38 U.S.C. § 701 — Placement of employees in military instal-

Page 110 TITLE 38—VETERANS’ BENEFITS § 701 Statutory Notes and Related Subsidiaries DEADLINES FOR ESTABLISHMENT, INITIAL APPOINTMENTS, AND INITIAL MEETING Pub. L. 117–263, div. E, title LI, § 5102(b)–(d), Dec. 23, 2022, 136 Stat. 3208, provided that: ‘‘(b) DEADLINE FOR ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Veterans Affairs shall establish the advisory committee required by section 548 of title 38, United States Code, as added by sub- section (a) of this section. ‘‘(c) DEADLINE FOR INITIAL APPOINTMENTS.—Not later than 90 days after the date on which the Secretary es- tablishes the advisory committee required by such sec- tion 548, the members of such advisory committee shall be appointed. ‘‘(d) INITIAL MEETING.—Not later than 180 days after the date on which the Secretary establishes the advi- sory committee required by such section 548, such advi- sory committee shall hold its first meeting.’’ CHAPTER 7—EMPLOYEES SUBCHAPTER I—GENERAL EMPLOYEE MATTERS Sec. 701. Placement of employees in military installa- tions. 703. Miscellaneous authorities respecting employ- ees. 704. Waiver of pay limitation for certain employ- ees. 705. Telephone service for medical officers and fa- cility directors. 706. Additional authority relating to recruitment and retention of personnel. 707. Benefits for employees at overseas offices who are United States citizens. 709. Employment restrictions. 711. Grade reductions. [712. Repealed.] 713. Senior executives: removal, demotion, or sus- pension based on performance or mis- conduct. 714. Employees: removal, demotion, or suspension based on performance or misconduct. 715. Congressional testimony by employees: treat- ment as official duty. 717. Limitation on administrative leave. 719. Reduction of benefits of employees convicted of certain crimes. 721. Recoupment of bonuses or awards paid to em- ployees of Department. 723. Recoupment of relocation expenses paid on behalf of employees of Department. 725. Annual performance plan for political ap- pointees. 726. Annual report on performance awards and bo- nuses awarded to certain high-level employ- ees. 727. Reassignment of senior executives. 728. Misuse of Department purchase cards. SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS 731. Adverse actions against supervisory employ- ees who commit prohibited personnel ac- tions relating to whistleblower complaints. 732. Protection of whistleblowers as criteria in evaluation of supervisors. 733. Training regarding whistleblower disclosures. [734 to 736. Repealed.] SUBCHAPTER III—EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM 741. Executive Management Fellowship Program. Editorial Notes AMENDMENTS 2022—Pub. L. 117–168, § 1(b)(2), title IX, §§ 907, 909, Aug. 10, 2022, 136 Stat. 1759, 1813, 1815, added items 704 and 706. 2018—Pub. L. 115–407, title V, § 501(b), Dec. 31, 2018, 132 Stat. 5376, which directed adding item 728 after item 728, was executed by adding item 728 after item 727 to reflect the probable intent of Congress. Pub. L. 115–188, § 2(b), June 21, 2018, 132 Stat. 1491, which directed adding item 727 after item 725, was exe- cuted by adding item 727 after item 726 to reflect the probable intent of Congress. Pub. L. 115–182, title V, § 501(b), June 6, 2018, 132 Stat. 1475, added item 726. 2017—Pub. L. 115–46, title II, §§ 202(c), 203(b), Aug. 12, 2017, 131 Stat. 962, added item 725 and added item for subchapter III and item 741. Pub. L. 115–41, title I, § 102(b), title II, §§ 201(c), 202(b)(1), 203(a)(2), 204(b), 205(b), June 23, 2017, 131 Stat. 867, 869, 873, 875–877, substituted ‘‘removal, demotion, or suspension’’ for ‘‘removal’’ in item 713, added items 714, 719, 721, 723, and 731 to 733, and struck out former items 731 ‘‘Whistleblower complaint defined’’, 732 ‘‘Treatment of whistleblower complaints’’, and 733 ‘‘Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower com- plaints’’, and items 734 ‘‘Evaluation criteria of super- visors and treatment of bonuses’’, 735 ‘‘Training regard- ing whistleblower complaints’’, and 736 ‘‘Reports to Congress’’. 2016—Pub. L. 114–315, title V, § 503(a)(2), Dec. 16, 2016, 130 Stat. 1568, added item 717. Pub. L. 114–223, div. A, title II, § 247(a)(2)(B), (b)(2), Sept. 29, 2016, 130 Stat. 890, 891, added item for sub- chapter I, added item 715, and added item for sub- chapter II and items 731 to 736. 2014—Pub. L. 113–146, title VII, § 707(a)(2), Aug. 7, 2014, 128 Stat. 1800, added item 713. 2001—Pub. L. 107–103, title V, § 509(a)(2), Dec. 27, 2001, 115 Stat. 997, struck out item 712 ‘‘Full-time equivalent positions: limitation on reduction’’. 