Browse Arkansas Code titles and sections
38 U.S.C. § 7421 — Personnel administration: in general
Federal law — U.S. Code and appendices · legal_authorities
**(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 title 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.
(9) Any position for which the employee is appointed under section 7306 or 7401(4) of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7421
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: cf73651ffb0b994e36165c19bd3d927efbf90e70c6b6ee61bd8e72bf4f8b7675. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_9922cb1617e567c85c1d58dc
Source file: Laws/federal/codes/united-states-code/title-38/section-7421-personnel-administration-in-general--aef6240d9a.md
Pages: Not recorded – Not recorded
Passage SHA-256: 279084c2da9bd4158ed42cf08a15912231fa9d93c8f54da7e93d3e2854e726f6
Source location: Title 38, Chapter 74, § 7421; chapter-074-veterans-health-administration-personnel.md
Stored source content
**(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 title 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.
(9) Any position for which the employee is appointed under section 7306 or 7401(4) of this title.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The remedy—
(A) against the United States provided by sections 1346(b) and 2672 of title 28, or
(B) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28,
for damages for personal injury, including death, allegedly arising from malpractice or negligence of a health care employee of the Administration in furnishing health care or treatment while in the exercise of that employee’s duties in or for the Administration shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the health care employee (or employee’s estate) whose act or omission gave rise to such claim.
(2) For purposes of paragraph (1), the term “health care employee of the Administration” means a physician, dentist, podiatrist, chiropractor, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (such as medical and dental technicians, nursing assistants, and therapists), or other supporting personnel.
**(b)** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7316
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7463
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under [section 7421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim) in any case involving employ
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7422
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “United States”, when used in a geographical sense means the several States and the District of Columbia; and
(2) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); and
(B) an individual first employed by the government of the District of Columbia before October 1, 1987;
but does not include—
(i) a teacher or librarian of the public schools of the District of Columbia;
(ii) a part-time employee who does not have an established regular tour of duty during the administrative workweek;
(iii) a temporary employee engaged in construction work at an hourly rate;
(iv) an employee of the Panama Canal Commission when employed on the Isthmus of Panama;
(v) an employee of the Veterans Health Administration who is covered by a leave system established under [section 7421 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421&num=0&edition=prelim);
(vi) an employee of either House of Congress or of the two Houses;
(vii) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(viii) an alien employee who occupies a position outside the United States, except as provided by [section 6310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim);
(ix) a “teacher” or an individual holding a “teaching position” as defined by [section 901 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section901&num=0&edition=prelim);
(x) an officer in the executive branch or in t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6301
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** During the 12-month period beginning on the first day of employment, any employee who is a veteran with a service-connected disability rated at 30 percent or more is entitled to leave, without loss or reduction in pay, for purposes of undergoing medical treatment for such disability for which sick leave could regularly be used.
**(b)**
(1) The leave credited to an employee under subsection (a) may not exceed 104 hours.
(2) Any leave credited to an employee pursuant to subsection (a) that is not used during the 12-month period described in such subsection may not be carried over and shall be forfeited.
**(c)**
(1) In order to verify that leave credited to an employee pursuant to subsection (a) is used for treating a service-connected disability, such employee shall submit to the head of the employing agency certification, in such form and manner as the Director of the Office of Personnel Management may prescribe, that such employee used such leave for purposes of being furnished treatment for such disability by a health care provider.
(2) In the case of an employee of an office of the legislative branch, the certification described in paragraph (1) shall be prescribed—
(A) in the case of an employee of the House of Representatives, by the Committee on House Administration of the House of Representatives;
(B) in the case of an employee of the Senate, by the Committee on Rules and Administration of the Senate; or
(C) in the case of an employee of any other office of the legislative branch, by the head of the office.
**(d)** In this section—
(1) the term “employee” has the meaning given such term in section 2105, and includes—
(A) an officer or employee of the United States Postal Service or the Postal Regulatory Commission; and
(B) notwithsta
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6329
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) the term “administrative leave” means leave—
(A) without loss of or reduction in—
(i) pay;
(ii) leave to which an employee is otherwise entitled under law; or
(iii) credit for time or service; and
(B) that is not authorized under any other provision of law;
(2) the term “agency”—
(A) means an Executive agency (as defined in [section 105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim));
(B) includes the Department of Veterans Affairs; and
(C) does not include the Government Accountability Office; and
(3) the term “employee”—
(A) has the meaning given the term in section 2105; and
(B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.
**(b) Administrative Leave.—**
(1) **In general.—** — During any calendar year, an agency may place an employee in administrative leave for a period of not more than a total of 10 work days.
(2) **Records.—** — An agency shall record administrative leave separately from leave authorized under any other provision of law.
