against the staff.
(c) Overtime Under Emergency Circumstances.—
(1) Subject to paragraph (2), the Secretary may require nursing staff to work hours otherwise prohibited by subsection (a) if—
(A) the work is a consequence of an emergency that could not have been reasonably anticipated;
(B) the emergency is non-recurring and is not caused by or aggravated by the inattention of the Secretary or lack of reasonable contingency planning by the Secretary;
(C) the Secretary has exhausted all good faith, reasonable attempts to obtain voluntary workers;
(D) the nurse staff have critical skills and expertise that are required for the work; and
(E) the work involves work for which the standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure.
(2) Nursing staff may not be required to work hours under this subsection after the requirement for a direct role by the staff in responding to medical needs resulting from the emergency ends.
(d) Nursing Staff Defined.—
In this section, the term “nursing staff” includes the following:
(1) A registered nurse.
(2) A licensed practical or vocational nurse.
(3) A nurse assistant appointed under this chapter or title 5.
(4) Any other nurse position designated by the Secretary for purposes of this section.
(Added Pub. L. 111–163, title VI, § 602(a)(1), May 5, 2010, 124 Stat. 1172.)
38 U.S.C. § 7463 (VETERANS’ BENEFITS)
§ 7463. Other adverse actions
(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.
(Added Pub. L. 102–40, title II, § 203(a), May 7, 1991, 105 Stat. 205.)
heading: Prior Provisions
text: 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.
38 U.S.C. § 7471 (VETERANS’ BENEFITS)
§ 7471. Designation of Regional Medical Education Centers
(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.
(Added Pub. L. 102–40, title IV, § 401(b)(5), May 7, 1991, 105 Stat. 237.)
heading: Prior Provisions
text: 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.
38 U.S.C. § 7472 (VETERANS’ BENEFITS)
§ 7472. Supervision and staffing of Centers
(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.
(Added Pub. L. 102–40, title IV, § 401(b)(5), May 7, 1991, 105 Stat. 237; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing.
38 U.S.C. § 7473 (VETERANS’ BENEFITS)
§ 7473. Personnel eligible for training
(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.
(Added Pub. L. 102–40, title IV, § 401(b)(5), May 7, 1991, 105 Stat. 237; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in subsecs. (a) and (b).
38 U.S.C. § 7474 (VETERANS’ BENEFITS)
§ 7474. Consultation
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.
(Added Pub. L. 102–40, title IV, § 401(b)(5), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.
38 U.S.C. § 7501 (VETERANS’ BENEFITS)
§ 7501. Establishment of scholarship program; purpose
(a) Establishment.—
Subject to the availability of appropriations, the Secretary shall establish and carry out a scholarship program to provide financial assistance in accordance with this chapter to individuals who—
(1) are accepted for enrollment or currently enrolled in a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or a dual degree or certification in both such areas, at an accredited (as determined by the Secretary) educational institution that is in a State; and
(2) enter into an agreement with the Secretary as described in section 7504 of this title.
(b) Purpose.—
The purpose of the scholarship program is to increase the supply of qualified blind rehabilitation specialists for the Department and the Nation.
(c) Outreach.—
The Secretary shall publicize the scholarship program to educational institutions throughout the United States, with an emphasis on disseminating information to such institutions with high numbers of Hispanic students and to Historically Black Colleges and Universities.
(Added Pub. L. 111–163, title III, § 302(a), May 5, 2010, 124 Stat. 1146.)
heading: Implementation
text: Pub. L. 111–163, title III, § 302(c), May 5, 2010, 124 Stat. 1149, provided that: “The Secretary of Veterans Affairs shall implement chapter 75 of title 38, United States Code, as added by subsection (a), not later than 6 months after the date of the enactment of this Act [May 5, 2010].”
38 U.S.C. § 7502 (VETERANS’ BENEFITS)
§ 7502. Application and acceptance
(a) Application.—
(1) To apply and participate in the scholarship program under this chapter, an individual shall submit to the Secretary an application for such participation together with an agreement described in section 7504 of this title under which the participant agrees to serve a period of obligated service in the Department as provided in the agreement in return for payment of educational assistance as provided in the agreement.
(2) In distributing application forms and agreement forms to individuals desiring to participate in the scholarship program, the Secretary shall include with such forms the following:
(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Secretary.
(B) A full description of the terms and conditions that apply to participation in the scholarship program and service in the Department.
(b) Approval.—
(1) Upon the Secretary’s approval of an individual’s participation in the scholarship program, the Secretary shall, in writing, promptly notify the individual of that acceptance.
(2) An individual becomes a participant in the scholarship program upon such approval by the Secretary.
(Added Pub. L. 111–163, title III, § 302(a), May 5, 2010, 124 Stat. 1147.)
38 U.S.C. § 7503 (VETERANS’ BENEFITS)
§ 7503. Amount of assistance; duration
(a) Amount of Assistance.—
The amount of the financial assistance provided an individual under the scholarship program under this chapter shall be the amount determined by the Secretary as being necessary to pay the tuition and fees of the individual. In the case of an individual enrolled in a program of study leading to a dual degree or certification in both the areas of study described in section 7501(a)(1) of this title, the tuition and fees shall not exceed the amounts necessary for the minimum number of credit hours to achieve such dual degree or certification.
(b) Relationship to Other Assistance.—
Financial assistance may be provided to an individual under the scholarship program to supplement other educational assistance to the extent that the total amount of educational assistance received by the individual during an academic year does not exceed the total tuition and fees for such academic year.
(c) Maximum Amount of Assistance.—
(1) The total amount of assistance provided under the scholarship program for an academic year to an individual who is a full-time student may not exceed $15,000.
(2) In the case of an individual who is a part-time student, the total amount of assistance provided under the scholarship program shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the program of study being pursued by the individual as the coursework carried by the individual to full-time coursework in that program of study.
(3) The total amount of assistance provided to an individual under the scholarship program may not exceed $45,000.
(d) Maximum Duration of Assistance.—
Financial assistance may not be provided to an individual under the scholarship program for more than six academic years.
(Added Pub. L. 111–163, title III, § 302(a), May 5, 2010, 124 Stat. 1147.)