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38 U.S.C. § 7425 — Employees: laws not applicable
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim).
(7) Subchapter VIII of chapter 53 of title 5.
(8) Subchapter V of chapter 75 of title 5.
**(b)** Except as provided in subsection (c), and 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim) 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of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified.
**(c)** Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapt
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Stable record: federal_law:legal_authorities:record_usc_2276e5f54895189e97d2b57b
Source file: Laws/federal/codes/united-states-code/title-38/section-7425-employees-laws-not-applicable--e407e50788.md
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Source location: Title 38, Chapter 74, § 7425; chapter-074-veterans-health-administration-personnel.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim).
(7) Subchapter VIII of chapter 53 of title 5.
(8) Subchapter V of chapter 75 of title 5.
**(b)** Except as provided in subsection (c), and 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim) 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.
**(c)** Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** During each even-numbered calendar year, each agency shall—
(1) examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and
(2) submit to the Office of Personnel Management a written request for a specific number of Senior Executive Service positions for each of such fiscal years.
**(b)** Each agency request submitted under subsection (a) of this section shall—
(1) be based on the anticipated type and extent of program activities and budget requests of the agency for each of the 2 fiscal years involved, and such other factors as may be prescribed from time to time by the Office; and
(2) identify, by position title, positions which are proposed to be designated as or removed from designation as career reserved positions, and set forth justifications for such proposed actions.
**(c)** The Office of Personnel Management, in consultation with the Office of Management and Budget, shall review the request of each agency and shall authorize, for each of the 2 fiscal years covered by requests required under subsection (a) of this section, a specific number of Senior Executive Service positions for each agency. Beginning in 2023, the number of such positions authorized under the preceding sentence for the Department of Defense may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017.
**(d)**
(1) The Office of Personnel Management may, on a written request of an agency or on its own initiative, make an adjustment in the number of positions authorized for any agency. Each agency request under this paragraph shall be submitted in such form, and shall be based on such factors, as the Office shall prescribe.
(2) The total number of position
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3133
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section, “agency”, “senior executive”, and “career appointee” have the meanings set forth in [section 3132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim).
**(b)** Each agency shall submit annually to the Office recommendations of career appointees in the agency to be awarded the rank of Meritorious Executive or Distinguished Executive. The recommendations may take into account the individual’s performance over a period of years. The Office shall review such recommendations and provide to the President recommendations as to which of the agency recommended appointees should receive such rank.
**(c)** During any fiscal year, the President may, subject to subsection (d) of this section, award to any career appointee recommended by the Office the rank of—
(1) Meritorious Executive, for sustained accomplishment, or
(2) Distinguished Executive, for sustained extraordinary accomplishment.
A career appointee awarded a rank under paragraph (1) or (2) of this subsection shall not be entitled to be awarded that rank during the following 4 fiscal years.
**(d)** During any fiscal year—
(1) the number of career appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the Senior Executive Service; and
(2) the number of career appointees awarded the rank of Distinguished Executive may not exceed 1 percent of the Senior Executive Service.
**(e)**
(1) Receipt by a career appointee of the rank of Meritorious Executive entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under [section 5382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4507
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of the Under Secretary for Health shall consist of the following:
(1) The Deputy Under Secretary for Health, who shall be the principal assistant of the Under Secretary for Health and who shall be a qualified doctor of medicine.
(2) The Associate Deputy Under Secretary for Health, who shall be an assistant to the Under Secretary for Health and the Deputy Under Secretary for Health and who shall be a qualified doctor of medicine.
(3) Not to exceed eight Assistant Under Secretaries for Health.
(4) Such Medical Directors as may be appointed to suit the needs of the Department, who shall be either a qualified doctor of medicine or a qualified doctor of dental surgery or dental medicine.
(5) A Director of Nursing Service, who shall be a qualified registered nurse and who shall be responsible to, and report directly to, the Under Secretary for Health for the operation of the Nursing Service.
(6) A Director of Pharmacy Service, a Director of Dietetic Service, and a Director of Optometric Service, who shall be responsible to the Under Secretary for Health for the operation of their respective Services.