1994—Pub. L. 103–446, title XI, § 1102(b), Nov. 2, 1994, 108 Stat. 4681, added item 712. SUBCHAPTER I—GENERAL EMPLOYEE MATTERS Editorial Notes AMENDMENTS 2016—Pub. L. 114–223, div. A, title II, § 247(a)(2)(A), Sept. 29, 2016, 130 Stat. 890, inserted subchapter head- ing. § 701. Placement of employees in military instal- lations The Secretary may place employees of the De- partment in such Army, Navy, Air Force, and Space Force installations as may be considered advisable for the purpose of adjudicating dis- ability claims of, and giving aid and advice to, members of the Armed Forces who are about to be discharged or released from active military, naval, air, or space service. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 394; amended Pub. L. 116–283, div. A, title IX, § 926(a)(4), (c), Jan. 1, 2021, 134 Stat. 3830, 3831.) Editorial Notes PRIOR PROVISIONS Prior sections 701 and 702 were renumbered sections 1901 and 1902 of this title, respectively. Provisions similar to those in this section were con- tained in section 231 of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Air Force, and Space Force’’ for ‘‘and Air Force’’ and ‘‘air, or space service’’ for ‘‘or air service’’. Page 111 TITLE 38—VETERANS’ BENEFITS § 701 Statutory Notes and Related Subsidiaries DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH EMPLOYEES RESPONSIBLE FOR HOMELESSNESS ASSISTANCE PROGRAMS Pub. L. 117–328, div. U, title III, § 308, Dec. 29, 2022, 136 Stat. 5473, provided that: ‘‘The Under Secretary for Health of the Department of Veterans Affairs shall clearly communicate with employees of the Depart- ment of Veterans Affairs whose responsibilities are re- lated to homelessness assistance programs regarding— ‘‘(1) the measurement of performance of such pro- grams by the Homeless Programs Office of the De- partment; and ‘‘(2) how to obtain and provide feedback about per- formance measures.’’ REEMPLOYMENT OF FORMER EMPLOYEES AT DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–46, title II, § 204, Aug. 12, 2017, 131 Stat. 963, provided that: ‘‘(a) IN GENERAL.—Notwithstanding sections 3309 through 3318 of title 5, United States Code, the Sec- retary of Veterans Affairs may noncompetitively ap- point a qualified former career or career conditional employee to any position within the competitive serv- ice at the Department of Veterans Affairs that is one grade or equivalent higher than the grade or equivalent of the position at the Department most recently occu- pied by the employee. ‘‘(b) LIMITATION.—The Secretary may not appoint a qualified former employee to a position that is more than one grade (or equivalent) higher than the position at the Department most recently occupied by the em- ployee. ‘‘(c) DEFINITION OF QUALIFIED FORMER EMPLOYEE.— For purposes of this section, the term ‘qualified former employee’ means any individual who— ‘‘(1) formerly occupied any career or career condi- tional position at the Department of Veterans Affairs within 2 years before applying for reemployment at the Department; ‘‘(2) voluntarily left such position, or was subject to a reduction in force, and had a satisfactory perform- ance record while occupying such position; and ‘‘(3) since leaving such position has maintained li- censing requirements, related to the position, if any, and gained skill, knowledge, or other factors related to the position.’’ PROMOTIONAL OPPORTUNITIES FOR TECHNICAL EXPERTS AT DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–46, title II, § 205, Aug. 12, 2017, 131 Stat. 963, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Aug. 12, 2017], the Secretary of Veterans Affairs shall establish a pro- motional track system for employees of the Depart- ment of Veterans Affairs that the Secretary determines are technical experts pursuant to regulations pre- scribed by the Secretary for purposes of carrying out this section. Such system shall— ‘‘(1) provide any such employee the opportunity to advance within the Department without being re- quired to transition to a management position; and ‘‘(2) for purposes of achieving career advancement— ‘‘(A) provide for the establishment of new posi- tions within the Department; and ‘‘(B) notwithstanding any other provision of law, provide for increases in pay for any such em- ployee.’’ EMPLOYMENT OF STUDENTS AND RECENT GRADUATES BY DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–46, title II, § 206, Aug. 12, 2017, 131 Stat. 963, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall prescribe regulations to allow for excepted service appointments of students and recent graduates leading to conversion to career or career conditional employ- ment of a student or recent graduate of a qualifying educational institution, as defined by the Department. ‘‘(b) APPLICABILITY.