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38 U.S.C. § 7423 — Personnel administration: full-time employees
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) (other than an intern or resident appointed pursuant to [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7406&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504&num=0&edition=prelim)).
(2)
(A) Upon the advance written request of a covered physician, the Secretary may modify the hours of employment for a physician appointed in the Administration under any provision of this chapter on a full-time basis to be more or less than 80 hours in a biweekly pay period, subject to the requirements in subparagraph (B). For the purpose of determining pay, such a physician shall be deemed to have a biweekly schedule of 80 hours of employment.
(B) A physician with an irregular work schedule established under subparagraph (A) shall be obligated to account for at least 2,080 hours of employment (through performance of work or use of leave or paid time off) in a calendar year.
(C) The Secretary may prescribe regulations to implement this paragraph, including regulations making adjustments to address the annual hours requirement for physicia
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Source file: Laws/federal/codes/united-states-code/title-38/section-7423-personnel-administration-full-time-employees--a6f0440f86.md
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Source location: Title 38, Chapter 74, § 7423; chapter-074-veterans-health-administration-personnel.md
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**(a)**
(1) Except as provided in paragraph (2), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) (other than an intern or resident appointed pursuant to [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7406&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504&num=0&edition=prelim)).
(2)
(A) Upon the advance written request of a covered physician, the Secretary may modify the hours of employment for a physician appointed in the Administration under any provision of this chapter on a full-time basis to be more or less than 80 hours in a biweekly pay period, subject to the requirements in subparagraph (B). For the purpose of determining pay, such a physician shall be deemed to have a biweekly schedule of 80 hours of employment.
(B) A physician with an irregular work schedule established under subparagraph (A) shall be obligated to account for at least 2,080 hours of employment (through performance of work or use of leave or paid time off) in a calendar year.
(C) The Secretary may prescribe regulations to implement this paragraph, including regulations making adjustments to address the annual hours requirement for physicians who are covered by this paragraph for only a portion of a calendar year.
(D) The Secretary may exclude from the requirements of paragraph (1) employees hired under section 7306 or 7401(4) of this title or for a position described in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) 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)).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4111&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7313&num=0&edition=prelim) 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 7421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In each case where the Secretary has a contract or agreement with any school, institution of higher learning, medical center, hospital, or other public or nonprofit agency, institution, or organization for the training or education of health personnel, the Secretary shall establish an advisory committee to advise the Secretary and the Under Secretary for Health with respect to policy matters arising in connection with, and the operation of, the program with respect to which it was appointed. Such a committee may be a dean’s committee, a medical advisory committee, or the like.
**(b)** Any such advisory committee may be established on an institution-wide, multi-disciplinary basis or on a regional basis whenever establishment on such a basis is found to be feasible.
**(c)** Members of each such advisory committee shall be appointed by the Secretary and shall include personnel of the Department (including appropriate representation from the full-time staff) and of the entity with which the Secretary has entered into the contract or agreement. The number of members, and terms of members, of each advisory committee shall be prescribed by the Secretary.
**(d)** The Secretary shall require that the Chief of the Nursing Service (or the designee of the Chief) at each Department health-care facility be included in the membership of each policymaking committee at that facility. Such committees include: (1) committees relating to matters such as budget, education, position management, clinical executive issues, planning, and resource allocation, and (2) the dean’s committee or other advisory committee established under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7313
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In carrying out the Secretary’s responsibilities under this chapter, the Secretary shall from time to time consult with the Secretary of Veterans Affairs and keep the Secretary of Veterans Affairs fully advised of activities carried out and all data gathered pursuant to this chapter to insure maximum cooperation and coordination between the Department of Labor and the Department of Veterans Affairs.
**(b)** The Secretary of Veterans Affairs shall provide to appropriate employment service offices and Department of Labor offices, as designated by the Secretary, on a monthly or more frequent basis, the name and address of each employer located in the areas served by such offices that offer a program of job training which has been approved by the Secretary of Veterans Affairs under section 7 of the Veterans’ Job Training Act ([29 U.S.C. 1721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1721&num=0&edition=prelim) note).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4108
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The pay period for an employee covers two administrative workweeks.
**(b)** When, in the case of an employee, it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern:
(1) To derive an hourly rate, divide the annual rate by 2,087.
(2) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required.
(3) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be.
Rates are computed to the nearest cent, counting one-half and over as a whole cent.
**(c)** For the purposes of this section:
(1) The term “employee” means—
(A) an employee in or under an Executive agency;
(B) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under [section 6101(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6101/a/5&num=0&edition=prelim); and
(C) an individual employed by the government of the District of Columbia.
(2) The term “employee” does not include—
(A) an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
(B) an employee or individual excluded from the definition of employee in [section 5541(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5541/2&num=0&edition=prelim) other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section.
(3) Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5504
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter the term—
(1) “employee” means an employee as defined by section 6301(2), but shall exclude any individual employed by the government of the District of Columbia;
(2) “executive agency” means any executive agency or any administrative unit thereof;
(3) “leave bank” means a leave bank established under section 6363;
(4) “leave contributor” means an employee who contributes leave to an agency leave bank under section 6365;
(5) “leave recipient” means an employee whose application under section 6367 to receive contributions of leave from a leave bank is approved; and
(6) “medical emergency” means a medical condition of an employee or a family member of such employee that is likely to require the prolonged absence of such employee from duty and to result in a substantial loss of income to such employee because of the unavailability of paid leave (disregarding any advanced leave).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6361
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Federal law — U.S. Code and appendices · legal_authorities
**(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) hospitaliz
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7406
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To the extent authorized by regulation of the President, contributions and awards incident to training in non-Government facilities, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an employee, without regard to [section 209 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section209&num=0&edition=prelim), if the contributions, awards, and payments are made by an organization determined by the Secretary of the Treasury to be an organization described by [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) which is exempt from taxation under [section 501(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/a&num=0&edition=prelim).
**(b)** When a contribution, award, or payment, in cash or in kind, is made to an employee for travel, subsistence, or other expenses under subsection (a) of this section, an appropriate reduction, under regulations of the President, shall be made from payment by the Government to the employee for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4111
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Federal law — U.S. Code and appendices · legal_authorities
Page 1232
TITLE 38—VETERANS’ BENEFITS
§ 7423
(b) Such collective bargaining (and any griev-
ance procedures provided under a collective bar-
gaining agreement) in the case of employees de-
scribed 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) pro-
fessional conduct or competence, (2) peer review,
or (3) the establishment, determination, or ad-
justment of employee compensation under this
title.
(c) For purposes of this section, the term ‘‘pro-
fessional 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 estab-
lishment, determination, or adjustment of em-
ployee compensation under this title shall be de-
cided by the Secretary and is not itself subject
to collective bargaining and may not be re-
viewed 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 sec-
tion 7421(b) of this title or arising out of the ap-
plicability 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.)
§ 7423. Personnel administration: full-time em-
ployees
(a)(1) Except as provided in paragraph (2), the
hours of employment in carrying out respon-
sibilities under this title of any employee who is
appointed in the Administration under any pro-
vision of this chapter on a full-time basis in a
position listed in section 7421(b) of t
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7423
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.