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38 U.S.C. § 4114 — Credentialing and licensure of veterans: demonstration project

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

38 U.S.C. § 4114 — Credentialing and licensure of veterans: demonstration project

**(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

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Source file: Laws/federal/codes/united-states-code/title-38/section-4114-credentialing-and-licensure-of-veterans-demonstration-project--8fd1de020d.md
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Source location: Title 38, Chapter 41, § 4114; chapter-041-job-counseling-training-and-placement-service-for-veterans.md

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**(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 credential, certification, or license to a veteran who acquired any skill, training, or experience while serving as a member of the Armed Forces with a military occupational specialty selected under subsection (b)(1) that satisfies the Federal and State requirements for the credential, certification, or license. **(d) Period of Project.—** The period during which the Assistant Secretary shall carry out the demonstration project under this section shall be the two-year period beginning on the date of the enactment of the VOW to Hire Heroes Act of 2011.

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

38 U.S.C. § 7311 — Quality assurance

**(a)** The Secretary shall— (1) establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Veterans Health Administration (hereinafter in this section referred to as the “quality-assurance program”); and (2) delineate the responsibilities of the Under Secretary for Health with respect to the quality-assurance program, including the duties prescribed in this section. **(b)** (1) As part of the quality-assurance program, the Under Secretary for Health shall periodically evaluate— (A) whether there are significant deviations in mortality and morbidity rates for surgical procedures performed by the Administration from prevailing national mortality and morbidity standards for similar procedures; and (B) if there are such deviations, whether they indicate deficiencies in the quality of health care provided by the Administration. (2) The evaluation under paragraph (1)(A) shall be made using the information compiled under subsection (c)(1). The evaluation under paragraph (1)(B) shall be made taking into account the factors described in subsection (c)(2)(B). (3) If, based upon an evaluation under paragraph (1)(A), the Under Secretary for Health determines that there is a deviation referred to in that paragraph, the Under Secretary for Health shall explain the deviation in the report submitted under subsection (f).11 See References in Text note below. (4) As part of the quality-assurance program, the Under Secretary for Health shall establish mechanisms through which employees of Veterans Health Administration facilities may submit reports, on a confidential basis, on matters relating to quality of care in Veterans Health Administration facilities to the quality management officers of such facilities under [sect

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

38 U.S.C. § 7304 — Regulations

**(a)** Unless specifically otherwise provided, the Under Secretary for Health shall prescribe all regulations necessary to the administration of the Veterans Health Administration, including regulations relating to— (1) travel, transportation of household goods and effects, and deductions from pay for quarters and subsistence; and (2) the custody, use, and preservation of the records, papers, and property of the Administration. **(b)** Regulations prescribed by the Under Secretary for Health are subject to the approval of the Secretary.

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

38 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7312/a&num=0&edition=prelim).

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

38 U.S.C. § 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](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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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7451 — Nurses and other health-care personnel: competitive pay

**(a)** (1) It is the purpose of this section to ensure, by a means providing increased responsibility and authority to directors of Department health-care facilities, that the rates of basic pay for health-care personnel positions described in paragraph (2) in each Department health-care facility (including the rates of basic pay of personnel employed in such positions on a part-time basis) are sufficient for that facility to be competitive, on the basis of pay and other employee benefits, with non-Department health-care facilities in the same labor-market area in the recruitment and retention of qualified personnel for those positions. (2) The health-care personnel positions referred to in paragraph (1) (hereinafter in this section referred to as “covered positions”) are the following: (A) Registered nurse. (B) Physician assistant. (C) Such positions referred to in paragraphs (1) and (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) (other than the positions of physician, optometrist, dentist, registered nurse, physician assistant, and podiatrist) as the Secretary may determine upon the recommendation of the Under Secretary for Health. (3) (A) Except as provided in subparagraph (B), the rates of basic pay for covered positions in the Department shall be established and adjusted in accordance with this section instead of subsection (b)(1) of [section 7404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7404&num=0&edition=prelim) or chapter 53 of title 5. (B) Under such regulations as the Secretary shall prescribe, the Secretary shall establish and adjust the rates of basic pay for covered positions at the following health

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

38 U.S.C. § 7409 — Contracts for scarce medical specialist services

**(a)** The Secretary may enter into contracts with institutions and persons described in subsection (b) to provide scarce medical specialist services at Department facilities. Such services may include the services of physicians, dentists, podiatrists, optometrists, chiropractors, nurses, physician assistants, expanded-function dental auxiliaries, technicians, and other medical support personnel. **(b)** Institutions and persons with whom the Secretary may enter into contracts under subsection (a) are the following: (1) Schools and colleges of medicine, osteopathy, dentistry, podiatry, optometry, and nursing. (2) Clinics. (3) Any other group or individual capable of furnishing such scarce medical specialist services.

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

38 U.S.C. § 7316 — Malpractice and negligence suits: defense by United States

**(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

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

38 U.S.C. § 7452 — Nurses and other health-care personnel: administration of pay

**(a)** (1) Regulations prescribed under [section 7451(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7451/a&num=0&edition=prelim) shall provide that whenever an employee in a covered position is given a new duty assignment which is a promotion, the rate of basic pay of that employee shall be increased at least one step increment in that employee’s grade. (2) A nurse serving in a head nurse position shall while so serving receive basic pay at a rate two step increments above the rate that would otherwise be applicable to the nurse. If such a nurse is in the highest or next-to-highest step for that nurse’s grade, the preceding sentence shall be applied by extrapolation to create additional steps only for the purposes of this paragraph. The limitation in [section 7451(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7451/c/1&num=0&edition=prelim) shall not apply with respect to increased basic pay under this paragraph. (3) An employee in a covered position who is promoted to the next higher grade shall be paid in that grade at a step having a rate of basic pay that is greater than the rate of basic pay applicable to the employee in a covered position on the day before the effective date of the promotion. **(b)** (1) Under regulations which the Secretary prescribes for the administration of this section, the director of a Department health-care facility (A) shall pay a cash bonus (in an amount to be determined by the director not to exceed $2,000) to an employee in a covered position at that facility who becomes certified in a specialty recognized by the Department, and (B) may provide such a bonus to an employee in such a position who has demonstrated both exemplary job per

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

38 U.S.C. § 7458 — Recruitment and retention bonus pay

**(a)** (1) In order to recruit and retain registered nurses, the Secretary may enter into agreements under this section. Such an agreement may be entered into with any registered nurse who is employed at, or who agrees to accept employment with the Department at, a Department health-care facility that is designated by the Secretary as a health-care facility with a significant shortage in registered nurses in any clinical service. (2) A registered nurse entering into an agreement under this section shall agree to remain employed by the Department as a registered nurse for a period of time to be specified in the agreement and to serve during that period in a specific health-care facility that is designated by the Secretary as a health-care facility with a significant shortage of registered nurses in that nurse’s clinical service. Such period may not be less than two years or more than four years. Such employment during such period may be on a full-time basis or a part-time basis, as specified in the agreement. Part-time employment as specified in such an agreement may not be less than half-time. **(b)** (1) The Secretary shall pay to any nurse entering into an agreement under this section bonus pay in an amount specified in the agreement. The amount of such bonus pay may not exceed— (A) $2,000 per year, in the case of an agreement for two years, (B) $3,000 per year, in the case of an agreement for three years, and (C) $4,000 per year, in the case of an agreement for four years. (2) In the case of an agreement for employment on less than a full-time basis, the amount of bonus pay shall be pro-rated accordingly. **(c)** (1) Except as provided in paragraph (2) of this subsection, a bonus under this section shall be paid in equal installments after each year

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

38 U.S.C. § 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.

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