**(c) Regulations.—**
(1) **OPM regulations.—** — Not later than 270 calendar days after the date of enactment of this section, the Director of the Office of Personnel Management shall—
(A) prescribe regulations to carry out this section; and
(B) prescribe regulations that provide guidance to agencies regarding—
(i) acceptable agency uses of administrative leave; and
(ii) the proper recording of—
(I) administrative leave; and
(II) other leave authorized by law.
(2) **Agency action.—** — Not later than 270 calendar days after the date on which the Director of the O
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6329a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) the term “agency”—
(A) means an Executive agency (as defined in [section 105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim));
(B) includes the Department of Veterans Affairs; and
(C) does not include the Government Accountability Office;
(2) the term “Chief Human Capital Officer” means—
(A) the Chief Human Capital Officer of an agency designated or appointed under section 1401; or
(B) the equivalent;
(3) the term “committees of jurisdiction”, with respect to an agency, means each committee of the Senate or House of Representatives with jurisdiction over the agency;
(4) the term “Director” means the Director of the Office of Personnel Management;
(5) the term “employee”—
(A) has the meaning given the term in section 2105; and
(B) does not include—
(i) an intermittent employee who does not have an established regular tour of duty during the administrative workweek; or
(ii) the Inspector General of an agency;
(6) the term “investigative entity” means—
(A) an internal investigative unit of an agency granting investigative leave under this section;
(B) the Office of Inspector General of an agency granting investigative leave under this section;
(C) the Attorney General; and
(D) the Office of Special Counsel;
(7) the term “investigative leave” means leave—
(A) without loss of or reduction in—
(i) pay;
(ii) leave to which an employee is otherwise entitled under law; or
(iii) credit for time or service;
(B) that is not authorized under any other provision of law; and
(C) in which an employee who is the subject of an investigation is placed;
(8) the term “notice leave” means leave—
(A) withou
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6329b
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) the term “agency”—
(A) means an Executive agency (as defined in [section 105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim));
(B) includes the Department of Veterans Affairs; and
(C) does not include the Government Accountability Office; and
(2) the term “employee”—
(A) has the meaning given the term in section 2105; and
(B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.
**(b) Leave for Weather and Safety Issues.—** An agency may approve the provision of leave under this section to an employee or a group of employees without loss of or reduction in the pay of the employee or employees, leave to which the employee or employees are otherwise entitled, or credit to the employee or employees for time or service only if the employee or group of employees is prevented from safely traveling to or performing work at an approved location due to—
(1) an act of God;
(2) a terrorist attack; or
(3) another condition that prevents the employee or group of employees from safely traveling to or performing work at an approved location.
**(c) Records.—** An agency shall record leave provided under this section separately from leave authorized under any other provision of law.
**(d) Regulations.—** Not later than 270 days after the date of enactment of this section, the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including—
(1) guidance to agencies regarding the appropriate purposes for providing leave under this section; and
(2) the proper recording of leave provided under this section.
**(e) Relation to Other L
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6329c
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1231
TITLE 38—VETERANS’ BENEFITS
§ 7422
‘‘(3) With respect to subsection (b)(2) of such sec-
tion, not later than 18 months after the date of the
enactment of this Act.’’
AUDITS AND REPORTS
Pub. L. 117–328, div. U, title I, § 112(d), Dec. 29, 2022, 136
Stat. 5414, provided that:
‘‘(1) AUDITS.—
‘‘(A) IN GENERAL.—The Secretary of Veterans Af-
fairs shall carry out annual audits of the compliance
of medical centers of the Department of Veterans Af-
fairs with the matters required by section 7414 of title
38, United States Code, as added by subsection (a).
‘‘(B) CONDUCT
OF
AUDITS.—In carrying out audits
under subparagraph (A), the Secretary—
‘‘(i) may not authorize the medical center being
audited to conduct the audit; and
‘‘(ii) may enter into an agreement with another
department or agency of the Federal Government
or a nongovernmental entity to conduct such au-
dits.
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act [Dec. 29, 2022], and
annually thereafter for five years, the Secretary of
Veterans Affairs shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on
Veterans’ Affairs of the House of Representatives a
report on the audits conducted under paragraph (1).
‘‘(B) ELEMENTS.—Each report submitted under sub-
paragraph (A) shall include a summary of the compli-
ance by each medical center of the Department of
Veterans Affairs with the matters required by section
7414 of title 38, United States Code, as added by sub-
section (a).
‘‘(C) INITIAL REPORT.—The Secretary shall include
in the first report submitted under subparagraph (A)
the following:
‘‘(i) A description of the progress made by the
Secretary in implementing section 7414 of title 38,
United States C
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7421
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.