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38 U.S.C. § 7412 (VETERANS’ BENEFITS)
§ 7412. Annual determination of staffing shortages; recruitment and appointment for needed occupations
(a) In General.—
Not later than September 30 of each year, the Inspector General of the Department shall determine, and the Secretary shall publish in the Federal Register, at a minimum, the five clinical occupations and the five nonclinical occupations of personnel of this title of the Department covered under section 7401 of this title for which there are the largest staffing shortages with respect to each medical center of the Department, as calculated over the five-year period preceding the determination.
(b) Recruitment and Appointment.—
Notwithstanding sections 3304 and 3309 through 3318 of title 5, the Secretary may, upon a determination by the Inspector General under subsection (a) that there is a staffing shortage throughout the Department with respect to a particular occupation, recruit and directly appoint, during the fiscal year after the fiscal year during which such determination is made, qualified personnel to serve in that particular occupation for the Department.
(Added Pub. L. 113–146, title III, § 301(a)(1), Aug. 7, 2014, 128 Stat. 1784; amended Pub. L. 114–315, title VIII, § 802(4), Dec. 16, 2016, 130 Stat. 1592; Pub. L. 115–46, title II, § 201, Aug. 12, 2017, 131 Stat. 959.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–46 substituted “at a minimum, the five clinical occupations and the five nonclinical occupations” for “the five occupations” and “with respect to each medical center of the Department,” for “throughout the Department”.
2016—Subsec. (b). Pub. L. 114–315 substituted “under subsection (a)” for “under paragraph (1)”.
heading: Statutory Notes and Related Subsidiaries
heading: Deadline for First Determination
text: Pub. L. 113–146, title III, § 301(a)(3), Aug. 7, 2014, 128 Stat. 1784, provided that: “Notwithstanding the deadline under section 7412 of title 38, United States Code, as added by paragraph (1), for the annual determination of staffing shortages in the Veterans Health Administration, the Inspector General of the Department of Veterans Affairs shall make the first determination required under such section, and the Secretary of Veterans Affairs shall publish in the Federal Register such determination, by not later than the date that is 180 days after the date of the enactment of this Act [Aug. 7, 2014].”
38 U.S.C. § 7413 (VETERANS’ BENEFITS)
§ 7413. Treatment of podiatrists; clinical oversight standards
(a) Podiatrists.—
Except as provided by subsection (b), a doctor of podiatric medicine who is appointed as a podiatrist under section 7401(1) of this title is eligible for any supervisory position in the Veterans Health Administration to the same degree that a physician appointed under such section is eligible for the position.
(b) Establishment of Clinical Oversight Standards.—
The Secretary, in consultation with appropriate stakeholders, shall establish standards to ensure that specialists appointed in the Veterans Health Administration to supervisory positions do not provide direct clinical oversight for purposes of peer review or practice evaluation for providers of other clinical specialties.
(Added Pub. L. 115–182, title V, § 502(a)(1), June 6, 2018, 132 Stat. 1475.)
heading: Editorial Notes
heading: Codification
text: Section 502(a)(1) of Pub. L. 115–182, which directed that this section be added at the end of subchapter I of chapter 74, without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress.
38 U.S.C. § 7421 (VETERANS’ BENEFITS)
§ 7421. Personnel administration: in general
(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.
(Added Pub. L. 102–40, title II, § 202, May 7, 1991, 105 Stat. 200; amended Pub. L. 108–170, title III, § 302(g), Dec. 6, 2003, 117 Stat. 2058.)
heading: Editorial Notes
heading: Prior Provisions
text: 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.
heading: Amendments
text: 2003—Subsec. (b)(8). Pub. L. 108–170 added par. (8).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2003 Amendment
text: 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.
heading: Preservation of Existing Collective-Bargaining Arrangements and Pending Actions
text: Pub. L. 102–40, title II, § 205, May 7, 1991, 105 Stat. 207, 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.”
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 7602 (VETERANS’ BENEFITS)
§ 7602. Eligibility
(a)
(1) To be eligible to participate in the Educational Assistance Program under subchapter II, III, VI, or IX of this chapter, an individual must be accepted for enrollment or be currently enrolled as a student at a qualifying educational institution in a course of education or training that is approved by the Secretary and that leads toward completion of a degree in a field of education or training for which a scholarship may be awarded under subchapter II of this chapter, for which tuition reimbursement may be provided under subchapter III of this chapter, or for which a scholarship may be awarded under subchapter VI or IX of this chapter, as the case may be.
(2) A qualifying educational institution for purposes of this section is an educational institution that is in a State and that (as determined by the Secretary) is an accredited institution.
(b) An individual is not eligible to apply to participate in the Educational Assistance Program under subchapter II, III, VI, or IX of this chapter if the individual is obligated under any other Federal program to perform service after completion of the course of education or training of such individual referred to in subsection (a) of this section.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 518, § 4302; amended Pub. L. 101–366, title II, § 205(c)(2), Aug. 15, 1990, 104 Stat. 441; renumbered § 7602, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105–368, title VIII, § 805(2), Nov. 11, 1998, 112 Stat. 3358; Pub. L. 116–171, title V, § 502(b)(1)(B), Oct. 17, 2020, 134 Stat. 818.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (a)(1). Pub. L. 116–171, § 502(b)(1)(B)(i), substituted “VI, or IX” for “or VI” and “subchapter VI or IX” for “subchapter VI”.
Subsec. (b). Pub. L. 116–171, § 502(b)(1)(B)(ii), substituted “VI, or IX” for “or VI”.
1998—Subsec. (a)(1). Pub. L. 105–368, § 805(2)(A), substituted “subchapter II, III, or VI” for “subchapter I or II”, substituted “, for which” for “or for which”, and inserted before period at end “, or for which a scholarship may be awarded under subchapter VI of this chapter, as the case may be”.
Subsec. (b). Pub. L. 105–368, § 805(2)(B), substituted “subchapter II, III, or VI” for “subchapter I or II”.
1991—Pub. L. 102–40 renumbered section 4302 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator” in pars. (1) and (2).
1990—Subsecs. (a)(1), (b). Pub. L. 101–366 inserted “under subchapter I or II of this chapter” after “Educational Assistance Program”.