—The conversion authority de- scribed in subsection (a) shall be applicable to individ- uals in good standing who— ‘‘(1) are employed in a qualifying internship or fel- lowship program at the Department; ‘‘(2) are employed in the Department in a volunteer capacity and performing substantive duties com- parable to those of individuals in internship or fel- lowship programs and meet the required number of hours for conversion; ‘‘(3) are employed in the Department under a con- tract or agreement with an external nonprofit organi- zation and performing substantive duties comparable to those of individuals in internship or fellowship programs; ‘‘(4) have received educational assistance under chapter 33 of title 38, United States Code; or ‘‘(5) graduated from a qualifying educational insti- tution, as defined by the Department, and have not reached 30 years of age. ‘‘(c) UNIFORMITY.—For the purposes of paragraphs (2) and (3) of subsection (b), hours of work performed by an individual employed shall be considered equal to those performed by an individual employed in a qualifying in- ternship or fellowship program by the Department.’’ RECRUITING DATABASE AT DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–46, title II, § 208, Aug. 12, 2017, 131 Stat. 964, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Veterans Af- fairs shall establish a single database that lists— ‘‘(1) each vacant position in the Department of Vet- erans Affairs that the Secretary determines is crit- ical to the mission of the Department, difficult to fill, or both; and ‘‘(2) each vacant position in the Department of Vet- erans Affairs for a mental health professional. ‘‘(b) QUALIFIED APPLICANT.—If the Secretary deter- mines that an applicant for a vacant position listed in the database established under subsection (a) is quali- fied for such position but does not select the applicant for such position, the Secretary, at the election of the applicant, may consider the applicant for other similar vacant positions listed in the database for which the applicant is qualified. ‘‘(c) PROLONGED VACANCIES.—If the Secretary does not fill a vacant position listed in the database estab- lished under subsection (a) after a period determined appropriate by the Secretary, the Secretary— ‘‘(1) may ensure that applicants described in sub- section (b) are considered for such position; and ‘‘(2) may use the database established under sub- section (a) to assist in filling such position. ‘‘(d) REPORT.—Not later than one year after the date of the enactment of this Act [Aug. 12, 2017], the Sec- retary shall submit to Congress a report on the use and efficacy of the database established under subsection (a).’’ EXIT SURVEYS AT DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–46, title II, § 211, Aug. 12, 2017, 131 Stat. 966, provided that: ‘‘(a) EXIT SURVEYS REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Veterans Affairs shall develop and carry out a standardized exit sur- vey to be voluntarily completed by career and non- career employees and executives of the Department of Veterans Affairs who voluntarily separate from the Department. ‘‘(2) CONSULTATION.—Such exit survey shall be de- veloped in consultation with an appropriate non-De- partment entity with experience developing such sur- veys. ‘‘(b) SURVEY CONTENT.—The survey shall include, at a minimum, the following: ‘‘(1) Reasons for leaving the Department. Page 112 TITLE 38—VETERANS’ BENEFITS § 703 ‘‘(2) Efforts made by the supervisor of the employee to retain the individual. ‘‘(3) The extent of job satisfaction and engagement during the employment. ‘‘(4) The intent of [the] employee to either remain employed within the Federal Government or to leave employment with the Federal Government. ‘‘(5) Such other matters as the Secretary deter- mines appropriate. ‘‘(c) ANONYMITY OF SURVEY CONTENT.—The Secretary shall ensure that data collected under subsection (a)— ‘‘(1) is anonymized, including through the use of a location that allows for privacy; ‘‘(2) is not directly visible by another employee; and ‘‘(3) does not require the departing employee to input any personally identifiable data. ‘‘(d) SHARING OF SURVEY DATA.—The Secretary shall ensure that the results of the survey required by sub- section (a) are— ‘‘(1) aggregated at the Veterans Integrated Service Network level; and ‘‘(2) shared on an annual basis with directors and managers of facilities of the Department and the Vet- erans Integrated Service Networks. ‘‘(e) ANNUAL REPORT.