38 U.S.C. § 7424 — Travel expenses of certain employees

Page 1233 TITLE 38—VETERANS’ BENEFITS § 7424 7313 of this title for the training or education of health personnel. (2) The term ‘‘remuneration’’ means the re- ceipt 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. The Secretary may also es- tablish 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 condi- tions as are provided for the program estab- lished by the Director of the Office of Per- sonnel Management under subchapter III of chapter 63 of title 5; and (B) any leave bank program established pur- suant 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 pursu- ant to paragraph (1), and in any leave bank pro- gram established pursuant to such paragraph, shall be voluntary. The Secretary may not re- quire 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 profes- sionals referred to in paragraph (1) to partici- pate in the leave transfer program established by the Director of the Office of Personnel Man- agement 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 profes- sionals 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 pre- scribed in such agreement. (5) The Secretary is not required to establish a leave transfer program for any personnel per- mitted to participate in a leave transfer pro- gram pursuant to an agreement referred to in paragraph (4). (f) The Secretary may purchase promotional items of nominal value for use in the recruit- ment of individuals for employment under this chapter. The Secretary shall prescribe guide- lines for the administration of the preceding sentence. (Added and amended Pub. L. 102–40, title II, § 202, title IV, § 401(b)(3)(A), May 7, 1991, 105 Stat. 201, 230; Pub. L. 102–405, title II, § 203, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984; Pub. L. 104–262, title III, § 347, Oct. 9, 1996, 110 Stat. 3208; Pub. L. 114–315, title VI, § 614, Dec. 16, 2016, 130 Stat. 1577; Pub. L. 117–168, title IX, § 906(c)(2), Aug. 10, 2022, 136 Stat. 1812.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respec- tively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4108(a), (c), and (e) of this title prior to the repeal of that section as part of the complete re- vision of chapter 73 of this title by Pub. L. 102–40. AMENDMENTS 2022—Subsec. (a)(2)(D). Pub. L. 117–168, § 906(c)(2)(A), added subpar. (D). Subsec. (e)(1). Pub. L. 117–168, § 906(c)(2)(B), sub- stituted ‘‘7421(b)’’ for ‘‘7401(1)’’. 2016—Subsec. (a). Pub. L. 114–315 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), the hours’’ for ‘‘The hours’’, and added par. (2). 1996—Subsec. (b). Pub. L. 104–262, § 347(a), redesig- nated pars. (2) to (6) as (1) to (5), respectively, and struck out former par. (1) which read as follows: ‘‘As- sume responsibility for the medical care of any patient other than a patient admitted for treatment at a De- partment facility, except in those cases where the per- son, upon request and with the approval of the Under Secretary for Health, assumes such responsibilities to assist communities or medical practice groups to meet medical needs which would not otherwise be available for a period not to exceed 180 calendar days, which may be extended by the Under Secretary for Health for addi- tional periods not to exceed 180 calendar days each.’’ Subsec. (c). Pub. L. 104–262, § 347(b), substituted ‘‘sub- section (b)(5)’’ for ‘‘subsection (b)(6)’’ in introductory provisions. 1992—Subsec. (b)(1). Pub. L. 102–405, § 302(c)(1), sub- stituted ‘‘Under Secretary for Health’’ for ‘‘Chief Med- ical Director’’ in two places. Subsec. (f). Pub. L. 102–405, § 203, added subsec. (f). 1991—Subsec. (e). Pub. L. 102–40, § 401(b)(3)(A), added subsec. (e). Statutory Notes and Related Subsidiaries ESTABLISHMENT OF LEAVE BANK PROGRAM For provision authorizing the establishment of a leave bank program for health-care professional cov- ered under subsec. (e) of former section 4108 of this title [now covered by subsec. (e) of this section] similar to the leave bank program for Federal civilian employees in reserves who were activated during Persian Gulf War, see section 361 of Pub. L. 102–25, set out as a Leave Bank for Federal Civilian Employees in Reserves Who Were Activated During Persian Gulf War note under section 6361 of Title 5, Government Organization and Employees. § 7424. Travel expenses of certain employees (a) The Secretary may pay the expenses (other than membership fees) of persons described in sections 7306 and 7401(1) of this title (including persons in positions described in section 7401(1) of this title who are appointed on a temporary full-time basis or a part-time basis under sec- tion 7405 of this title) who are detailed by the Under Secretary for Health to attend meetings of associations for the promotion of medical and related science. (b)(1) The Secretary may prescribe regulations establishing conditions under which officers and employees of the Administration who are na- tionally recognized principal investigators in medical research may be permitted to accept payment, in cash or in kind, from non-Federal 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 chapter 43 of title 5. (6) Section 4507 of title 5. (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 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 modi- fied. (c) Notwithstanding any other provision of this subchapter, the Administration shall pro- vide to individuals appointed to any position de- scribed in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and sub- ject 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. (Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended Pub. L. 116–283, div. A, title XI, § 1103(d)(1), Jan. 1, 2021, 134 Stat. 3887.) Editorial Notes REFERENCES IN TEXT Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (a)(1), is section 413 of Pub. L. 95–454, title IV, Oct. 13, 1978, 92 Stat. 1175, which is set out as a note under section 3133 of Title 5, Government Organization and Employees. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 4101(e) and 4119 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 2021—Subsec. (b). Pub. L. 116–283, § 1103(d)(1)(A), sub- stituted ‘‘Except as provided in subsection (c), and not- withstanding’’ for ‘‘Notwithstanding’’. Subsec. (c). Pub. L. 116–283, § 1103(d)(1)(B), added sub- sec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title XI, § 1103(d)(2), Jan. 1, 2021, 134 Stat. 3888, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5, United States Code, occurring on or after October 1, 2020.’’ DEPARTMENT OF VETERANS AFFAIRS: INCLUDING MILI- TARY SERVICE IN DETERMINING FAMILY AND MEDICAL LEAVE ELIGIBILITY Pub. L. 118–31, div. A, title XI, § 1114(c), Dec. 22, 2023, 137 Stat. 432, provided that: ‘‘Not later than 6 months after the date of enactment of this Act [Dec. 22, 2023], the Secretary of Veterans Affairs shall modify the fam- ily and medical leave program provided by operation of section 7425(c) of title 38, United States Code, to con- form with the requirements of the amendment made by subsection (a) [amending section 6381 of Title 5, Gov- ernment Organization and Employees] with respect to military service in section 6381(1)(B)(ii) of title 5, United States Code, as added by such subsection.’’ § 7426. Retirement rights (a) Except as provided in subsection (b), per- sons appointed to the Administration shall be subject to the provisions of and entitled to bene- fits under subchapter III of chapter 83 of title 5 or subchapter II of chapter 84 of title 5, which- ever is applicable. (b)(1) In computing the annuity under sub- chapter III of chapter 83, or subchapter II of chapter 84, of title 5 of an individual who retires under such subchapter (other than under section 8337 or 8451 of such title) after December 31, 1981, and who served at any time on a less-than-full- time basis in a position in the Administration to which such individual was appointed under sub- chapter I— (A) for the purpose of determining such indi- vidual’s average pay, as defined by section