38 U.S.C. § 703 — Miscellaneous authorities respecting em-

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. Page 113 TITLE 38—VETERANS’ BENEFITS § 704 ‘‘(II) Proper planning procedures for vacation, leave, and graduate medical education training schedules. ‘‘(ii) Training on the appropriate number of ap- pointments that a health care provider should conduct on a daily basis, based on specialty. ‘‘(iii) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of in- sufficient slots. ‘‘(iv) Training on how to properly use the ap- pointment scheduling system of the Department, including any new scheduling system imple- mented by the Department. ‘‘(v) Training on how to optimize the use of technology, including the following: ‘‘(I) Telemedicine. ‘‘(II) Electronic mail. ‘‘(III) Text messaging. ‘‘(IV) Such other technologies as specified by the Secretary. ‘‘(vi) Training on how to properly use physical plant space at medical facilities of the Depart- ment to ensure efficient flow and privacy for pa- tients and staff. ‘‘(B) ROLE-SPECIFIC.—The Secretary shall ensure that each employee of the Department included in the clinic management training program required by paragraph (1) receives education under such pro- gram that is relevant to the responsibilities of such employee. ‘‘(3) SUNSET.—The clinic management training pro- gram required by paragraph (1) shall terminate on the date that is 2 years after the date on which the Secretary commences such program. ‘‘(b) TRAINING MATERIALS.— ‘‘(1) IN GENERAL.—After the termination of the clin- ic management training program required by sub- section (a), the Secretary shall provide training ma- terials on health care management to each of the fol- lowing employees of the Department that are rel- evant to the position and responsibilities of such em- ployee upon the commencement of employment of such employee: ‘‘(A) Any manager of a medical facility of the De- partment. ‘‘(B) Any health care provider at a medical facil- ity of the Department. ‘‘(C) Such other employees of the Department as the Secretary considers appropriate. ‘‘(2) UPDATE.—The Secretary shall regularly update the training materials required under paragraph (1).’’ [For definition of ‘‘facility of the Department’’ as used in section 303 of Pub. L. 113–146, set out above, see section 2 of Pub. L. 113–146, set out as a note under sec- tion 1701 of this title.] LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS Pub. L. 113–146, title VII, § 705, Aug. 7, 2014, 128 Stat. 1798, as amended by Pub. L. 114–198, title IX, § 951, July 22, 2016, 130 Stat. 778; Pub. L. 115–182, title III, § 305, June 6, 2018, 132 Stat. 1469; Pub. L. 117–168, title IX, § 908(a), Aug. 10, 2022, 136 Stat. 1814, provided that: ‘‘(a) LIMITATION.—The Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the fol- lowing amounts: ‘‘(1) With respect to each of fiscal years 2017 through 2018, $250,000,000, of which not less than $20,000,000 shall be for recruitment, relocation, and retention bonuses. ‘‘(2) With respect to each of fiscal years 2019 through 2021, $290,000,000, of which not less than $20,000,000 shall be for recruitment, relocation, and retention bonuses. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that the limitation under subsection (a) should not dis- proportionately impact lower-wage employees and that the Department of Veterans Affairs is encouraged to use bonuses to incentivize high-performing employees in areas in which retention is challenging.’’ [Pub. L. 117–168, title IX, § 908(b), Aug. 10, 2022, 136 Stat. 1815, provided that: ‘‘Subsection (a) [amending section 705 of Pub. L. 113–146, set out above] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and apply as if such subsection had been enacted on September 30, 2021.’’] § 704. Waiver of pay limitation for certain em- ployees (a) EMPLOYEES OF VETERANS HEALTH ADMINIS- TRATION IMPACTED BY CLOSURE OR REALIGN- MENT.—Notwithstanding any other provision of law, the Secretary may waive any annual pre- mium or aggregate limitation on pay for an em- ployee of the Veterans Health Administration for the calendar year during which— (1) the official duty station of the employee is closed; or (2) the office, facility, activity, or organiza- tion of the employee is realigned. (b) EMPLOYEES PROVIDING CARE TO VETERANS EXPOSED TO OPEN BURN PITS.— (1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may waive any annual premium or aggregate limitation on pay for an employee of the Department whose primary duties include providing expanded care for veterans exposed to open burn pits. (2) OPEN BURN PIT DEFINED.—In this sub- section, the term ‘‘open burn pit’’ has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Ben- efits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). (c) COORDINATION WITH OFFICE OF PERSONNEL MANAGEMENT.—In implementing this section, the Secretary shall coordinate with the Director of the Office of Personnel Management. (d) REPORTS.— (1) IN GENERAL.—For each quarter that the Secretary waives a limitation under this sec- tion, the Secretary shall submit to the Com- mittee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Office of Personnel Management a report on the waiver or waiv- ers. (2) CONTENTS.—Each report submitted under paragraph (1) with respect to a waiver or waiv- ers shall include the following: (A) Where the waiver or waivers were used, including in which component of the Depart- ment and, as the case may be, which medical center of the Department. (B) For how many employees the waiver or waivers were used, disaggregated by compo- nent of the Department and, if applicable, medical center of the Department. (C) The average amount by which each payment exceeded the pay limitation that was waived, disaggregated by component of the Department and, if applicable, medical center of the Department. (e) EMPLOYEE DEFINED.—In this section, the term ‘‘employee’’ means any employee regard-