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38 U.S.C. § 7461 — Adverse actions: section 7401(1) employees

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7461 — Adverse actions: section 7401(1) employees

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Source file: Laws/federal/codes/united-states-code/title-38/section-7461-adverse-actions-section-7401-1-employees--e9648ccda5.md
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Source location: Title 38, Chapter 74, § 7461; chapter-074-veterans-health-administration-personnel.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462&num=0&edition=prelim). (2) In any case other than a case described in paragraph (1) that involves or includes a question of professional conduct or competence in which a major adverse action was not taken, such an appeal shall be made through Department grievance procedures under [section 7463 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7463&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) (other than employees in senior executive positions (as defined in [section 713(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section713/d&num=0&edition=prelim)) and interns and residents appointed pursuant to [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7406&num=0&edition=prelim)). (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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7462 — Major adverse actions involving professional conduct or competence

**(a)** (1) Disciplinary Appeals Boards appointed under [section 7464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7464&num=0&edition=prelim) 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, within the aggregate time period specified in paragraph (5)(A), to the following: (A) 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, a statement of any specific law, regulation, policy, procedure, practice, or other specific instruction that has been violated with respect to each charge, and a file containing all the evidence in support of each charge, except that the requirement for notification in advance may be waived if there is reasonable cause to believe that the e

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4110 — Advisory Committee on Veterans Employment, Training, and Employer Outreach

**(a)** (1) There is hereby established within the Department of Labor an advisory committee to be known as the Advisory Committee on Veterans Employment, Training, and Employer Outreach. (2) The advisory committee shall— (A) assess the employment and training needs of veterans and their integration into the workforce; (B) determine the extent to which the programs and activities of the Department of Labor are meeting such needs; (C) assist the Assistant Secretary of Labor for Veterans’ Employment and Training in carrying out outreach activities to employers with respect to the training and skills of veterans and the advantages afforded employers by hiring veterans; (D) make recommendations to the Secretary, through the Assistant Secretary of Labor for Veterans’ Employment and Training, with respect to outreach activities and the employment and training of veterans; and (E) carry out such other activities that are necessary to make the reports and recommendations referred to in subsection (f) of this section. **(b)** The Secretary of Labor shall, on a regular basis, consult with and seek the advice of the advisory committee with respect to the matters referred to in subsection (a)(2) of this section. **(c)** (1) The Secretary of Labor shall appoint at least 12, but no more than 16, individuals to serve as members of the advisory committee as follows: (A) Seven individuals, one each from among representatives nominated by each of the following organizations: (i) The National Society of Human Resource Managers. (ii) The Business Roundtable. (iii) The National Association of State Workforce Agencies. (iv) The United States Chamber of Commerce. (v) The National Federation of Independent Business. (vi) A nationally recogni

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4110

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462/a/3&num=0&edition=prelim)). **(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 notice and an opportunity to answer with respect to those charges in accordance with subparagraphs (A) and (B) of [section 7462(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7462/b/1&num=0&edition=prelim), but within the time periods specified in paragraph (3). (2) In any other case in which charges are brought against a section 7401(1) employee, the employee is entitled, within the aggregate time period specified in paragraph (3)(A), to— (A

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7406 — Residencies and internships

**(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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7461 — Adverse actions: section 7401(1) employ-

Page 1256 TITLE 38—VETERANS’ BENEFITS § 7461 (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 CIR- CUMSTANCES.—(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 emer- gency that could not have been reasonably an- ticipated; (B) the emergency is non-recurring and is not caused by or aggravated by the inatten- tion 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 re- quires 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 require- ment 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

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