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Aug. 12, 2017] and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the aggregate results of the exit survey under subsection (a) covering the year prior to the report. ‘‘(2) CONTENTS.—Each report submitted under para- graph (1) shall include, for the period covered by the report, the following: ‘‘(A) An analysis of the most common reasons em- ployees choose to leave the Department. ‘‘(B) The steps the Secretary is taking to improve retention, particularly for mission-critical occupa- tions. ‘‘(C) The demographic characteristics of employ- ees choosing to leave the Department. ‘‘(D) Any legislative barriers to improving em- ployee retention. ‘‘(E) The total number of employees who volun- tarily separated from the Department and the num- ber and percentage of whom took the exit survey under subsection (a).’’ § 703. Miscellaneous authorities respecting em- ployees (a) The Secretary may furnish and launder such wearing apparel as may be prescribed for employees in the performance of their official duties. (b) The Secretary may transport children of Department employees located at isolated sta- tions to and from school in available Govern- ment-owned automotive equipment. (c) The Secretary may provide recreational fa- cilities, supplies, and equipment for the use of patients in hospitals and employees in isolated installations. (d) The Secretary may provide for the prepara- tion, shipment, installation, and display of ex- hibits, photographic displays, moving pictures, and other visual educational information and descriptive material. For the purposes of the preceding sentence, the Secretary may purchase or rent equipment. (e) The Secretary may reimburse employees for the cost of repairing or replacing their per- sonal property damaged or destroyed by pa- tients or domiciliary members while such em- ployees are engaged in the performance of their official duties. (f)(1) The Secretary, upon determining that an emergency situation exists and that such action is necessary for the effective conduct of the af- fairs of the Department, may use Government- owned, or leased, vehicles to transport employ- ees to and from their place of employment and the nearest adequate public transportation or, if such public transportation is either unavailable or not feasible to use, to and from their place of employment and their home. (2) The Secretary shall establish reasonable rates to cover the cost of the service rendered under this subsection, and all proceeds collected therefrom shall be applied to the applicable ap- propriation. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 394.) Editorial Notes PRIOR PROVISIONS A prior section 703 was renumbered section 1903 of this title. Provisions similar to those in this section were con- tained in section 233 of this title prior to repeal by Pub. L. 102–83, § 2(a). Statutory Notes and Related Subsidiaries OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERV- ICES AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–73, title II, § 202, Oct. 26, 2017, 131 Stat. 1241, provided that: ‘‘The Secretary of Veterans Affairs shall conduct a program of outreach to employees of the Department of Veterans Affairs to inform those employees of any mental health services, including telemedicine options, that are available to them.’’ PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS Pub. L. 115–73, title II, § 203, Oct. 26, 2017, 131 Stat. 1241, provided that: ‘‘The Secretary of Veterans Affairs shall ensure protocols are in effect to address threats from individuals receiving health care from the Depart- ment of Veterans Affairs directed towards employees of the Department who are providing such health care.’’ CLINIC MANAGEMENT TRAINING FOR EMPLOYEES AT MEDICAL FACILITIES OF THE DEPARTMENT OF VET- ERANS AFFAIRS Pub. L. 113–146, title III, § 303, Aug. 7, 2014, 128 Stat. 1788, provided that: ‘‘(a) CLINIC MANAGEMENT TRAINING PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Aug. 7, 2014], the Secretary of Veterans Affairs shall commence a role- specific clinic management training program to pro- vide in-person, standardized education on systems and processes for health care practice management and scheduling to all appropriate employees, as de- termined by the Secretary, at medical facilities of the Department. ‘‘(2) ELEMENTS.— ‘‘(A) IN GENERAL.—The clinic management train- ing program required by paragraph (1) shall include the following: ‘‘(i) Training on how to manage the schedules of health care providers of the Department, includ- ing the following: ‘‘(I) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance.