
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7423]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
    SUBCHAPTER II--COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION
 
Sec. 7423. Personnel administration: full-time employees

    (a) The hours of employment in carrying out responsibilities under 
this title of any employee who is appointed in the Administration under 
any provision of this chapter on a full-time basis in a position listed 
in section 7421(b) of this title (other than an intern or resident 
appointed pursuant to section 7406 of this title) and who accepts 
responsibilities for carrying out professional services for remuneration 
other than those assigned under this title shall consist of not less 
than 80 hours in a biweekly pay period (as that term is used in section 
5504 of title 5).
    (b) A person covered by subsection (a) may not do any of the 
following:
        (1) Teach or provide consultative services at any affiliated 
    institution if such teaching or consultation will, because of its 
    nature or duration, conflict with such person's responsibilities 
    under this title.
        (2) Accept payment under any insurance or assistance program 
    established under title XVIII or XIX of the Social Security Act or 
    under chapter 55 of title 10 for professional services rendered by 
    such person while carrying out such person's responsibilities under 
    this title.
        (3) Accept from any source, with respect to any travel performed 
    by such person in the course of carrying out such person's 
    responsibilities under this title, any payment or per diem for such 
    travel, other than as provided for in section 4111 of title 5.
        (4) Request or permit any individual or organization to pay, on 
    such person's behalf for insurance insuring such person against 
    malpractice claims arising in the course of carrying out such 
    person's responsibilities under this title or for such person's dues 
    or similar fees for membership in medical or dental societies or 
    related professional associations, except where such payments 
    constitute a part of such person's remuneration for the performance 
    of professional responsibilities permitted under this section, other 
    than those carried out under this title.
        (5) Perform, in the course of carrying out such person's 
    responsibilities under this title, professional services for the 
    purpose of generating money for any fund or account which is 
    maintained by an affiliated institution for the benefit of such 
    institution, or for such person's personal benefit, or both.

    (c) In the case of any fund or account described in subsection 
(b)(5) that was established before September 1, 1973--
        (1) the affiliated institution shall submit semiannually an 
    accounting to the Secretary and to the Comptroller General of the 
    United States with respect to such fund or account and shall 
    maintain such fund or account subject to full public disclosure and 
    audit by the Secretary and the Comptroller General for a period of 
    three years or for such longer period as the Secretary shall 
    prescribe, and
        (2) no person in a position specified in paragraph (1)(B) may 
    receive any cash from amounts deposited in such fund or account 
    derived from services performed before that date.

    (d) As used in this section:
        (1) The term ``affiliated institution'' means a medical school 
    or other institution of higher learning with which the Secretary has 
    a contract or agreement as referred to in section 7313 of this title 
    for the training or education of health personnel.
        (2) The term ``remuneration'' means the receipt 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 
7401(1) of this title. The Secretary may also establish 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 conditions as are provided for the program 
    established by the Director of the Office of Personnel Management 
    under subchapter III of chapter 63 of title 5; and
        (B) any leave bank program established pursuant 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 pursuant to paragraph (1), and in any leave 
bank program established pursuant to such paragraph, shall be voluntary. 
The Secretary may not require 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 
professionals referred to in paragraph (1) to participate in the leave 
transfer program established by the Director of the Office of Personnel 
Management 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 professionals 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 prescribed in such agreement.
    (5) The Secretary is not required to establish a leave transfer 
program for any personnel permitted to participate in a leave transfer 
program pursuant to an agreement referred to in paragraph (4).
    (f) The Secretary may purchase promotional items of nominal value 
for use in the recruitment of individuals for employment under this 
chapter. The Secretary shall prescribe guidelines for the administration 
of the preceding sentence.

(Added and amended Pub. L. 102-40, title II, Sec. 202, title IV, 
Sec. 401(b)(3)(A), May 7, 1991, 105 Stat. 201, 230; Pub. L. 102-405, 
title II, Sec. 203, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1983, 1984; Pub. L. 104-262, title III, Sec. 347, Oct. 9, 1996, 110 
Stat. 3208.)

                       References in Text

    The Social Security Act, referred to in subsec. (b)(2), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of the 
Act are classified generally to subchapters XVIII (Sec. 1395 et seq.) 
and XIX (Sec. 1396 et seq.), respectively, 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 contained in 
section 4108(a), (c), and (e) of this title prior to the repeal of that 
section as part of the complete revision of chapter 73 of this title by 
Pub. L. 102-40.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-262, Sec. 347(a), redesignated pars. 
(2) to (6) as (1) to (5), respectively, and struck out former par. (1) 
which read as follows: ``Assume responsibility for the medical care of 
any patient other than a patient admitted for treatment at a Department 
facility, except in those cases where the person, 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 additional periods not to exceed 180 calendar 
days each.''
    Subsec. (c). Pub. L. 104-262, Sec. 347(b), substituted ``subsection 
(b)(5)'' for ``subsection (b)(6)'' in introductory provisions.
    1992--Subsec. (b)(1). Pub. L. 102-405, Sec. 302(c)(1), substituted 
``Under Secretary for Health'' for ``Chief Medical Director'' in two 
places.
    Subsec. (f). Pub. L. 102-405, Sec. 203, added subsec. (f).
    1991--Subsec. (e). Pub. L. 102-40, Sec. 401(b)(3)(A), added subsec. 
(e).


                   Establishment of Leave Bank Program

    For provision authorizing the establishment of a leave bank program 
for health-care professional covered 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.

                  Section Referred to in Other Sections

    This section is referred to in section 7616 of this title.