(7) Such directors of such other professional or auxiliary services as may be appointed to suit the needs of the Department, who shall be responsible to the Under Secretary for Health for the operation of their respective services.
(8) The Director of the National Center for Preventive Health, who shall be responsible to the Under Secretary for Health for the operation of the Center.
(9) The Director of Physician Assistant Services, who shall—
(A) serve in a full-time capacity at the Central Office of the Department;
(B) be a qualified physician assistant; and
(C) be responsible and report directly to the Chief Patient Care Services Officer of
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7306
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) the term “employee” means any individual who—
(A) is an “employee”, as defined by section 6301(2), including any individual employed in a position referred to in clause (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia 11 So in original. Probably should be followed by a comma. any individual employed on a temporary or intermittent basis, and any employee of the Government Accountability Office or the Library of Congress; and
(B) has completed at least 12 months of service—
(i) as an employee (as that term is defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or
(ii) which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States;
(2) the term “health care provider” means—
(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; and
(B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services;
(3) the term “parent” means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter;
(4) the term “reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee;
(5) the term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves—
(A) inpatient care
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6381
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
(2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) **Covered employee** — The term “covered employee” means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or
(K) the John C. Stennis Center for Public Service Training and Development.
(4) **Employee** — The term “employee” includes an applicant for employment and a former employee.
(5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
(6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police.
(7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Demonstration Project Authorized.—** The Assistant Secretary for Veterans’ Employment and Training shall carry out a demonstration project on credentialing in accordance with this section for the purpose of facilitating the seamless transition of members of the Armed Forces from service on active duty to civilian employment.
**(b) Identification of Military Occupational Specialties and Associated Credentials and Licenses.—**
(1) The Assistant Secretary for Veterans’ Employment and Training shall, in consultation with the Assistant Secretary for Employment and Training, select not more than five military occupational specialties for purposes of the demonstration project. Each specialty so selected by the Assistant Secretary for Veterans’ Employment and Training shall require a skill or set of skills that is required for civilian employment in an industry with high growth or high worker demand.
(2) The Assistant Secretary shall enter into a contract with an appropriate entity representing a coalition of State governors to consult with appropriate Federal, State, and industry officials and identify requirements for credentials, certifications, and licenses that require a skill or set of skills required by a military occupational specialty selected under paragraph (1).
(3) The Assistant Secretary shall analyze the requirements identified under paragraph (2) to determine which requirements may be satisfied by the skills, training, or experience acquired by members of the Armed Forces with the military occupational specialties selected under paragraph (1).
**(c) Elimination of Barriers to Credentialing and Licensure.—** The Assistant Secretary shall cooperate with appropriate Federal, State, and industry officials to reduce or eliminate any barriers to providing a
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Superior Accomplishments and Performance Awards Program.—** The Secretary may establish an awards program for personnel listed in [section 7421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) consistent with chapter 45 of title 5, to the extent practicable.
**(b) Executive Performance Awards Program.—** Notwithstanding [section 7425 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7425&num=0&edition=prelim) or any other provision of law, the Secretary may establish a performance awards program consistent with [section 5384 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim) for—
(1) personnel appointed under [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) for a position that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in [section 3132(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)) and is subject to an agency performance management system; and
(2) personnel appointed under section 7306 or 7401(4) of this title.
**(c) Payment of Awards.—** Awards under this section may be paid based on criteria established by the Secretary and shall not be considered in calculating the limitation under [section 7431(e)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7431/e/4&num=0&edition=prelim).
**(d) Not Considered Basic Pay.—** Awards under this section shall not be considered basic pay for any purpose.
**(e) Regulations.—*
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7404A
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Federal law — U.S. Code and appendices · legal_authorities
Page 1234
TITLE 38—VETERANS’ BENEFITS
§ 7425
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 signifi-
cant 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 reg-
ulations.
(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.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 4108(d) and 4113 of this title prior to
the repeal of those sections as part of the complete re-
vision 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’’.
§ 7425. Employees: laws not applicable
(a) Physicians, dentists, nurses, and other
health-care professionals employed by the Ad-
ministration and appointed under section 7306,
7401(1), 7405, or 7406 of this chapter are not sub-
ject 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 chap
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7425
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.